IB 

Union Calendar No. 267 

113TH CONGRESS 

2D SESSION H. R. 1232 

[Report No. 113–359] 

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

and waste in information technology acquisition and management. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2013 

Mr. ISSA (for himself and Mr. CONNOLLY) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform 

FEBRUARY 25, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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

eliminate duplication and waste in information technology acquisition and management. 


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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 Acquisition Reform Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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 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. Establishment of Federal Infrastructure and Common Application 

Collaboration Center. 

Sec. 402. Designation of Assisted Acquisition Centers of Excellence. 

Subtitle B—Strengthening IT Acquisition Workforce 


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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. Promoting transparency of blanket purchase agreements. 

Sec. 503. Additional source selection technique in solicitations. 

Sec. 504. Enhanced transparency in information technology investments. 

Sec. 505. Enhanced communication between Government and industry. 

Sec. 506. Clarification of current law with respect to open source software. 

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) INFORMATION TECHNOLOGY OR IT.—The 

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

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

10 United States Code. 

11 (7) RELEVANT CONGRESSIONAL COMMIT12 TEES.—The term ‘‘relevant congressional commit13 tees’’ means each of the following: 

14 (A) The Committee on Oversight and Gov15 ernment Reform and the Committee on Armed 

16 Services of the House of Representatives. 

17 (B) The Committee on Homeland Security 

18 and Governmental Affairs and the Committee 

19 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, other 

21 than the Department of Defense, an agency Chief 

22 Information Officer. Each agency Chief Information 

23 Officer shall— 

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


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

2 consultation with the head of the agency; and 

3 ‘‘(B) be appointed or designated, as appli4 cable, from among individuals who possess dem5 onstrated ability in general management of, and 

6 knowledge of and extensive practical experience 

7 in, information technology management prac8 tices in large governmental or business entities. 

9 ‘‘(2) RESPONSIBILITIES.—An agency Chief In10 formation Officer appointed or designated under this 

11 section shall report directly to the head of the agen12 cy and carry out responsibilities as set forth in this 

13 section and in section 3506(a) of title 44 for Chief 

14 Information Officers designated under paragraph (2) 

15 of such section.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 3506(a)(2)(A) of title 44, United States Code, is 

18 amended by inserting after ‘‘each agency’’ the fol19 lowing: ‘‘, other than an agency with a Presidentially 

20 appointed or designated Chief Information Officer as 

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

22 (b) AUTHORITY RELATING TO BUDGET AND PER23 SONNEL.—Section 11315 of title 40, United States Code, 

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

25 following new subsection: 


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1 ‘‘(d) ADDITIONAL AUTHORITIES FOR CERTAIN

2 CIOS.— 

3 ‘‘(1) BUDGET-RELATED AUTHORITY.— 

4 ‘‘(A) PLANNING.—The head of each agen5 cy listed in section 901(b)(1) or 901(b)(2) of 

6 title 31, other than the Department of Defense, 

7 shall ensure that the Chief Information Officer 

8 of the agency has the authority to participate 

9 and provide input in the budget planning proc10 ess related to information technology or pro11 grams that include significant information tech12 nology components. 

13 ‘‘(B) ALLOCATION.—Amounts appro14 priated for any agency listed in section 

15 901(b)(1) or 901(b)(2) of title 31, other than 

16 the Department of Defense, for any fiscal year 

17 that are available for information technology 

18 shall be allocated within the agency, consistent 

19 with the provisions of appropriations Acts and 

20 budget guidelines and recommendations from 

21 the Director of the Office of Management and 

22 Budget, in such manner as may be specified by, 

23 or approved by, the Chief Information Officer 

24 of the agency. 


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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 approve the hiring of personnel who will have infor7 mation technology responsibilities within the agency 

8 and to require that such personnel have the obliga9 tion to report to the Chief Information Officer in a 

10 manner considered sufficient by the Chief Informa11 tion Officer.’’. 

12 (c) REQUIREMENT TO SEEK ADVICE FROM CHIEF

13 INFORMATION OFFICER ON DESIGNATION OR APPOINT14 MENT OF OTHER CHIEF INFORMATION OFFICERS.— 

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 

21 with the title and designation of ‘Chief Information 

22 Officer’. Any bureau, office, or subordinate organiza23 tion within the agency may designate one individual 

24 with the title ‘Deputy Chief Information Officer’, 

25 ‘Associate Chief Information Officer’, or ‘Assistant 


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1 Chief Information Officer’. The head of the agency 

2 shall seek the advice of the Chief Information Offi3 cer of the agency in designating or appointing any 

4 deputy, associate, or assistant chief information offi5 cer within the agency.’’. 

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

7 of title 44, United States Code, as added by para8 graph (1), shall take effect as of October 1, 2014. 

9 Any individual serving in a position affected by such 

10 section before such date may continue in that posi11 tion if the requirements of such section are fulfilled 

12 with respect to that individual. 

13 SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMA14 TION OFFICERS COUNCIL. 

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

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

17 to read as follows: 

18 ‘‘(d) LEAD INTERAGENCY FORUM.— 

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

20 the lead interagency forum for improving agency co21 ordination of practices related to the design, develop22 ment, modernization, use, operation, sharing, per23 formance, and review of Federal Government infor24 mation resources investment. As the lead inter25 agency forum, the Council shall develop cross-agency 


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1 portfolio management practices to allow and encour2 age the development of cross-agency shared services 

3 and shared platforms. The Council shall also issue 

4 standards and practices for infrastructure and com5 mon information technology applications, including 

6 expansion of the Federal Enterprise Architecture 

7 process if appropriate. The standards and practices 

8 may address broader transparency, common inputs, 

9 common outputs, and outcomes achieved. The stand10 ards and practices shall be used as a basis for com11 paring performance across diverse missions and op12 erations in various agencies. 

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

14 each of the 6 years following the date of the enact15 ment of this paragraph, the Council shall submit to 

16 the relevant congressional committees a report (to be 

17 known as the ‘CIO Council Report’) summarizing 

18 the Council’s activities in the preceding fiscal year 

19 and containing such recommendations for further 

20 congressional action to fulfill its mission as the 

21 Council considers appropriate. 

22 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT23 TEES.—For purposes of the report required by para24 graph (2), the relevant congressional committees are 

25 each of the following: 


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1 ‘‘(A) The Committee on Oversight and 

2 Government Reform and the Committee on 

3 Armed Services of the House of Representa4 tives. 

5 ‘‘(B) The Committee on Homeland Secu6 rity and Governmental Affairs and the Com7 mittee on Armed Services of the Senate.’’. 

8 (b) ADDITIONAL FUNCTION.—Subsection (f) of sec9 tion 3603 of such title is amended by adding at the end 

10 the following new paragraph: 

11 ‘‘(8) Direct the Federal Infrastructure and 

12 Common Application Collaboration Center estab13 lished under section 11501 of title 40.’’. 

14 SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY OF15 FICE. 

16 (a) REQUIREMENT TO EXAMINE EFFECTIVENESS.— 

17 The Comptroller General of the United States shall exam18 ine the effectiveness of the Chief Information Officers 

19 Council in meeting its responsibilities under section 

20 3603(d) of title 44, United States Code, as added by sec21 tion 102, with particular focus on— 

22 (1) whether agencies are actively participating 

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

24 guidance; and 


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1 (2) whether the Council is actively using and 

2 developing the capabilities of the Federal Infrastruc3 ture and Common Application Collaboration Center 

4 created under section 11501 of title 40, United 

5 States Code, as added by section 401. 

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

7 5 years after the date of the enactment of this Act, the 

8 Comptroller General shall submit to the relevant congres9 sional committees a report containing the findings and 

10 recommendations of the Comptroller General from the ex11 amination required by subsection (a). 

12 TITLE II—DATA CENTER 

13 OPTIMIZATION 

14 SEC. 201. PURPOSE. 

15 The purpose of this title is to optimize Federal data 

16 center usage and efficiency. 

17 SEC. 202. DEFINITIONS. 

18 In this title: 

19 (1) FEDERAL DATA CENTER OPTIMIZATION INI20 TIATIVE.—The term ‘‘Federal Data Center Optimi21 zation Initiative’’ or the ‘‘Initiative’’ means the ini22 tiative developed and implemented by the Director, 

23 through the Federal Chief Information Officer, as 

24 required under section 203. 


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

2 agency’’ means any agency included in the Federal 

3 Data Center Optimization Initiative. 

4 (3) FEDERAL CHIEF INFORMATION OFFICER.— 

5 The term ‘‘Federal Chief Information Officer’’ 

6 means the Administrator of the Office of Electronic 

7 Government established under section 3602 of title 

8 44, United States Code. 

9 (4) DATA CENTER.—The term ‘‘data center’’ 

10 means a closet, room, floor, or building for the stor11 age, management, and dissemination of data and in12 formation, as defined by the Federal Chief Informa13 tion Officer under guidance issued pursuant to this 

14 section. 

15 (5) FEDERAL DATA CENTER.—The term ‘‘Fed16 eral data center’’ means any data center of a cov17 ered agency used or operated by a covered agency, 

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

19 organization on behalf of a covered agency. 

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

21 utilization’’ refers to the activity level of a server rel22 ative to its maximum activity level, expressed as a 

23 percentage. 

24 (7) POWER USAGE EFFECTIVENESS.—The term 

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1 tained by dividing the total amount of electricity and 

2 other power consumed in running a data center by 

3 the power consumed by the information and commu4 nications technology in the data center. 

5 SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIA6 TIVE. 

7 (a) REQUIREMENT FOR INITIATIVE.—The Federal 

8 Chief Information Officer, in consultation with the chief 

9 information officers of covered agencies, shall develop and 

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

11 Center Optimization Initiative, to optimize the usage and 

12 efficiency of Federal data centers by meeting the require13 ments of this Act and taking additional measures, as ap14 propriate. 

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

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

17 Chief Information Officer, in consultation with the chief 

18 information officers of covered agencies, shall develop and 

19 submit to Congress a plan for implementation of the Ini20 tiative required by subsection (a) by each covered agency. 

21 In developing the plan, the Federal Chief Information Of22 ficer shall take into account the findings and recommenda23 tions of the Comptroller General review required by sec24 tion 205(e). 

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


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1 (1) descriptions of how covered agencies will 

2 use reductions in floor space, energy use, infrastruc3 ture, equipment, applications, personnel, increases in 

4 multiorganizational use, and other appropriate meth5 ods to meet the requirements of the initiative; and 

6 (2) appropriate consideration of shifting Feder7 ally owned data centers to commercially owned data 

8 centers. 

9 SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO 

10 DATA CENTER CONSOLIDATION. 

11 (a) SERVER UTILIZATION.—Each covered agency 

12 may use the following methods to achieve the maximum 

13 server utilization possible as determined by the Federal 

14 Chief Information Officer: 

15 (1) The closing of existing data centers that 

16 lack adequate server utilization, as determined by 

17 the Federal Chief Information Officer. If the agency 

18 fails to close such data centers, the agency shall pro19 vide a detailed explanation as to why this data cen20 ter should remain in use as part of the submitted 

21 plan. The Federal Chief Information Officer shall in22 clude an assessment of the agency explanation in the 

23 annual report to Congress. 

24 (2) The consolidation of services within existing 

25 data centers to increase server utilization rates. 


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1 (3) Any other method that the Federal Chief 

2 Information Officer, in consultation with the chief 

3 information officers of covered agencies, determines 

4 necessary to optimize server utilization. 

5 (b) POWER USAGE EFFECTIVENESS.—Each covered 

6 agency may use the following methods to achieve the max7 imum energy efficiency possible as determined by the Fed8 eral Chief Information Officer: 

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

10 effectiveness to calculate data center energy effi11 ciency. 

12 (2) The use of power meters in data centers to 

13 frequently measure power consumption over time. 

14 (3) The establishment of power usage effective15 ness goals for each data center. 

16 (4) The adoption of best practices for man17 aging— 

18 (A) temperature and airflow in data cen19 ters; and 

20 (B) power supply efficiency. 

21 (5) The implementation of any other method 

22 that the Federal Chief Information Officer, in con23 sultation with the Chief Information Officers of cov24 ered agencies, determines necessary to optimize data 

25 center energy efficiency. 


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1 SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTI2 MIZATION. 

3 (a) REQUIREMENT TO TRACK COSTS.—Each covered 

4 agency shall track costs resulting from implementation of 

5 the Federal Data Center Optimization Initiative within 

6 the agency and submit a report on those costs annually 

7 to the Federal Chief Information Officer. Covered agencies 

8 shall determine the net costs from data consolidation on 

9 an annual basis. 

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

11 year under subsection (a), a covered agency shall use 

12 the following factors: 

13 (A) Energy costs. 

14 (B) Personnel costs. 

15 (C) Real estate costs. 

16 (D) Capital expense costs. 

17 (E) Operating system, database, and other 

18 software license expense costs. 

19 (F) Other appropriate costs, as determined 

20 by the agency in consultation with the Federal 

21 Chief Information Officer. 

22 (b) REQUIREMENT TO TRACK SAVINGS.—Each cov23 ered agency shall track savings resulting from implemen24 tation of the Federal Data Center Optimization Initiative 

25 within the agency and submit a report on those savings 

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1 ered agencies shall determine the net savings from data 

2 consolidation on an annual basis. 

3 (1) FACTORS.—In calculating net savings each 

4 year under subsection (b), a covered agency shall use 

5 the following factors: 

6 (A) Energy savings. 

7 (B) Personnel savings. 

8 (C) Real estate savings. 

9 (D) Capital expense savings. 

10 (E) Operating system, database, and other 

11 software license expense savings. 

12 (F) Other appropriate savings, as deter13 mined by the agency in consultation with the 

14 Federal Chief Information Officer. 

15 (c) REQUIREMENT TO USE COST-EFFECTIVE MEAS16 URES.—Covered agencies shall use the most cost-effective 

17 measures to implement the Federal Data Center Optimi18 zation Initiative. 

19 (d) USE OF SAVINGS.—Any savings resulting from 

20 implementation of the Federal Data Center Optimization 

21 Initiative within a covered agency shall be used for the 

22 following purposes: 

23 (1) To offset the costs of implementing the Ini24 tiative within the agency. 


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1 (2) To further enhance information technology 

2 capabilities and services within the agency. 

3 (e) GOVERNMENT ACCOUNTABILITY OFFICE RE4 VIEW.—Not later than 3 months after the date of the en5 actment of this Act, the Comptroller General of the United 

6 States shall examine methods for calculating savings from 

7 the Initiative and using them for the purposes identified 

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

9 special revolving fund that supports data centers and serv10 er optimization, and shall submit to the Federal Chief In11 formation Officer and Congress a report on the Comp12 troller General’s findings and recommendations. 

13 SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND 

14 THE FEDERAL CHIEF INFORMATION OFFI15 CER. 

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

17 Each year, each covered agency shall submit to the Fed18 eral Chief Information Officer a report on the implementa19 tion of the Federal Data Center Optimization Initiative, 

20 including savings resulting from such implementation. The 

21 report shall include an update of the agency’s plan for im22 plementing the Initiative. 

23 (b) FEDERAL CHIEF INFORMATION OFFICER RE24 QUIREMENT TO REPORT TO CONGRESS.—Each year, the 

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1 evant congressional committees a report that assesses 

2 agency progress in carrying out the Federal Data Center 

3 Optimization Initiative and updates the plan under section 

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

5 report required under section 3606 of title 44, United 

6 States Code. 

7 TITLE III—ELIMINATION OF DU8 PLICATION AND WASTE IN IN9 FORMATION TECHNOLOGY 

10 ACQUISITION 

11 SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY AS12 SETS. 

13 (a) PLAN.—The Director shall develop a plan for con14 ducting a Governmentwide inventory of information tech15 nology assets. 

16 (b) MATTERS COVERED.—The plan required by sub17 section (a) shall cover the following: 

18 (1) The manner in which Federal agencies can 

19 achieve the greatest possible economies of scale and 

20 cost savings in the procurement of information tech21 nology assets, through measures such as reducing 

22 hardware or software products or services that are 

23 duplicative or overlapping and reducing the procure24 ment of new software licenses until such time as 


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1 agency needs exceed the number of existing and un2 used licenses. 

3 (2) The capability to conduct ongoing Govern4 mentwide inventories of all existing software licenses 

5 on an application-by-application basis, including du6 plicative, unused, overused, and underused licenses, 

7 and to assess the need of agencies for software li8 censes. 

9 (3) A Governmentwide spending analysis to 

10 provide knowledge about how much is being spent 

11 for software products or services to support deci12 sions for strategic sourcing under the Federal stra13 tegic sourcing program managed by the Office of 

14 Federal Procurement Policy. 

15 (c) OTHER INVENTORIES.—In developing the plan re16 quired by subsection (a), the Director shall review the in17 ventory of information systems maintained by each agency 

18 under section 3505(c) of title 44, United States Code, and 

19 the inventory of information resources maintained by each 

20 agency under section 3506(b)(4) of such title. 

21 (d) AVAILABILITY.—The inventory of information 

22 technology assets shall be available to Chief Information 

23 Officers and such other Federal officials as the Chief In24 formation Officers may, in consultation with the Chief In25 formation Officers Council, designate. 


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1 (e) DEADLINE AND SUBMISSION TO CONGRESS.— 

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

3 of this Act, the Director shall complete and submit to Con4 gress the plan required by subsection (a). 

5 (f) IMPLEMENTATION.—Not later than two years 

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

7 shall complete implementation of the plan required by sub8 section (a). 

9 (g) REVIEW BY COMPTROLLER GENERAL.—Not later 

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

11 the Comptroller General of the United States shall review 

12 the plan required by subsection (a) and submit to the rel13 evant congressional committees a report on the review. 

14 SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY. 

15 (a) WEBSITE CONSOLIDATION.—The Director 

16 shall— 

17 (1) in consultation with Federal agencies, and 

18 after reviewing the directory of public Federal Gov19 ernment websites of each agency (as required to be 

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

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

22 347; 44 U.S.C. 3501 note)), assess all the publicly 

23 available websites of Federal agencies to determine 

24 whether there are duplicative or overlapping 

25 websites; and 


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1 (2) require Federal agencies to eliminate or 

2 consolidate those websites that are duplicative or 

3 overlapping. 

4 (b) WEBSITE TRANSPARENCY.—The Director shall 

5 issue guidance to Federal agencies to ensure that the data 

6 on publicly available websites of the agencies are open and 

7 accessible to the public. 

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

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

10 (1) develop guidelines, standards, and best 

11 practices for interoperability and transparency; 

12 (2) identify interfaces that provide for shared, 

13 open solutions on the publicly available websites of 

14 the agencies; and 

15 (3) ensure that Federal agency Internet home 

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

17 are accessible to individuals with disabilities in con18 formance with section 508 of the Rehabilitation Act 

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

20 (d) DEADLINE FOR GUIDANCE.—The guidance re21 quired by subsection (b) shall be issued not later than 180 

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

23 SEC. 303. TRANSITION TO THE CLOUD. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that transition to cloud computing offers significant 


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1 potential benefits for the implementation of Federal infor2 mation technology projects in terms of flexibility, cost, and 

3 operational benefits. 

4 (b) GOVERNMENTWIDE APPLICATION.—In assessing 

5 cloud computing opportunities, the Chief Information Of6 ficers Council shall define policies and guidelines for the 

7 adoption of Governmentwide programs providing for a 

8 standardized approach to security assessment and oper9 ational authorization for cloud products and services. 

10 (c) ADDITIONAL BUDGET AUTHORITIES FOR TRANSI11 TION.—In transitioning to the cloud, a Chief Information 

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

13 United States Code, may establish such cloud service 

14 Working Capital Funds as may be necessary to transition 

15 to cloud-based solutions. These cloud service Working 

16 Capital Funds may preserve funding for cloud service 

17 transitions for a period not to exceed 5 years per appro18 priation. 

19 SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION 

20 OF CONTRACTS BY REQUIRING BUSINESS 

21 CASE ANALYSIS. 

22 (a) PURPOSE.—The purpose of this section is to le23 verage the Government’s buying power and achieve admin24 istrative efficiencies and cost savings by eliminating un25 necessary duplication of contracts. 


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

3 (1) IN GENERAL.—Effective on and after 180 

4 days after the date of the enactment of this Act, an 

5 executive agency may not issue a solicitation for a 

6 covered contract vehicle unless the agency performs 

7 a business case analysis for the contract vehicle and 

8 obtains an approval of the business case analysis 

9 from the Administrator for Federal Procurement 

10 Policy. 

11 (2) REVIEW OF BUSINESS CASE ANALYSIS.— 

12 (A) IN GENERAL.—With respect to any 

13 covered contract vehicle, the Administrator for 

14 Federal Procurement Policy shall review the 

15 business case analysis submitted for the con16 tract vehicle and provide an approval or dis17 approval within 100 days after the date of sub18 mission. Any business case analysis not dis19 approved within such 100-day period is deemed 

20 to be approved. 

21 (B) BASIS FOR APPROVAL OF BUSINESS

22 CASE.—The Administrator for Federal Procure23 ment Policy shall approve or disapprove a busi24 ness case analysis based on the adequacy of the 

25 analysis submitted. The Administrator shall 


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1 give primary consideration to whether an agen2 cy has demonstrated a compelling need that 

3 cannot be satisfied by existing Governmentwide 

4 contract vehicles in a timely and cost-effective 

5 manner. 

6 (3) CONTENT OF BUSINESS CASE ANALYSIS.— 

7 The Administrator for Federal Procurement Policy 

8 shall issue guidance specifying the content for a 

9 business case analysis submitted pursuant to this 

10 section. At a minimum, the business case analysis 

11 shall include details on the administrative resources 

12 needed for such contract vehicle, including an anal13 ysis of all direct and indirect costs to the Federal 

14 Government of awarding and administering such 

15 contract vehicle and the impact such contract vehicle 

16 will have on the ability of the Federal Government 

17 to leverage its purchasing power. 

18 (c) DEFINITIONS.— 

19 (1) COVERED CONTRACT VEHICLE.—The term 

20 ‘‘covered contract vehicle’’ has the meaning provided 

21 by the Administrator for Federal Procurement Pol22 icy in guidance issued pursuant to this section and 

23 includes, at a minimum, any Governmentwide con24 tract vehicle , whether for acquisition of information 

25 technology or other goods or services, in an amount 


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1 greater than $50,000,000 (or $10,000,000, deter2 mined on an average annual basis, in the case of 

3 such a contract vehicle performed over more than 

4 one year). The term does not include a multiple 

5 award schedule contract awarded by the General 

6 Services Administration, a Governmentwide acquisi7 tion contract for information technology awarded 

8 pursuant to sections 11302(e) and 11314(a)(2) of 

9 title 40, United States Code, or orders against exist10 ing Governmentwide contract vehicles. 

11 (2) GOVERNMENTWIDE CONTRACT VEHICLE

12 AND EXECUTIVE AGENCY.—The terms ‘‘Govern13 mentwide contract vehicle’’ and ‘‘executive agency’’ 

14 have the meanings provided in section 11501 of title 

15 40, United States Code, as added by section 401. 

16 (d) REPORT.—Not later than June 1 in each of the 

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

18 Act, the Administrator for Federal Procurement Policy 

19 shall submit to the relevant congressional committees a 

20 report on the implementation of this section, including a 

21 summary of the submissions, reviews, approvals, and dis22 approvals of business case analyses pursuant to this sec23 tion. 


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1 (e) GUIDANCE.—The Administrator for Federal Pro2 curement Policy shall issue guidance for implementing this 

3 section. 

4 (f) REVISION OF FAR.—Not later than 180 days 

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

6 Acquisition Regulation shall be amended to implement this 

7 section. 

8 TITLE IV—STRENGTHENING AND 

9 STREAMLINING INFORMA10 TION TECHNOLOGY ACQUISI11 TION MANAGEMENT PRAC12 TICES 

13 Subtitle A—Strengthening and 

14 Streamlining IT Program Man15 agement Practices 

16 SEC. 401. ESTABLISHMENT OF FEDERAL INFRASTRUCTURE 

17 AND COMMON APPLICATION COLLABORA18 TION CENTER. 

19 (a) ESTABLISHMENT.— 

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

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

22 ‘‘CHAPTER 115—INFORMATION TECH23 NOLOGY ACQUISITION MANAGEMENT 

24 PRACTICES 

‘‘Sec. 

‘‘11501. Federal Infrastructure and Common Application Collaboration Center. 


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1 ‘‘§ 11501. Federal Infrastructure and Common Appli2 cation Collaboration Center 

3 ‘‘(a) ESTABLISHMENT AND PURPOSES.—The Direc4 tor of the Office of Management and Budget shall estab5 lish a Federal Infrastructure and Common Application 

6 Collaboration Center (hereafter in this section referred to 

7 as the ‘Collaboration Center’) within the Office of Man8 agement and Budget in accordance with this section. The 

9 purposes of the Collaboration Center are to serve as a 

10 focal point for coordinated program management practices 

11 and to develop and maintain requirements for the acquisi12 tion of IT infrastructure and common applications com13 monly used by various Federal agencies. 

14 ‘‘(b) 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 

26 901(b) of title 31, nominated by the respective 


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1 agency chief information officer for a detail pe2 riod of not less than 2 years. 

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

4 Center shall have working groups that specialize in 

5 IT infrastructure and common applications identi6 fied by the CIO Council. Each working group shall 

7 be headed by a separate dedicated program manager 

8 appointed by the CIO Council. 

9 ‘‘(c) CAPABILITIES AND FUNCTIONS OF THE COL10 LABORATION CENTER.—For each of the IT infrastructure 

11 and common application areas identified by the CIO Coun12 cil, the Collaboration Center shall perform the following 

13 roles, and any other functions as directed by the CIO 

14 Council: 

15 ‘‘(1) Develop, maintain, and disseminate re16 quirements suitable to establish contracts that will 

17 meet the common and general needs of various Fed18 eral agencies as determined by the Center. In doing 

19 so, the Center shall give maximum consideration to 

20 the adoption of commercial standards and industry 

21 acquisition best practices, including opportunities for 

22 shared services, consideration of total cost of owner23 ship, preference for industry-neutral functional spec24 ifications leveraging open industry standards and 


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1 competition, use of open source software, and use of 

2 long-term contracts, as appropriate. 

3 ‘‘(2) Develop, maintain, and disseminate reli4 able cost estimates that are accurate, comprehensive, 

5 well-documented, and credible. 

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

7 IT investments or acquisitions as identified by the 

8 CIO Council. 

9 ‘‘(4) Provide expert aid to troubled IT invest10 ments or acquisitions. 

11 ‘‘(d) GUIDANCE.—The Director, in consultation with 

12 the Chief Information Officers Council, shall issue guid13 ance addressing the scope and operation of the Collabora14 tion Center. The guidance shall require that the Collabora15 tion Center report to the Federal Chief Information Offi16 cer or his delegate. 

17 ‘‘(e) REPORT TO CONGRESS.—The Director shall an18 nually submit to the relevant congressional committees a 

19 report detailing the organization, staff, and activities of 

20 the Collaboration Center, including a list of IT infrastruc21 ture and common applications the Center assisted and an 

22 assessment of the Center’s achievement in promoting effi23 ciency, shared services, and elimination of unnecessary 

24 Government requirements that are contrary to commercial 

25 best practices. 


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1 ‘‘(f) IMPROVEMENT OF THE DOD ENTERPRISE

2 SOFTWARE INITIATIVE AND GSA SMARTBUY PROGRAM.— 

3 ‘‘(1) IN GENERAL.—The Collaboration Center, 

4 in collaboration with the Office of Federal Procure5 ment Policy, the Department of Defense, and the 

6 General Services Administration, shall identify and 

7 develop a strategic sourcing initiative to enhance 

8 Governmentwide acquisition, shared use, and dis9 semination of software, as well as compliance with 

10 end user license agreements. 

11 ‘‘(2) EXAMINATION OF METHODS.—In devel12 oping the strategic sourcing initiative, the Collabora13 tion Center shall examine the use of realistic and ef14 fective demand aggregation models supported by ac15 tual agency commitment to use the models, and sup16 plier relationship management practices, to more ef17 fectively govern the Government’s acquisition of in18 formation technology. 

19 ‘‘(3) GOVERNMENTWIDE USER LICENSE AGREE20 MENT.—The Collaboration Center, in coordination 

21 with the Department of Defense and the General 

22 Services Administration, shall issue guidelines for es23 tablishing a Governmentwide contract vehicle that 

24 allows for the purchase of a license agreement that 

25 is available for use by all executive agencies as one 


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1 user. To the maximum extent practicable, in estab2 lishing the Governmentwide contract vehicle, the 

3 Collaboration Center shall pursue direct negotiation 

4 and contracting with major software publishers as 

5 prime contractors. 

6 ‘‘(g) GUIDELINES FOR ACQUISITION OF IT INFRA7 STRUCTURE AND COMMON APPLICATIONS.— 

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

9 shall establish guidelines that, to the maximum ex10 tent possible, eliminate inconsistent practices among 

11 executive agencies and ensure uniformity and con12 sistency in acquisition processes for IT infrastruc13 ture and common applications across the Federal 

14 Government. 

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

16 guidelines, the Collaboration Center, in consultation 

17 with the Chief Acquisition Officers Council, shall 

18 offer executive agencies the option of accessing a 

19 central website for best practices, templates, and 

20 other relevant information. 

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

22 Center, in collaboration with the Office of Federal Pro23 curement Policy, the Chief Acquisition Officers Council, 

24 the General Services Administration, and the Assisted Ac25 quisition Centers of Excellence, shall compile a price list 


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1 and catalogue containing current pricing information by 

2 vendor for each of its IT infrastructure and common appli3 cations categories. The price catalogue shall contain any 

4 price provided by a vendor for the same or similar good 

5 or service to any executive agency. The catalogue shall be 

6 developed in a fashion ensuring that it may be used for 

7 pricing comparisons and pricing analysis using standard 

8 data formats. The price catalogue shall not be made pub9 lic, but shall be accessible to executive agencies. 

10 ‘‘(i) FEDERAL IT ACQUISITION MANAGEMENT IM11 PROVEMENT FUND.— 

12 ‘‘(1) ESTABLISHMENT AND MANAGEMENT OF

13 FUND.—There is a Federal IT Acquisition Manage14 ment Improvement Fund (in this subsection referred 

15 to as the ‘Fund’). The Administrator of General 

16 Services shall manage the Fund through the Col17 laboration Center to support the activities of the 

18 Collaboration Center carried out pursuant to this 

19 section. The Administrator of General Services shall 

20 consult with the Director in managing the Fund. 

21 ‘‘(2) CREDITS TO FUND.—Five percent of the 

22 fees collected by executive agencies under the fol23 lowing contracts shall be credited to the Fund: 


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1 ‘‘(A) Governmentwide task and delivery 

2 order contracts entered into under sections 

3 4103 and 4105 of title 41. 

4 ‘‘(B) Governmentwide contracts for the ac5 quisition of information technology and multi6 agency acquisition contracts for that technology 

7 authorized by section 11314 of this title. 

8 ‘‘(C) Multiple-award schedule contracts en9 tered into by the Administrator of General 

10 Services. 

11 ‘‘(3) REMITTANCE BY HEAD OF EXECUTIVE

12 AGENCY.—The head of an executive agency that ad13 ministers a contract described in paragraph (2) shall 

14 remit to the General Services Administration the 

15 amount required to be credited to the Fund with re16 spect to the contract at the end of each quarter of 

17 the fiscal year. 

18 ‘‘(4) AMOUNTS NOT TO BE USED FOR OTHER

19 PURPOSES.—The Administrator of General Services, 

20 through the Office of Management and Budget, shall 

21 ensure that amounts collected under this subsection 

22 are not used for a purpose other than the activities 

23 of the Collaboration Center carried out pursuant to 

24 this section. 


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1 ‘‘(5) AVAILABILITY OF AMOUNTS.—Amounts 

2 credited to the Fund remain available to be ex3 pended only in the fiscal year for which they are 

4 credited and the 4 succeeding fiscal years. 

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

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

7 agency’ has the meaning provided that term by sec8 tion 105 of title 5. 

9 ‘‘(2) GOVERNMENTWIDE CONTRACT VEHICLE.— 

10 The term ‘Governmentwide contract vehicle’ means 

11 any contract, blanket purchase agreement, or other 

12 contractual instrument that allows for an indefinite 

13 number of orders to be placed within the contract, 

14 agreement, or instrument, and that is established by 

15 one executive agency for use by multiple executive 

16 agencies to obtain supplies and services. 

17 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT18 TEES.—The term ‘relevant congressional commit19 tees’ means each of the following: 

20 ‘‘(A) The Committee on Oversight and 

21 Government Reform and the Committee on 

22 Armed Services of the House of Representa23 tives. 


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1 ‘‘(B) The Committee on Homeland Secu2 rity and Governmental Affairs and the Com3 mittee on Armed Services of the Senate. 

4 ‘‘(k) REVISION OF FAR.—The Federal Acquisition 

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

6 (2) CLERICAL AMENDMENT.—The item relating 

7 to chapter 115 in the table of chapters at the begin8 ning of subtitle III of title 40, United States Code, 

9 is amended to read as follows: 

‘‘115. Information Technology Acquisition Management 

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

10 (b) DEADLINES.— 

11 (1) Not later than 180 days after the date of 

12 the enactment of this Act, the Director shall issue 

13 guidance under section 11501(d) of title 40, United 

14 States Code, as added by subsection (a). 

15 (2) Not later than 1 year after the date of the 

16 enactment of this Act, the Director shall establish 

17 the Federal Infrastructure and Common Application 

18 Collaboration Center, in accordance with section 

19 11501(a) of such title, as so added. 

20 (3) Not later than 2 years after the date of the 

21 enactment of this Act, the Federal Infrastructure 

22 and Common Application Collaboration Center 

23 shall— 


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1 (A) identify and develop a strategic 

2 sourcing initiative in accordance with section 

3 11501(f) of such title, as so added; and 

4 (B) establish guidelines in accordance with 

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

6 SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CEN7 TERS OF EXCELLENCE. 

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

9 States Code, as amended by section 401, is further amend10 ed by adding at the end the following new section: 

11 ‘‘§ 11502. Assisted Acquisition Centers of Excellence 

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

14 within the Federal Government to promote— 

15 ‘‘(1) the effective use of best acquisition prac16 tices; 

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

18 the acquisition of information technology; and 

19 ‘‘(3) Governmentwide sharing of acquisition ca20 pability to augment any shortage in the information 

21 technology acquisition workforce. 

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

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

24 every 3 years thereafter, the Director of the Office of Man25 agement and Budget, in consultation with the Chief AcVerDate Mar 15 2010 22:40 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1232.RH H1232

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1 quisition Officers Council and the Chief Information Offi2 cers Council, shall designate, redesignate, or withdraw the 

3 designation of acquisition centers of excellence within var4 ious executive agencies to carry out the functions set forth 

5 in subsection (c) in an area of specialized acquisition ex6 pertise as determined by the Director. Each such center 

7 of excellence shall be known as an ‘Assisted Acquisition 

8 Center of Excellence’ or an ‘AACE’. 

9 ‘‘(c) FUNCTIONS.—The functions of each AACE are 

10 as follows: 

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

12 and implement the use of best acquisition practices 

13 in the area of specialized acquisition expertise that 

14 the AACE is designated to carry out by the Director 

15 under subsection (b). 

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

17 Government agencies in the expedient and low-cost 

18 acquisition of the information technology goods or 

19 services covered by such area of specialized acquisi20 tion expertise by engaging in repeated and frequent 

21 acquisition of similar information technology require22 ments. 

23 ‘‘(3) DEVELOPMENT AND TRAINING OF IT AC24 QUISITION WORKFORCE.—To assist in recruiting and 


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1 training IT acquisition cadres (referred to in section 

2 1704(j) of title 41). 

3 ‘‘(d) CRITERIA.—In designating, redesignating, or 

4 withdrawing the designation of an AACE, the Director 

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

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

7 agency in a specific area of information technology 

8 acquisition. 

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

10 common applications covered by the Federal Infra11 structure and Common Application Collaboration 

12 Center established under section 11501 of this title, 

13 the ability and willingness to collaborate with the 

14 Collaboration Center and adhere to the requirements 

15 standards established by the Collaboration Center. 

16 ‘‘(3) The ability of an AACE to develop cus17 tomized requirements documents that meet the 

18 needs of executive agencies as well as the current in19 dustry standards and commercial best practices. 

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

21 award and manage various contracts, task or deliv22 ery orders, and other acquisition arrangements in a 

23 timely, cost-effective, and compliant manner. 

24 ‘‘(5) The ability of an AACE to aggregate de25 mands from multiple executive agencies for similar 


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1 information technology goods or services and fulfill 

2 those demands in one acquisition. 

3 ‘‘(6) The ability of an AACE to acquire innova4 tive or emerging commercial and noncommercial 

5 technologies using various contracting methods, in6 cluding ways to lower the entry barriers for small 

7 businesses with limited Government contracting ex8 periences. 

9 ‘‘(7) The ability of an AACE to maximize com10 mercial item acquisition, effectively manage high-risk 

11 contract types, increase competition, promote small 

12 business participation, and maximize use of available 

13 Governmentwide contract vehicles. 

14 ‘‘(8) The existence of an in-house cost esti15 mating group with expertise to consistently develop 

16 reliable cost estimates that are accurate, comprehen17 sive, well-documented, and credible. 

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

19 practices and educate requesting agencies, to the 

20 maximum extent practicable, regarding critical fac21 tors underlying successful major IT acquisitions, in22 cluding the following factors: 

23 ‘‘(A) Active engagement by program offi24 cials with stakeholders. 


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

2 necessary knowledge and skills. 

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

4 department and agency executives. 

5 ‘‘(D) Involvement by end users and stake6 holders in the development of requirements. 

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

8 of system functionality prior to formal end user 

9 acceptance testing. 

10 ‘‘(F) Stability and consistency of Govern11 ment and contractor staff. 

12 ‘‘(G) Prioritization of requirements by pro13 gram staff. 

14 ‘‘(H) Maintenance of regular communica15 tion with the prime contractor by program offi16 cials. 

17 ‘‘(I) Receipt of sufficient funding by pro18 grams. 

19 ‘‘(10) The ability of an AACE to run an effec20 tive acquisition intern program in collaboration with 

21 the Federal Acquisition Institute or the Defense Ac22 quisition University. 

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

24 properly manage fees received for assisted acquisi25 tions pursuant to this section. 


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1 ‘‘(e) FUNDS RECEIVED BY AACES.— 

2 ‘‘(1) AVAILABILITY.—Notwithstanding any 

3 other provision of law or regulation, funds obligated 

4 and transferred from an executive agency in a fiscal 

5 year to an AACE for the acquisition of goods or 

6 services covered by an area of specialized acquisition 

7 expertise of an AACE, regardless of whether the re8 quirements are severable or non-severable, shall re9 main available for awards of contracts by the AACE 

10 for the same general requirements for the next 5 fis11 cal years following the fiscal year in which the funds 

12 were transferred. 

13 ‘‘(2) ADDITIONAL TRANSFER AUTHORITY.—If 

14 the AACE to which the funds are transferred under 

15 paragraph (1) becomes unable to fulfill the require16 ments of the executive agency from which the funds 

17 were transferred, the funds may be transferred to a 

18 different AACE to fulfill such requirements. The 

19 funds so transferred shall be used for the same pur20 pose and remain available for the same period of 

21 time as applied when transferred to the original 

22 AACE. 

23 ‘‘(3) RELATIONSHIP TO EXISTING AUTHORI24 TIES.—This subsection does not limit any existing 


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1 authorities an AACE may have under its revolving 

2 or working capital funds authorities. 

3 ‘‘(f) GOVERNMENT ACCOUNTABILITY OFFICE RE4 VIEW OF AACE.— 

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

6 United States shall review and assess the use and 

7 management of fees received by the AACEs pursu8 ant to this section to ensure that an appropriate fee 

9 structure is established and enforced to cover activi10 ties addressed in this section and that no excess fees 

11 are charged or retained. 

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

13 designation or redesignation of AACES under sub14 section (b), the Comptroller General shall submit to 

15 the relevant congressional committees a report con16 taining the findings and assessment under para17 graph (1). 

18 ‘‘(g) DEFINITIONS.—In this section: 

19 ‘‘(1) ASSISTED ACQUISITION.—The term ‘as20 sisted acquisition’ means a type of interagency ac21 quisition in which the parties enter into an inter22 agency agreement pursuant to which— 

23 ‘‘(A) the servicing agency performs acquisi24 tion activities on the requesting agency’s behalf, 

25 such as awarding, administering, or closing out 


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

2 purchase agreement; and 

3 ‘‘(B) funding is provided through a fran4 chise fund, the Acquisition Services Fund in 

5 section 321 of this title, sections 1535 and 

6 1536 of title 31, or other available methods. 

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

8 agency’ has the meaning provided that term by sec9 tion 133 of title 41. 

10 ‘‘(3) RELEVANT CONGRESSIONAL COMMIT11 TEES.—The term ‘relevant congressional commit12 tees’ has the meaning provided that term by section 

13 11501 of this title. 

14 ‘‘(h) REVISION OF FAR.—The Federal Acquisition 

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

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

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

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

19 adding at the end the following new item: 

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

20 Subtitle B—Strengthening IT 

21 Acquisition Workforce 

22 SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMA23 TION TECHNOLOGY ACQUISITION CADRES. 

24 (a) PURPOSE.—The purpose of this section is to en25 sure timely progress by Federal agencies toward develVerDate Mar 15 2010 22:40 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1232.RH H1232

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1 oping, strengthening, and deploying personnel with highly 

2 specialized skills in information technology acquisition, in3 cluding program and project managers, to be known as 

4 information technology acquisition cadres. 

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

6 41, United States Code, is amended by adding at the end 

7 the following new subsection: 

8 ‘‘(j) STRATEGIC PLAN ON INFORMATION TECH9 NOLOGY ACQUISITION CADRES.— 

10 ‘‘(1) FIVE-YEAR STRATEGIC PLAN TO CON11 GRESS.—Not later than June 1 following the date of 

12 the enactment of this subsection, the Director shall 

13 submit to the relevant congressional committees a 5- 

14 year strategic plan (to be known as the ‘IT Acquisi15 tion Cadres Strategic Plan’) to develop, strengthen, 

16 and solidify information technology acquisition cad17 res. The plan shall include a timeline for implemen18 tation of the plan and identification of individuals 

19 responsible for specific elements of the plan during 

20 the 5-year period covered by the plan. 

21 ‘‘(2) MATTERS COVERED.—The plan shall ad22 dress, at a minimum, the following matters: 

23 ‘‘(A) Current information technology ac24 quisition staffing challenges in Federal agen25 cies, by previous year’s information technology 


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1 acquisition value, and by the Federal Govern2 ment as a whole. 

3 ‘‘(B) The variety and complexity of infor4 mation technology acquisitions conducted by 

5 each Federal agency covered by the plan, and 

6 the specialized information technology acquisi7 tion workforce needed to effectively carry out 

8 such acquisitions. 

9 ‘‘(C) The development of a sustainable 

10 funding model to support efforts to hire, retain, 

11 and train an information technology acquisition 

12 cadre of appropriate size and skill to effectively 

13 carry out the acquisition programs of the Fed14 eral agencies covered by the plan, including an 

15 examination of interagency funding methods 

16 and a discussion of how the model of the De17 fense Acquisition Workforce Development Fund 

18 could be applied to civilian agencies. 

19 ‘‘(D) Any strategic human capital planning 

20 necessary to hire, retain, and train an informa21 tion acquisition cadre of appropriate size and 

22 skill at each Federal agency covered by the 

23 plan. 

24 ‘‘(E) Governmentwide training standards 

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1 hance the mobility and career opportunities of 

2 the Federal information technology acquisition 

3 cadre within the Federal agencies covered by 

4 the plan. 

5 ‘‘(F) New and innovative approaches to 

6 workforce development and training, including 

7 cross-functional training, rotational develop8 ment, and assignments both within and outside 

9 the Government. 

10 ‘‘(G) Appropriate consideration and align11 ment with the needs and priorities of the Infra12 structure and Common Application Collabora13 tion Center, Assisted Acquisition Centers of Ex14 cellence, and acquisition intern programs. 

15 ‘‘(H) Assessment of the current workforce 

16 competency and usage trends in evaluation 

17 technique to obtain best value, including proper 

18 handling of tradeoffs between price and 

19 nonprice factors. 

20 ‘‘(I) Assessment of the current workforce 

21 competency in designing and aligning perform22 ance goals, life cycle costs, and contract incen23 tives. 

24 ‘‘(J) Assessment of the current workforce 

25 competency in avoiding brand-name preference 


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1 and using industry-neutral functional specifica2 tions to leverage open industry standards and 

3 competition. 

4 ‘‘(K) Use of integrated program teams, in5 cluding fully dedicated program managers, for 

6 each complex information technology invest7 ment. 

8 ‘‘(L) Proper assignment of recognition or 

9 accountability to the members of an integrated 

10 program team for both individual functional 

11 goals and overall program success or failure. 

12 ‘‘(M) The development of a technology fel13 lows program that includes provisions for re14 cruiting, for rotation of assignments, and for 

15 partnering directly with universities with well16 recognized information technology programs. 

17 ‘‘(N) The capability to properly manage 

18 other transaction authority (where such author19 ity is granted), including ensuring that the use 

20 of the authority is warranted due to unique 

21 technical challenges, rapid adoption of innova22 tive or emerging commercial or noncommercial 

23 technologies, or other circumstances that can24 not readily be satisfied using a contract, grant, 

25 or cooperative agreement in accordance with apVerDate Mar 15 2010 22:40 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1232.RH H1232

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1 plicable law and the Federal Acquisition Regu2 lation. 

3 ‘‘(O) Any other matters the Director con4 siders appropriate. 

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

6 in each of the 5 years following the year of submis7 sion of the plan required by paragraph (1), the Di8 rector shall submit to the relevant congressional 

9 committees an annual report outlining the progress 

10 made pursuant to the plan. 

11 ‘‘(4) GOVERNMENT ACCOUNTABILITY OFFICE

12 REVIEW OF THE PLAN AND ANNUAL REPORT.— 

13 ‘‘(A) Not later than 1 year after the sub14 mission of the plan required by paragraph (1), 

15 the Comptroller General of the United States 

16 shall review the plan and submit to the relevant 

17 congressional committees a report on the re18 view. 

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

20 submission of the first, third, and fifth annual 

21 report required under paragraph (3), the Comp22 troller General shall independently assess the 

23 findings of the annual report and brief the rel24 evant congressional committees on the Comp25 troller General’s findings and recommendations 


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1 to ensure the objectives of the plan are accom2 plished. 

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

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

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

6 ‘‘(B) The term ‘relevant congressional 

7 committees’ means each of the following: 

8 ‘‘(i) The Committee on Oversight and 

9 Government Reform and the Committee on 

10 Armed Services of the House of Represent11 atives. 

12 ‘‘(ii) The Committee on Homeland Se13 curity and Governmental Affairs and the 

14 Committee on Armed Services of the Sen15 ate.’’. 

16 SEC. 412. PLAN ON STRENGTHENING PROGRAM AND 

17 PROJECT MANAGEMENT PERFORMANCE. 

18 (a) PLAN ON STRENGTHENING PROGRAM AND

19 PROJECT MANAGEMENT PERFORMANCE.—Not later than 

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

21 the Director, in consultation with the Director of the Of22 fice of Personnel Management, shall submit to the relevant 

23 congressional committees a plan for improving manage24 ment of IT programs and projects. 


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1 (b) MATTERS COVERED.—The plan required by sub2 section (a) shall include, at a minimum, the following: 

3 (1) Creation of a specialized career path for 

4 program management. 

5 (2) The development of a competency model for 

6 program management consistent with the IT project 

7 manager model. 

8 (3) A career advancement model that requires 

9 appropriate expertise and experience for advance10 ment. 

11 (4) A career advancement model that is more 

12 competitive with the private sector and that recog13 nizes both Government and private sector experi14 ence. 

15 (5) Appropriate consideration and alignment 

16 with the needs and priorities of the Infrastructure 

17 and Common Application Collaboration Center, the 

18 Assisted Acquisition Centers of Excellence, and ac19 quisition intern programs. 

20 (c) COMBINATION WITH OTHER CADRES PLAN.— 

21 The Director may combine the plan required by subsection 

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

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

24 added by section 411. 


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1 SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE 

2 ACQUISITION OF INFORMATION SYSTEMS 

3 AND INFORMATION TECHNOLOGY. 

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

5 date of the enactment of this Act, the Director of the Of6 fice of Personnel Management shall develop policy and 

7 guidance for agencies to develop a program to recognize 

8 excellent performance by Federal Government employees 

9 and teams of such employees in the acquisition of informa10 tion systems and information technology for the agency. 

11 (b) ELEMENTS.—The program referred to in sub12 section (a) shall, to the extent practicable— 

13 (1) obtain objective outcome measures; and 

14 (2) include procedures for— 

15 (A) the nomination of Federal Government 

16 employees and teams of such employees for eli17 gibility for recognition under the program; and 

18 (B) the evaluation of nominations for rec19 ognition under the program by 1 or more agen20 cy panels of individuals from Government, aca21 demia, and the private sector who have such ex22 pertise, and are appointed in such a manner, as 

23 the Director of the Office of Personal Manage24 ment shall establish for purposes of the pro25 gram. 


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1 (c) AWARD OF CASH BONUSES AND OTHER INCEN2 TIVES.—In carrying out the program referred to in sub3 section (a), the Director of the Office of Personnel Man4 agement, in consultation with the Director of the Office 

5 of Management and Budget, shall establish policies and 

6 guidance for agencies to reward any Federal Government 

7 employee or teams of such employees recognized pursuant 

8 to the program— 

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

10 performance of such individual or team warrants the 

11 award of such bonus and is authorized by any provi12 sion of law; 

13 (2) through promotions and other nonmonetary 

14 awards; 

15 (3) by publicizing— 

16 (A) acquisition accomplishments by indi17 vidual employees; and 

18 (B) the tangible end benefits that resulted 

19 from such accomplishments, as appropriate; 

20 and 

21 (4) through other awards, incentives, or bo22 nuses that the head of the agency considers appro23 priate. 


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1 TITLE V—ADDITIONAL REFORMS 

2 SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL 

3 STRATEGIC SOURCING INITIATIVE. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Administrator for Federal Procure6 ment Policy shall prescribe regulations providing that 

7 when the Federal Government makes a purchase of serv8 ices and supplies offered under the Federal Strategic 

9 Sourcing Initiative (managed by the Office of Federal Pro10 curement Policy) but such Initiative is not used, the con11 tract file for the purchase shall include a brief analysis 

12 of the comparative value, including price and nonprice fac13 tors, between the services and supplies offered under such 

14 Initiative and services and supplies offered under the 

15 source or sources used for the purchase. 

16 SEC. 502. 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. 503. 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. 504. 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 (2): 

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 at least 80 percent 

9 (by dollar value) of all information technology 

10 investments Governmentwide, and 60 percent 

11 (by dollar value) of all information technology 

12 investments in each Federal agency listed in 

13 section 901(b) of title 31. The Director shall 

14 ensure that the information is current, accu15 rate, and reflects the risks associated with each 

16 covered information technology investment. 

17 ‘‘(B) WAIVER OR LIMITATION AUTHOR18 ITY.—The applicability of subparagraph (A) 

19 may be waived or the extent of the information 

20 may be limited— 

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

22 IT investments Governmentwide; and 

23 ‘‘(ii) by the Chief Information Officer 

24 of a Federal agency, with respect to IT in25 vestments in that agency; 


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1 if the Director or the Chief Information Officer, 

2 as the case may be, determines that such a 

3 waiver or limitation is in the national security 

4 interests of the United States.’’. 

5 (b) ADDITIONAL REPORT REQUIREMENTS.—Para6 graph (3) of section 11302(c) of such title, as redesignated 

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

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

9 trends reflected in the performance risk information re10 quired in paragraph (2).’’. 

11 SEC. 505. ENHANCED COMMUNICATION BETWEEN GOVERN12 MENT AND INDUSTRY. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Federal Acquisition Regulatory 

15 Council shall prescribe a regulation making clear that 

16 agency acquisition personnel are permitted and encour17 aged to engage in responsible and constructive exchanges 

18 with industry, so long as those exchanges are consistent 

19 with existing law and regulation and do not promote an 

20 unfair competitive advantage to particular firms. 

21 SEC. 506. CLARIFICATION OF CURRENT LAW WITH RE22 SPECT TO OPEN SOURCE SOFTWARE. 

23 (a) PURPOSE.—The purpose of this section is to es24 tablish guidance and processes to clarify that open source 

25 software is a valid procurement option that shall receive 


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1 full consideration alongside other options, in merit-based 

2 requirements development and evaluation processes that 

3 promote procurement choices based on performance and 

4 value, and free of preconceived preferences based on how 

5 technology is developed, licensed, or distributed within the 

6 Federal Government. 

7 (b) TECHNOLOGY NEUTRALITY.—Nothing in this 

8 section shall be construed to modify the Federal Govern9 ment’s long-standing policy of following technology-neu10 tral principles and practices when selecting and acquiring 

11 information technology that best fits the needs of the Fed12 eral Government. 

13 (c) STANDARDS AND GUIDELINES.—Section 

14 11302(d) of title 40, United States Code, is amended by 

15 adding at the end the following: ‘‘The standards and 

16 guidelines shall include those necessary to enable effective 

17 adoption of open source software.’’. 

18 (d) GUIDANCE.—Not later than 180 days after the 

19 date of the enactment of this Act, the Director, in con20 sultation with the Chief Information Officers Council, 

21 shall issue guidance for the use and collaborative develop22 ment of open source software within the Federal Govern23 ment. 


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1 (e) MATTERS COVERED.—In issuing guidance under 

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

3 the following: 

4 (1) Guidance to clarify that the preference for 

5 commercial items in section 3307 of title 41, United 

6 States Code, includes all open source software that 

7 meets the definition of the term ‘‘commercial item’’ 

8 in section 103 of title 41, United States Code, in9 cluding all such software that is used for non-Gov10 ernment purposes and is licensed to the public. 

11 (2) Guidance regarding the conduct of market 

12 research to ensure the inclusion of open source soft13 ware. 

14 (3) Guidance to establish a program to educate 

15 the acquisition workforce by providing information 

16 to identify and counter misconceptions about open 

17 source software and to keep such information up18 dated. 

19 (4) Guidance to define Governmentwide stand20 ards for security, redistribution, indemnity, and 

21 copyright in the acquisition, use, release, and col22 laborative development of open source software. 

23 (5) Guidance for the adoption of available com24 mercial practices to acquire open source software for 


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1 widespread Government use, including issues such as 

2 security and redistribution rights. 

3 (6) Guidance to establish standard service level 

4 agreements for maintenance and support for open 

5 source software products widely adopted by the Gov6 ernment, as well as the development of Government7 wide agreements that contain standard and widely 

8 applicable contract provisions for ongoing mainte9 nance and development of open source software. 

10 (7) Guidance on the role and use of the Federal 

11 Infrastructure and Common Application Collabora12 tion Center, established pursuant to section 11501 

13 of title 40, United States Code (as added by section 

14 401), for acquisition of open source software. 

15 (f) REPORT TO CONGRESS.—Not later than 2 years 

16 after the issuance of the guidance required by subsection 

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

18 submit to the relevant congressional committees a report 

19 containing— 

20 (1) an assessment of the effectiveness of the 

21 guidance; 

22 (2) an identification of barriers to widespread 

23 use by the Federal Government of open source soft24 ware; and 


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1 (3) such legislative recommendations as the 

2 Comptroller General considers appropriate to further 

3 the purposes of this section. 


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Union Calendar No. 267 

113TH CONGRESS 

2D SESSION H. R. 1232 

[Report No. 113–359] 

A BILL 

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

mation technology acquisition and management. Code, to eliminate duplication and waste in inforFEBRUARY 25, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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