[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1232 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 1232
_______________________________________________________________________
AN ACT
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Technology
Acquisition Reform Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
Sec. 101. Increased authority of agency Chief Information Officers over
information technology.
Sec. 102. Lead coordination role of Chief Information Officers Council.
Sec. 103. Reports by Government Accountability Office.
TITLE II--DATA CENTER OPTIMIZATION
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Federal data center optimization initiative.
Sec. 204. Performance requirements related to data center
consolidation.
Sec. 205. Cost savings related to data center optimization.
Sec. 206. Reporting requirements to Congress and the Federal Chief
Information Officer.
TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION
Sec. 301. Inventory of information technology software assets.
Sec. 302. Website consolidation and transparency.
Sec. 303. Transition to the cloud.
Sec. 304. Elimination of unnecessary duplication of contracts by
requiring business case analysis.
TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY
ACQUISITION MANAGEMENT PRACTICES
Subtitle A--Strengthening and Streamlining IT Program Management
Practices
Sec. 401. Pilot program on interagency collaboration.
Sec. 402. Designation of assisted acquisition centers of excellence.
Subtitle B--Strengthening IT Acquisition Workforce
Sec. 411. Expansion of training and use of information technology
acquisition cadres.
Sec. 412. Plan on strengthening program and project management
performance.
Sec. 413. Personnel awards for excellence in the acquisition of
information systems and information
technology.
TITLE V--ADDITIONAL REFORMS
Sec. 501. Maximizing the benefit of the Federal strategic sourcing
initiative.
Sec. 502. Governmentwide software purchasing program.
Sec. 503. Promoting transparency of blanket purchase agreements.
Sec. 504. Additional source selection technique in solicitations.
Sec. 505. Enhanced transparency in information technology investments.
Sec. 506. Enhanced communication between government and industry.
Sec. 507. Clarification of current law with respect to technology
neutrality in acquisition of software.
Sec. 508. No additional funds authorized.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief acquisition officers council.--The term ``Chief
Acquisition Officers Council'' means the Chief Acquisition
Officers Council established by section 1311(a) of title 41,
United States Code.
(2) Chief information officer.--The term ``Chief
Information Officer'' means a Chief Information Officer (as
designated under section 3506(a)(2) of title 44, United States
Code) of an agency listed in section 901(b) of title 31, United
States Code.
(3) Chief information officers council.--The term ``Chief
Information Officers Council'' or ``CIO Council'' means the
Chief Information Officers Council established by section
3603(a) of title 44, United States Code.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Federal agency.--The term ``Federal agency'' means each
agency listed in section 901(b) of title 31, United States
Code.
(6) Federal chief information officer.--The term ``Federal
Chief Information Officer'' means the Administrator of the
Office of Electronic Government established under section 3602
of title 44, United States Code.
(7) Information technology or it.--The term ``information
technology'' or ``IT'' has the meaning provided in section
11101(6) of title 40, United States Code.
(8) Relevant congressional committees.--The term ``relevant
congressional committees'' means each of the following:
(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER
INFORMATION TECHNOLOGY.
(a) Presidential Appointment of CIOs of Certain Agencies.--
(1) In general.--Section 11315 of title 40, United States
Code, is amended--
(A) by redesignating subsection (a) as subsection
(e) and moving such subsection to the end of the
section; and
(B) by inserting before subsection (b) the
following new subsection (a):
``(a) Presidential Appointment or Designation of Certain Chief
Information Officers.--
``(1) In general.--There shall be within each agency listed
in section 901(b)(1) of title 31 an agency Chief Information
Officer. Each agency Chief Information Officer shall--
``(A)(i) be appointed by the President; or
``(ii) be designated by the President, in
consultation with the head of the agency; and
``(B) be appointed or designated, as applicable,
from among individuals who possess demonstrated ability
in general management of, and knowledge of and
extensive practical experience in, information
technology management practices in large governmental
or business entities.
``(2) Responsibilities.--An agency Chief Information
Officer appointed or designated under this section shall report
directly to the head of the agency and carry out, on a full-
time basis, responsibilities as set forth in this section and
in section 3506(a) of title 44 for Chief Information Officers
designated under paragraph (2) of such section.''.
(2) Conforming amendments.--Section 3506(a)(2) of title 44,
United States Code, is amended--
(A) by striking ``(A) Except as provided under
subparagraph (B), the head of each agency'' and
inserting ``The head of each agency, other than an
agency with a Presidentially appointed or designated
Chief Information Officer as provided in section
11315(a)(1) of title 40,''; and
(B) by striking subparagraph (B).
(b) Authority Relating to Budget and Personnel.--Section 11315 of
title 40, United States Code, is further amended by inserting after
subsection (c) the following new subsection:
``(d) Additional Authorities for Certain CIOs.--
``(1) Budget-related authority.--
``(A) Planning.--Notwithstanding any other
provision of law, the head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31 and in
section 102 of title 5 shall ensure that the Chief
Information Officer of the agency has the authority to
participate in decisions regarding the budget planning
process related to information technology or programs
that include significant information technology
components.
``(B) Allocation.--Notwithstanding any other
provision of law, amounts appropriated for any agency
listed in section 901(b)(1) or 901(b)(2) of title 31
and in section 102 of title 5 for any fiscal year that
are available for information technology shall be
allocated within the agency, consistent with the
provisions of appropriations Acts and budget guidelines
and recommendations from the Director of the Office of
Management and Budget, in such manner as specified by,
or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer
of the agency and budget officials.
``(2) Personnel-related authority.--Notwithstanding any
other provision of law, the head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31 shall ensure that
the Chief Information Officer of the agency has the authority
necessary to approve the hiring of personnel who will have
information technology responsibilities within the agency and
to require that such personnel have the obligation to report to
the Chief Information Officer in a manner considered sufficient
by the Chief Information Officer.''.
(c) Single Chief Information Officer in Each Agency.--
(1) Requirement.--Section 3506(a)(3) of title 44, United
States Code, is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Each agency shall have only one individual
with the title and designation of `Chief Information
Officer'. Any bureau, office, or subordinate
organization within the agency may designate one
individual with the title `Deputy Chief Information
Officer', `Associate Chief Information Officer', or
`Assistant Chief Information Officer'.''.
(2) Effective date.--Section 3506(a)(3)(B) of title 44,
United States Code, as added by paragraph (1), shall take
effect as of October 1, 2014. Any individual serving in a
position affected by such section before such date may continue
in that position if the requirements of such section are
fulfilled with respect to that individual.
SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.
(a) Lead Coordination Role.--Subsection (d) of section 3603 of
title 44, United States Code, is amended to read as follows:
``(d) Lead Interagency Forum.--
``(1) In general.--The Council is designated the lead
interagency forum for improving agency coordination of
practices related to the design, development, modernization,
use, operation, sharing, performance, and review of Federal
Government information resources investment. As the lead
interagency forum, the Council shall develop cross-agency
portfolio management practices to allow and encourage the
development of cross-agency shared services and shared
platforms. The Council shall also issue guidelines and
practices for infrastructure and common information technology
applications, including expansion of the Federal Enterprise
Architecture process if appropriate. The guidelines and
practices may address broader transparency, common inputs,
common outputs, and outcomes achieved. The guidelines and
practices shall be used as a basis for comparing performance
across diverse missions and operations in various agencies.
``(2) Report.--Not later than December 1 in each of the 6
years following the date of the enactment of this paragraph,
the Council shall submit to the relevant congressional
committees a report (to be known as the `CIO Council Report')
summarizing the Council's activities in the preceding fiscal
year and containing such recommendations for further
congressional action to fulfill its mission as the Council
considers appropriate.
``(3) Relevant congressional committees.--For purposes of
the report required by paragraph (2), the relevant
congressional committees are each of the following:
``(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.''.
(b) Additional Function.--Subsection (f) of section 3603 of such
title is amended by adding at the end the following new paragraph:
``(8) Assist the Administrator in developing and providing
guidance for effective operations of the Federal Infrastructure
and Common Application Collaboration Center authorized under
section 11501 of title 40.''.
(c) References to Administrator of E-Government as Federal Chief
Information Officer.--
(1) References.--Section 3602(b) of title 44, United States
Code, is amended by adding at the end the following: ``The
Administrator may also be referred to as the Federal Chief
Information Officer.''.
(2) Definition.--Section 3601(1) of such title is amended
by inserting ``or Federal Chief Information Officer'' before
``means''.
SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Requirement to Examine Effectiveness.--The Comptroller General
of the United States shall examine the effectiveness of the Chief
Information Officers Council in meeting its responsibilities under
section 3603(d) of title 44, United States Code, as added by section
102, with particular focus on--
(1) whether agencies are actively participating in the
Council and heeding the Council's advice and guidance; and
(2) whether the Council is actively using and developing
the capabilities of the Federal Infrastructure and Common
Application Collaboration Center authorized under section 11501
of title 40, United States Code, as added by section 401.
(b) Reports.--Not later than 1 year, 3 years, and 5 years after the
date of the enactment of this Act, the Comptroller General shall submit
to the relevant congressional committees a report containing the
findings and recommendations of the Comptroller General from the
examination required by subsection (a).
TITLE II--DATA CENTER OPTIMIZATION
SEC. 201. PURPOSE.
The purpose of this title is to optimize Federal data center usage
and efficiency.
SEC. 202. DEFINITIONS.
In this title:
(1) Federal data center optimization initiative.--The term
``Federal Data Center Optimization Initiative'' or the
``Initiative'' means the initiative developed and implemented
by the Director, through the Federal Chief Information Officer,
as required under section 203.
(2) Covered agency.--The term ``covered agency'' means any
agency included in the Federal Data Center Optimization
Initiative.
(3) Data center.--The term ``data center'' means a closet,
room, floor, or building for the storage, management, and
dissemination of data and information, as defined by the
Federal Chief Information Officer under guidance issued
pursuant to this section.
(4) Federal data center.--The term ``Federal data center''
means any data center of a covered agency used or operated by a
covered agency, by a contractor of a covered agency, or by
another organization on behalf of a covered agency.
(5) Server utilization.--The term ``server utilization''
refers to the activity level of a server relative to its
maximum activity level, expressed as a percentage.
(6) Power usage effectiveness.--The term ``power usage
effectiveness'' means the ratio obtained by dividing the total
amount of electricity and other power consumed in running a
data center by the power consumed by the information and
communications technology in the data center.
SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.
(a) Requirement for Initiative.--The Federal Chief Information
Officer, in consultation with the chief information officers of covered
agencies, shall develop and implement an initiative, to be known as the
Federal Data Center Optimization Initiative, to optimize the usage and
efficiency of Federal data centers by meeting the requirements of this
Act and taking additional measures, as appropriate.
(b) Requirement for Plan.--Within 6 months after the date of the
enactment of this Act, the Federal Chief Information Officer, in
consultation with the chief information officers of covered agencies,
shall develop and submit to Congress a plan for implementation of the
Initiative required by subsection (a) by each covered agency. In
developing the plan, the Federal Chief Information Officer shall take
into account the findings and recommendations of the Comptroller
General review required by section 205(e).
(c) Matters Covered.--The plan shall include--
(1) descriptions of how covered agencies will use
reductions in floor space, energy use, infrastructure,
equipment, applications, personnel, increases in
multiorganizational use, server virtualization, cloud
computing, and other appropriate methods to meet the
requirements of the initiative; and
(2) appropriate consideration of shifting Federally owned
data center workload to commercially owned data centers.
SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER
CONSOLIDATION.
(a) Server Utilization.--Each covered agency may use the following
methods to achieve the maximum server utilization possible as
determined by the Federal Chief Information Officer:
(1) The closing of existing data centers that lack adequate
server utilization, as determined by the Federal Chief
Information Officer. If the agency fails to close such data
centers, the agency shall provide a detailed explanation as to
why this data center should remain in use as part of the
submitted plan. The Federal Chief Information Officer shall
include an assessment of the agency explanation in the annual
report to Congress.
(2) The consolidation of services within existing data
centers to increase server utilization rates.
(3) Any other method that the Federal Chief Information
Officer, in consultation with the chief information officers of
covered agencies, determines necessary to optimize server
utilization.
(b) Power Usage Effectiveness.--Each covered agency may use the
following methods to achieve the maximum energy efficiency possible as
determined by the Federal Chief Information Officer:
(1) The use of the measurement of power usage effectiveness
to calculate data center energy efficiency.
(2) The use of power meters in facilities dedicated to data
center operations to frequently measure power consumption over
time.
(3) The establishment of power usage effectiveness goals
for each data center.
(4) The adoption of best practices for managing--
(A) temperature and airflow in facilities dedicated
to data center operations; and
(B) power supply efficiency.
(5) The implementation of any other method that the Federal
Chief Information Officer, in consultation with the Chief
Information Officers of covered agencies, determines necessary
to optimize data center energy efficiency.
SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION.
(a) Requirement To Track Costs.--
(1) In general.--Each covered agency shall track costs
resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report
on those costs annually to the Federal Chief Information
Officer. Covered agencies shall determine the net costs from
data consolidation on an annual basis.
(2) Factors.--In calculating net costs each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy costs.
(B) Personnel costs.
(C) Real estate costs.
(D) Capital expense costs.
(E) Maintenance and support costs such as operating
subsystem, database, hardware, and software license
expense costs.
(F) Other appropriate costs, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(b) Requirement To Track Savings.--
(1) In general.--Each covered agency shall track realized
and projected savings resulting from implementation of the
Federal Data Center Optimization Initiative within the agency
and submit a report on those savings annually to the Federal
Chief Information Officer. Covered agencies shall determine the
net savings from data consolidation on an annual basis.
(2) Factors.--In calculating net savings each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy savings.
(B) Personnel savings.
(C) Real estate savings.
(D) Capital expense savings.
(E) Maintenance and support savings such as
operating subsystem, database, hardware, and software
license expense savings.
(F) Other appropriate savings, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(3) Public availability.--The Federal Chief Information
Officer shall make publicly available a summary of realized and
projected savings for each covered agency. The Federal Chief
Information Officer shall identify any covered agency that
failed to provide the annual report required under paragraph
(1).
(c) Requirement To Use Cost-Effective Measures.--Covered agencies
shall use the most cost-effective measures to implement the Federal
Data Center Optimization Initiative, such as using estimation to
measure or track costs and savings using a methodology approved by the
Federal Chief Information Officer.
(d) Government Accountability Office Review.--Not later than 6
months after the date of the enactment of this Act, the Comptroller
General of the United States shall examine methods for calculating
savings from the Initiative and using them for the purposes identified
in subsection (d), including establishment and use of a special
revolving fund that supports data centers and server optimization, and
shall submit to the Federal Chief Information Officer and Congress a
report on the Comptroller General's findings and recommendations.
SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF
INFORMATION OFFICER.
(a) Agency Requirement To Report to CIO.--
(1) In general.--Except as provided in paragraph (2), each
covered agency each year shall submit to the Federal Chief
Information Officer a report on the implementation of the
Federal Data Center Optimization Initiative, including savings
resulting from such implementation. The report shall include an
update of the agency's plan for implementing the Initiative.
(2) Department of defense.--The Secretary of Defense shall
comply with paragraph (1) each year by submitting to the
Federal Chief Information Officer a report with relevant
information collected under section 2867 of Public Law 112-81
(10 U.S.C. 2223a note) or a copy of the report required under
section 2867(d) of such law.
(b) Federal Chief Information Officer Requirement To Report to
Congress.--Each year, the Federal Chief Information Officer shall
submit to the relevant congressional committees a report that assesses
agency progress in carrying out the Federal Data Center Optimization
Initiative and updates the plan under section 203. The report may be
included as part of the annual report required under section 3606 of
title 44, United States Code.
TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION
SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY SOFTWARE ASSETS.
(a) Plan.--The Director shall develop a plan for conducting a
Governmentwide inventory of information technology software assets.
(b) Matters Covered.--The plan required by subsection (a) shall
cover the following:
(1) The manner in which Federal agencies can achieve the
greatest possible economies of scale and cost savings in the
procurement of information technology software assets, through
measures such as reducing the procurement of new software
licenses until such time as agency needs exceed the number of
existing and unused licenses.
(2) The capability to conduct ongoing Governmentwide
inventories of all existing software licenses on an
application-by-application basis, including duplicative,
unused, overused, and underused licenses, and to assess the
need of agencies for software licenses.
(3) A Governmentwide spending analysis to provide knowledge
about how much is being spent for software products or services
to support decisions for strategic sourcing under the Federal
strategic sourcing program managed by the Office of Federal
Procurement Policy.
(c) Availability.--The inventory of information technology software
assets shall be available to Chief Information Officers and such other
Federal officials as the Chief Information Officers may, in
consultation with the Chief Information Officers Council, designate.
(d) Deadline and Submission to Congress.--Not later than 180 days
after the date of the enactment of this Act, the Director shall
complete and submit to Congress the plan required by subsection (a).
(e) Implementation.--Not later than two years after the date of the
enactment of this Act, the Director shall complete implementation of
the plan required by subsection (a).
(f) Review by Comptroller General.--Not later than two years after
the date of the enactment of this Act, the Comptroller General of the
United States shall review the plan required by subsection (a) and
submit to the relevant congressional committees a report on the review.
SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY.
(a) Website Consolidation.--The Director shall--
(1) in consultation with Federal agencies, and after
reviewing the directory of public Federal Government websites
of each agency (as required to be established and updated under
section 207(f)(3) of the E-Government Act of 2002 (Public Law
107-347; 44 U.S.C. 3501 note)), assess all the publicly
available websites of Federal agencies to determine whether
there are duplicative or overlapping websites; and
(2) require Federal agencies to eliminate or consolidate
those websites that are duplicative or overlapping.
(b) Website Transparency.--The Director shall issue guidance to
Federal agencies to ensure that the data on publicly available websites
of the agencies are open and accessible to the public.
(c) Matters Covered.--In preparing the guidance required by
subsection (b), the Director shall--
(1) develop guidelines, standards, and best practices for
interoperability and transparency;
(2) identify interfaces that provide for shared, open
solutions on the publicly available websites of the agencies;
and
(3) ensure that Federal agency Internet home pages, web-
based forms, and web-based applications are accessible to
individuals with disabilities in conformance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
(d) Deadline for Guidance.--The guidance required by subsection (b)
shall be issued not later than 180 days after the date of the enactment
of this Act.
SEC. 303. TRANSITION TO THE CLOUD.
(a) Sense of Congress.--It is the sense of Congress that transition
to cloud computing offers significant potential benefits for the
implementation of Federal information technology projects in terms of
flexibility, cost, and operational benefits.
(b) Governmentwide Application.--In assessing cloud computing
opportunities, the Chief Information Officers Council shall define
policies and guidelines for the adoption of Governmentwide programs
providing for a standardized approach to security assessment and
operational authorization for cloud products and services.
(c) Additional Budget Authorities for Transition.--In transitioning
to the cloud, a Chief Information Officer of an agency listed in
section 901(b) of title 31, United States Code, may establish such
cloud service Working Capital Funds, in consultation with the Chief
Financial Officer of the agency, as may be necessary to transition to
cloud-based solutions. Any establishment of a new Working Capital Fund
under this subsection shall be reported to the Committees on
Appropriations of the House of Representatives and the Senate and
relevant Congressional committees.
SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS BY
REQUIRING BUSINESS CASE ANALYSIS.
(a) Purpose.--The purpose of this section is to leverage the
Government's buying power and achieve administrative efficiencies and
cost savings by eliminating unnecessary duplication of contracts.
(b) Requirement for Business Case Approval.--
(1) In general.--Chapter 33 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3312. Requirement for business case approval for new
Governmentwide contracts
``(a) In General.--An executive agency may not issue a solicitation
for a covered Governmentwide contract unless the agency performs a
business case analysis for the contract and obtains an approval of the
business case analysis from the Administrator for Federal Procurement
Policy.
``(b) Review of Business Case Analysis.--
``(1) In general.--With respect to any covered
Governmentwide contract, the Administrator for Federal
Procurement Policy shall review the business case analysis
submitted for the contract and provide an approval or
disapproval within 60 days after the date of submission. Any
business case analysis not disapproved within such 60-day
period is deemed to be approved.
``(2) Basis for approval of business case.--The
Administrator for Federal Procurement Policy shall approve or
disapprove a business case analysis based on the adequacy of
the analysis submitted. The Administrator shall give primary
consideration to whether an agency has demonstrated a
compelling need that cannot be satisfied by existing
Governmentwide contract in a timely and cost-effective manner.
``(c) Content of Business Case Analysis.--The Administrator for
Federal Procurement Policy shall issue guidance specifying the content
for a business case analysis submitted pursuant to this section. At a
minimum, the business case analysis shall include details on the
administrative resources needed for such contract, including an
analysis of all direct and indirect costs to the Federal Government of
awarding and administering such contract and the impact such contract
will have on the ability of the Federal Government to leverage its
purchasing power.
``(b) Definitions.--In this section:
``(1) Covered governmentwide contract.--The term `covered
Governmentwide contract' means any contract, blanket purchase
agreement, or other contractual instrument for acquisition of
information technology or other goods or services that allows
for an indefinite number of orders to be placed under the
contract, agreement, or instrument, and that is established by
one executive agency for use by multiple executive agencies to
obtain goods or services. The term does not include--
``(A) a multiple award schedule contract awarded by
the General Services Administration;
``(B) a Governmentwide acquisition contract for
information technology awarded pursuant to sections
11302(e) and 11314(a)(2) of title 40;
``(C) orders under Governmentwide contracts in
existence before the effective date of this section; or
``(D) any contract in an amount less than
$10,000,000, determined on an average annual basis.
``(2) Executive agency.--The term `executive agency' has
the meaning provided that term by section 105 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
33 of title 41, United States Code, is amended by adding after
the item relating to section 3311 the following new item:
``3312. Requirement for business case approval for new Governmentwide
contracts.''.
(c) Report.--Not later than June 1 in each of the next 6 years
following the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall submit to the relevant congressional
committees a report on the implementation of section 3312 of title 41,
United States Code, as added by subsection (b), including a summary of
the submissions, reviews, approvals, and disapprovals of business case
analyses pursuant to such section.
(d) Guidance.--The Administrator for Federal Procurement Policy
shall issue guidance for implementing section 3312 of such title.
(e) Revision of FAR.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
amended to implement section 3312 of such title.
(g) Effective Date.--Section 3312 of such title is effective on and
after 180 days after the date of the enactment of this Act.
TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY
ACQUISITION MANAGEMENT PRACTICES
Subtitle A--Strengthening and Streamlining IT Program Management
Practices
SEC. 401. PILOT PROGRAM ON INTERAGENCY COLLABORATION.
(a) Pilot Program.--
(1) In general.--Chapter 115 of title 40, United States
Code, is amended to read as follows:
``CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION MANAGEMENT PRACTICES
``Sec.
``11501. Pilot program on interagency collaboration.
``Sec. 11501. Pilot program on interagency collaboration
``(a) Requirement to Conduct Pilot Program.--The Director of the
Office of Management and Budget shall conduct a three-year pilot
program in accordance with the requirements of this section to test
alternative approaches for the management of commonly used information
technology by executive agencies.
``(b) Establishment and Purposes.--For purposes of the pilot
program, the Director of the Office of Management and Budget shall
establish a Federal Infrastructure and Common Application Collaboration
Center (hereafter in this section referred to as the `Collaboration
Center') within the Office of Electronic Government established under
section 3602 of title 44. The purpose of the Collaboration Center is to
serve as a resource for Federal agencies, available on an optional-use
basis, to assist and promote coordinated program management practices
and to develop and maintain requirements for the acquisition of IT
infrastructure and common applications commonly used by various Federal
agencies.
``(c) Organization of Center.--
``(1) Membership.--The Center shall consist of the
following members:
``(A) An appropriate number, as determined by the
CIO Council, but not less than 12, full-time program
managers or cost specialists, all of whom have
appropriate experience in the private or Government
sector in managing or overseeing acquisitions of IT
infrastructure and common applications.
``(B) At least 1 full-time detailee from each of
the Federal agencies listed in section 901(b) of title
31, nominated by the respective agency chief
information officer for a detail period of not less
than 1 year.
``(2) Working groups.--The Collaboration Center shall have
working groups that specialize in IT infrastructure and common
applications identified by the CIO Council. Each working group
shall be headed by a separate dedicated program manager
appointed by the Federal Chief Information Officer.
``(d) Capabilities and Functions of the Collaboration Center.--For
each of the IT infrastructure and common application areas identified
by the CIO Council, the Collaboration Center shall perform the
following roles, and any other functions as directed by the Federal
Chief Information Officer:
``(1) Develop, maintain, and disseminate requirements
suitable to establish contracts that will meet the common and
general needs of various Federal agencies as determined by the
Center. In doing so, the Center shall give maximum
consideration to the adoption of commercial standards and
industry acquisition best practices, including opportunities
for shared services, consideration of total cost of ownership,
preference for industry-neutral functional specifications
leveraging open industry standards and competition, and use of
long-term contracts, as appropriate.
``(2) Develop, maintain, and disseminate reliable cost
estimates.
``(3) Lead the review of significant or troubled IT
investments or acquisitions as identified by the CIO Council.
``(4) Provide expert aid to troubled IT investments or
acquisitions.
``(e) Guidance.--The Director, in consultation with the Chief
Information Officers Council, shall issue guidance addressing the scope
and operation of the Collaboration Center. The guidance shall require
that the collaboration Center report to the Federal Chief Information
Officer.
``(f) Report to Congress.--
``(1) In general.--The Director shall annually submit to
the relevant congressional committees a report detailing the
organization, staff, and activities of the Collaboration
Center, including--
``(A) a list of IT infrastructure and common
applications the Center assisted;
``(B) an assessment of the Center's achievement in
promoting efficiency, shared services, and elimination
of unnecessary Government requirements that are
contrary to commercial best practices; and
``(C) the use and expenditure of amounts in the
Fund established under subsection (i).
``(2) Inclusion in other report.--The report may be
included as part of the annual E-Government status report
required under section 3606 of title 44.
``(g) Guidelines for Acquisition of IT Infrastructure and Common
Applications.--
``(1) Guidelines.--The Collaboration Center shall establish
guidelines that, to the maximum extent possible, eliminate
inconsistent practices among executive agencies and ensure
uniformity and consistency in acquisition processes for IT
infrastructure and common applications across the Federal
Government.
``(2) Central website.--In preparing the guidelines, the
Collaboration Center, in consultation with the Chief
Acquisition Officers Council, shall offer executive agencies
the option of accessing a central website for best practices,
templates, and other relevant information.
``(h) Pricing Transparency.--The Collaboration Center, in
collaboration with the Office of Federal Procurement Policy, the Chief
Acquisition Officers Council, the General Services Administration, and
the Assisted Acquisition Centers of Excellence, shall compile a price
list and catalogue containing current pricing information by vendor for
each of its IT infrastructure and common applications categories. The
price catalogue shall contain any price provided by a vendor in a
contract awarded for the same or similar good or service to any
executive agency. The catalogue shall be developed in a fashion
ensuring that it may be used for pricing comparisons and pricing
analysis using standard data formats. The price catalogue shall not be
made public, but shall be accessible to executive agencies.
``(i) Authorization to Use Fund.--In any fiscal year,
notwithstanding section 321(c) of title 40, up to five percent of the
fees collected during the prior fiscal year under the multiple award
schedule contracts entered into by the Administrator of General
Services and credited to the Acquisition Services Fund under section
321 of title 40, may be used to fund the activities of the
Collaboration Center. Each fiscal year, the Director, in consultation
with the Federal Chief Information Officer, shall determine an
appropriate amount needed to operate the Collaboration Center and the
Administrator of General Services shall transfer amounts only to the
extent and in such amounts as are provided in advance in appropriation
acts from the Fund to the Director for the Center.
``(j) Definitions.--In this section:
``(1) Executive agency.--The term `executive agency' has
the meaning provided that term by section 105 of title 5.
``(2) Federal chief information officer.--The term `Federal
Chief Information Officer' means the Administrator of the
Office of Electronic Government established under section 3602
of title 44.
``(3) Relevant congressional committees.--The term
`relevant congressional committees' means each of the
following:
``(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.''.
(2) Clerical amendment.--The item relating to chapter 115
in the table of chapters at the beginning of subtitle III of
title 40, United States Code, is amended to read as follows:
``115. Information Technology Acquisition Management 11501''.
Practices.
(b) Deadlines.--
(1) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Director shall issue guidance
under section 11501(e) of title 40, United States Code, as
added by subsection (a).
(2) Center.--Not later than 1 year after the date of the
enactment of this Act, the Director shall establish the Federal
Infrastructure and Common Application Collaboration Center, in
accordance with section 11501(b) of such title, as so added.
(3) Guidelines.--Not later than 2 years after the date of
the enactment of this Act, the Federal Infrastructure and
Common Application Collaboration Center shall establish
guidelines in accordance with section 11501(g) of such title,
as so added.
(c) Conforming Amendment.--Section 3602(c) of title 44, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) all of the functions of the Federal Infrastructure
and Common Application Collaboration Center, as required under
section 11501 of title 40; and''.
SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CENTERS OF EXCELLENCE.
(a) Designation.--Chapter 115 of title 40, United States Code, as
amended by section 401, is further amended by adding at the end the
following new section:
``SEC. 11502. ASSISTED ACQUISITION CENTERS OF EXCELLENCE.
``(a) Purpose.--The purpose of this section is to develop
specialized assisted acquisition centers of excellence within the
Federal Government to serve as a resource for Federal agencies,
available on an optional-use basis, to assist and promote--
``(1) the effective use of best acquisition practices;
``(2) the development of specialized expertise in the
acquisition of information technology; and
``(3) Governmentwide sharing of acquisition capability to
augment any shortage in the information technology acquisition
workforce.
``(b) Designation of AACEs.--Not later than 1 year after the date
of the enactment of this section, and every 3 years thereafter, the
Director of the Office of Management and Budget, in consultation with
the Chief Acquisition Officers Council and the Chief Information
Officers Council, shall designate, redesignate, or withdraw the
designation of acquisition centers of excellence within various
executive agencies to carry out the functions set forth in subsection
(d) in an area of specialized acquisition expertise as determined by
the Director. Each such center of excellence shall be known as an
`Assisted Acquisition Center of Excellence' or an `AACE'.
``(c) Use of Existing Authority.--This section provides no new
authority to establish a franchise fund or revolving fund.
``(d) Functions.--The functions of each AACE are as follows:
``(1) Best practices.--To promote, develop, and implement
the use of best acquisition practices in the area of
specialized acquisition expertise that the AACE is designated
to carry out by the Director under subsection (b).
``(2) Assisted acquisitions.--To assist all Government
agencies in the expedient, strategic, and cost-effective
acquisition of the information technology goods or services
covered by such area of specialized acquisition expertise by
engaging in repeated and frequent acquisition of similar
information technology requirements.
``(3) Development and training of IT acquisition
workforce.--To assist in recruiting and training IT acquisition
cadres (referred to in section 1704(j) of title 41).
``(e) Criteria.--In designating, redesignating, or withdrawing the
designation of an AACE, the Director shall consider, at a minimum, the
following matters:
``(1) The subject matter expertise of the host agency in a
specific area of information technology acquisition.
``(2) For acquisitions of IT infrastructure and common
applications covered by the Federal Infrastructure and Common
Application Collaboration Center authorized under section 11501
of this title, the ability and willingness to collaborate with
the Collaboration Center and adhere to the requirements
standards established by the Collaboration Center.
``(3) The ability of an AACE to develop customized
requirements documents that meet the needs of executive
agencies as well as the current industry standards and
commercial best practices.
``(4) The ability of an AACE to consistently award and
manage various contracts, task or delivery orders, and other
acquisition arrangements in a timely, cost-effective, and
compliant manner.
``(5) The ability of an AACE to aggregate demands from
multiple executive agencies for similar information technology
goods or services and fulfill those demands in one acquisition.
``(6) The ability of an AACE to acquire innovative or
emerging commercial and noncommercial technologies using
various contracting methods, including ways to lower the entry
barriers for small businesses with limited Government
contracting experiences.
``(7) The ability of an AACE to maximize commercial item
acquisition, effectively manage high-risk contract types,
increase competition, promote small business participation, and
maximize use of available Governmentwide contracts.
``(8) The existence of an in-house cost estimating group
with expertise to consistently develop reliable cost estimates
that are accurate, comprehensive, well-documented, and
credible.
``(9) The ability of an AACE to employ best practices and
educate requesting agencies, to the maximum extent practicable,
regarding critical factors underlying successful major IT
acquisitions, including the following factors:
``(A) Active engagement by program officials with
stakeholders.
``(B) Possession by program staff of the necessary
knowledge and skills.
``(C) Support of the programs by senior department
and agency executives.
``(D) Involvement by end users and stakeholders in
the development of requirements.
``(E) Participation by end users in testing of
system functionality prior to formal end user
acceptance testing.
``(F) Stability and consistency of Government and
contractor staff.
``(G) Prioritization of requirements by program
staff.
``(H) Maintenance of regular communication with the
prime contractor by program officials.
``(I) Receipt of sufficient funding by programs.
``(10) The ability of an AACE to run an effective
acquisition intern program in collaboration with the Federal
Acquisition Institute or the Defense Acquisition University.
``(11) The ability of an AACE to effectively and properly
manage fees received for assisted acquisitions pursuant to this
section.
``(f) Funds Received by AACEs.--
``(1) Availability.--Notwithstanding any other provision of
law or regulation, funds obligated and transferred from an
executive agency in a fiscal year to an AACE for the
acquisition of goods or services covered by an area of
specialized acquisition expertise of an AACE, regardless of
whether the requirements are severable or non-severable, shall
remain available for awards of contracts by the AACE for the
same general requirements for the next 5 fiscal years following
the fiscal year in which the funds were transferred.
``(2) Transition to new AACE.--If the AACE to which the
funds are provided under paragraph (1) becomes unable to
fulfill the requirements of the executive agency from which the
funds were provided, the funds may be provided to a different
AACE to fulfill such requirements. The funds so provided shall
be used for the same purpose and remain available for the same
period of time as applied when provided to the original AACE.
``(3) Relationship to existing authorities.--This
subsection does not limit any existing authorities an AACE may
have under its revolving or working capital funds authorities.
``(g) Government Accountability Office Review of AACE.--
``(1) Review.--The Comptroller General of the United States
shall review and assess--
``(A) the use and management of fees received by
the AACEs pursuant to this section to ensure that an
appropriate fee structure is established and enforced
to cover activities addressed in this section and that
no excess fees are charged or retained; and
``(B) the effectiveness of the AACEs in achieving
the purpose described in subsection (a), including
review of contracts.
``(2) Reports.--Not later than 1 year after the designation
or redesignation of AACES under subsection (b), the Comptroller
General shall submit to the relevant congressional committees a
report containing the findings and assessment under paragraph
(1).
``(h) Definitions.--In this section:
``(1) Assisted acquisition.--The term `assisted
acquisition' means a type of interagency acquisition in which
the parties enter into an interagency agreement pursuant to
which--
``(A) the servicing agency performs acquisition
activities on the requesting agency's behalf, such as
awarding, administering, or closing out a contract,
task order, delivery order, or blanket purchase
agreement; and
``(B) funding is provided through a franchise fund,
the Acquisition Services Fund in section 321 of this
title, sections 1535 and 1536 of title 31, or other
available methods.
``(2) Executive agency.--The term `executive agency' has
the meaning provided that term by section 133 of title 41.
``(3) Relevant congressional committees.--The term
`relevant congressional committees' has the meaning provided
that term by section 11501 of this title.
``(i) Revision of FAR.--The Federal Acquisition Regulation shall be
amended to implement this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 115 of title 40, United States Code, as amended by section 401,
is further amended by adding at the end the following new item:
``11502. Assisted Acquisition Centers of Excellence.''.
Subtitle B--Strengthening IT Acquisition Workforce
SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMATION TECHNOLOGY
ACQUISITION CADRES.
(a) Purpose.--The purpose of this section is to ensure timely
progress by Federal agencies toward developing, strengthening, and
deploying personnel with highly specialized skills in information
technology acquisition, including program and project managers, to be
known as information technology acquisition cadres.
(b) Report to Congress.--Section 1704 of title 41, United States
Code, is amended by adding at the end the following new subsection:
``(j) Strategic Plan on Information Technology Acquisition
Cadres.--
``(1) Five-year strategic plan to congress.--Not later than
June 1 following the date of the enactment of this subsection,
the Director shall submit to the relevant congressional
committees a 5-year strategic plan (to be known as the `IT
Acquisition Cadres Strategic Plan') to develop, strengthen, and
solidify information technology acquisition cadres. The plan
shall include a timeline for implementation of the plan and
identification of individuals responsible for specific elements
of the plan during the 5-year period covered by the plan.
``(2) Matters covered.--The plan shall address, at a
minimum, the following matters:
``(A) Current information technology acquisition
staffing challenges in Federal agencies, by previous
year's information technology acquisition value, and by
the Federal Government as a whole.
``(B) The variety and complexity of information
technology acquisitions conducted by each Federal
agency covered by the plan, and the specialized
information technology acquisition workforce needed to
effectively carry out such acquisitions.
``(C) The development of a sustainable funding
model to support efforts to hire, retain, and train an
information technology acquisition cadre of appropriate
size and skill to effectively carry out the acquisition
programs of the Federal agencies covered by the plan,
including an examination of interagency funding methods
and a discussion of how the model of the Defense
Acquisition Workforce Development Fund could be applied
to civilian agencies.
``(D) Any strategic human capital planning
necessary to hire, retain, and train an information
acquisition cadre of appropriate size and skill at each
Federal agency covered by the plan.
``(E) Governmentwide training standards and
certification requirements necessary to enhance the
mobility and career opportunities of the Federal
information technology acquisition cadre within the
Federal agencies covered by the plan.
``(F) New and innovative approaches to workforce
development and training, including cross-functional
training, rotational development, and assignments both
within and outside the Government.
``(G) Appropriate consideration and alignment with
the needs and priorities of the Infrastructure and
Common Application Collaboration Center, Assisted
Acquisition Centers of Excellence, and acquisition
intern programs.
``(H) Assessment of the current workforce
competency and usage trends in evaluation technique to
obtain best value, including proper handling of
tradeoffs between price and nonprice factors.
``(I) Assessment of the current workforce
competency in designing and aligning performance goals,
life cycle costs, and contract incentives.
``(J) Assessment of the current workforce
competency in avoiding brand-name preference and using
industry-neutral functional specifications to leverage
open industry standards and competition.
``(K) Use of integrated program teams, including
fully dedicated program managers, for each complex
information technology investment.
``(L) Proper assignment of recognition or
accountability to the members of an integrated program
team for both individual functional goals and overall
program success or failure.
``(M) The development of a technology fellows
program that includes provisions for recruiting, for
rotation of assignments, and for partnering directly
with universities with well-recognized information
technology programs.
``(N) The capability to properly manage other
transaction authority (where such authority is
granted), including ensuring that the use of the
authority is warranted due to unique technical
challenges, rapid adoption of innovative or emerging
commercial or noncommercial technologies, or other
circumstances that cannot readily be satisfied using a
contract, grant, or cooperative agreement in accordance
with applicable law and the Federal Acquisition
Regulation.
``(O) The use of student internship and scholarship
programs as a talent pool for permanent hires and the
use and impact of special hiring authorities and
flexibilities to recruit diverse candidates.
``(P) The assessment of hiring manager satisfaction
with the hiring process and hiring outcomes, including
satisfaction with the quality of applicants interviewed
and hires made.
``(Q) The assessment of applicant satisfaction with
the hiring process, including the clarity of the hiring
announcement, the user-friendliness of the application
process, communication from the hiring manager or
agency regarding application status, and timeliness of
the hiring decision.
``(R) The assessment of new hire satisfaction with
the onboarding process, including the orientation
process, and investment in training and development for
employees during their first year of employment.
``(S) Any other matters the Director considers
appropriate.
``(3) Annual report.--Not later than June 1 in each of the
5 years following the year of submission of the plan required
by paragraph (1), the Director shall submit to the relevant
congressional committees an annual report outlining the
progress made pursuant to the plan.
``(4) Government accountability office review of the plan
and annual report.--
``(A) Not later than 1 year after the submission of
the plan required by paragraph (1), the Comptroller
General of the United States shall review the plan and
submit to the relevant congressional committees a
report on the review.
``(B) Not later than 6 months after the submission
of the first, third, and fifth annual report required
under paragraph (3), the Comptroller General shall
independently assess the findings of the annual report
and brief the relevant congressional committees on the
Comptroller General's findings and recommendations to
ensure the objectives of the plan are accomplished.
``(5) Definitions.--In this subsection:
``(A) The term `Federal agency' means each agency
listed in section 901(b) of title 31.
``(B) The term `relevant congressional committees'
means each of the following:
``(i) The Committee on Oversight and
Government Reform and the Committee on Armed
Services of the House of Representatives.
``(ii) The Committee on Homeland Security
and Governmental Affairs and the Committee on
Armed Services of the Senate.''.
SEC. 412. PLAN ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT
PERFORMANCE.
(a) Plan on Strengthening Program and Project Management
Performance.--Not later than June 1 following the date of the enactment
of this Act, the Director, in consultation with the Director of the
Office of Personnel Management, shall submit to the relevant
congressional committees a plan for improving management of IT programs
and projects.
(b) Matters Covered.--The plan required by subsection (a) shall
include, at a minimum, the following:
(1) Creation of a specialized career path for program
management.
(2) The development of a competency model for program
management consistent with the IT project manager model.
(3) A career advancement model that requires appropriate
expertise and experience for advancement.
(4) A career advancement model that is more competitive
with the private sector and that recognizes both Government and
private sector experience.
(5) Appropriate consideration and alignment with the needs
and priorities of the Infrastructure and Common Application
Collaboration Center, the Assisted Acquisition Centers of
Excellence, and acquisition intern programs.
(c) Combination With Other Cadres Plan.--The Director may combine
the plan required by subsection (a) with the IT Acquisition Cadres
Strategic Plan required under section 1704(j) of title 41, United
States Code, as added by section 411.
SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION OF
INFORMATION SYSTEMS AND INFORMATION TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall develop policy and guidance for agencies to develop a
program to recognize excellent performance by Federal Government
employees and teams of such employees in the acquisition of information
systems and information technology for the agency.
(b) Elements.--The program referred to in subsection (a) shall, to
the extent practicable--
(1) obtain objective outcome measures; and
(2) include procedures for--
(A) the nomination of Federal Government employees
and teams of such employees for eligibility for
recognition under the program; and
(B) the evaluation of nominations for recognition
under the program by 1 or more agency panels of
individuals from Government, academia, and the private
sector who have such expertise, and are appointed in
such a manner, as the Director of the Office of
Personal Management shall establish for purposes of the
program.
(c) Award of Cash Bonuses and Other Incentives.--In carrying out
the program referred to in subsection (a), the Director of the Office
of Personnel Management, in consultation with the Director of the
Office of Management and Budget, shall establish policies and guidance
for agencies to reward any Federal Government employee or teams of such
employees recognized pursuant to the program--
(1) with a cash bonus, to the extent that the performance
of such individual or team warrants the award of such bonus and
is authorized by any provision of law;
(2) through promotions and other nonmonetary awards;
(3) by publicizing--
(A) acquisition accomplishments by individual
employees; and
(B) the tangible end benefits that resulted from
such accomplishments, as appropriate; and
(4) through other awards, incentives, or bonuses that the
head of the agency considers appropriate.
TITLE V--ADDITIONAL REFORMS
SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC SOURCING
INITIATIVE.
Not later than 180 days after the date of the enactment of this
Act, the Administrator for Federal Procurement Policy shall prescribe
regulations providing that when the Federal Government makes a purchase
of services and supplies offered under the Federal Strategic Sourcing
Initiative (managed by the Office of Federal Procurement Policy) but
such Initiative is not used, the contract file for the purchase shall
include a brief analysis of the comparative value, including price and
nonprice factors, between the services and supplies offered under such
Initiative and services and supplies offered under the source or
sources used for the purchase.
SEC. 502. GOVERNMENTWIDE SOFTWARE PURCHASING PROGRAM.
(a) In General.--The Administrator of General Services, in
collaboration with the Department of Defense, shall identify and
develop a strategic sourcing initiative to enhance Governmentwide
acquisition, shared use, and dissemination of software, as well as
compliance with end user license agreements.
(b) Examination of Methods.--In developing the initiative under
subsection (a), the Administrator shall examine the use of realistic
and effective demand aggregation models supported by actual agency
commitment to use the models, and supplier relationship management
practices, to more effectively govern the Government's acquisition of
information technology.
(c) Governmentwide User License Agreement.--The Administrator, in
developing the initiative under subsection (a), shall allow for the
purchase of a license agreement that is available for use by all
executive agencies as one user to the maximum extent practicable and as
appropriate.
SEC. 503. PROMOTING TRANSPARENCY OF BLANKET PURCHASE AGREEMENTS.
(a) Price Information To Be Treated as Public Information.--The
final negotiated price offered by an awardee of a blanket purchase
agreement shall be treated as public information.
(b) Publication of Blanket Purchase Agreement Information.--Not
later than 180 days after the date of the enactment of this Act, the
Administrator of General Services shall make available to the public a
list of all blanket purchase agreements entered into by Federal
agencies under its Federal Supply Schedules contracts and the prices
associated with those blanket purchase agreements. The list and price
information shall be updated at least once every 6 months.
SEC. 504. ADDITIONAL SOURCE SELECTION TECHNIQUE IN SOLICITATIONS.
Section 3306(d) of title 41, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period and inserting ``; or'' at the
end of paragraph (2); and
(3) by adding at the end the following new paragraph:
``(3) stating in the solicitation that the award will be
made using a fixed price technical competition, under which all
offerors compete solely on nonprice factors and the fixed award
price is pre-announced in the solicitation.''.
SEC. 505. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY INVESTMENTS.
(a) Public Availability of Information About IT Investments.--
Section 11302(c) of title 40, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Public availability.--
``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for all of the IT investments listed
in subparagraph (B), notwithstanding whether the
investments are for new IT acquisitions or for
operations and maintenance of existing IT.
``(B) Investments listed.--The investments listed
in this subparagraph are the following:
``(i) At least 80 percent (by dollar value)
of all information technology investments
Governmentwide.
``(ii) At least 60 percent (by dollar
value) of all information technology
investments in each Federal agency listed in
section 901(b) of title 31.
``(iii) Every major information technology
investment (as defined by the Office of
Management and Budget) in each Federal agency
listed in section 901(b) of title 31.
``(C) Quarterly review and certification.--For each
investment listed in subparagraph (B), the agency Chief
Information Officer and the program manager of the
investment within the agency shall certify, at least
once every quarter, that the information is current,
accurate, and reflects the risks associated with each
listed investment. The Director shall conduct quarterly
reviews and publicly identify agencies with an
incomplete certification or with significant data
quality issues.
``(D) Continuous availability.--The information
required under subparagraph (A), in its most updated
form, shall be publicly available at all times.
``(E) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived or the
extent of the information may be limited--
``(i) by the Director, with respect to IT
investments Governmentwide; and
``(ii) by the Chief Information Officer of
a Federal agency, with respect to IT
investments in that agency;
if the Director or the Chief Information Officer, as
the case may be, determines that such a waiver or
limitation is in the national security interests of the
United States.''.
(b) Additional Report Requirements.--Paragraph (3) of section
11302(c) of such title, as redesignated by subsection (a), is amended
by adding at the end the following: ``The report shall include an
analysis of agency trends reflected in the performance risk information
required in paragraph (2).''.
SEC. 506. ENHANCED COMMUNICATION BETWEEN GOVERNMENT AND INDUSTRY.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulatory Council shall prescribe a
regulation making clear that agency acquisition personnel are permitted
and encouraged to engage in responsible and constructive exchanges with
industry, so long as those exchanges are consistent with existing law
and regulation and do not promote an unfair competitive advantage to
particular firms.
SEC. 507. CLARIFICATION OF CURRENT LAW WITH RESPECT TO TECHNOLOGY
NEUTRALITY IN ACQUISITION OF SOFTWARE.
(a) Purpose.--The purpose of this section is to establish guidance
and processes to clarify that software acquisitions by the Federal
Government are to be made using merit-based requirements development
and evaluation processes that promote procurement choices--
(1) based on performance and value, including the long-term
value proposition to the Federal Government;
(2) free of preconceived preferences based on how
technology is developed, licensed, or distributed; and
(3) generally including the consideration of proprietary,
open source, and mixed source software technologies.
(b) Technology Neutrality.--Nothing in this section shall be
construed to modify the Federal Government's long-standing policy of
following technology-neutral principles and practices when selecting
and acquiring information technology that best fits the needs of the
Federal Government.
(c) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Director, in consultation with the Chief
Information Officers Council, shall issue guidance concerning the
technology-neutral procurement and use of software within the Federal
Government.
(d) Matters Covered.--In issuing guidance under subsection (c), the
Director shall include, at a minimum, the following:
(1) Guidance to clarify that the preference for commercial
items in section 3307 of title 41, United States Code, includes
proprietary, open source, and mixed source software that meets
the definition of the term ``commercial item'' in section 103
of title 41, United States Code, including all such software
that is used for non-Government purposes and is licensed to the
public.
(2) Guidance regarding the conduct of market research to
ensure the inclusion of proprietary, open source, and mixed
source software options.
(3) Guidance to define Governmentwide standards for
security, redistribution, indemnity, and copyright in the
acquisition, use, release, and collaborative development of
proprietary, open source, and mixed source software.
(4) Guidance for the adoption of available commercial
practices to acquire proprietary, open source, and mixed source
software for widespread Government use, including issues such
as security and redistribution rights.
(5) Guidance to establish standard service level agreements
for maintenance and support for proprietary, open source, and
mixed source software products widely adopted by the
Government, as well as the development of Governmentwide
agreements that contain standard and widely applicable contract
provisions for ongoing maintenance and development of software.
(6) Guidance on the role and use of the Federal
Infrastructure and Common Application Collaboration Center,
authorized under section 11501 of title 40, United States Code
(as added by section 401), for acquisition of proprietary, open
source, and mixed source software.
(e) Report to Congress.--Not later than 2 years after the issuance
of the guidance required by subsection (b), the Comptroller General of
the United States shall submit to the relevant congressional committees
a report containing--
(1) an assessment of the effectiveness of the guidance;
(2) an identification of barriers to widespread use by the
Federal Government of specific software technologies; and
(3) such legislative recommendations as the Comptroller
General considers appropriate to further the purposes of this
section.
SEC. 508. NO ADDITIONAL FUNDS AUTHORIZED.
Except as provided in section 11501(i) of title 40, United States
Code, as added by section 401, no additional funds are authorized to
carry out the requirements of this Act and the amendments made by this
Act. Such requirements shall be carried out using amounts otherwise
authorized or appropriated.
Passed the House of Representatives February 25, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 1232
_______________________________________________________________________
AN ACT
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.