```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1232 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 1232

_______________________________________________________________________

                                 AN ACT

 
   To amend titles 40, 41, and 44, United States Code, to eliminate 
    duplication and waste in information technology acquisition and 
                              management.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Information Technology 
Acquisition Reform Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT

Sec. 101. Increased authority of agency Chief Information Officers over 
                            information technology.
Sec. 102. Lead coordination role of Chief Information Officers Council.
Sec. 103. Reports by Government Accountability Office.
                   TITLE II--DATA CENTER OPTIMIZATION

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Federal data center optimization initiative.
Sec. 204. Performance requirements related to data center 
                            consolidation.
Sec. 205. Cost savings related to data center optimization.
Sec. 206. Reporting requirements to Congress and the Federal Chief 
                            Information Officer.
    TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION 
                         TECHNOLOGY ACQUISITION

Sec. 301. Inventory of information technology software assets.
Sec. 302. Website consolidation and transparency.
Sec. 303. Transition to the cloud.
Sec. 304. Elimination of unnecessary duplication of contracts by 
                            requiring business case analysis.
    TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY 
                    ACQUISITION MANAGEMENT PRACTICES

   Subtitle A--Strengthening and Streamlining IT Program Management 
                               Practices

Sec. 401. Pilot program on interagency collaboration.
Sec. 402. Designation of assisted acquisition centers of excellence.
           Subtitle B--Strengthening IT Acquisition Workforce

Sec. 411. Expansion of training and use of information technology 
                            acquisition cadres.
Sec. 412. Plan on strengthening program and project management 
                            performance.
Sec. 413. Personnel awards for excellence in the acquisition of 
                            information systems and information 
                            technology.
                      TITLE V--ADDITIONAL REFORMS

Sec. 501. Maximizing the benefit of the Federal strategic sourcing 
                            initiative.
Sec. 502. Governmentwide software purchasing program.
Sec. 503. Promoting transparency of blanket purchase agreements.
Sec. 504. Additional source selection technique in solicitations.
Sec. 505. Enhanced transparency in information technology investments.
Sec. 506. Enhanced communication between government and industry.
Sec. 507. Clarification of current law with respect to technology 
                            neutrality in acquisition of software.
Sec. 508. No additional funds authorized.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Chief acquisition officers council.--The term ``Chief 
        Acquisition Officers Council'' means the Chief Acquisition 
        Officers Council established by section 1311(a) of title 41, 
        United States Code.
            (2) Chief information officer.--The term ``Chief 
        Information Officer'' means a Chief Information Officer (as 
        designated under section 3506(a)(2) of title 44, United States 
        Code) of an agency listed in section 901(b) of title 31, United 
        States Code.
            (3) Chief information officers council.--The term ``Chief 
        Information Officers Council'' or ``CIO Council'' means the 
        Chief Information Officers Council established by section 
        3603(a) of title 44, United States Code.
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (5) Federal agency.--The term ``Federal agency'' means each 
        agency listed in section 901(b) of title 31, United States 
        Code.
            (6) Federal chief information officer.--The term ``Federal 
        Chief Information Officer'' means the Administrator of the 
        Office of Electronic Government established under section 3602 
        of title 44, United States Code.
            (7) Information technology or it.--The term ``information 
        technology'' or ``IT'' has the meaning provided in section 
        11101(6) of title 40, United States Code.
            (8) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means each of the following:
                    (A) The Committee on Oversight and Government 
                Reform and the Committee on Armed Services of the House 
                of Representatives.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs and the Committee on Armed 
                Services of the Senate.

TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT

SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER 
              INFORMATION TECHNOLOGY.

    (a) Presidential Appointment of CIOs of Certain Agencies.--
            (1) In general.--Section 11315 of title 40, United States 
        Code, is amended--
                    (A) by redesignating subsection (a) as subsection 
                (e) and moving such subsection to the end of the 
                section; and
                    (B) by inserting before subsection (b) the 
                following new subsection (a):
    ``(a) Presidential Appointment or Designation of Certain Chief 
Information Officers.--
            ``(1) In general.--There shall be within each agency listed 
        in section 901(b)(1) of title 31 an agency Chief Information 
        Officer. Each agency Chief Information Officer shall--
                    ``(A)(i) be appointed by the President; or
                    ``(ii) be designated by the President, in 
                consultation with the head of the agency; and
                    ``(B) be appointed or designated, as applicable, 
                from among individuals who possess demonstrated ability 
                in general management of, and knowledge of and 
                extensive practical experience in, information 
                technology management practices in large governmental 
                or business entities.
            ``(2) Responsibilities.--An agency Chief Information 
        Officer appointed or designated under this section shall report 
        directly to the head of the agency and carry out, on a full-
        time basis, responsibilities as set forth in this section and 
        in section 3506(a) of title 44 for Chief Information Officers 
        designated under paragraph (2) of such section.''.
            (2) Conforming amendments.--Section 3506(a)(2) of title 44, 
        United States Code, is amended--
                    (A) by striking ``(A) Except as provided under 
                subparagraph (B), the head of each agency'' and 
                inserting ``The head of each agency, other than an 
                agency with a Presidentially appointed or designated 
                Chief Information Officer as provided in section 
                11315(a)(1) of title 40,''; and
                    (B) by striking subparagraph (B).
    (b) Authority Relating to Budget and Personnel.--Section 11315 of 
title 40, United States Code, is further amended by inserting after 
subsection (c) the following new subsection:
    ``(d) Additional Authorities for Certain CIOs.--
            ``(1) Budget-related authority.--
                    ``(A) Planning.--Notwithstanding any other 
                provision of law, the head of each agency listed in 
                section 901(b)(1) or 901(b)(2) of title 31 and in 
                section 102 of title 5 shall ensure that the Chief 
                Information Officer of the agency has the authority to 
                participate in decisions regarding the budget planning 
                process related to information technology or programs 
                that include significant information technology 
                components.
                    ``(B) Allocation.--Notwithstanding any other 
                provision of law, amounts appropriated for any agency 
                listed in section 901(b)(1) or 901(b)(2) of title 31 
                and in section 102 of title 5 for any fiscal year that 
                are available for information technology shall be 
                allocated within the agency, consistent with the 
                provisions of appropriations Acts and budget guidelines 
                and recommendations from the Director of the Office of 
                Management and Budget, in such manner as specified by, 
                or approved by, the Chief Information Officer of the 
                agency in consultation with the Chief Financial Officer 
                of the agency and budget officials.
            ``(2) Personnel-related authority.--Notwithstanding any 
        other provision of law, the head of each agency listed in 
        section 901(b)(1) or 901(b)(2) of title 31 shall ensure that 
        the Chief Information Officer of the agency has the authority 
        necessary to approve the hiring of personnel who will have 
        information technology responsibilities within the agency and 
        to require that such personnel have the obligation to report to 
        the Chief Information Officer in a manner considered sufficient 
        by the Chief Information Officer.''.
    (c) Single Chief Information Officer in Each Agency.--
            (1) Requirement.--Section 3506(a)(3) of title 44, United 
        States Code, is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Each agency shall have only one individual 
                with the title and designation of `Chief Information 
                Officer'. Any bureau, office, or subordinate 
                organization within the agency may designate one 
                individual with the title `Deputy Chief Information 
                Officer', `Associate Chief Information Officer', or 
                `Assistant Chief Information Officer'.''.
            (2) Effective date.--Section 3506(a)(3)(B) of title 44, 
        United States Code, as added by paragraph (1), shall take 
        effect as of October 1, 2014. Any individual serving in a 
        position affected by such section before such date may continue 
        in that position if the requirements of such section are 
        fulfilled with respect to that individual.

SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.

    (a) Lead Coordination Role.--Subsection (d) of section 3603 of 
title 44, United States Code, is amended to read as follows:
    ``(d) Lead Interagency Forum.--
            ``(1) In general.--The Council is designated the lead 
        interagency forum for improving agency coordination of 
        practices related to the design, development, modernization, 
        use, operation, sharing, performance, and review of Federal 
        Government information resources investment. As the lead 
        interagency forum, the Council shall develop cross-agency 
        portfolio management practices to allow and encourage the 
        development of cross-agency shared services and shared 
        platforms. The Council shall also issue guidelines and 
        practices for infrastructure and common information technology 
        applications, including expansion of the Federal Enterprise 
        Architecture process if appropriate. The guidelines and 
        practices may address broader transparency, common inputs, 
        common outputs, and outcomes achieved. The guidelines and 
        practices shall be used as a basis for comparing performance 
        across diverse missions and operations in various agencies.
            ``(2) Report.--Not later than December 1 in each of the 6 
        years following the date of the enactment of this paragraph, 
        the Council shall submit to the relevant congressional 
        committees a report (to be known as the `CIO Council Report') 
        summarizing the Council's activities in the preceding fiscal 
        year and containing such recommendations for further 
        congressional action to fulfill its mission as the Council 
        considers appropriate.
            ``(3) Relevant congressional committees.--For purposes of 
        the report required by paragraph (2), the relevant 
        congressional committees are each of the following:
                    ``(A) The Committee on Oversight and Government 
                Reform and the Committee on Armed Services of the House 
                of Representatives.
                    ``(B) The Committee on Homeland Security and 
                Governmental Affairs and the Committee on Armed 
                Services of the Senate.''.
    (b) Additional Function.--Subsection (f) of section 3603 of such 
title is amended by adding at the end the following new paragraph:
            ``(8) Assist the Administrator in developing and providing 
        guidance for effective operations of the Federal Infrastructure 
        and Common Application Collaboration Center authorized under 
        section 11501 of title 40.''.
    (c) References to Administrator of E-Government as Federal Chief 
Information Officer.--
            (1) References.--Section 3602(b) of title 44, United States 
        Code, is amended by adding at the end the following: ``The 
        Administrator may also be referred to as the Federal Chief 
        Information Officer.''.
            (2) Definition.--Section 3601(1) of such title is amended 
        by inserting ``or Federal Chief Information Officer'' before 
        ``means''.

SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Requirement to Examine Effectiveness.--The Comptroller General 
of the United States shall examine the effectiveness of the Chief 
Information Officers Council in meeting its responsibilities under 
section 3603(d) of title 44, United States Code, as added by section 
102, with particular focus on--
            (1) whether agencies are actively participating in the 
        Council and heeding the Council's advice and guidance; and
            (2) whether the Council is actively using and developing 
        the capabilities of the Federal Infrastructure and Common 
        Application Collaboration Center authorized under section 11501 
        of title 40, United States Code, as added by section 401.
    (b) Reports.--Not later than 1 year, 3 years, and 5 years after the 
date of the enactment of this Act, the Comptroller General shall submit 
to the relevant congressional committees a report containing the 
findings and recommendations of the Comptroller General from the 
examination required by subsection (a).

                   TITLE II--DATA CENTER OPTIMIZATION

SEC. 201. PURPOSE.

    The purpose of this title is to optimize Federal data center usage 
and efficiency.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Federal data center optimization initiative.--The term 
        ``Federal Data Center Optimization Initiative'' or the 
        ``Initiative'' means the initiative developed and implemented 
        by the Director, through the Federal Chief Information Officer, 
        as required under section 203.
            (2) Covered agency.--The term ``covered agency'' means any 
        agency included in the Federal Data Center Optimization 
        Initiative.
            (3) Data center.--The term ``data center'' means a closet, 
        room, floor, or building for the storage, management, and 
        dissemination of data and information, as defined by the 
        Federal Chief Information Officer under guidance issued 
        pursuant to this section.
            (4) Federal data center.--The term ``Federal data center'' 
        means any data center of a covered agency used or operated by a 
        covered agency, by a contractor of a covered agency, or by 
        another organization on behalf of a covered agency.
            (5) Server utilization.--The term ``server utilization'' 
        refers to the activity level of a server relative to its 
        maximum activity level, expressed as a percentage.
            (6) Power usage effectiveness.--The term ``power usage 
        effectiveness'' means the ratio obtained by dividing the total 
        amount of electricity and other power consumed in running a 
        data center by the power consumed by the information and 
        communications technology in the data center.

SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.

    (a) Requirement for Initiative.--The Federal Chief Information 
Officer, in consultation with the chief information officers of covered 
agencies, shall develop and implement an initiative, to be known as the 
Federal Data Center Optimization Initiative, to optimize the usage and 
efficiency of Federal data centers by meeting the requirements of this 
Act and taking additional measures, as appropriate.
    (b) Requirement for Plan.--Within 6 months after the date of the 
enactment of this Act, the Federal Chief Information Officer, in 
consultation with the chief information officers of covered agencies, 
shall develop and submit to Congress a plan for implementation of the 
Initiative required by subsection (a) by each covered agency. In 
developing the plan, the Federal Chief Information Officer shall take 
into account the findings and recommendations of the Comptroller 
General review required by section 205(e).
    (c) Matters Covered.--The plan shall include--
            (1) descriptions of how covered agencies will use 
        reductions in floor space, energy use, infrastructure, 
        equipment, applications, personnel, increases in 
        multiorganizational use, server virtualization, cloud 
        computing, and other appropriate methods to meet the 
        requirements of the initiative; and
            (2) appropriate consideration of shifting Federally owned 
        data center workload to commercially owned data centers.

SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER 
              CONSOLIDATION.

    (a) Server Utilization.--Each covered agency may use the following 
methods to achieve the maximum server utilization possible as 
determined by the Federal Chief Information Officer:
            (1) The closing of existing data centers that lack adequate 
        server utilization, as determined by the Federal Chief 
        Information Officer. If the agency fails to close such data 
        centers, the agency shall provide a detailed explanation as to 
        why this data center should remain in use as part of the 
        submitted plan. The Federal Chief Information Officer shall 
        include an assessment of the agency explanation in the annual 
        report to Congress.
            (2) The consolidation of services within existing data 
        centers to increase server utilization rates.
            (3) Any other method that the Federal Chief Information 
        Officer, in consultation with the chief information officers of 
        covered agencies, determines necessary to optimize server 
        utilization.
    (b) Power Usage Effectiveness.--Each covered agency may use the 
following methods to achieve the maximum energy efficiency possible as 
determined by the Federal Chief Information Officer:
            (1) The use of the measurement of power usage effectiveness 
        to calculate data center energy efficiency.
            (2) The use of power meters in facilities dedicated to data 
        center operations to frequently measure power consumption over 
        time.
            (3) The establishment of power usage effectiveness goals 
        for each data center.
            (4) The adoption of best practices for managing--
                    (A) temperature and airflow in facilities dedicated 
                to data center operations; and
                    (B) power supply efficiency.
            (5) The implementation of any other method that the Federal 
        Chief Information Officer, in consultation with the Chief 
        Information Officers of covered agencies, determines necessary 
        to optimize data center energy efficiency.

SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION.

    (a) Requirement To Track Costs.--
            (1) In general.--Each covered agency shall track costs 
        resulting from implementation of the Federal Data Center 
        Optimization Initiative within the agency and submit a report 
        on those costs annually to the Federal Chief Information 
        Officer. Covered agencies shall determine the net costs from 
        data consolidation on an annual basis.
            (2) Factors.--In calculating net costs each year under 
        paragraph (1), a covered agency shall use the following 
        factors:
                    (A) Energy costs.
                    (B) Personnel costs.
                    (C) Real estate costs.
                    (D) Capital expense costs.
                    (E) Maintenance and support costs such as operating 
                subsystem, database, hardware, and software license 
                expense costs.
                    (F) Other appropriate costs, as determined by the 
                agency in consultation with the Federal Chief 
                Information Officer.
    (b) Requirement To Track Savings.--
            (1) In general.--Each covered agency shall track realized 
        and projected savings resulting from implementation of the 
        Federal Data Center Optimization Initiative within the agency 
        and submit a report on those savings annually to the Federal 
        Chief Information Officer. Covered agencies shall determine the 
        net savings from data consolidation on an annual basis.
            (2) Factors.--In calculating net savings each year under 
        paragraph (1), a covered agency shall use the following 
        factors:
                    (A) Energy savings.
                    (B) Personnel savings.
                    (C) Real estate savings.
                    (D) Capital expense savings.
                    (E) Maintenance and support savings such as 
                operating subsystem, database, hardware, and software 
                license expense savings.
                    (F) Other appropriate savings, as determined by the 
                agency in consultation with the Federal Chief 
                Information Officer.
            (3) Public availability.--The Federal Chief Information 
        Officer shall make publicly available a summary of realized and 
        projected savings for each covered agency. The Federal Chief 
        Information Officer shall identify any covered agency that 
        failed to provide the annual report required under paragraph 
        (1).
    (c) Requirement To Use Cost-Effective Measures.--Covered agencies 
shall use the most cost-effective measures to implement the Federal 
Data Center Optimization Initiative, such as using estimation to 
measure or track costs and savings using a methodology approved by the 
Federal Chief Information Officer.
    (d) Government Accountability Office Review.--Not later than 6 
months after the date of the enactment of this Act, the Comptroller 
General of the United States shall examine methods for calculating 
savings from the Initiative and using them for the purposes identified 
in subsection (d), including establishment and use of a special 
revolving fund that supports data centers and server optimization, and 
shall submit to the Federal Chief Information Officer and Congress a 
report on the Comptroller General's findings and recommendations.

SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF 
              INFORMATION OFFICER.

    (a) Agency Requirement To Report to CIO.--
            (1) In general.--Except as provided in paragraph (2), each 
        covered agency each year shall submit to the Federal Chief 
        Information Officer a report on the implementation of the 
        Federal Data Center Optimization Initiative, including savings 
        resulting from such implementation. The report shall include an 
        update of the agency's plan for implementing the Initiative.
            (2) Department of defense.--The Secretary of Defense shall 
        comply with paragraph (1) each year by submitting to the 
        Federal Chief Information Officer a report with relevant 
        information collected under section 2867 of Public Law 112-81 
        (10 U.S.C. 2223a note) or a copy of the report required under 
        section 2867(d) of such law.
    (b) Federal Chief Information Officer Requirement To Report to 
Congress.--Each year, the Federal Chief Information Officer shall 
submit to the relevant congressional committees a report that assesses 
agency progress in carrying out the Federal Data Center Optimization 
Initiative and updates the plan under section 203. The report may be 
included as part of the annual report required under section 3606 of 
title 44, United States Code.

    TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION 
                         TECHNOLOGY ACQUISITION

SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY SOFTWARE ASSETS.

    (a) Plan.--The Director shall develop a plan for conducting a 
Governmentwide inventory of information technology software assets.
    (b) Matters Covered.--The plan required by subsection (a) shall 
cover the following:
            (1) The manner in which Federal agencies can achieve the 
        greatest possible economies of scale and cost savings in the 
        procurement of information technology software assets, through 
        measures such as reducing the procurement of new software 
        licenses until such time as agency needs exceed the number of 
        existing and unused licenses.
            (2) The capability to conduct ongoing Governmentwide 
        inventories of all existing software licenses on an 
        application-by-application basis, including duplicative, 
        unused, overused, and underused licenses, and to assess the 
        need of agencies for software licenses.
            (3) A Governmentwide spending analysis to provide knowledge 
        about how much is being spent for software products or services 
        to support decisions for strategic sourcing under the Federal 
        strategic sourcing program managed by the Office of Federal 
        Procurement Policy.
    (c) Availability.--The inventory of information technology software 
assets shall be available to Chief Information Officers and such other 
Federal officials as the Chief Information Officers may, in 
consultation with the Chief Information Officers Council, designate.
    (d) Deadline and Submission to Congress.--Not later than 180 days 
after the date of the enactment of this Act, the Director shall 
complete and submit to Congress the plan required by subsection (a).
    (e) Implementation.--Not later than two years after the date of the 
enactment of this Act, the Director shall complete implementation of 
the plan required by subsection (a).
    (f) Review by Comptroller General.--Not later than two years after 
the date of the enactment of this Act, the Comptroller General of the 
United States shall review the plan required by subsection (a) and 
submit to the relevant congressional committees a report on the review.

SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY.

    (a) Website Consolidation.--The Director shall--
            (1) in consultation with Federal agencies, and after 
        reviewing the directory of public Federal Government websites 
        of each agency (as required to be established and updated under 
        section 207(f)(3) of the E-Government Act of 2002 (Public Law 
        107-347; 44 U.S.C. 3501 note)), assess all the publicly 
        available websites of Federal agencies to determine whether 
        there are duplicative or overlapping websites; and
            (2) require Federal agencies to eliminate or consolidate 
        those websites that are duplicative or overlapping.
    (b) Website Transparency.--The Director shall issue guidance to 
Federal agencies to ensure that the data on publicly available websites 
of the agencies are open and accessible to the public.
    (c) Matters Covered.--In preparing the guidance required by 
subsection (b), the Director shall--
            (1) develop guidelines, standards, and best practices for 
        interoperability and transparency;
            (2) identify interfaces that provide for shared, open 
        solutions on the publicly available websites of the agencies; 
        and
            (3) ensure that Federal agency Internet home pages, web-
        based forms, and web-based applications are accessible to 
        individuals with disabilities in conformance with section 508 
        of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
    (d) Deadline for Guidance.--The guidance required by subsection (b) 
shall be issued not later than 180 days after the date of the enactment 
of this Act.

SEC. 303. TRANSITION TO THE CLOUD.

    (a) Sense of Congress.--It is the sense of Congress that transition 
to cloud computing offers significant potential benefits for the 
implementation of Federal information technology projects in terms of 
flexibility, cost, and operational benefits.
    (b) Governmentwide Application.--In assessing cloud computing 
opportunities, the Chief Information Officers Council shall define 
policies and guidelines for the adoption of Governmentwide programs 
providing for a standardized approach to security assessment and 
operational authorization for cloud products and services.
    (c) Additional Budget Authorities for Transition.--In transitioning 
to the cloud, a Chief Information Officer of an agency listed in 
section 901(b) of title 31, United States Code, may establish such 
cloud service Working Capital Funds, in consultation with the Chief 
Financial Officer of the agency, as may be necessary to transition to 
cloud-based solutions. Any establishment of a new Working Capital Fund 
under this subsection shall be reported to the Committees on 
Appropriations of the House of Representatives and the Senate and 
relevant Congressional committees.

SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS BY 
              REQUIRING BUSINESS CASE ANALYSIS.

    (a) Purpose.--The purpose of this section is to leverage the 
Government's buying power and achieve administrative efficiencies and 
cost savings by eliminating unnecessary duplication of contracts.
    (b) Requirement for Business Case Approval.--
            (1) In general.--Chapter 33 of title 41, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3312. Requirement for business case approval for new 
              Governmentwide contracts
    ``(a) In General.--An executive agency may not issue a solicitation 
for a covered Governmentwide contract unless the agency performs a 
business case analysis for the contract and obtains an approval of the 
business case analysis from the Administrator for Federal Procurement 
Policy.
    ``(b) Review of Business Case Analysis.--
            ``(1) In general.--With respect to any covered 
        Governmentwide contract, the Administrator for Federal 
        Procurement Policy shall review the business case analysis 
        submitted for the contract and provide an approval or 
        disapproval within 60 days after the date of submission. Any 
        business case analysis not disapproved within such 60-day 
        period is deemed to be approved.
            ``(2) Basis for approval of business case.--The 
        Administrator for Federal Procurement Policy shall approve or 
        disapprove a business case analysis based on the adequacy of 
        the analysis submitted. The Administrator shall give primary 
        consideration to whether an agency has demonstrated a 
        compelling need that cannot be satisfied by existing 
        Governmentwide contract in a timely and cost-effective manner.
    ``(c) Content of Business Case Analysis.--The Administrator for 
Federal Procurement Policy shall issue guidance specifying the content 
for a business case analysis submitted pursuant to this section. At a 
minimum, the business case analysis shall include details on the 
administrative resources needed for such contract, including an 
analysis of all direct and indirect costs to the Federal Government of 
awarding and administering such contract and the impact such contract 
will have on the ability of the Federal Government to leverage its 
purchasing power.
    ``(b) Definitions.--In this section:
            ``(1) Covered governmentwide contract.--The term `covered 
        Governmentwide contract' means any contract, blanket purchase 
        agreement, or other contractual instrument for acquisition of 
        information technology or other goods or services that allows 
        for an indefinite number of orders to be placed under the 
        contract, agreement, or instrument, and that is established by 
        one executive agency for use by multiple executive agencies to 
        obtain goods or services. The term does not include--
                    ``(A) a multiple award schedule contract awarded by 
                the General Services Administration;
                    ``(B) a Governmentwide acquisition contract for 
                information technology awarded pursuant to sections 
                11302(e) and 11314(a)(2) of title 40;
                    ``(C) orders under Governmentwide contracts in 
                existence before the effective date of this section; or
                    ``(D) any contract in an amount less than 
                $10,000,000, determined on an average annual basis.
            ``(2) Executive agency.--The term `executive agency' has 
        the meaning provided that term by section 105 of title 5.''.
            (2) Clerical amendment.--The table of sections for chapter 
        33 of title 41, United States Code, is amended by adding after 
        the item relating to section 3311 the following new item:

``3312. Requirement for business case approval for new Governmentwide 
                            contracts.''.
    (c) Report.--Not later than June 1 in each of the next 6 years 
following the date of the enactment of this Act, the Administrator for 
Federal Procurement Policy shall submit to the relevant congressional 
committees a report on the implementation of section 3312 of title 41, 
United States Code, as added by subsection (b), including a summary of 
the submissions, reviews, approvals, and disapprovals of business case 
analyses pursuant to such section.
    (d) Guidance.--The Administrator for Federal Procurement Policy 
shall issue guidance for implementing section 3312 of such title.
    (e) Revision of FAR.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Acquisition Regulation shall be 
amended to implement section 3312 of such title.
    (g) Effective Date.--Section 3312 of such title is effective on and 
after 180 days after the date of the enactment of this Act.

    TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY 
                    ACQUISITION MANAGEMENT PRACTICES

   Subtitle A--Strengthening and Streamlining IT Program Management 
                               Practices

SEC. 401. PILOT PROGRAM ON INTERAGENCY COLLABORATION.

    (a) Pilot Program.--
            (1) In general.--Chapter 115 of title 40, United States 
        Code, is amended to read as follows:

 ``CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION MANAGEMENT PRACTICES

``Sec.
``11501. Pilot program on interagency collaboration.
``Sec. 11501. Pilot program on interagency collaboration
    ``(a) Requirement to Conduct Pilot Program.--The Director of the 
Office of Management and Budget shall conduct a three-year pilot 
program in accordance with the requirements of this section to test 
alternative approaches for the management of commonly used information 
technology by executive agencies.
    ``(b) Establishment and Purposes.--For purposes of the pilot 
program, the Director of the Office of Management and Budget shall 
establish a Federal Infrastructure and Common Application Collaboration 
Center (hereafter in this section referred to as the `Collaboration 
Center') within the Office of Electronic Government established under 
section 3602 of title 44. The purpose of the Collaboration Center is to 
serve as a resource for Federal agencies, available on an optional-use 
basis, to assist and promote coordinated program management practices 
and to develop and maintain requirements for the acquisition of IT 
infrastructure and common applications commonly used by various Federal 
agencies.
    ``(c) Organization of Center.--
            ``(1) Membership.--The Center shall consist of the 
        following members:
                    ``(A) An appropriate number, as determined by the 
                CIO Council, but not less than 12, full-time program 
                managers or cost specialists, all of whom have 
                appropriate experience in the private or Government 
                sector in managing or overseeing acquisitions of IT 
                infrastructure and common applications.
                    ``(B) At least 1 full-time detailee from each of 
                the Federal agencies listed in section 901(b) of title 
                31, nominated by the respective agency chief 
                information officer for a detail period of not less 
                than 1 year.
            ``(2) Working groups.--The Collaboration Center shall have 
        working groups that specialize in IT infrastructure and common 
        applications identified by the CIO Council. Each working group 
        shall be headed by a separate dedicated program manager 
        appointed by the Federal Chief Information Officer.
    ``(d) Capabilities and Functions of the Collaboration Center.--For 
each of the IT infrastructure and common application areas identified 
by the CIO Council, the Collaboration Center shall perform the 
following roles, and any other functions as directed by the Federal 
Chief Information Officer:
            ``(1) Develop, maintain, and disseminate requirements 
        suitable to establish contracts that will meet the common and 
        general needs of various Federal agencies as determined by the 
        Center. In doing so, the Center shall give maximum 
        consideration to the adoption of commercial standards and 
        industry acquisition best practices, including opportunities 
        for shared services, consideration of total cost of ownership, 
        preference for industry-neutral functional specifications 
        leveraging open industry standards and competition, and use of 
        long-term contracts, as appropriate.
            ``(2) Develop, maintain, and disseminate reliable cost 
        estimates.
            ``(3) Lead the review of significant or troubled IT 
        investments or acquisitions as identified by the CIO Council.
            ``(4) Provide expert aid to troubled IT investments or 
        acquisitions.
    ``(e) Guidance.--The Director, in consultation with the Chief 
Information Officers Council, shall issue guidance addressing the scope 
and operation of the Collaboration Center. The guidance shall require 
that the collaboration Center report to the Federal Chief Information 
Officer.
    ``(f) Report to Congress.--
            ``(1) In general.--The Director shall annually submit to 
        the relevant congressional committees a report detailing the 
        organization, staff, and activities of the Collaboration 
        Center, including--
                    ``(A) a list of IT infrastructure and common 
                applications the Center assisted;
                    ``(B) an assessment of the Center's achievement in 
                promoting efficiency, shared services, and elimination 
                of unnecessary Government requirements that are 
                contrary to commercial best practices; and
                    ``(C) the use and expenditure of amounts in the 
                Fund established under subsection (i).
            ``(2) Inclusion in other report.--The report may be 
        included as part of the annual E-Government status report 
        required under section 3606 of title 44.
    ``(g) Guidelines for Acquisition of IT Infrastructure and Common 
Applications.--
            ``(1) Guidelines.--The Collaboration Center shall establish 
        guidelines that, to the maximum extent possible, eliminate 
        inconsistent practices among executive agencies and ensure 
        uniformity and consistency in acquisition processes for IT 
        infrastructure and common applications across the Federal 
        Government.
            ``(2) Central website.--In preparing the guidelines, the 
        Collaboration Center, in consultation with the Chief 
        Acquisition Officers Council, shall offer executive agencies 
        the option of accessing a central website for best practices, 
        templates, and other relevant information.
    ``(h) Pricing Transparency.--The Collaboration Center, in 
collaboration with the Office of Federal Procurement Policy, the Chief 
Acquisition Officers Council, the General Services Administration, and 
the Assisted Acquisition Centers of Excellence, shall compile a price 
list and catalogue containing current pricing information by vendor for 
each of its IT infrastructure and common applications categories. The 
price catalogue shall contain any price provided by a vendor in a 
contract awarded for the same or similar good or service to any 
executive agency. The catalogue shall be developed in a fashion 
ensuring that it may be used for pricing comparisons and pricing 
analysis using standard data formats. The price catalogue shall not be 
made public, but shall be accessible to executive agencies.
    ``(i) Authorization to Use Fund.--In any fiscal year, 
notwithstanding section 321(c) of title 40, up to five percent of the 
fees collected during the prior fiscal year under the multiple award 
schedule contracts entered into by the Administrator of General 
Services and credited to the Acquisition Services Fund under section 
321 of title 40, may be used to fund the activities of the 
Collaboration Center. Each fiscal year, the Director, in consultation 
with the Federal Chief Information Officer, shall determine an 
appropriate amount needed to operate the Collaboration Center and the 
Administrator of General Services shall transfer amounts only to the 
extent and in such amounts as are provided in advance in appropriation 
acts from the Fund to the Director for the Center.
    ``(j) Definitions.--In this section:
            ``(1) Executive agency.--The term `executive agency' has 
        the meaning provided that term by section 105 of title 5.
            ``(2) Federal chief information officer.--The term `Federal 
        Chief Information Officer' means the Administrator of the 
        Office of Electronic Government established under section 3602 
        of title 44.
            ``(3) Relevant congressional committees.--The term 
        `relevant congressional committees' means each of the 
        following:
                    ``(A) The Committee on Oversight and Government 
                Reform and the Committee on Armed Services of the House 
                of Representatives.
                    ``(B) The Committee on Homeland Security and 
                Governmental Affairs and the Committee on Armed 
                Services of the Senate.''.
            (2) Clerical amendment.--The item relating to chapter 115 
        in the table of chapters at the beginning of subtitle III of 
        title 40, United States Code, is amended to read as follows:

``115. Information Technology Acquisition Management           11501''.
                            Practices.
    (b) Deadlines.--
            (1) Guidance.--Not later than 180 days after the date of 
        the enactment of this Act, the Director shall issue guidance 
        under section 11501(e) of title 40, United States Code, as 
        added by subsection (a).
            (2) Center.--Not later than 1 year after the date of the 
        enactment of this Act, the Director shall establish the Federal 
        Infrastructure and Common Application Collaboration Center, in 
        accordance with section 11501(b) of such title, as so added.
            (3) Guidelines.--Not later than 2 years after the date of 
        the enactment of this Act, the Federal Infrastructure and 
        Common Application Collaboration Center shall establish 
        guidelines in accordance with section 11501(g) of such title, 
        as so added.
    (c) Conforming Amendment.--Section 3602(c) of title 44, United 
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) all of the functions of the Federal Infrastructure 
        and Common Application Collaboration Center, as required under 
        section 11501 of title 40; and''.

SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CENTERS OF EXCELLENCE.

    (a) Designation.--Chapter 115 of title 40, United States Code, as 
amended by section 401, is further amended by adding at the end the 
following new section:

``SEC. 11502. ASSISTED ACQUISITION CENTERS OF EXCELLENCE.

    ``(a) Purpose.--The purpose of this section is to develop 
specialized assisted acquisition centers of excellence within the 
Federal Government to serve as a resource for Federal agencies, 
available on an optional-use basis, to assist and promote--
            ``(1) the effective use of best acquisition practices;
            ``(2) the development of specialized expertise in the 
        acquisition of information technology; and
            ``(3) Governmentwide sharing of acquisition capability to 
        augment any shortage in the information technology acquisition 
        workforce.
    ``(b) Designation of AACEs.--Not later than 1 year after the date 
of the enactment of this section, and every 3 years thereafter, the 
Director of the Office of Management and Budget, in consultation with 
the Chief Acquisition Officers Council and the Chief Information 
Officers Council, shall designate, redesignate, or withdraw the 
designation of acquisition centers of excellence within various 
executive agencies to carry out the functions set forth in subsection 
(d) in an area of specialized acquisition expertise as determined by 
the Director. Each such center of excellence shall be known as an 
`Assisted Acquisition Center of Excellence' or an `AACE'.
    ``(c) Use of Existing Authority.--This section provides no new 
authority to establish a franchise fund or revolving fund.
    ``(d) Functions.--The functions of each AACE are as follows:
            ``(1) Best practices.--To promote, develop, and implement 
        the use of best acquisition practices in the area of 
        specialized acquisition expertise that the AACE is designated 
        to carry out by the Director under subsection (b).
            ``(2) Assisted acquisitions.--To assist all Government 
        agencies in the expedient, strategic, and cost-effective 
        acquisition of the information technology goods or services 
        covered by such area of specialized acquisition expertise by 
        engaging in repeated and frequent acquisition of similar 
        information technology requirements.
            ``(3) Development and training of IT acquisition 
        workforce.--To assist in recruiting and training IT acquisition 
        cadres (referred to in section 1704(j) of title 41).
    ``(e) Criteria.--In designating, redesignating, or withdrawing the 
designation of an AACE, the Director shall consider, at a minimum, the 
following matters:
            ``(1) The subject matter expertise of the host agency in a 
        specific area of information technology acquisition.
            ``(2) For acquisitions of IT infrastructure and common 
        applications covered by the Federal Infrastructure and Common 
        Application Collaboration Center authorized under section 11501 
        of this title, the ability and willingness to collaborate with 
        the Collaboration Center and adhere to the requirements 
        standards established by the Collaboration Center.
            ``(3) The ability of an AACE to develop customized 
        requirements documents that meet the needs of executive 
        agencies as well as the current industry standards and 
        commercial best practices.
            ``(4) The ability of an AACE to consistently award and 
        manage various contracts, task or delivery orders, and other 
        acquisition arrangements in a timely, cost-effective, and 
        compliant manner.
            ``(5) The ability of an AACE to aggregate demands from 
        multiple executive agencies for similar information technology 
        goods or services and fulfill those demands in one acquisition.
            ``(6) The ability of an AACE to acquire innovative or 
        emerging commercial and noncommercial technologies using 
        various contracting methods, including ways to lower the entry 
        barriers for small businesses with limited Government 
        contracting experiences.
            ``(7) The ability of an AACE to maximize commercial item 
        acquisition, effectively manage high-risk contract types, 
        increase competition, promote small business participation, and 
        maximize use of available Governmentwide contracts.
            ``(8) The existence of an in-house cost estimating group 
        with expertise to consistently develop reliable cost estimates 
        that are accurate, comprehensive, well-documented, and 
        credible.
            ``(9) The ability of an AACE to employ best practices and 
        educate requesting agencies, to the maximum extent practicable, 
        regarding critical factors underlying successful major IT 
        acquisitions, including the following factors:
                    ``(A) Active engagement by program officials with 
                stakeholders.
                    ``(B) Possession by program staff of the necessary 
                knowledge and skills.
                    ``(C) Support of the programs by senior department 
                and agency executives.
                    ``(D) Involvement by end users and stakeholders in 
                the development of requirements.
                    ``(E) Participation by end users in testing of 
                system functionality prior to formal end user 
                acceptance testing.
                    ``(F) Stability and consistency of Government and 
                contractor staff.
                    ``(G) Prioritization of requirements by program 
                staff.
                    ``(H) Maintenance of regular communication with the 
                prime contractor by program officials.
                    ``(I) Receipt of sufficient funding by programs.
            ``(10) The ability of an AACE to run an effective 
        acquisition intern program in collaboration with the Federal 
        Acquisition Institute or the Defense Acquisition University.
            ``(11) The ability of an AACE to effectively and properly 
        manage fees received for assisted acquisitions pursuant to this 
        section.
    ``(f) Funds Received by AACEs.--
            ``(1) Availability.--Notwithstanding any other provision of 
        law or regulation, funds obligated and transferred from an 
        executive agency in a fiscal year to an AACE for the 
        acquisition of goods or services covered by an area of 
        specialized acquisition expertise of an AACE, regardless of 
        whether the requirements are severable or non-severable, shall 
        remain available for awards of contracts by the AACE for the 
        same general requirements for the next 5 fiscal years following 
        the fiscal year in which the funds were transferred.
            ``(2) Transition to new AACE.--If the AACE to which the 
        funds are provided under paragraph (1) becomes unable to 
        fulfill the requirements of the executive agency from which the 
        funds were provided, the funds may be provided to a different 
        AACE to fulfill such requirements. The funds so provided shall 
        be used for the same purpose and remain available for the same 
        period of time as applied when provided to the original AACE.
            ``(3) Relationship to existing authorities.--This 
        subsection does not limit any existing authorities an AACE may 
        have under its revolving or working capital funds authorities.
    ``(g) Government Accountability Office Review of AACE.--
            ``(1) Review.--The Comptroller General of the United States 
        shall review and assess--
                    ``(A) the use and management of fees received by 
                the AACEs pursuant to this section to ensure that an 
                appropriate fee structure is established and enforced 
                to cover activities addressed in this section and that 
                no excess fees are charged or retained; and
                    ``(B) the effectiveness of the AACEs in achieving 
                the purpose described in subsection (a), including 
                review of contracts.
            ``(2) Reports.--Not later than 1 year after the designation 
        or redesignation of AACES under subsection (b), the Comptroller 
        General shall submit to the relevant congressional committees a 
        report containing the findings and assessment under paragraph 
        (1).
    ``(h) Definitions.--In this section:
            ``(1) Assisted acquisition.--The term `assisted 
        acquisition' means a type of interagency acquisition in which 
        the parties enter into an interagency agreement pursuant to 
        which--
                    ``(A) the servicing agency performs acquisition 
                activities on the requesting agency's behalf, such as 
                awarding, administering, or closing out a contract, 
                task order, delivery order, or blanket purchase 
                agreement; and
                    ``(B) funding is provided through a franchise fund, 
                the Acquisition Services Fund in section 321 of this 
                title, sections 1535 and 1536 of title 31, or other 
                available methods.
            ``(2) Executive agency.--The term `executive agency' has 
        the meaning provided that term by section 133 of title 41.
            ``(3) Relevant congressional committees.--The term 
        `relevant congressional committees' has the meaning provided 
        that term by section 11501 of this title.
    ``(i) Revision of FAR.--The Federal Acquisition Regulation shall be 
amended to implement this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 115 of title 40, United States Code, as amended by section 401, 
is further amended by adding at the end the following new item:

``11502. Assisted Acquisition Centers of Excellence.''.

           Subtitle B--Strengthening IT Acquisition Workforce

SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMATION TECHNOLOGY 
              ACQUISITION CADRES.

    (a) Purpose.--The purpose of this section is to ensure timely 
progress by Federal agencies toward developing, strengthening, and 
deploying personnel with highly specialized skills in information 
technology acquisition, including program and project managers, to be 
known as information technology acquisition cadres.
    (b) Report to Congress.--Section 1704 of title 41, United States 
Code, is amended by adding at the end the following new subsection:
    ``(j) Strategic Plan on Information Technology Acquisition 
Cadres.--
            ``(1) Five-year strategic plan to congress.--Not later than 
        June 1 following the date of the enactment of this subsection, 
        the Director shall submit to the relevant congressional 
        committees a 5-year strategic plan (to be known as the `IT 
        Acquisition Cadres Strategic Plan') to develop, strengthen, and 
        solidify information technology acquisition cadres. The plan 
        shall include a timeline for implementation of the plan and 
        identification of individuals responsible for specific elements 
        of the plan during the 5-year period covered by the plan.
            ``(2) Matters covered.--The plan shall address, at a 
        minimum, the following matters:
                    ``(A) Current information technology acquisition 
                staffing challenges in Federal agencies, by previous 
                year's information technology acquisition value, and by 
                the Federal Government as a whole.
                    ``(B) The variety and complexity of information 
                technology acquisitions conducted by each Federal 
                agency covered by the plan, and the specialized 
                information technology acquisition workforce needed to 
                effectively carry out such acquisitions.
                    ``(C) The development of a sustainable funding 
                model to support efforts to hire, retain, and train an 
                information technology acquisition cadre of appropriate 
                size and skill to effectively carry out the acquisition 
                programs of the Federal agencies covered by the plan, 
                including an examination of interagency funding methods 
                and a discussion of how the model of the Defense 
                Acquisition Workforce Development Fund could be applied 
                to civilian agencies.
                    ``(D) Any strategic human capital planning 
                necessary to hire, retain, and train an information 
                acquisition cadre of appropriate size and skill at each 
                Federal agency covered by the plan.
                    ``(E) Governmentwide training standards and 
                certification requirements necessary to enhance the 
                mobility and career opportunities of the Federal 
                information technology acquisition cadre within the 
                Federal agencies covered by the plan.
                    ``(F) New and innovative approaches to workforce 
                development and training, including cross-functional 
                training, rotational development, and assignments both 
                within and outside the Government.
                    ``(G) Appropriate consideration and alignment with 
                the needs and priorities of the Infrastructure and 
                Common Application Collaboration Center, Assisted 
                Acquisition Centers of Excellence, and acquisition 
                intern programs.
                    ``(H) Assessment of the current workforce 
                competency and usage trends in evaluation technique to 
                obtain best value, including proper handling of 
                tradeoffs between price and nonprice factors.
                    ``(I) Assessment of the current workforce 
                competency in designing and aligning performance goals, 
                life cycle costs, and contract incentives.
                    ``(J) Assessment of the current workforce 
                competency in avoiding brand-name preference and using 
                industry-neutral functional specifications to leverage 
                open industry standards and competition.
                    ``(K) Use of integrated program teams, including 
                fully dedicated program managers, for each complex 
                information technology investment.
                    ``(L) Proper assignment of recognition or 
                accountability to the members of an integrated program 
                team for both individual functional goals and overall 
                program success or failure.
                    ``(M) The development of a technology fellows 
                program that includes provisions for recruiting, for 
                rotation of assignments, and for partnering directly 
                with universities with well-recognized information 
                technology programs.
                    ``(N) The capability to properly manage other 
                transaction authority (where such authority is 
                granted), including ensuring that the use of the 
                authority is warranted due to unique technical 
                challenges, rapid adoption of innovative or emerging 
                commercial or noncommercial technologies, or other 
                circumstances that cannot readily be satisfied using a 
                contract, grant, or cooperative agreement in accordance 
                with applicable law and the Federal Acquisition 
                Regulation.
                    ``(O) The use of student internship and scholarship 
                programs as a talent pool for permanent hires and the 
                use and impact of special hiring authorities and 
                flexibilities to recruit diverse candidates.
                    ``(P) The assessment of hiring manager satisfaction 
                with the hiring process and hiring outcomes, including 
                satisfaction with the quality of applicants interviewed 
                and hires made.
                    ``(Q) The assessment of applicant satisfaction with 
                the hiring process, including the clarity of the hiring 
                announcement, the user-friendliness of the application 
                process, communication from the hiring manager or 
                agency regarding application status, and timeliness of 
                the hiring decision.
                    ``(R) The assessment of new hire satisfaction with 
                the onboarding process, including the orientation 
                process, and investment in training and development for 
                employees during their first year of employment.
                    ``(S) Any other matters the Director considers 
                appropriate.
            ``(3) Annual report.--Not later than June 1 in each of the 
        5 years following the year of submission of the plan required 
        by paragraph (1), the Director shall submit to the relevant 
        congressional committees an annual report outlining the 
        progress made pursuant to the plan.
            ``(4) Government accountability office review of the plan 
        and annual report.--
                    ``(A) Not later than 1 year after the submission of 
                the plan required by paragraph (1), the Comptroller 
                General of the United States shall review the plan and 
                submit to the relevant congressional committees a 
                report on the review.
                    ``(B) Not later than 6 months after the submission 
                of the first, third, and fifth annual report required 
                under paragraph (3), the Comptroller General shall 
                independently assess the findings of the annual report 
                and brief the relevant congressional committees on the 
                Comptroller General's findings and recommendations to 
                ensure the objectives of the plan are accomplished.
            ``(5) Definitions.--In this subsection:
                    ``(A) The term `Federal agency' means each agency 
                listed in section 901(b) of title 31.
                    ``(B) The term `relevant congressional committees' 
                means each of the following:
                            ``(i) The Committee on Oversight and 
                        Government Reform and the Committee on Armed 
                        Services of the House of Representatives.
                            ``(ii) The Committee on Homeland Security 
                        and Governmental Affairs and the Committee on 
                        Armed Services of the Senate.''.

SEC. 412. PLAN ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT 
              PERFORMANCE.

    (a) Plan on Strengthening Program and Project Management 
Performance.--Not later than June 1 following the date of the enactment 
of this Act, the Director, in consultation with the Director of the 
Office of Personnel Management, shall submit to the relevant 
congressional committees a plan for improving management of IT programs 
and projects.
    (b) Matters Covered.--The plan required by subsection (a) shall 
include, at a minimum, the following:
            (1) Creation of a specialized career path for program 
        management.
            (2) The development of a competency model for program 
        management consistent with the IT project manager model.
            (3) A career advancement model that requires appropriate 
        expertise and experience for advancement.
            (4) A career advancement model that is more competitive 
        with the private sector and that recognizes both Government and 
        private sector experience.
            (5) Appropriate consideration and alignment with the needs 
        and priorities of the Infrastructure and Common Application 
        Collaboration Center, the Assisted Acquisition Centers of 
        Excellence, and acquisition intern programs.
    (c) Combination With Other Cadres Plan.--The Director may combine 
the plan required by subsection (a) with the IT Acquisition Cadres 
Strategic Plan required under section 1704(j) of title 41, United 
States Code, as added by section 411.

SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION OF 
              INFORMATION SYSTEMS AND INFORMATION TECHNOLOGY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management shall develop policy and guidance for agencies to develop a 
program to recognize excellent performance by Federal Government 
employees and teams of such employees in the acquisition of information 
systems and information technology for the agency.
    (b) Elements.--The program referred to in subsection (a) shall, to 
the extent practicable--
            (1) obtain objective outcome measures; and
            (2) include procedures for--
                    (A) the nomination of Federal Government employees 
                and teams of such employees for eligibility for 
                recognition under the program; and
                    (B) the evaluation of nominations for recognition 
                under the program by 1 or more agency panels of 
                individuals from Government, academia, and the private 
                sector who have such expertise, and are appointed in 
                such a manner, as the Director of the Office of 
                Personal Management shall establish for purposes of the 
                program.
    (c) Award of Cash Bonuses and Other Incentives.--In carrying out 
the program referred to in subsection (a), the Director of the Office 
of Personnel Management, in consultation with the Director of the 
Office of Management and Budget, shall establish policies and guidance 
for agencies to reward any Federal Government employee or teams of such 
employees recognized pursuant to the program--
            (1) with a cash bonus, to the extent that the performance 
        of such individual or team warrants the award of such bonus and 
        is authorized by any provision of law;
            (2) through promotions and other nonmonetary awards;
            (3) by publicizing--
                    (A) acquisition accomplishments by individual 
                employees; and
                    (B) the tangible end benefits that resulted from 
                such accomplishments, as appropriate; and
            (4) through other awards, incentives, or bonuses that the 
        head of the agency considers appropriate.

                      TITLE V--ADDITIONAL REFORMS

SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC SOURCING 
              INITIATIVE.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator for Federal Procurement Policy shall prescribe 
regulations providing that when the Federal Government makes a purchase 
of services and supplies offered under the Federal Strategic Sourcing 
Initiative (managed by the Office of Federal Procurement Policy) but 
such Initiative is not used, the contract file for the purchase shall 
include a brief analysis of the comparative value, including price and 
nonprice factors, between the services and supplies offered under such 
Initiative and services and supplies offered under the source or 
sources used for the purchase.

SEC. 502. GOVERNMENTWIDE SOFTWARE PURCHASING PROGRAM.

    (a) In General.--The Administrator of General Services, in 
collaboration with the Department of Defense, shall identify and 
develop a strategic sourcing initiative to enhance Governmentwide 
acquisition, shared use, and dissemination of software, as well as 
compliance with end user license agreements.
    (b) Examination of Methods.--In developing the initiative under 
subsection (a), the Administrator shall examine the use of realistic 
and effective demand aggregation models supported by actual agency 
commitment to use the models, and supplier relationship management 
practices, to more effectively govern the Government's acquisition of 
information technology.
    (c) Governmentwide User License Agreement.--The Administrator, in 
developing the initiative under subsection (a), shall allow for the 
purchase of a license agreement that is available for use by all 
executive agencies as one user to the maximum extent practicable and as 
appropriate.

SEC. 503. PROMOTING TRANSPARENCY OF BLANKET PURCHASE AGREEMENTS.

    (a) Price Information To Be Treated as Public Information.--The 
final negotiated price offered by an awardee of a blanket purchase 
agreement shall be treated as public information.
    (b) Publication of Blanket Purchase Agreement Information.--Not 
later than 180 days after the date of the enactment of this Act, the 
Administrator of General Services shall make available to the public a 
list of all blanket purchase agreements entered into by Federal 
agencies under its Federal Supply Schedules contracts and the prices 
associated with those blanket purchase agreements. The list and price 
information shall be updated at least once every 6 months.

SEC. 504. ADDITIONAL SOURCE SELECTION TECHNIQUE IN SOLICITATIONS.

    Section 3306(d) of title 41, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period and inserting ``; or'' at the 
        end of paragraph (2); and
            (3) by adding at the end the following new paragraph:
            ``(3) stating in the solicitation that the award will be 
        made using a fixed price technical competition, under which all 
        offerors compete solely on nonprice factors and the fixed award 
        price is pre-announced in the solicitation.''.

SEC. 505. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY INVESTMENTS.

    (a) Public Availability of Information About IT Investments.--
Section 11302(c) of title 40, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Public availability.--
                    ``(A) In general.--The Director shall make 
                available to the public the cost, schedule, and 
                performance data for all of the IT investments listed 
                in subparagraph (B), notwithstanding whether the 
                investments are for new IT acquisitions or for 
                operations and maintenance of existing IT.
                    ``(B) Investments listed.--The investments listed 
                in this subparagraph are the following:
                            ``(i) At least 80 percent (by dollar value) 
                        of all information technology investments 
                        Governmentwide.
                            ``(ii) At least 60 percent (by dollar 
                        value) of all information technology 
                        investments in each Federal agency listed in 
                        section 901(b) of title 31.
                            ``(iii) Every major information technology 
                        investment (as defined by the Office of 
                        Management and Budget) in each Federal agency 
                        listed in section 901(b) of title 31.
                    ``(C) Quarterly review and certification.--For each 
                investment listed in subparagraph (B), the agency Chief 
                Information Officer and the program manager of the 
                investment within the agency shall certify, at least 
                once every quarter, that the information is current, 
                accurate, and reflects the risks associated with each 
                listed investment. The Director shall conduct quarterly 
                reviews and publicly identify agencies with an 
                incomplete certification or with significant data 
                quality issues.
                    ``(D) Continuous availability.--The information 
                required under subparagraph (A), in its most updated 
                form, shall be publicly available at all times.
                    ``(E) Waiver or limitation authority.--The 
                applicability of subparagraph (A) may be waived or the 
                extent of the information may be limited--
                            ``(i) by the Director, with respect to IT 
                        investments Governmentwide; and
                            ``(ii) by the Chief Information Officer of 
                        a Federal agency, with respect to IT 
                        investments in that agency;
                if the Director or the Chief Information Officer, as 
                the case may be, determines that such a waiver or 
                limitation is in the national security interests of the 
                United States.''.
    (b) Additional Report Requirements.--Paragraph (3) of section 
11302(c) of such title, as redesignated by subsection (a), is amended 
by adding at the end the following: ``The report shall include an 
analysis of agency trends reflected in the performance risk information 
required in paragraph (2).''.

SEC. 506. ENHANCED COMMUNICATION BETWEEN GOVERNMENT AND INDUSTRY.

    Not later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulatory Council shall prescribe a 
regulation making clear that agency acquisition personnel are permitted 
and encouraged to engage in responsible and constructive exchanges with 
industry, so long as those exchanges are consistent with existing law 
and regulation and do not promote an unfair competitive advantage to 
particular firms.

SEC. 507. CLARIFICATION OF CURRENT LAW WITH RESPECT TO TECHNOLOGY 
              NEUTRALITY IN ACQUISITION OF SOFTWARE.

    (a) Purpose.--The purpose of this section is to establish guidance 
and processes to clarify that software acquisitions by the Federal 
Government are to be made using merit-based requirements development 
and evaluation processes that promote procurement choices--
            (1) based on performance and value, including the long-term 
        value proposition to the Federal Government;
            (2) free of preconceived preferences based on how 
        technology is developed, licensed, or distributed; and
            (3) generally including the consideration of proprietary, 
        open source, and mixed source software technologies.
    (b) Technology Neutrality.--Nothing in this section shall be 
construed to modify the Federal Government's long-standing policy of 
following technology-neutral principles and practices when selecting 
and acquiring information technology that best fits the needs of the 
Federal Government.
    (c) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Director, in consultation with the Chief 
Information Officers Council, shall issue guidance concerning the 
technology-neutral procurement and use of software within the Federal 
Government.
    (d) Matters Covered.--In issuing guidance under subsection (c), the 
Director shall include, at a minimum, the following:
            (1) Guidance to clarify that the preference for commercial 
        items in section 3307 of title 41, United States Code, includes 
        proprietary, open source, and mixed source software that meets 
        the definition of the term ``commercial item'' in section 103 
        of title 41, United States Code, including all such software 
        that is used for non-Government purposes and is licensed to the 
        public.
            (2) Guidance regarding the conduct of market research to 
        ensure the inclusion of proprietary, open source, and mixed 
        source software options.
            (3) Guidance to define Governmentwide standards for 
        security, redistribution, indemnity, and copyright in the 
        acquisition, use, release, and collaborative development of 
        proprietary, open source, and mixed source software.
            (4) Guidance for the adoption of available commercial 
        practices to acquire proprietary, open source, and mixed source 
        software for widespread Government use, including issues such 
        as security and redistribution rights.
            (5) Guidance to establish standard service level agreements 
        for maintenance and support for proprietary, open source, and 
        mixed source software products widely adopted by the 
        Government, as well as the development of Governmentwide 
        agreements that contain standard and widely applicable contract 
        provisions for ongoing maintenance and development of software.
            (6) Guidance on the role and use of the Federal 
        Infrastructure and Common Application Collaboration Center, 
        authorized under section 11501 of title 40, United States Code 
        (as added by section 401), for acquisition of proprietary, open 
        source, and mixed source software.
    (e) Report to Congress.--Not later than 2 years after the issuance 
of the guidance required by subsection (b), the Comptroller General of 
the United States shall submit to the relevant congressional committees 
a report containing--
            (1) an assessment of the effectiveness of the guidance;
            (2) an identification of barriers to widespread use by the 
        Federal Government of specific software technologies; and
            (3) such legislative recommendations as the Comptroller 
        General considers appropriate to further the purposes of this 
        section.

SEC. 508. NO ADDITIONAL FUNDS AUTHORIZED.

    Except as provided in section 11501(i) of title 40, United States 
Code, as added by section 401, no additional funds are authorized to 
carry out the requirements of this Act and the amendments made by this 
Act. Such requirements shall be carried out using amounts otherwise 
authorized or appropriated.

            Passed the House of Representatives February 25, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 1232

_______________________________________________________________________

                                 AN ACT

   To amend titles 40, 41, and 44, United States Code, to eliminate 
    duplication and waste in information technology acquisition and 
                              management.
```