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

                                                 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

_______________________________________________________________________

                                 A BILL

 
   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 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

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.

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) Information technology or it.--The term ``information 
        technology'' or ``IT'' has the meaning provided in section 
        11101(6) of title 40, United States Code.
            (7) 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, other than the Department of 
        Defense, 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 
        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 amendment.--Section 3506(a)(2)(A) of title 
        44, United States Code, is amended by inserting after ``each 
        agency'' the following: ``, other than an agency with a 
        Presidentially appointed or designated Chief Information 
        Officer as provided in section 11315(a)(1) of title 40,''.
    (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.--The head of each agency listed in 
                section 901(b)(1) or 901(b)(2) of title 31, other than 
                the Department of Defense, shall ensure that the Chief 
                Information Officer of the agency has the authority to 
                participate and provide input in the budget planning 
                process related to information technology or programs 
                that include significant information technology 
                components.
                    ``(B) Allocation.--Amounts appropriated for any 
                agency listed in section 901(b)(1) or 901(b)(2) of 
                title 31, other than the Department of Defense, 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 may be specified by, or approved by, the 
                Chief Information Officer of the agency.
            ``(2) Personnel-related authority.--The head of each agency 
        listed in section 901(b)(1) or 901(b)(2) of title 31, other 
        than the Department of Defense, 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) Requirement To Seek Advice From Chief Information Officer on 
Designation or Appointment of Other Chief Information Officers.--
            (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'. The head of the agency 
        shall seek the advice of the Chief Information Officer of the 
        agency in designating or appointing any deputy, associate, or 
        assistant chief information officer within the agency.''.
            (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 standards and practices 
        for infrastructure and common information technology 
        applications, including expansion of the Federal Enterprise 
        Architecture process if appropriate. The standards and 
        practices may address broader transparency, common inputs, 
        common outputs, and outcomes achieved. The standards 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) Direct the Federal Infrastructure and Common 
        Application Collaboration Center established under section 
        11501 of title 40.''.

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 created 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) 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.
            (4) 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.
            (5) 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.
            (6) Server utilization.--The term ``server utilization'' 
        refers to the activity level of a server relative to its 
        maximum activity level, expressed as a percentage.
            (7) 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, and other appropriate methods to meet 
        the requirements of the initiative; and
            (2) appropriate consideration of shifting Federally owned 
        data centers 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 data centers 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 data centers; 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.--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.
            (1) Factors.--In calculating net costs each year under 
        subsection (a), a covered agency shall use the following 
        factors:
                    (A) Energy costs.
                    (B) Personnel costs.
                    (C) Real estate costs.
                    (D) Capital expense costs.
                    (E) Operating system, database, and other 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.--Each covered agency shall track 
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.
            (1) Factors.--In calculating net savings each year under 
        subsection (b), a covered agency shall use the following 
        factors:
                    (A) Energy savings.
                    (B) Personnel savings.
                    (C) Real estate savings.
                    (D) Capital expense savings.
                    (E) Operating system, database, and other software 
                license expense savings.
                    (F) Other appropriate savings, as determined by the 
                agency in consultation with the Federal Chief 
                Information Officer.
    (c) Requirement To Use Cost-Effective Measures.--Covered agencies 
shall use the most cost-effective measures to implement the Federal 
Data Center Optimization Initiative.
    (d) Use of Savings.--Any savings resulting from implementation of 
the Federal Data Center Optimization Initiative within a covered agency 
shall be used for the following purposes:
            (1) To offset the costs of implementing the Initiative 
        within the agency.
            (2) To further enhance information technology capabilities 
        and services within the agency.
    (e) Government Accountability Office Review.--Not later than 3 
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.--Each year, each covered 
agency 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.
    (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 ASSETS.

    (a) Plan.--The Director shall develop a plan for conducting a 
Governmentwide inventory of information technology 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 assets, through measures 
        such as reducing hardware or software products or services that 
        are duplicative or overlapping and 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)  Other Inventories.--In developing the plan required by 
subsection (a), the Director shall review the inventory of information 
systems maintained by each agency under section 3505(c) of title 44, 
United States Code, and the inventory of information resources 
maintained by each agency under section 3506(b)(4) of such title.
    (d) Availability.--The inventory of information technology 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.
    (e) 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).
    (f) 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).
    (g) 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 as may be necessary to transition 
to cloud-based solutions. These cloud service Working Capital Funds may 
preserve funding for cloud service transitions for a period not to 
exceed 5 years per appropriation.

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.--Effective on and after 180 days after the 
        date of the enactment of this Act, an executive agency may not 
        issue a solicitation for a covered contract vehicle unless the 
        agency performs a business case analysis for the contract 
        vehicle and obtains an approval of the business case analysis 
        from the Administrator for Federal Procurement Policy.
            (2) Review of business case analysis.--
                    (A) In general.--With respect to any covered 
                contract vehicle, the Administrator for Federal 
                Procurement Policy shall review the business case 
                analysis submitted for the contract vehicle and provide 
                an approval or disapproval within 100 days after the 
                date of submission. Any business case analysis not 
                disapproved within such 100-day period is deemed to be 
                approved.
                    (B) 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 vehicles in a timely and cost-effective 
                manner.
            (3) 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 vehicle, including an analysis of all direct and 
        indirect costs to the Federal Government of awarding and 
        administering such contract vehicle and the impact such 
        contract vehicle will have on the ability of the Federal 
        Government to leverage its purchasing power.
    (c) Definitions.--
            (1) Covered contract vehicle.--The term ``covered contract 
        vehicle'' has the meaning provided by the Administrator for 
        Federal Procurement Policy in guidance issued pursuant to this 
        section and includes, at a minimum, any Governmentwide contract 
        vehicle , whether for acquisition of information technology or 
        other goods or services, in an amount greater than $50,000,000 
        (or $10,000,000, determined on an average annual basis, in the 
        case of such a contract vehicle performed over more than one 
        year). The term does not include a multiple award schedule 
        contract awarded by the General Services Administration, a 
        Governmentwide acquisition contract for information technology 
        awarded pursuant to sections 11302(e) and 11314(a)(2) of title 
        40, United States Code, or orders against existing 
        Governmentwide contract vehicles.
            (2) Governmentwide contract vehicle and executive agency.--
        The terms ``Governmentwide contract vehicle'' and ``executive 
        agency'' have the meanings provided in section 11501 of title 
        40, United States Code, as added by section 401.
    (d) 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 this section, including a 
summary of the submissions, reviews, approvals, and disapprovals of 
business case analyses pursuant to this section.
    (e) Guidance.--The Administrator for Federal Procurement Policy 
shall issue guidance for implementing this section.
    (f) 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 this section.

    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.

    (a) Establishment.--
            (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. Federal Infrastructure and Common Application Collaboration 
                            Center.
``Sec. 11501. Federal Infrastructure and Common Application 
              Collaboration Center
    ``(a) Establishment and Purposes.--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 
Management and Budget in accordance with this section. The purposes of 
the Collaboration Center are to serve as a focal point for 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.
    ``(b) 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 2 years.
            ``(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 CIO Council.
    ``(c) 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 CIO 
Council:
            ``(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, use of open 
        source software, and use of long-term contracts, as 
        appropriate.
            ``(2) Develop, maintain, and disseminate reliable cost 
        estimates that are accurate, comprehensive, well-documented, 
        and credible.
            ``(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.
    ``(d) 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 or his delegate.
    ``(e) Report to Congress.--The Director shall annually submit to 
the relevant congressional committees a report detailing the 
organization, staff, and activities of the Collaboration Center, 
including a list of IT infrastructure and common applications the 
Center assisted and 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.
    ``(f) Improvement of the DOD Enterprise Software Initiative and GSA 
Smartbuy Program.--
            ``(1) In general.--The Collaboration Center, in 
        collaboration with the Office of Federal Procurement Policy, 
        the Department of Defense, and the General Services 
        Administration, 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.
            ``(2) Examination of methods.--In developing the strategic 
        sourcing initiative, the Collaboration Center 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.
            ``(3) Governmentwide user license agreement.--The 
        Collaboration Center, in coordination with the Department of 
        Defense and the General Services Administration, shall issue 
        guidelines for establishing a Governmentwide contract vehicle 
        that allows for the purchase of a license agreement that is 
        available for use by all executive agencies as one user. To the 
        maximum extent practicable, in establishing the Governmentwide 
        contract vehicle, the Collaboration Center shall pursue direct 
        negotiation and contracting with major software publishers as 
        prime contractors.
    ``(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 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) Federal IT Acquisition Management Improvement Fund.--
            ``(1) Establishment and management of fund.--There is a 
        Federal IT Acquisition Management Improvement Fund (in this 
        subsection referred to as the `Fund'). The Administrator of 
        General Services shall manage the Fund through the 
        Collaboration Center to support the activities of the 
        Collaboration Center carried out pursuant to this section. The 
        Administrator of General Services shall consult with the 
        Director in managing the Fund.
            ``(2) Credits to fund.--Five percent of the fees collected 
        by executive agencies under the following contracts shall be 
        credited to the Fund:
                    ``(A) Governmentwide task and delivery order 
                contracts entered into under sections 4103 and 4105 of 
                title 41.
                    ``(B) Governmentwide contracts for the acquisition 
                of information technology and multiagency acquisition 
                contracts for that technology authorized by section 
                11314 of this title.
                    ``(C) Multiple-award schedule contracts entered 
                into by the Administrator of General Services.
            ``(3) Remittance by head of executive agency.--The head of 
        an executive agency that administers a contract described in 
        paragraph (2) shall remit to the General Services 
        Administration the amount required to be credited to the Fund 
        with respect to the contract at the end of each quarter of the 
        fiscal year.
            ``(4) Amounts not to be used for other purposes.--The 
        Administrator of General Services, through the Office of 
        Management and Budget, shall ensure that amounts collected 
        under this subsection are not used for a purpose other than the 
        activities of the Collaboration Center carried out pursuant to 
        this section.
            ``(5) Availability of amounts.--Amounts credited to the 
        Fund remain available to be expended only in the fiscal year 
        for which they are credited and the 4 succeeding fiscal years.
    ``(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) Governmentwide contract vehicle.--The term 
        `Governmentwide contract vehicle' means any contract, blanket 
        purchase agreement, or other contractual instrument that allows 
        for an indefinite number of orders to be placed within the 
        contract, agreement, or instrument, and that is established by 
        one executive agency for use by multiple executive agencies to 
        obtain supplies and services.
            ``(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.
    ``(k) Revision of FAR.--The Federal Acquisition Regulation shall be 
amended to implement this section.''.
            (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) Not later than 180 days after the date of the enactment 
        of this Act, the Director shall issue guidance under section 
        11501(d) of title 40, United States Code, as added by 
        subsection (a).
            (2) 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(a) of such title, as so added.
            (3) Not later than 2 years after the date of the enactment 
        of this Act, the Federal Infrastructure and Common Application 
        Collaboration Center shall--
                    (A) identify and develop a strategic sourcing 
                initiative in accordance with section 11501(f) of such 
                title, as so added; and
                    (B) establish guidelines in accordance with section 
                11501(g) of such title, as so added.

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 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 
(c) 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) 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 and low-cost 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).
    ``(d) 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 established 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 contract vehicles.
            ``(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.
    ``(e) 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) Additional transfer authority.--If the AACE to which 
        the funds are transferred under paragraph (1) becomes unable to 
        fulfill the requirements of the executive agency from which the 
        funds were transferred, the funds may be transferred to a 
        different AACE to fulfill such requirements. The funds so 
        transferred shall be used for the same purpose and remain 
        available for the same period of time as applied when 
        transferred 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.
    ``(f) Government Accountability Office Review of AACE.--
            ``(1) Review.--The Comptroller General of the United States 
        shall review and assess 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.
            ``(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).
    ``(g) 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.
    ``(h) 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) 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. 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. 503. 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. 504. 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):
            ``(2) Public availability.--
                    ``(A) In general.--The Director shall make 
                available to the public the cost, schedule, and 
                performance data for at least 80 percent (by dollar 
                value) of all information technology investments 
                Governmentwide, and 60 percent (by dollar value) of all 
                information technology investments in each Federal 
                agency listed in section 901(b) of title 31. The 
                Director shall ensure that the information is current, 
                accurate, and reflects the risks associated with each 
                covered information technology investment.
                    ``(B) 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. 505. 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. 506. CLARIFICATION OF CURRENT LAW WITH RESPECT TO OPEN SOURCE 
              SOFTWARE.

    (a) Purpose.--The purpose of this section is to establish guidance 
and processes to clarify that open source software is a valid 
procurement option that shall receive full consideration alongside 
other options, in merit-based requirements development and evaluation 
processes that promote procurement choices based on performance and 
value, and free of preconceived preferences based on how technology is 
developed, licensed, or distributed within the Federal Government.
    (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) Standards and Guidelines.--Section 11302(d) of title 40, United 
States Code, is amended by adding at the end the following: ``The 
standards and guidelines shall include those necessary to enable 
effective adoption of open source software.''.
    (d) 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 for the use and 
collaborative development of open source software within the Federal 
Government.
    (e) 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 
        all open 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 open source software.
            (3) Guidance to establish a program to educate the 
        acquisition workforce by providing information to identify and 
        counter misconceptions about open source software and to keep 
        such information updated.
            (4) Guidance to define Governmentwide standards for 
        security, redistribution, indemnity, and copyright in the 
        acquisition, use, release, and collaborative development of 
        open source software.
            (5) Guidance for the adoption of available commercial 
        practices to acquire open source software for widespread 
        Government use, including issues such as security and 
        redistribution rights.
            (6) Guidance to establish standard service level agreements 
        for maintenance and support for open 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 open source software.
            (7) Guidance on the role and use of the Federal 
        Infrastructure and Common Application Collaboration Center, 
        established pursuant to section 11501 of title 40, United 
        States Code (as added by section 401), for acquisition of open 
        source software.
    (f) 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 open source software; and
            (3) such legislative recommendations as the Comptroller 
        General considers appropriate to further the purposes of this 
        section.
                                                 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 Code, to eliminate 
    duplication and waste in information technology acquisition and 
                              management.

_______________________________________________________________________

                           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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