IIB 

113TH CONGRESS 

2D SESSION H. R. 1232 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend titles 40, 41, and 44, United States Code, to 

eliminate duplication and waste in 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Technology Acquisition Reform Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 


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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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) CHIEF ACQUISITION OFFICERS COUNCIL.— 

4 The term ‘‘Chief Acquisition Officers Council’’ 

5 means the Chief Acquisition Officers Council estab6 lished by section 1311(a) of title 41, United States 

7 Code. 

8 (2) CHIEF INFORMATION OFFICER.—The term 

9 ‘‘Chief Information Officer’’ means a Chief Informa10 tion Officer (as designated under section 3506(a)(2) 

11 of title 44, United States Code) of an agency listed 

12 in section 901(b) of title 31, United States Code. 

13 (3) CHIEF INFORMATION OFFICERS COUNCIL.— 

14 The term ‘‘Chief Information Officers Council’’ or 

15 ‘‘CIO Council’’ means the Chief Information Officers 

16 Council established by section 3603(a) of title 44, 

17 United States Code. 


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1 (4) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Office of Management and Budg3 et. 

4 (5) FEDERAL AGENCY.—The term ‘‘Federal 

5 agency’’ means each agency listed in section 901(b) 

6 of title 31, United States Code. 

7 (6) FEDERAL CHIEF INFORMATION OFFICER.— 

8 The term ‘‘Federal Chief Information Officer’’ 

9 means the Administrator of the Office of Electronic 

10 Government established under section 3602 of title 

11 44, United States Code. 

12 (7) INFORMATION TECHNOLOGY OR IT.—The 

13 term ‘‘information technology’’ or ‘‘IT’’ has the 

14 meaning provided in section 11101(6) of title 40, 

15 United States Code. 

16 (8) RELEVANT CONGRESSIONAL COMMIT17 TEES.—The term ‘‘relevant congressional commit18 tees’’ means each of the following: 

19 (A) The Committee on Oversight and Gov20 ernment Reform and the Committee on Armed 

21 Services of the House of Representatives. 

22 (B) The Committee on Homeland Security 

23 and Governmental Affairs and the Committee 

24 on Armed Services of the Senate. 


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1 TITLE I—MANAGEMENT OF IN2 FORMATION TECHNOLOGY 

3 WITHIN FEDERAL GOVERN4 MENT 

5 SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF IN6 FORMATION OFFICERS OVER INFORMATION 

7 TECHNOLOGY. 

8 (a) PRESIDENTIAL APPOINTMENT OF CIOS OF CER9 TAIN AGENCIES.— 

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

11 United States Code, is amended— 

12 (A) by redesignating subsection (a) as sub13 section (e) and moving such subsection to the 

14 end of the section; and 

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

16 following new subsection (a): 

17 ‘‘(a) PRESIDENTIAL APPOINTMENT OR DESIGNATION

18 OF CERTAIN CHIEF INFORMATION OFFICERS.— 

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

20 agency listed in section 901(b)(1) of title 31 an 

21 agency Chief Information Officer. Each agency Chief 

22 Information Officer shall— 

23 ‘‘(A)(i) be appointed by the President; or 

24 ‘‘(ii) be designated by the President, in 

25 consultation with the head of the agency; and 


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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 ‘‘(2) 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, responsibilities 

11 as set forth in this section and in section 3506(a) 

12 of title 44 for Chief Information Officers designated 

13 under paragraph (2) of such section.’’. 

14 (2) CONFORMING AMENDMENTS.—Section 

15 3506(a)(2) of title 44, United States Code, is 

16 amended— 

17 (A) by striking ‘‘(A) Except as provided 

18 under subparagraph (B), the head of each 

19 agency’’ and inserting ‘‘The head of each agen20 cy, other than an agency with a Presidentially 

21 appointed or designated Chief Information Offi22 cer as provided in section 11315(a)(1) of title 

23 40,’’; and 

24 (B) by striking subparagraph (B). 


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1 (b) AUTHORITY RELATING TO BUDGET AND PER2 SONNEL.—Section 11315 of title 40, United States Code, 

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

4 following new subsection: 

5 ‘‘(d) ADDITIONAL AUTHORITIES FOR CERTAIN

6 CIOS.— 

7 ‘‘(1) BUDGET-RELATED AUTHORITY.— 

8 ‘‘(A) PLANNING.—Notwithstanding any 

9 other provision of law, the head of each agency 

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

11 31 and in section 102 of title 5 shall ensure 

12 that the Chief Information Officer of the agen13 cy has the authority to participate in decisions 

14 regarding the budget planning process related 

15 to information technology or programs that in16 clude significant information technology compo17 nents. 

18 ‘‘(B) ALLOCATION.—Notwithstanding any 

19 other provision of law, amounts appropriated 

20 for any agency listed in section 901(b)(1) or 

21 901(b)(2) of title 31 and in section 102 of title 

22 5 for any fiscal year that are available for infor23 mation technology shall be allocated within the 

24 agency, consistent with the provisions of appro25 priations Acts and budget guidelines and recVerDate Mar 15 2010 22:48 Feb 26, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1232.RFS H1232

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1 ommendations from the Director of the Office 

2 of Management and Budget, in such manner as 

3 specified by, or approved by, the Chief Informa4 tion Officer of the agency in consultation with 

5 the Chief Financial Officer of the agency and 

6 budget officials. 

7 ‘‘(2) PERSONNEL-RELATED AUTHORITY.—Not8 withstanding any other provision of law, the head of 

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

10 of title 31 shall ensure that the Chief Information 

11 Officer of the agency has the authority necessary to 

12 approve the hiring of personnel who will have infor13 mation technology responsibilities within the agency 

14 and to require that such personnel have the obliga15 tion to report to the Chief Information Officer in a 

16 manner considered sufficient by the Chief Informa17 tion Officer.’’. 

18 (c) SINGLE CHIEF INFORMATION OFFICER IN EACH

19 AGENCY.— 

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

21 44, United States Code, is amended— 

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

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

24 subparagraph: 


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1 ‘‘(B) Each agency shall have only one indi2 vidual with the title and designation of ‘Chief 

3 Information Officer’. Any bureau, office, or sub4 ordinate organization within the agency may 

5 designate one individual with the title ‘Deputy 

6 Chief Information Officer’, ‘Associate Chief In7 formation Officer’, or ‘Assistant Chief Informa8 tion Officer’.’’. 

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

10 of title 44, United States Code, as added by para11 graph (1), shall take effect as of October 1, 2014. 

12 Any individual serving in a position affected by such 

13 section before such date may continue in that posi14 tion if the requirements of such section are fulfilled 

15 with respect to that individual. 

16 SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMA17 TION OFFICERS COUNCIL. 

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

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

20 to read as follows: 

21 ‘‘(d) LEAD INTERAGENCY FORUM.— 

22 ‘‘(1) IN GENERAL.—The Council is designated 

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1 formance, and review of Federal Government infor2 mation resources investment. As the lead inter3 agency forum, the Council shall develop cross-agency 

4 portfolio management practices to allow and encour5 age the development of cross-agency shared services 

6 and shared platforms. The Council shall also issue 

7 guidelines and practices for infrastructure and com8 mon information technology applications, including 

9 expansion of the Federal Enterprise Architecture 

10 process if appropriate. The guidelines and practices 

11 may address broader transparency, common inputs, 

12 common outputs, and outcomes achieved. The guide13 lines and practices shall be used as a basis for com14 paring performance across diverse missions and op15 erations in various agencies. 

16 ‘‘(2) REPORT.—Not later than December 1 in 

17 each of the 6 years following the date of the enact18 ment of this paragraph, the Council shall submit to 

19 the relevant congressional committees a report (to be 

20 known as the ‘CIO Council Report’) summarizing 

21 the Council’s activities in the preceding fiscal year 

22 and containing such recommendations for further 

23 congressional action to fulfill its mission as the 

24 Council considers appropriate. 


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1 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT2 TEES.—For purposes of the report required by para3 graph (2), the relevant congressional committees are 

4 each of the following: 

5 ‘‘(A) The Committee on Oversight and 

6 Government Reform and the Committee on 

7 Armed Services of the House of Representa8 tives. 

9 ‘‘(B) The Committee on Homeland Secu10 rity and Governmental Affairs and the Com11 mittee on Armed Services of the Senate.’’. 

12 (b) ADDITIONAL FUNCTION.—Subsection (f) of sec13 tion 3603 of such title is amended by adding at the end 

14 the following new paragraph: 

15 ‘‘(8) Assist the Administrator in developing and 

16 providing guidance for effective operations of the 

17 Federal Infrastructure and Common Application 

18 Collaboration Center authorized under section 11501 

19 of title 40.’’. 

20 (c) REFERENCES TO ADMINISTRATOR OF E-GOVERN21 MENT AS FEDERAL CHIEF INFORMATION OFFICER.— 

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

23 United States Code, is amended by adding at the 

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


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1 referred to as the Federal Chief Information Offi2 cer.’’. 

3 (2) DEFINITION.—Section 3601(1) of such title 

4 is amended by inserting ‘‘or Federal Chief Informa5 tion Officer’’ before ‘‘means’’. 

6 SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY OF7 FICE. 

8 (a) REQUIREMENT TO EXAMINE EFFECTIVENESS.— 

9 The Comptroller General of the United States shall exam10 ine the effectiveness of the Chief Information Officers 

11 Council in meeting its responsibilities under section 

12 3603(d) of title 44, United States Code, as added by sec13 tion 102, with particular focus on— 

14 (1) whether agencies are actively participating 

15 in the Council and heeding the Council’s advice and 

16 guidance; and 

17 (2) whether the Council is actively using and 

18 developing the capabilities of the Federal Infrastruc19 ture and Common Application Collaboration Center 

20 authorized under section 11501 of title 40, United 

21 States Code, as added by section 401. 

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

23 5 years after the date of the enactment of this Act, the 

24 Comptroller General shall submit to the relevant congres25 sional committees a report containing the findings and 


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1 recommendations of the Comptroller General from the ex2 amination required by subsection (a). 

3 TITLE II—DATA CENTER 

4 OPTIMIZATION 

5 SEC. 201. PURPOSE. 

6 The purpose of this title is to optimize Federal data 

7 center usage and efficiency. 

8 SEC. 202. DEFINITIONS. 

9 In this title: 

10 (1) FEDERAL DATA CENTER OPTIMIZATION INI11 TIATIVE.—The term ‘‘Federal Data Center Optimi12 zation Initiative’’ or the ‘‘Initiative’’ means the ini13 tiative developed and implemented by the Director, 

14 through the Federal Chief Information Officer, as 

15 required under section 203. 

16 (2) COVERED AGENCY.—The term ‘‘covered 

17 agency’’ means any agency included in the Federal 

18 Data Center Optimization Initiative. 

19 (3) DATA CENTER.—The term ‘‘data center’’ 

20 means a closet, room, floor, or building for the stor21 age, management, and dissemination of data and in22 formation, as defined by the Federal Chief Informa23 tion Officer under guidance issued pursuant to this 

24 section. 


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1 (4) FEDERAL DATA CENTER.—The term ‘‘Fed2 eral data center’’ means any data center of a cov3 ered agency used or operated by a covered agency, 

4 by a contractor of a covered agency, or by another 

5 organization on behalf of a covered agency. 

6 (5) SERVER UTILIZATION.—The term ‘‘server 

7 utilization’’ refers to the activity level of a server rel8 ative to its maximum activity level, expressed as a 

9 percentage. 

10 (6) POWER USAGE EFFECTIVENESS.—The term 

11 ‘‘power usage effectiveness’’ means the ratio ob12 tained by dividing the total amount of electricity and 

13 other power consumed in running a data center by 

14 the power consumed by the information and commu15 nications technology in the data center. 

16 SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIA17 TIVE. 

18 (a) REQUIREMENT FOR INITIATIVE.—The Federal 

19 Chief Information Officer, in consultation with the chief 

20 information officers of covered agencies, shall develop and 

21 implement an initiative, to be known as the Federal Data 

22 Center Optimization Initiative, to optimize the usage and 

23 efficiency of Federal data centers by meeting the require24 ments of this Act and taking additional measures, as ap25 propriate. 


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1 (b) REQUIREMENT FOR PLAN.—Within 6 months 

2 after the date of the enactment of this Act, the Federal 

3 Chief Information Officer, in consultation with the chief 

4 information officers of covered agencies, shall develop and 

5 submit to Congress a plan for implementation of the Ini6 tiative required by subsection (a) by each covered agency. 

7 In developing the plan, the Federal Chief Information Of8 ficer shall take into account the findings and recommenda9 tions of the Comptroller General review required by sec10 tion 205(e). 

11 (c) MATTERS COVERED.—The plan shall include— 

12 (1) descriptions of how covered agencies will 

13 use reductions in floor space, energy use, infrastruc14 ture, equipment, applications, personnel, increases in 

15 multiorganizational use, server virtualization, cloud 

16 computing, and other appropriate methods to meet 

17 the requirements of the initiative; and 

18 (2) appropriate consideration of shifting Feder19 ally owned data center workload to commercially 

20 owned data centers. 

21 SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO 

22 DATA CENTER CONSOLIDATION. 

23 (a) SERVER UTILIZATION.—Each covered agency 

24 may use the following methods to achieve the maximum 


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1 server utilization possible as determined by the Federal 

2 Chief Information Officer: 

3 (1) The closing of existing data centers that 

4 lack adequate server utilization, as determined by 

5 the Federal Chief Information Officer. If the agency 

6 fails to close such data centers, the agency shall pro7 vide a detailed explanation as to why this data cen8 ter should remain in use as part of the submitted 

9 plan. The Federal Chief Information Officer shall in10 clude an assessment of the agency explanation in the 

11 annual report to Congress. 

12 (2) The consolidation of services within existing 

13 data centers to increase server utilization rates. 

14 (3) Any other method that the Federal Chief 

15 Information Officer, in consultation with the chief 

16 information officers of covered agencies, determines 

17 necessary to optimize server utilization. 

18 (b) POWER USAGE EFFECTIVENESS.—Each covered 

19 agency may use the following methods to achieve the max20 imum energy efficiency possible as determined by the Fed21 eral Chief Information Officer: 

22 (1) The use of the measurement of power usage 

23 effectiveness to calculate data center energy effi24 ciency. 


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1 (2) The use of power meters in facilities dedi2 cated to data center operations to frequently meas3 ure power consumption over time. 

4 (3) The establishment of power usage effective5 ness goals for each data center. 

6 (4) The adoption of best practices for man7 aging— 

8 (A) temperature and airflow in facilities 

9 dedicated to data center operations; and 

10 (B) power supply efficiency. 

11 (5) The implementation of any other method 

12 that the Federal Chief Information Officer, in con13 sultation with the Chief Information Officers of cov14 ered agencies, determines necessary to optimize data 

15 center energy efficiency. 

16 SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTI17 MIZATION. 

18 (a) REQUIREMENT TO TRACK COSTS.— 

19 (1) IN GENERAL.—Each covered agency shall 

20 track costs resulting from implementation of the 

21 Federal Data Center Optimization Initiative within 

22 the agency and submit a report on those costs annu23 ally to the Federal Chief Information Officer. Cov24 ered agencies shall determine the net costs from 

25 data consolidation on an annual basis. 


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1 (2) FACTORS.—In calculating net costs each 

2 year under paragraph (1), a covered agency shall 

3 use the following factors: 

4 (A) Energy costs. 

5 (B) Personnel costs. 

6 (C) Real estate costs. 

7 (D) Capital expense costs. 

8 (E) Maintenance and support costs such as 

9 operating subsystem, database, hardware, and 

10 software license expense costs. 

11 (F) Other appropriate costs, as determined 

12 by the agency in consultation with the Federal 

13 Chief Information Officer. 

14 (b) REQUIREMENT TO TRACK SAVINGS.— 

15 (1) IN GENERAL.—Each covered agency shall 

16 track realized and projected savings resulting from 

17 implementation of the Federal Data Center Optimi18 zation Initiative within the agency and submit a re19 port on those savings annually to the Federal Chief 

20 Information Officer. Covered agencies shall deter21 mine the net savings from data consolidation on an 

22 annual basis. 

23 (2) FACTORS.—In calculating net savings each 

24 year under paragraph (1), a covered agency shall 

25 use the following factors: 


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1 (A) Energy savings. 

2 (B) Personnel savings. 

3 (C) Real estate savings. 

4 (D) Capital expense savings. 

5 (E) Maintenance and support savings such 

6 as operating subsystem, database, hardware, 

7 and software license expense savings. 

8 (F) Other appropriate savings, as deter9 mined by the agency in consultation with the 

10 Federal Chief Information Officer. 

11 (3) PUBLIC AVAILABILITY.—The Federal Chief 

12 Information Officer shall make publicly available a 

13 summary of realized and projected savings for each 

14 covered agency. The Federal Chief Information Offi15 cer shall identify any covered agency that failed to 

16 provide the annual report required under paragraph 

17 (1). 

18 (c) REQUIREMENT TO USE COST-EFFECTIVE MEAS19 URES.—Covered agencies shall use the most cost-effective 

20 measures to implement the Federal Data Center Optimi21 zation Initiative, such as using estimation to measure or 

22 track costs and savings using a methodology approved by 

23 the Federal Chief Information Officer. 

24 (d) GOVERNMENT ACCOUNTABILITY OFFICE RE25 VIEW.—Not later than 6 months after the date of the enVerDate Mar 15 2010 22:48 Feb 26, 2014 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1232.RFS H1232

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1 actment of this Act, the Comptroller General of the United 

2 States shall examine methods for calculating savings from 

3 the Initiative and using them for the purposes identified 

4 in subsection (d), including establishment and use of a 

5 special revolving fund that supports data centers and serv6 er optimization, and shall submit to the Federal Chief In7 formation Officer and Congress a report on the Comp8 troller General’s findings and recommendations. 

9 SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND 

10 THE FEDERAL CHIEF INFORMATION OFFI11 CER. 

12 (a) AGENCY REQUIREMENT TO REPORT TO CIO.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), each covered agency each year shall sub15 mit to the Federal Chief Information Officer a re16 port on the implementation of the Federal Data 

17 Center Optimization Initiative, including savings re18 sulting from such implementation. The report shall 

19 include an update of the agency’s plan for imple20 menting the Initiative. 

21 (2) DEPARTMENT OF DEFENSE.—The Sec22 retary of Defense shall comply with paragraph (1) 

23 each year by submitting to the Federal Chief Infor24 mation Officer a report with relevant information 

25 collected under section 2867 of Public Law 112–81 


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1 (10 U.S.C. 2223a note) or a copy of the report re2 quired under section 2867(d) of such law. 

3 (b) FEDERAL CHIEF INFORMATION OFFICER RE4 QUIREMENT TO REPORT TO CONGRESS.—Each year, the 

5 Federal Chief Information Officer shall submit to the rel6 evant congressional committees a report that assesses 

7 agency progress in carrying out the Federal Data Center 

8 Optimization Initiative and updates the plan under section 

9 203. The report may be included as part of the annual 

10 report required under section 3606 of title 44, United 

11 States Code. 

12 TITLE III—ELIMINATION OF DU13 PLICATION AND WASTE IN IN14 FORMATION TECHNOLOGY 

15 ACQUISITION 

16 SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY 

17 SOFTWARE ASSETS. 

18 (a) PLAN.—The Director shall develop a plan for con19 ducting a Governmentwide inventory of information tech20 nology software assets. 

21 (b) MATTERS COVERED.—The plan required by sub22 section (a) shall cover the following: 

23 (1) The manner in which Federal agencies can 

24 achieve the greatest possible economies of scale and 

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1 nology software assets, through measures such as re2 ducing the procurement of new software licenses 

3 until such time as agency needs exceed the number 

4 of existing and unused licenses. 

5 (2) The capability to conduct ongoing Govern6 mentwide inventories of all existing software licenses 

7 on an application-by-application basis, including du8 plicative, unused, overused, and underused licenses, 

9 and to assess the need of agencies for software li10 censes. 

11 (3) A Governmentwide spending analysis to 

12 provide knowledge about how much is being spent 

13 for software products or services to support deci14 sions for strategic sourcing under the Federal stra15 tegic sourcing program managed by the Office of 

16 Federal Procurement Policy. 

17 (c) AVAILABILITY.—The inventory of information 

18 technology software assets shall be available to Chief In19 formation Officers and such other Federal officials as the 

20 Chief Information Officers may, in consultation with the 

21 Chief Information Officers Council, designate. 

22 (d) DEADLINE AND SUBMISSION TO CONGRESS.— 

23 Not later than 180 days after the date of the enactment 

24 of this Act, the Director shall complete and submit to Con25 gress the plan required by subsection (a). 


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1 (e) IMPLEMENTATION.—Not later than two years 

2 after the date of the enactment of this Act, the Director 

3 shall complete implementation of the plan required by sub4 section (a). 

5 (f) REVIEW BY COMPTROLLER GENERAL.—Not later 

6 than two years after the date of the enactment of this Act, 

7 the Comptroller General of the United States shall review 

8 the plan required by subsection (a) and submit to the rel9 evant congressional committees a report on the review. 

10 SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY. 

11 (a) WEBSITE CONSOLIDATION.—The Director 

12 shall— 

13 (1) in consultation with Federal agencies, and 

14 after reviewing the directory of public Federal Gov15 ernment websites of each agency (as required to be 

16 established and updated under section 207(f)(3) of 

17 the E-Government Act of 2002 (Public Law 107– 

18 347; 44 U.S.C. 3501 note)), assess all the publicly 

19 available websites of Federal agencies to determine 

20 whether there are duplicative or overlapping 

21 websites; and 

22 (2) require Federal agencies to eliminate or 

23 consolidate those websites that are duplicative or 

24 overlapping. 


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1 (b) WEBSITE TRANSPARENCY.—The Director shall 

2 issue guidance to Federal agencies to ensure that the data 

3 on publicly available websites of the agencies are open and 

4 accessible to the public. 

5 (c) MATTERS COVERED.—In preparing the guidance 

6 required by subsection (b), the Director shall— 

7 (1) develop guidelines, standards, and best 

8 practices for interoperability and transparency; 

9 (2) identify interfaces that provide for shared, 

10 open solutions on the publicly available websites of 

11 the agencies; and 

12 (3) ensure that Federal agency Internet home 

13 pages, web-based forms, and web-based applications 

14 are accessible to individuals with disabilities in con15 formance with section 508 of the Rehabilitation Act 

16 of 1973 (29 U.S.C. 794d). 

17 (d) DEADLINE FOR GUIDANCE.—The guidance re18 quired by subsection (b) shall be issued not later than 180 

19 days after the date of the enactment of this Act. 

20 SEC. 303. TRANSITION TO THE CLOUD. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that transition to cloud computing offers significant 

23 potential benefits for the implementation of Federal infor24 mation technology projects in terms of flexibility, cost, and 

25 operational benefits. 


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1 (b) GOVERNMENTWIDE APPLICATION.—In assessing 

2 cloud computing opportunities, the Chief Information Of3 ficers Council shall define policies and guidelines for the 

4 adoption of Governmentwide programs providing for a 

5 standardized approach to security assessment and oper6 ational authorization for cloud products and services. 

7 (c) ADDITIONAL BUDGET AUTHORITIES FOR TRANSI8 TION.—In transitioning to the cloud, a Chief Information 

9 Officer of an agency listed in section 901(b) of title 31, 

10 United States Code, may establish such cloud service 

11 Working Capital Funds, in consultation with the Chief Fi12 nancial Officer of the agency, as may be necessary to tran13 sition to cloud-based solutions. Any establishment of a new 

14 Working Capital Fund under this subsection shall be re15 ported to the Committees on Appropriations of the House 

16 of Representatives and the Senate and relevant Congres17 sional committees. 

18 SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION 

19 OF CONTRACTS BY REQUIRING BUSINESS 

20 CASE ANALYSIS. 

21 (a) PURPOSE.—The purpose of this section is to le22 verage the Government’s buying power and achieve admin23 istrative efficiencies and cost savings by eliminating un24 necessary duplication of contracts. 


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1 (b) REQUIREMENT FOR BUSINESS CASE AP2 PROVAL.— 

3 (1) IN GENERAL.—Chapter 33 of title 41, 

4 United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 3312. Requirement for business case approval for 

7 new Governmentwide contracts 

8 ‘‘(a) IN GENERAL.—An executive agency may not 

9 issue a solicitation for a covered Governmentwide contract 

10 unless the agency performs a business case analysis for 

11 the contract and obtains an approval of the business case 

12 analysis from the Administrator for Federal Procurement 

13 Policy. 

14 ‘‘(b) REVIEW OF BUSINESS CASE ANALYSIS.— 

15 ‘‘(1) IN GENERAL.—With respect to any cov16 ered Governmentwide contract, the Administrator 

17 for Federal Procurement Policy shall review the 

18 business case analysis submitted for the contract 

19 and provide an approval or disapproval within 60 

20 days after the date of submission. Any business case 

21 analysis not disapproved within such 60-day period 

22 is deemed to be approved. 

23 ‘‘(2) BASIS FOR APPROVAL OF BUSINESS

24 CASE.—The Administrator for Federal Procurement 

25 Policy shall approve or disapprove a business case 


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1 analysis based on the adequacy of the analysis sub2 mitted. The Administrator shall give primary consid3 eration to whether an agency has demonstrated a 

4 compelling need that cannot be satisfied by existing 

5 Governmentwide contract in a timely and cost-effec6 tive manner. 

7 ‘‘(c) CONTENT OF BUSINESS CASE ANALYSIS.—The 

8 Administrator for Federal Procurement Policy shall issue 

9 guidance specifying the content for a business case anal10 ysis submitted pursuant to this section. At a minimum, 

11 the business case analysis shall include details on the ad12 ministrative resources needed for such contract, including 

13 an analysis of all direct and indirect costs to the Federal 

14 Government of awarding and administering such contract 

15 and the impact such contract will have on the ability of 

16 the Federal Government to leverage its purchasing power. 

17 ‘‘(b) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED GOVERNMENTWIDE CON19 TRACT.—The term ‘covered Governmentwide con20 tract’ means any contract, blanket purchase agree21 ment, or other contractual instrument for acquisition 

22 of information technology or other goods or services 

23 that allows for an indefinite number of orders to be 

24 placed under the contract, agreement, or instrument, 

25 and that is established by one executive agency for 


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1 use by multiple executive agencies to obtain goods or 

2 services. The term does not include— 

3 ‘‘(A) a multiple award schedule contract 

4 awarded by the General Services Administra5 tion; 

6 ‘‘(B) a Governmentwide acquisition con7 tract for information technology awarded pursu8 ant to sections 11302(e) and 11314(a)(2) of 

9 title 40; 

10 ‘‘(C) orders under Governmentwide con11 tracts in existence before the effective date of 

12 this section; or 

13 ‘‘(D) any contract in an amount less than 

14 $10,000,000, determined on an average annual 

15 basis. 

16 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

17 agency’ has the meaning provided that term by sec18 tion 105 of title 5.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions for chapter 33 of title 41, United States Code, 

21 is amended by adding after the item relating to sec22 tion 3311 the following new item: 

‘‘3312. Requirement for business case approval for new Governmentwide contracts.’’. 

23 (c) REPORT.—Not later than June 1 in each of the 

24 next 6 years following the date of the enactment of this 


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1 Act, the Administrator for Federal Procurement Policy 

2 shall submit to the relevant congressional committees a 

3 report on the implementation of section 3312 of title 41, 

4 United States Code, as added by subsection (b), including 

5 a summary of the submissions, reviews, approvals, and 

6 disapprovals of business case analyses pursuant to such 

7 section. 

8 (d) GUIDANCE.—The Administrator for Federal Pro9 curement Policy shall issue guidance for implementing sec10 tion 3312 of such title. 

11 (e) REVISION OF FAR.—Not later than 180 days 

12 after the date of the enactment of this Act, the Federal 

13 Acquisition Regulation shall be amended to implement sec14 tion 3312 of such title. 

15 (g) EFFECTIVE DATE.—Section 3312 of such title is 

16 effective on and after 180 days after the date of the enact17 ment of this Act. 


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1 TITLE IV—STRENGTHENING AND 

2 STREAMLINING INFORMA3 TION TECHNOLOGY ACQUISI4 TION MANAGEMENT PRAC5 TICES 

6 Subtitle A—Strengthening and 

7 Streamlining IT Program Man8 agement Practices 

9 SEC. 401. PILOT PROGRAM ON INTERAGENCY COLLABORA10 TION. 

11 (a) PILOT PROGRAM.— 

12 (1) IN GENERAL.—Chapter 115 of title 40, 

13 United States Code, is amended to read as follows: 

14 ‘‘CHAPTER 115—INFORMATION TECH15 NOLOGY ACQUISITION MANAGEMENT 

16 PRACTICES 

‘‘Sec. 

‘‘11501. Pilot program on interagency collaboration. 

17 ‘‘§ 11501. Pilot program on interagency collaboration 

18 ‘‘(a) REQUIREMENT TO CONDUCT PILOT PRO19 GRAM.—The Director of the Office of Management and 

20 Budget shall conduct a three-year pilot program in accord21 ance with the requirements of this section to test alter22 native approaches for the management of commonly used 

23 information technology by executive agencies. 


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1 ‘‘(b) ESTABLISHMENT AND PURPOSES.—For pur2 poses of the pilot program, the Director of the Office of 

3 Management and Budget shall establish a Federal Infra4 structure and Common Application Collaboration Center 

5 (hereafter in this section referred to as the ‘Collaboration 

6 Center’) within the Office of Electronic Government estab7 lished under section 3602 of title 44. The purpose of the 

8 Collaboration Center is to serve as a resource for Federal 

9 agencies, available on an optional-use basis, to assist and 

10 promote coordinated program management practices and 

11 to develop and maintain requirements for the acquisition 

12 of IT infrastructure and common applications commonly 

13 used by various Federal agencies. 

14 ‘‘(c) ORGANIZATION OF CENTER.— 

15 ‘‘(1) MEMBERSHIP.—The Center shall consist 

16 of the following members: 

17 ‘‘(A) An appropriate number, as deter18 mined by the CIO Council, but not less than 

19 12, full-time program managers or cost special20 ists, all of whom have appropriate experience in 

21 the private or Government sector in managing 

22 or overseeing acquisitions of IT infrastructure 

23 and common applications. 

24 ‘‘(B) At least 1 full-time detailee from 

25 each of the Federal agencies listed in section 


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1 901(b) of title 31, nominated by the respective 

2 agency chief information officer for a detail pe3 riod of not less than 1 year. 

4 ‘‘(2) WORKING GROUPS.—The Collaboration 

5 Center shall have working groups that specialize in 

6 IT infrastructure and common applications identi7 fied by the CIO Council. Each working group shall 

8 be headed by a separate dedicated program manager 

9 appointed by the Federal Chief Information Officer. 

10 ‘‘(d) CAPABILITIES AND FUNCTIONS OF THE COL11 LABORATION CENTER.—For each of the IT infrastructure 

12 and common application areas identified by the CIO Coun13 cil, the Collaboration Center shall perform the following 

14 roles, and any other functions as directed by the Federal 

15 Chief Information Officer: 

16 ‘‘(1) Develop, maintain, and disseminate re17 quirements suitable to establish contracts that will 

18 meet the common and general needs of various Fed19 eral agencies as determined by the Center. In doing 

20 so, the Center shall give maximum consideration to 

21 the adoption of commercial standards and industry 

22 acquisition best practices, including opportunities for 

23 shared services, consideration of total cost of owner24 ship, preference for industry-neutral functional spec25 ifications leveraging open industry standards and 


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1 competition, and use of long-term contracts, as ap2 propriate. 

3 ‘‘(2) Develop, maintain, and disseminate reli4 able cost estimates. 

5 ‘‘(3) Lead the review of significant or troubled 

6 IT investments or acquisitions as identified by the 

7 CIO Council. 

8 ‘‘(4) Provide expert aid to troubled IT invest9 ments or acquisitions. 

10 ‘‘(e) GUIDANCE.—The Director, in consultation with 

11 the Chief Information Officers Council, shall issue guid12 ance addressing the scope and operation of the Collabora13 tion Center. The guidance shall require that the collabora14 tion Center report to the Federal Chief Information Offi15 cer. 

16 ‘‘(f) REPORT TO CONGRESS.— 

17 ‘‘(1) IN GENERAL.—The Director shall annually 

18 submit to the relevant congressional committees a 

19 report detailing the organization, staff, and activities 

20 of the Collaboration Center, including— 

21 ‘‘(A) a list of IT infrastructure and com22 mon applications the Center assisted; 

23 ‘‘(B) an assessment of the Center’s 

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1 ernment requirements that are contrary to com2 mercial best practices; and 

3 ‘‘(C) the use and expenditure of amounts 

4 in the Fund established under subsection (i). 

5 ‘‘(2) INCLUSION IN OTHER REPORT.—The re6 port may be included as part of the annual E-Gov7 ernment status report required under section 3606 

8 of title 44. 

9 ‘‘(g) GUIDELINES FOR ACQUISITION OF IT INFRA10 STRUCTURE AND COMMON APPLICATIONS.— 

11 ‘‘(1) GUIDELINES.—The Collaboration Center 

12 shall establish guidelines that, to the maximum ex13 tent possible, eliminate inconsistent practices among 

14 executive agencies and ensure uniformity and con15 sistency in acquisition processes for IT infrastruc16 ture and common applications across the Federal 

17 Government. 

18 ‘‘(2) CENTRAL WEBSITE.—In preparing the 

19 guidelines, the Collaboration Center, in consultation 

20 with the Chief Acquisition Officers Council, shall 

21 offer executive agencies the option of accessing a 

22 central website for best practices, templates, and 

23 other relevant information. 

24 ‘‘(h) PRICING TRANSPARENCY.—The Collaboration 

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1 curement Policy, the Chief Acquisition Officers Council, 

2 the General Services Administration, and the Assisted Ac3 quisition Centers of Excellence, shall compile a price list 

4 and catalogue containing current pricing information by 

5 vendor for each of its IT infrastructure and common appli6 cations categories. The price catalogue shall contain any 

7 price provided by a vendor in a contract awarded for the 

8 same or similar good or service to any executive agency. 

9 The catalogue shall be developed in a fashion ensuring 

10 that it may be used for pricing comparisons and pricing 

11 analysis using standard data formats. The price catalogue 

12 shall not be made public, but shall be accessible to execu13 tive agencies. 

14 ‘‘(i) AUTHORIZATION TO USE FUND.—In any fiscal 

15 year, notwithstanding section 321(c) of title 40, up to five 

16 percent of the fees collected during the prior fiscal year 

17 under the multiple award schedule contracts entered into 

18 by the Administrator of General Services and credited to 

19 the Acquisition Services Fund under section 321 of title 

20 40, may be used to fund the activities of the Collaboration 

21 Center. Each fiscal year, the Director, in consultation with 

22 the Federal Chief Information Officer, shall determine an 

23 appropriate amount needed to operate the Collaboration 

24 Center and the Administrator of General Services shall 

25 transfer amounts only to the extent and in such amounts 


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1 as are provided in advance in appropriation acts from the 

2 Fund to the Director for the Center. 

3 ‘‘(j) DEFINITIONS.—In this section: 

4 ‘‘(1) EXECUTIVE AGENCY.—The term ‘executive 

5 agency’ has the meaning provided that term by sec6 tion 105 of title 5. 

7 ‘‘(2) FEDERAL CHIEF INFORMATION OFFI8 CER.—The term ‘Federal Chief Information Officer’ 

9 means the Administrator of the Office of Electronic 

10 Government established under section 3602 of title 

11 44. 

12 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT13 TEES.—The term ‘relevant congressional commit14 tees’ means each of the following: 

15 ‘‘(A) The Committee on Oversight and 

16 Government Reform and the Committee on 

17 Armed Services of the House of Representa18 tives. 

19 ‘‘(B) The Committee on Homeland Secu20 rity and Governmental Affairs and the Com21 mittee on Armed Services of the Senate.’’. 

22 (2) CLERICAL AMENDMENT.—The item relating 

23 to chapter 115 in the table of chapters at the begin24 ning of subtitle III of title 40, United States Code, 

25 is amended to read as follows: 


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‘‘115. Information Technology Acquisition Management 

Practices ...................................................................11501’’. 

1 (b) DEADLINES.— 

2 (1) GUIDANCE.—Not later than 180 days after 

3 the date of the enactment of this Act, the Director 

4 shall issue guidance under section 11501(e) of title 

5 40, United States Code, as added by subsection (a). 

6 (2) CENTER.—Not later than 1 year after the 

7 date of the enactment of this Act, the Director shall 

8 establish the Federal Infrastructure and Common 

9 Application Collaboration Center, in accordance with 

10 section 11501(b) of such title, as so added. 

11 (3) GUIDELINES.—Not later than 2 years after 

12 the date of the enactment of this Act, the Federal 

13 Infrastructure and Common Application Collabora14 tion Center shall establish guidelines in accordance 

15 with section 11501(g) of such title, as so added. 

16 (c) CONFORMING AMENDMENT.—Section 3602(c) of 

17 title 44, United States Code, is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (2); 

20 (2) by redesignating paragraph (3) as para21 graph (4); and 

22 (3) by inserting after paragraph (2) the fol23 lowing new paragraph (3): 


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1 ‘‘(3) all of the functions of the Federal Infra2 structure and Common Application Collaboration 

3 Center, as required under section 11501 of title 40; 

4 and’’. 

5 SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CEN6 TERS OF EXCELLENCE. 

7 (a) DESIGNATION.—Chapter 115 of title 40, United 

8 States Code, as amended by section 401, is further amend9 ed by adding at the end the following new section: 

10 ‘‘SEC. 11502. ASSISTED ACQUISITION CENTERS OF EXCEL11 LENCE. 

12 ‘‘(a) PURPOSE.—The purpose of this section is to de13 velop specialized assisted acquisition centers of excellence 

14 within the Federal Government to serve as a resource for 

15 Federal agencies, available on an optional-use basis, to as16 sist and promote— 

17 ‘‘(1) the effective use of best acquisition prac18 tices; 

19 ‘‘(2) the development of specialized expertise in 

20 the acquisition of information technology; and 

21 ‘‘(3) Governmentwide sharing of acquisition ca22 pability to augment any shortage in the information 

23 technology acquisition workforce. 

24 ‘‘(b) DESIGNATION OF AACES.—Not later than 1 

25 year after the date of the enactment of this section, and 


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1 every 3 years thereafter, the Director of the Office of Man2 agement and Budget, in consultation with the Chief Ac3 quisition Officers Council and the Chief Information Offi4 cers Council, shall designate, redesignate, or withdraw the 

5 designation of acquisition centers of excellence within var6 ious executive agencies to carry out the functions set forth 

7 in subsection (d) in an area of specialized acquisition ex8 pertise as determined by the Director. Each such center 

9 of excellence shall be known as an ‘Assisted Acquisition 

10 Center of Excellence’ or an ‘AACE’. 

11 ‘‘(c) USE OF EXISTING AUTHORITY.—This section 

12 provides no new authority to establish a franchise fund 

13 or revolving fund. 

14 ‘‘(d) FUNCTIONS.—The functions of each AACE are 

15 as follows: 

16 ‘‘(1) BEST PRACTICES.—To promote, develop, 

17 and implement the use of best acquisition practices 

18 in the area of specialized acquisition expertise that 

19 the AACE is designated to carry out by the Director 

20 under subsection (b). 

21 ‘‘(2) ASSISTED ACQUISITIONS.—To assist all 

22 Government agencies in the expedient, strategic, and 

23 cost-effective acquisition of the information tech24 nology goods or services covered by such area of spe25 cialized acquisition expertise by engaging in repeated 


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1 and frequent acquisition of similar information tech2 nology requirements. 

3 ‘‘(3) DEVELOPMENT AND TRAINING OF IT AC4 QUISITION WORKFORCE.—To assist in recruiting and 

5 training IT acquisition cadres (referred to in section 

6 1704(j) of title 41). 

7 ‘‘(e) CRITERIA.—In designating, redesignating, or 

8 withdrawing the designation of an AACE, the Director 

9 shall consider, at a minimum, the following matters: 

10 ‘‘(1) The subject matter expertise of the host 

11 agency in a specific area of information technology 

12 acquisition. 

13 ‘‘(2) For acquisitions of IT infrastructure and 

14 common applications covered by the Federal Infra15 structure and Common Application Collaboration 

16 Center authorized under section 11501 of this title, 

17 the ability and willingness to collaborate with the 

18 Collaboration Center and adhere to the requirements 

19 standards established by the Collaboration Center. 

20 ‘‘(3) The ability of an AACE to develop cus21 tomized requirements documents that meet the 

22 needs of executive agencies as well as the current in23 dustry standards and commercial best practices. 

24 ‘‘(4) The ability of an AACE to consistently 

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1 ery orders, and other acquisition arrangements in a 

2 timely, cost-effective, and compliant manner. 

3 ‘‘(5) The ability of an AACE to aggregate de4 mands from multiple executive agencies for similar 

5 information technology goods or services and fulfill 

6 those demands in one acquisition. 

7 ‘‘(6) The ability of an AACE to acquire innova8 tive or emerging commercial and noncommercial 

9 technologies using various contracting methods, in10 cluding ways to lower the entry barriers for small 

11 businesses with limited Government contracting ex12 periences. 

13 ‘‘(7) The ability of an AACE to maximize com14 mercial item acquisition, effectively manage high-risk 

15 contract types, increase competition, promote small 

16 business participation, and maximize use of available 

17 Governmentwide contracts. 

18 ‘‘(8) The existence of an in-house cost esti19 mating group with expertise to consistently develop 

20 reliable cost estimates that are accurate, comprehen21 sive, well-documented, and credible. 

22 ‘‘(9) The ability of an AACE to employ best 

23 practices and educate requesting agencies, to the 

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1 tors underlying successful major IT acquisitions, in2 cluding the following factors: 

3 ‘‘(A) Active engagement by program offi4 cials with stakeholders. 

5 ‘‘(B) Possession by program staff of the 

6 necessary knowledge and skills. 

7 ‘‘(C) Support of the programs by senior 

8 department and agency executives. 

9 ‘‘(D) Involvement by end users and stake10 holders in the development of requirements. 

11 ‘‘(E) Participation by end users in testing 

12 of system functionality prior to formal end user 

13 acceptance testing. 

14 ‘‘(F) Stability and consistency of Govern15 ment and contractor staff. 

16 ‘‘(G) Prioritization of requirements by pro17 gram staff. 

18 ‘‘(H) Maintenance of regular communica19 tion with the prime contractor by program offi20 cials. 

21 ‘‘(I) Receipt of sufficient funding by pro22 grams. 

23 ‘‘(10) The ability of an AACE to run an effec24 tive acquisition intern program in collaboration with 


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1 the Federal Acquisition Institute or the Defense Ac2 quisition University. 

3 ‘‘(11) The ability of an AACE to effectively and 

4 properly manage fees received for assisted acquisi5 tions pursuant to this section. 

6 ‘‘(f) FUNDS RECEIVED BY AACES.— 

7 ‘‘(1) AVAILABILITY.—Notwithstanding any 

8 other provision of law or regulation, funds obligated 

9 and transferred from an executive agency in a fiscal 

10 year to an AACE for the acquisition of goods or 

11 services covered by an area of specialized acquisition 

12 expertise of an AACE, regardless of whether the re13 quirements are severable or non-severable, shall re14 main available for awards of contracts by the AACE 

15 for the same general requirements for the next 5 fis16 cal years following the fiscal year in which the funds 

17 were transferred. 

18 ‘‘(2) TRANSITION TO NEW AACE.—If the 

19 AACE to which the funds are provided under para20 graph (1) becomes unable to fulfill the requirements 

21 of the executive agency from which the funds were 

22 provided, the funds may be provided to a different 

23 AACE to fulfill such requirements. The funds so 

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1 main available for the same period of time as applied 

2 when provided to the original AACE. 

3 ‘‘(3) RELATIONSHIP TO EXISTING AUTHORI4 TIES.—This subsection does not limit any existing 

5 authorities an AACE may have under its revolving 

6 or working capital funds authorities. 

7 ‘‘(g) GOVERNMENT ACCOUNTABILITY OFFICE RE8 VIEW OF AACE.— 

9 ‘‘(1) REVIEW.—The Comptroller General of the 

10 United States shall review and assess— 

11 ‘‘(A) the use and management of fees re12 ceived by the AACEs pursuant to this section 

13 to ensure that an appropriate fee structure is 

14 established and enforced to cover activities ad15 dressed in this section and that no excess fees 

16 are charged or retained; and 

17 ‘‘(B) the effectiveness of the AACEs in 

18 achieving the purpose described in subsection 

19 (a), including review of contracts. 

20 ‘‘(2) REPORTS.—Not later than 1 year after the 

21 designation or redesignation of AACES under sub22 section (b), the Comptroller General shall submit to 

23 the relevant congressional committees a report con24 taining the findings and assessment under para25 graph (1). 


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1 ‘‘(h) DEFINITIONS.—In this section: 

2 ‘‘(1) ASSISTED ACQUISITION.—The term ‘as3 sisted acquisition’ means a type of interagency ac4 quisition in which the parties enter into an inter5 agency agreement pursuant to which— 

6 ‘‘(A) the servicing agency performs acquisi7 tion activities on the requesting agency’s behalf, 

8 such as awarding, administering, or closing out 

9 a contract, task order, delivery order, or blanket 

10 purchase agreement; and 

11 ‘‘(B) funding is provided through a fran12 chise fund, the Acquisition Services Fund in 

13 section 321 of this title, sections 1535 and 

14 1536 of title 31, or other available methods. 

15 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

16 agency’ has the meaning provided that term by sec17 tion 133 of title 41. 

18 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT19 TEES.—The term ‘relevant congressional commit20 tees’ has the meaning provided that term by section 

21 11501 of this title. 

22 ‘‘(i) REVISION OF FAR.—The Federal Acquisition 

23 Regulation shall be amended to implement this section.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 115 of title 40, United States 


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1 Code, as amended by section 401, is further amended by 

2 adding at the end the following new item: 

‘‘11502. Assisted Acquisition Centers of Excellence.’’. 

3 Subtitle B—Strengthening IT 

4 Acquisition Workforce 

5 SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMA6 TION TECHNOLOGY ACQUISITION CADRES. 

7 (a) PURPOSE.—The purpose of this section is to en8 sure timely progress by Federal agencies toward devel9 oping, strengthening, and deploying personnel with highly 

10 specialized skills in information technology acquisition, in11 cluding program and project managers, to be known as 

12 information technology acquisition cadres. 

13 (b) REPORT TO CONGRESS.—Section 1704 of title 

14 41, United States Code, is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(j) STRATEGIC PLAN ON INFORMATION TECH17 NOLOGY ACQUISITION CADRES.— 

18 ‘‘(1) FIVE-YEAR STRATEGIC PLAN TO CON19 GRESS.—Not later than June 1 following the date of 

20 the enactment of this subsection, the Director shall 

21 submit to the relevant congressional committees a 5- 

22 year strategic plan (to be known as the ‘IT Acquisi23 tion Cadres Strategic Plan’) to develop, strengthen, 

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1 tation of the plan and identification of individuals 

2 responsible for specific elements of the plan during 

3 the 5-year period covered by the plan. 

4 ‘‘(2) MATTERS COVERED.—The plan shall ad5 dress, at a minimum, the following matters: 

6 ‘‘(A) Current information technology ac7 quisition staffing challenges in Federal agen8 cies, by previous year’s information technology 

9 acquisition value, and by the Federal Govern10 ment as a whole. 

11 ‘‘(B) The variety and complexity of infor12 mation technology acquisitions conducted by 

13 each Federal agency covered by the plan, and 

14 the specialized information technology acquisi15 tion workforce needed to effectively carry out 

16 such acquisitions. 

17 ‘‘(C) The development of a sustainable 

18 funding model to support efforts to hire, retain, 

19 and train an information technology acquisition 

20 cadre of appropriate size and skill to effectively 

21 carry out the acquisition programs of the Fed22 eral agencies covered by the plan, including an 

23 examination of interagency funding methods 

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1 fense Acquisition Workforce Development Fund 

2 could be applied to civilian agencies. 

3 ‘‘(D) Any strategic human capital planning 

4 necessary to hire, retain, and train an informa5 tion acquisition cadre of appropriate size and 

6 skill at each Federal agency covered by the 

7 plan. 

8 ‘‘(E) Governmentwide training standards 

9 and certification requirements necessary to en10 hance the mobility and career opportunities of 

11 the Federal information technology acquisition 

12 cadre within the Federal agencies covered by 

13 the plan. 

14 ‘‘(F) New and innovative approaches to 

15 workforce development and training, including 

16 cross-functional training, rotational develop17 ment, and assignments both within and outside 

18 the Government. 

19 ‘‘(G) Appropriate consideration and align20 ment with the needs and priorities of the Infra21 structure and Common Application Collabora22 tion Center, Assisted Acquisition Centers of Ex23 cellence, and acquisition intern programs. 

24 ‘‘(H) Assessment of the current workforce 

25 competency and usage trends in evaluation 


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1 technique to obtain best value, including proper 

2 handling of tradeoffs between price and 

3 nonprice factors. 

4 ‘‘(I) Assessment of the current workforce 

5 competency in designing and aligning perform6 ance goals, life cycle costs, and contract incen7 tives. 

8 ‘‘(J) Assessment of the current workforce 

9 competency in avoiding brand-name preference 

10 and using industry-neutral functional specifica11 tions to leverage open industry standards and 

12 competition. 

13 ‘‘(K) Use of integrated program teams, in14 cluding fully dedicated program managers, for 

15 each complex information technology invest16 ment. 

17 ‘‘(L) Proper assignment of recognition or 

18 accountability to the members of an integrated 

19 program team for both individual functional 

20 goals and overall program success or failure. 

21 ‘‘(M) The development of a technology fel22 lows program that includes provisions for re23 cruiting, for rotation of assignments, and for 

24 partnering directly with universities with well25 recognized information technology programs. 


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1 ‘‘(N) The capability to properly manage 

2 other transaction authority (where such author3 ity is granted), including ensuring that the use 

4 of the authority is warranted due to unique 

5 technical challenges, rapid adoption of innova6 tive or emerging commercial or noncommercial 

7 technologies, or other circumstances that can8 not readily be satisfied using a contract, grant, 

9 or cooperative agreement in accordance with ap10 plicable law and the Federal Acquisition Regu11 lation. 

12 ‘‘(O) The use of student internship and 

13 scholarship programs as a talent pool for per14 manent hires and the use and impact of special 

15 hiring authorities and flexibilities to recruit di16 verse candidates. 

17 ‘‘(P) The assessment of hiring manager 

18 satisfaction with the hiring process and hiring 

19 outcomes, including satisfaction with the quality 

20 of applicants interviewed and hires made. 

21 ‘‘(Q) The assessment of applicant satisfac22 tion with the hiring process, including the clar23 ity of the hiring announcement, the user-friend24 liness of the application process, communication 

25 from the hiring manager or agency regarding 


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1 application status, and timeliness of the hiring 

2 decision. 

3 ‘‘(R) The assessment of new hire satisfac4 tion with the onboarding process, including the 

5 orientation process, and investment in training 

6 and development for employees during their 

7 first year of employment. 

8 ‘‘(S) Any other matters the Director con9 siders appropriate. 

10 ‘‘(3) ANNUAL REPORT.—Not later than June 1 

11 in each of the 5 years following the year of submis12 sion of the plan required by paragraph (1), the Di13 rector shall submit to the relevant congressional 

14 committees an annual report outlining the progress 

15 made pursuant to the plan. 

16 ‘‘(4) GOVERNMENT ACCOUNTABILITY OFFICE

17 REVIEW OF THE PLAN AND ANNUAL REPORT.— 

18 ‘‘(A) Not later than 1 year after the sub19 mission of the plan required by paragraph (1), 

20 the Comptroller General of the United States 

21 shall review the plan and submit to the relevant 

22 congressional committees a report on the re23 view. 

24 ‘‘(B) Not later than 6 months after the 

25 submission of the first, third, and fifth annual 


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1 report required under paragraph (3), the Comp2 troller General shall independently assess the 

3 findings of the annual report and brief the rel4 evant congressional committees on the Comp5 troller General’s findings and recommendations 

6 to ensure the objectives of the plan are accom7 plished. 

8 ‘‘(5) DEFINITIONS.—In this subsection: 

9 ‘‘(A) The term ‘Federal agency’ means 

10 each agency listed in section 901(b) of title 31. 

11 ‘‘(B) The term ‘relevant congressional 

12 committees’ means each of the following: 

13 ‘‘(i) The Committee on Oversight and 

14 Government Reform and the Committee on 

15 Armed Services of the House of Represent16 atives. 

17 ‘‘(ii) The Committee on Homeland Se18 curity and Governmental Affairs and the 

19 Committee on Armed Services of the Sen20 ate.’’. 

21 SEC. 412. PLAN ON STRENGTHENING PROGRAM AND 

22 PROJECT MANAGEMENT PERFORMANCE. 

23 (a) PLAN ON STRENGTHENING PROGRAM AND

24 PROJECT MANAGEMENT PERFORMANCE.—Not later than 

25 June 1 following the date of the enactment of this Act, 


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1 the Director, in consultation with the Director of the Of2 fice of Personnel Management, shall submit to the relevant 

3 congressional committees a plan for improving manage4 ment of IT programs and projects. 

5 (b) MATTERS COVERED.—The plan required by sub6 section (a) shall include, at a minimum, the following: 

7 (1) Creation of a specialized career path for 

8 program management. 

9 (2) The development of a competency model for 

10 program management consistent with the IT project 

11 manager model. 

12 (3) A career advancement model that requires 

13 appropriate expertise and experience for advance14 ment. 

15 (4) A career advancement model that is more 

16 competitive with the private sector and that recog17 nizes both Government and private sector experi18 ence. 

19 (5) Appropriate consideration and alignment 

20 with the needs and priorities of the Infrastructure 

21 and Common Application Collaboration Center, the 

22 Assisted Acquisition Centers of Excellence, and ac23 quisition intern programs. 

24 (c) COMBINATION WITH OTHER CADRES PLAN.— 

25 The Director may combine the plan required by subsection 


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1 (a) with the IT Acquisition Cadres Strategic Plan required 

2 under section 1704(j) of title 41, United States Code, as 

3 added by section 411. 

4 SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE 

5 ACQUISITION OF INFORMATION SYSTEMS 

6 AND INFORMATION TECHNOLOGY. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Director of the Of9 fice of Personnel Management shall develop policy and 

10 guidance for agencies to develop a program to recognize 

11 excellent performance by Federal Government employees 

12 and teams of such employees in the acquisition of informa13 tion systems and information technology for the agency. 

14 (b) ELEMENTS.—The program referred to in sub15 section (a) shall, to the extent practicable— 

16 (1) obtain objective outcome measures; and 

17 (2) include procedures for— 

18 (A) the nomination of Federal Government 

19 employees and teams of such employees for eli20 gibility for recognition under the program; and 

21 (B) the evaluation of nominations for rec22 ognition under the program by 1 or more agen23 cy panels of individuals from Government, aca24 demia, and the private sector who have such ex25 pertise, and are appointed in such a manner, as 


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1 the Director of the Office of Personal Manage2 ment shall establish for purposes of the pro3 gram. 

4 (c) AWARD OF CASH BONUSES AND OTHER INCEN5 TIVES.—In carrying out the program referred to in sub6 section (a), the Director of the Office of Personnel Man7 agement, in consultation with the Director of the Office 

8 of Management and Budget, shall establish policies and 

9 guidance for agencies to reward any Federal Government 

10 employee or teams of such employees recognized pursuant 

11 to the program— 

12 (1) with a cash bonus, to the extent that the 

13 performance of such individual or team warrants the 

14 award of such bonus and is authorized by any provi15 sion of law; 

16 (2) through promotions and other nonmonetary 

17 awards; 

18 (3) by publicizing— 

19 (A) acquisition accomplishments by indi20 vidual employees; and 

21 (B) the tangible end benefits that resulted 

22 from such accomplishments, as appropriate; 

23 and 


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1 (4) through other awards, incentives, or bo2 nuses that the head of the agency considers appro3 priate. 

4 TITLE V—ADDITIONAL REFORMS 

5 SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL 

6 STRATEGIC SOURCING INITIATIVE. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Administrator for Federal Procure9 ment Policy shall prescribe regulations providing that 

10 when the Federal Government makes a purchase of serv11 ices and supplies offered under the Federal Strategic 

12 Sourcing Initiative (managed by the Office of Federal Pro13 curement Policy) but such Initiative is not used, the con14 tract file for the purchase shall include a brief analysis 

15 of the comparative value, including price and nonprice fac16 tors, between the services and supplies offered under such 

17 Initiative and services and supplies offered under the 

18 source or sources used for the purchase. 

19 SEC. 502. GOVERNMENTWIDE SOFTWARE PURCHASING 

20 PROGRAM. 

21 (a) IN GENERAL.—The Administrator of General 

22 Services, in collaboration with the Department of Defense, 

23 shall identify and develop a strategic sourcing initiative 

24 to enhance Governmentwide acquisition, shared use, and 


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1 dissemination of software, as well as compliance with end 

2 user license agreements. 

3 (b) EXAMINATION OF METHODS.—In developing the 

4 initiative under subsection (a), the Administrator shall ex5 amine the use of realistic and effective demand aggrega6 tion models supported by actual agency commitment to 

7 use the models, and supplier relationship management 

8 practices, to more effectively govern the Government’s ac9 quisition of information technology. 

10 (c) GOVERNMENTWIDE USER LICENSE AGREE11 MENT.—The Administrator, in developing the initiative 

12 under subsection (a), shall allow for the purchase of a li13 cense agreement that is available for use by all executive 

14 agencies as one user to the maximum extent practicable 

15 and as appropriate. 

16 SEC. 503. PROMOTING TRANSPARENCY OF BLANKET PUR17 CHASE AGREEMENTS. 

18 (a) PRICE INFORMATION TO BE TREATED AS PUB19 LIC INFORMATION.—The final negotiated price offered by 

20 an awardee of a blanket purchase agreement shall be 

21 treated as public information. 

22 (b) PUBLICATION OF BLANKET PURCHASE AGREE23 MENT INFORMATION.—Not later than 180 days after the 

24 date of the enactment of this Act, the Administrator of 

25 General Services shall make available to the public a list 


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1 of all blanket purchase agreements entered into by Federal 

2 agencies under its Federal Supply Schedules contracts and 

3 the prices associated with those blanket purchase agree4 ments. The list and price information shall be updated at 

5 least once every 6 months. 

6 SEC. 504. ADDITIONAL SOURCE SELECTION TECHNIQUE IN 

7 SOLICITATIONS. 

8 Section 3306(d) of title 41, United States Code, is 

9 amended— 

10 (1) by striking ‘‘or’’ at the end of paragraph 

11 (1); 

12 (2) by striking the period and inserting ‘‘; or’’ 

13 at the end of paragraph (2); and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) stating in the solicitation that the award 

17 will be made using a fixed price technical competi18 tion, under which all offerors compete solely on 

19 nonprice factors and the fixed award price is pre-an20 nounced in the solicitation.’’. 

21 SEC. 505. ENHANCED TRANSPARENCY IN INFORMATION 

22 TECHNOLOGY INVESTMENTS. 

23 (a) PUBLIC AVAILABILITY OF INFORMATION ABOUT

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

25 States Code, is amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); and 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) PUBLIC AVAILABILITY.— 

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

7 make available to the public the cost, schedule, 

8 and performance data for all of the IT invest9 ments listed in subparagraph (B), notwith10 standing whether the investments are for new 

11 IT acquisitions or for operations and mainte12 nance of existing IT. 

13 ‘‘(B) INVESTMENTS LISTED.—The invest14 ments listed in this subparagraph are the fol15 lowing: 

16 ‘‘(i) At least 80 percent (by dollar 

17 value) of all information technology invest18 ments Governmentwide. 

19 ‘‘(ii) At least 60 percent (by dollar 

20 value) of all information technology invest21 ments in each Federal agency listed in sec22 tion 901(b) of title 31. 

23 ‘‘(iii) Every major information tech24 nology investment (as defined by the Office 

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1 eral agency listed in section 901(b) of title 

2 31. 

3 ‘‘(C) QUARTERLY REVIEW AND CERTIFI4 CATION.—For each investment listed in sub5 paragraph (B), the agency Chief Information 

6 Officer and the program manager of the invest7 ment within the agency shall certify, at least 

8 once every quarter, that the information is cur9 rent, accurate, and reflects the risks associated 

10 with each listed investment. The Director shall 

11 conduct quarterly reviews and publicly identify 

12 agencies with an incomplete certification or 

13 with significant data quality issues. 

14 ‘‘(D) CONTINUOUS AVAILABILITY.—The 

15 information required under subparagraph (A), 

16 in its most updated form, shall be publicly 

17 available at all times. 

18 ‘‘(E) WAIVER OR LIMITATION AUTHOR19 ITY.—The applicability of subparagraph (A) 

20 may be waived or the extent of the information 

21 may be limited— 

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

23 IT investments Governmentwide; and 


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1 ‘‘(ii) by the Chief Information Officer 

2 of a Federal agency, with respect to IT in3 vestments in that agency; 

4 if the Director or the Chief Information Officer, 

5 as the case may be, determines that such a 

6 waiver or limitation is in the national security 

7 interests of the United States.’’. 

8 (b) ADDITIONAL REPORT REQUIREMENTS.—Para9 graph (3) of section 11302(c) of such title, as redesignated 

10 by subsection (a), is amended by adding at the end the 

11 following: ‘‘The report shall include an analysis of agency 

12 trends reflected in the performance risk information re13 quired in paragraph (2).’’. 

14 SEC. 506. ENHANCED COMMUNICATION BETWEEN GOVERN15 MENT AND INDUSTRY. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Federal Acquisition Regulatory 

18 Council shall prescribe a regulation making clear that 

19 agency acquisition personnel are permitted and encour20 aged to engage in responsible and constructive exchanges 

21 with industry, so long as those exchanges are consistent 

22 with existing law and regulation and do not promote an 

23 unfair competitive advantage to particular firms. 


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1 SEC. 507. CLARIFICATION OF CURRENT LAW WITH RE2 SPECT TO TECHNOLOGY NEUTRALITY IN AC3 QUISITION OF SOFTWARE. 

4 (a) PURPOSE.—The purpose of this section is to es5 tablish guidance and processes to clarify that software ac6 quisitions by the Federal Government are to be made 

7 using merit-based requirements development and evalua8 tion processes that promote procurement choices— 

9 (1) based on performance and value, including 

10 the long-term value proposition to the Federal Gov11 ernment; 

12 (2) free of preconceived preferences based on 

13 how technology is developed, licensed, or distributed; 

14 and 

15 (3) generally including the consideration of pro16 prietary, open source, and mixed source software 

17 technologies. 

18 (b) TECHNOLOGY NEUTRALITY.—Nothing in this 

19 section shall be construed to modify the Federal Govern20 ment’s long-standing policy of following technology-neu21 tral principles and practices when selecting and acquiring 

22 information technology that best fits the needs of the Fed23 eral Government. 

24 (c) GUIDANCE.—Not later than 180 days after the 

25 date of the enactment of this Act, the Director, in con26 sultation with the Chief Information Officers Council, 


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1 shall issue guidance concerning the technology-neutral 

2 procurement and use of software within the Federal Gov3 ernment. 

4 (d) MATTERS COVERED.—In issuing guidance under 

5 subsection (c), the Director shall include, at a minimum, 

6 the following: 

7 (1) Guidance to clarify that the preference for 

8 commercial items in section 3307 of title 41, United 

9 States Code, includes proprietary, open source, and 

10 mixed source software that meets the definition of 

11 the term ‘‘commercial item’’ in section 103 of title 

12 41, United States Code, including all such software 

13 that is used for non-Government purposes and is li14 censed to the public. 

15 (2) Guidance regarding the conduct of market 

16 research to ensure the inclusion of proprietary, open 

17 source, and mixed source software options. 

18 (3) Guidance to define Governmentwide stand19 ards for security, redistribution, indemnity, and 

20 copyright in the acquisition, use, release, and col21 laborative development of proprietary, open source, 

22 and mixed source software. 

23 (4) Guidance for the adoption of available com24 mercial practices to acquire proprietary, open source, 

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1 ment use, including issues such as security and re2 distribution rights. 

3 (5) Guidance to establish standard service level 

4 agreements for maintenance and support for propri5 etary, open source, and mixed source software prod6 ucts widely adopted by the Government, as well as 

7 the development of Governmentwide agreements that 

8 contain standard and widely applicable contract pro9 visions for ongoing maintenance and development of 

10 software. 

11 (6) Guidance on the role and use of the Federal 

12 Infrastructure and Common Application Collabora13 tion Center, authorized under section 11501 of title 

14 40, United States Code (as added by section 401), 

15 for acquisition of proprietary, open source, and 

16 mixed source software. 

17 (e) REPORT TO CONGRESS.—Not later than 2 years 

18 after the issuance of the guidance required by subsection 

19 (b), the Comptroller General of the United States shall 

20 submit to the relevant congressional committees a report 

21 containing— 

22 (1) an assessment of the effectiveness of the 

23 guidance; 


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1 (2) an identification of barriers to widespread 

2 use by the Federal Government of specific software 

3 technologies; and 

4 (3) such legislative recommendations as the 

5 Comptroller General considers appropriate to further 

6 the purposes of this section. 

7 SEC. 508. NO ADDITIONAL FUNDS AUTHORIZED. 

8 Except as provided in section 11501(i) of title 40, 

9 United States Code, as added by section 401, no addi10 tional funds are authorized to carry out the requirements 

11 of this Act and the amendments made by this Act. Such 

12 requirements shall be carried out using amounts otherwise 

13 authorized or appropriated. 

Passed the House of Representatives February 25, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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