II 

113TH CONGRESS 

1ST SESSION S. 1843 

To eliminate duplication and waste in Federal information technology 

acquisition and management. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2013 

Mr. UDALL of New Mexico (for himself, Mr. MORAN, and Mr. JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To eliminate duplication and waste in Federal information 

technology acquisition and management. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Information 

5 Technology Savings, Accountability, and Transparency 

6 Act of 2013’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 1843 IS

1 SEC. 2. INCREASED AUTHORITY OF AGENCY CHIEF INFOR2 MATION OFFICERS OVER INFORMATION 

3 TECHNOLOGY. 

4 (a) PRESIDENTIAL APPOINTMENT OF CIOS OF CER5 TAIN AGENCIES.— 

6 (1) IN GENERAL.—Section 11315 of title 40, 

7 United States Code, is amended— 

8 (A) by redesignating subsection (a) as sub9 section (e) and moving such subsection to the 

10 end of the section; and 

11 (B) by inserting before subsection (b) the 

12 following: 

13 ‘‘(a) PRESIDENTIAL APPOINTMENT OR DESIGNATION

14 OF CERTAIN CHIEF INFORMATION OFFICERS.— 

15 ‘‘(1) IN GENERAL.—There shall be within each 

16 agency listed in section 901(b)(1) of title 31, other 

17 than the Department of Defense, an agency Chief 

18 Information Officer. 

19 ‘‘(2) APPOINTMENT OR DESIGNATION.—Each 

20 agency Chief Information Officer shall— 

21 ‘‘(A) be— 

22 ‘‘(i) appointed by the President; or 

23 ‘‘(ii) designated by the President, in 

24 consultation with the head of the agency; 

25 and 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 1843 IS

1 ‘‘(B) be appointed or designated, as appli2 cable, from among individuals who possess dem3 onstrated ability in general management of, and 

4 knowledge of and extensive practical experience 

5 in, information technology management prac6 tices in large governmental or business entities. 

7 ‘‘(3) RESPONSIBILITIES.—An agency Chief In8 formation Officer appointed or designated under this 

9 section shall report directly to the head of the agen10 cy and carry out, on a full-time basis— 

11 ‘‘(A) the responsibilities under this section; 

12 and 

13 ‘‘(B) the responsibilities under section 

14 3506(a) of title 44 for Chief Information Offi15 cers designated under paragraph (2) of such 

16 section.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 3506(a)(2)(A) of title 44, United States Code, is 

19 amended by inserting after ‘‘each agency’’ the fol20 lowing: ‘‘, other than an agency with a Presidentially 

21 appointed or designated Chief Information Officer, 

22 as provided in section 11315(a)(1) of title 40,’’. 

23 (b) AUTHORITY RELATING TO BUDGET AND PER24 SONNEL.—Section 11315 of title 40, United States Code, 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 1843 IS

1 is further amended by inserting after subsection (c) the 

2 following: 

3 ‘‘(d) ADDITIONAL AUTHORITIES FOR CERTAIN

4 CIOS.— 

5 ‘‘(1) BUDGET-RELATED AUTHORITY.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph— 

7 ‘‘(i) the term ‘commercial item’ has 

8 the meaning given that term in section 103 

9 of title 41, United States Code; and 

10 ‘‘(ii) the term ‘commercially available 

11 off-the-shelf item’ has the meaning given 

12 that term in section 104 of title 41, United 

13 States Code. 

14 ‘‘(B) PLANNING.—The head of each agen15 cy listed in section 901(b)(1) or 901(b)(2) of 

16 title 31, other than the Department of Defense, 

17 shall ensure that the Chief Information Officer 

18 of the agency has the authority to participate in 

19 decisions regarding the budget planning process 

20 related to— 

21 ‘‘(i) information technology or pro22 grams that include significant information 

23 technology components; or 


tjames on DSK6SPTVN1PROD with BILLS
5 

•S 1843 IS

1 ‘‘(ii) the acquisition of an information 

2 technology product or service that is a 

3 commercial item. 

4 ‘‘(C) ALLOCATION.—Amounts appro5 priated for an agency listed in section 901(b)(1) 

6 or 901(b)(2) of title 31, other than the Depart7 ment of Defense, for any fiscal year that are 

8 available for information technology shall be al9 located within the agency, consistent with the 

10 provisions of appropriations Acts and budget 

11 guidelines and recommendations from the Di12 rector of the Office of Management and Budg13 et, in such manner as may be specified by, or 

14 approved by, the Chief Information Officer of 

15 the agency in consultation with the Chief Fi16 nancial Officer of the agency and budget offi17 cials. 

18 ‘‘(D) COTS.—The head of each agency 

19 listed in section 901(b)(1) or 901(b)(2) of title 

20 31, other than the Department of Defense, 

21 shall ensure that the Chief Information Officer 

22 of the agency has authority over any acquisition 

23 of an information technology product or service 

24 that is a commercially available off-the-shelf 

25 item. 


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 1843 IS

1 ‘‘(2) PERSONNEL-RELATED AUTHORITY.—The 

2 head of each agency listed in section 901(b)(1) or 

3 901(b)(2) of title 31, other than the Department of 

4 Defense, shall ensure that the Chief Information Of5 ficer of the agency has the authority necessary to— 

6 ‘‘(A) approve the hiring of personnel who 

7 will have information technology responsibilities 

8 within the agency; and 

9 ‘‘(B) require that such personnel have the 

10 obligation to report to the Chief Information 

11 Officer in a manner considered sufficient by the 

12 Chief Information Officer.’’. 

13 (c) SINGLE CHIEF INFORMATION OFFICER IN EACH

14 AGENCY.— 

15 (1) REQUIREMENT.—Section 3506(a)(3) of title 

16 44, United States Code, is amended— 

17 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

18 (B) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(B) Each agency shall have only one individual with 

21 the title and designation of ‘Chief Information Officer’. 

22 Any bureau, office, or subordinate organization within the 

23 agency may designate one individual with the title ‘Deputy 

24 Chief Information Officer’, ‘Associate Chief Information 

25 Officer’, or ‘Assistant Chief Information Officer’.’’. 


tjames on DSK6SPTVN1PROD with BILLS
7 

•S 1843 IS

1 (2) EFFECTIVE DATE.—Section 3506(a)(3)(B) 

2 of title 44, United States Code, as added by para3 graph (1), shall take effect on October 1, 2014. Any 

4 individual serving in a position affected by such sec5 tion before such date may continue in that position 

6 if the requirements of such section are fulfilled with 

7 respect to that individual. 

8 SEC. 3. LEAD COORDINATION ROLE OF CHIEF INFORMA9 TION OFFICERS COUNCIL. 

10 (a) LEAD COORDINATION ROLE.—Subsection (d) of 

11 section 3603 of title 44, United States Code, is amended 

12 to read as follows: 

13 ‘‘(d) LEAD INTERAGENCY FORUM.— 

14 ‘‘(1) DESIGNATION.— 

15 ‘‘(A) IN GENERAL.—The Council is des16 ignated the lead interagency forum for improv17 ing agency coordination of practices related to 

18 the design, development, modernization, use, 

19 operation, sharing, performance, and review of 

20 Federal Government information resources in21 vestment. 

22 ‘‘(B) RESPONSIBILITIES.—As the lead 

23 interagency forum, the Council shall— 

24 ‘‘(i) develop cross-agency portfolio 

25 management practices to allow and encourVerDate Mar 15 2010 03:03 Dec 19, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843

tjames on DSK6SPTVN1PROD with BILLS
8 

•S 1843 IS

1 age the development of cross-agency 

2 shared services and shared platforms; and 

3 ‘‘(ii) issue guidelines and practices for 

4 expansion of the Federal enterprise archi5 tecture process, if appropriate. 

6 ‘‘(C) GUIDELINES AND PRACTICES.—The 

7 guidelines and practices issued under subpara8 graph (B)(ii)— 

9 ‘‘(i) may address broader trans10 parency, common inputs, common outputs, 

11 and outcomes achieved; and 

12 ‘‘(ii) shall be used as a basis for com13 paring performance across diverse missions 

14 and operations in various agencies. 

15 ‘‘(2) REPORTS.— 

16 ‘‘(A) DEFINITION.—In this paragraph, the 

17 term ‘relevant congressional committees’ means 

18 each of the following: 

19 ‘‘(i) The Committee on Homeland Se20 curity and Governmental Affairs and the 

21 Committee on Appropriations of the Sen22 ate. 

23 ‘‘(ii) The Committee on Oversight and 

24 Government Reform and the Committee on 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 1843 IS

1 Appropriations of the House of Represent2 atives. 

3 ‘‘(B) REQUIRED REPORTS.—Not later than 

4 December 1 in each of the 6 years following the 

5 date of the enactment of this paragraph, the 

6 Council shall submit to the relevant congres7 sional committees a report (to be known as the 

8 ‘CIO Council Report’) summarizing the Coun9 cil’s activities in the preceding fiscal year and 

10 containing such recommendations for further 

11 congressional action to fulfill its mission as the 

12 Council considers appropriate.’’. 

13 (b) REFERENCES TO ADMINISTRATOR OF E-GOVERN14 MENT AS FEDERAL CHIEF INFORMATION OFFICER.— 

15 (1) REFERENCES.—Section 3602(b) of title 44, 

16 United States Code, is amended by adding at the 

17 end the following: ‘‘The Administrator may also be 

18 referred to as the Federal Chief Information Offi19 cer.’’. 

20 (2) DEFINITION.—Section 3601(1) of title 44, 

21 United States Code, is amended by inserting ‘‘or 

22 ‘Federal Chief Information Officer’ ’’ before 

23 ‘‘means’’. 


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 1843 IS

1 SEC. 4. REPORTS BY GOVERNMENT ACCOUNTABILITY OF2 FICE. 

3 (a) DEFINITIONS.—In this section: 

4 (1) CHIEF INFORMATION OFFICERS COUNCIL.— 

5 The term ‘‘Chief Information Officers Council’’ 

6 means the Chief Information Officers Council estab7 lished by section 3603(a) of title 44, United States 

8 Code. 

9 (2) RELEVANT CONGRESSIONAL COMMIT10 TEES.—The term ‘‘relevant congressional commit11 tees’’ means each of the following: 

12 (A) The Committee on Homeland Security 

13 and Governmental Affairs and the Committee 

14 on Appropriations of the Senate. 

15 (B) The Committee on Oversight and Gov16 ernment Reform and the Committee on Appro17 priations of the House of Representatives. 

18 (b) REQUIREMENT TO EXAMINE EFFECTIVENESS.— 

19 The Comptroller General of the United States shall exam20 ine the effectiveness of the Chief Information Officers 

21 Council in meeting its responsibilities under section 

22 3603(d) of title 44, United States Code, as added by sec23 tion 3, with particular focus whether agencies are actively 

24 participating in the Council and following the Council’s 

25 advice and guidance. 


tjames on DSK6SPTVN1PROD with BILLS
11 

•S 1843 IS

1 (c) REPORTS.—Not later than 1 year, 3 years, and 

2 5 years after the date of enactment of this Act, the Comp3 troller General shall submit to the relevant congressional 

4 committees a report containing the findings and rec5 ommendations of the Comptroller General from the exam6 ination required by subsection (b). 

7 SEC. 5. ENHANCED TRANSPARENCY IN INFORMATION 

8 TECHNOLOGY INVESTMENTS. 

9 (a) PUBLIC AVAILABILITY OF INFORMATION ABOUT

10 IT INVESTMENTS.—Section 11302(c) of title 40, United 

11 States Code, is amended— 

12 (1) by redesignating paragraph (2) as para13 graph (3); and 

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph: 

16 ‘‘(2) PUBLIC AVAILABILITY.— 

17 ‘‘(A) IN GENERAL.—The Director shall 

18 make available to the public the cost, schedule, 

19 and performance data for at least 80 percent 

20 (by dollar value) of all information technology 

21 investments in each Federal agency listed in 

22 section 901(b) of title 31, without regard to 

23 whether the investments are for information 

24 technology acquisitions or for operations and 

25 maintenance of information technology. The DiVerDate Mar 15 2010 22:55 Dec 20, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843

tjames on DSK6SPTVN1PROD with BILLS
12 

•S 1843 IS

1 rector shall ensure that the information is cur2 rent, accurate, and reflects the risks associated 

3 with each covered information technology in4 vestment. 

5 ‘‘(B) WAIVER OR LIMITATION AUTHOR6 ITY.—If the Director or the Chief Information 

7 Officer, as the case may be, determines that a 

8 waiver or limitation is in the national security 

9 interests of the United States, the applicability 

10 of subparagraph (A) may be waived or the ex11 tent of the information may be limited— 

12 ‘‘(i) by the Director, with respect to 

13 information technology investments Gov14 ernmentwide; and 

15 ‘‘(ii) by the Chief Information Officer 

16 of a Federal agency listed in section 

17 901(b) of title 31, with respect to informa18 tion technology investments in that Fed19 eral agency.’’. 

20 (b) ADDITIONAL REPORT REQUIREMENTS.—Para21 graph (3) of section 11302(c) title 40, United States Code, 

22 as redesignated by subsection (a), is amended by adding 

23 at the end the following: ‘‘The report shall include an analVerDate Mar 15 2010 03:03 Dec 19, 2013 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843

tjames on DSK6SPTVN1PROD with BILLS
13 

•S 1843 IS

1 ysis of agency trends reflected in the performance risk in2 formation required in paragraph (2).’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS