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 INFORMA-
TION TECHNOLOGY ACQUISITION CADRES. 
(a) PURPOSE.—The purpose of this section is to en-
sure timely progress by Federal agencies toward devel-
oping, strengthening, and deploying personnel with highly 
specialized skills in information technology acquisition, in-
cluding 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 TECH-
NOLOGY ACQUISITION CADRES.— 
‘‘(1) FIVE-YEAR
STRATEGIC
PLAN
TO
CON-
GRESS.—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 Acquisi-
tion Cadres Strategic Plan’) to develop, strengthen, 
and solidify information technology acquisition cad-
res. The plan shall include a timeline for implemen-
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tation 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 ad-
dress, at a minimum, the following matters: 
‘‘(A) Current information technology ac-
quisition staffing challenges in Federal agen-
cies, by previous year’s information technology 
acquisition value, and by the Federal Govern-
ment as a whole. 
‘‘(B) The variety and complexity of infor-
mation technology acquisitions conducted by 
each Federal agency covered by the plan, and 
the specialized information technology acquisi-
tion 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 Fed-
eral agencies covered by the plan, including an 
examination of interagency funding methods 
and a discussion of how the model of the De-
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fense Acquisition Workforce Development Fund 
could be applied to civilian agencies. 
‘‘(D) Any strategic human capital planning 
necessary to hire, retain, and train an informa-
tion acquisition cadre of appropriate size and 
skill at each Federal agency covered by the 
plan. 
‘‘(E) Governmentwide training standards 
and certification requirements necessary to en-
hance 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
develop-
ment, and assignments both within and outside 
the Government. 
‘‘(G) Appropriate consideration and align-
ment with the needs and priorities of the Infra-
structure and Common Application Collabora-
tion Center, Assisted Acquisition Centers of Ex-
cellence, and acquisition intern programs. 
‘‘(H) Assessment of the current workforce 
competency and usage trends in evaluation 
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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 perform-
ance goals, life cycle costs, and contract incen-
tives. 
‘‘(J) Assessment of the current workforce 
competency in avoiding brand-name preference 
and using industry-neutral functional specifica-
tions to leverage open industry standards and 
competition. 
‘‘(K) Use of integrated program teams, in-
cluding fully dedicated program managers, for 
each complex information technology invest-
ment. 
‘‘(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 fel-
lows program that includes provisions for re-
cruiting, for rotation of assignments, and for 
partnering directly with universities with well- 
recognized information technology programs. 
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‘‘(N) The capability to properly manage 
other transaction authority (where such author-
ity is granted), including ensuring that the use 
of the authority is warranted due to unique 
technical challenges, rapid adoption of innova-
tive or emerging commercial or noncommercial 
technologies, or other circumstances that can-
not readily be satisfied using a contract, grant, 
or cooperative agreement in accordance with ap-
plicable law and the Federal Acquisition Regu-
lation. 
‘‘(O) The use of student internship and 
scholarship programs as a talent pool for per-
manent hires and the use and impact of special 
hiring authorities and flexibilities to recruit di-
verse 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 satisfac-
tion with the hiring process, including the clar-
ity of the hiring announcement, the user-friend-
liness of the application process, communication 
from the hiring manager or agency regarding 
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application status, and timeliness of the hiring 
decision. 
‘‘(R) The assessment of new hire satisfac-
tion 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 con-
siders appropriate. 
‘‘(3) ANNUAL REPORT.—Not later than June 1 
in each of the 5 years following the year of submis-
sion of the plan required by paragraph (1), the Di-
rector 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 sub-
mission 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 re-
view. 
‘‘(B) Not later than 6 months after the 
submission of the first, third, and fifth annual 
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report required under paragraph (3), the Comp-
troller General shall independently assess the 
findings of the annual report and brief the rel-
evant congressional committees on the Comp-
troller General’s findings and recommendations 
to ensure the objectives of the plan are accom-
plished. 
‘‘(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 Represent-
atives. 
‘‘(ii) The Committee on Homeland Se-
curity and Governmental Affairs and the 
Committee on Armed Services of the Sen-
ate.’’. 
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, 
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the Director, in consultation with the Director of the Of-
fice of Personnel Management, shall submit to the relevant 
congressional committees a plan for improving manage-
ment of IT programs and projects. 
(b) MATTERS COVERED.—The plan required by sub-
section (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 advance-
ment. 
(4) A career advancement model that is more 
competitive with the private sector and that recog-
nizes both Government and private sector experi-
ence. 
(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 ac-
quisition intern programs. 
(c) COMBINATION WITH OTHER CADRES PLAN.— 
The Director may combine the plan required by subsection 
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(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 Of-
fice 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 informa-
tion systems and information technology for the agency. 
(b) ELEMENTS.—The program referred to in sub-
section (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 eli-
gibility for recognition under the program; and 
(B) the evaluation of nominations for rec-
ognition under the program by 1 or more agen-
cy panels of individuals from Government, aca-
demia, and the private sector who have such ex-
pertise, and are appointed in such a manner, as 
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the Director of the Office of Personal Manage-
ment shall establish for purposes of the pro-
gram. 
(c) AWARD OF CASH BONUSES AND OTHER INCEN-
TIVES.—In carrying out the program referred to in sub-
section (a), the Director of the Office of Personnel Man-
agement, 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 provi-
sion of law; 
(2) through promotions and other nonmonetary 
awards; 
(3) by publicizing— 
(A) acquisition accomplishments by indi-
vidual employees; and 
(B) the tangible end benefits that resulted 
from such accomplishments, as appropriate; 
and 
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(4) through other awards, incentives, or bo-
nuses that the head of the agency considers appro-
priate. 
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 enact-
ment of this Act, the Administrator for Federal Procure-
ment Policy shall prescribe regulations providing that 
when the Federal Government makes a purchase of serv-
ices and supplies offered under the Federal Strategic 
Sourcing Initiative (managed by the Office of Federal Pro-
curement Policy) but such Initiative is not used, the con-
tract file for the purchase shall include a brief analysis 
of the comparative value, including price and nonprice fac-
tors, 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 
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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 ex-
amine the use of realistic and effective demand aggrega-
tion models supported by actual agency commitment to 
use the models, and supplier relationship management 
practices, to more effectively govern the Government’s ac-
quisition of information technology. 
(c)
GOVERNMENTWIDE
USER
LICENSE
AGREE-
MENT.—The Administrator, in developing the initiative 
under subsection (a), shall allow for the purchase of a li-
cense 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 PUR-
CHASE AGREEMENTS. 
(a) PRICE INFORMATION TO BE TREATED AS PUB-
LIC 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 AGREE-
MENT 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 
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of all blanket purchase agreements entered into by Federal 
agencies under its Federal Supply Schedules contracts and 
the prices associated with those blanket purchase agree-
ments. 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 competi-
tion, under which all offerors compete solely on 
nonprice factors and the fixed award price is pre-an-
nounced 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— 
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(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing 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 invest-
ments listed in subparagraph (B), notwith-
standing whether the investments are for new 
IT acquisitions or for operations and mainte-
nance of existing IT. 
‘‘(B) INVESTMENTS LISTED.—The invest-
ments listed in this subparagraph are the fol-
lowing: 
‘‘(i) At least 80 percent (by dollar 
value) of all information technology invest-
ments Governmentwide. 
‘‘(ii) At least 60 percent (by dollar 
value) of all information technology invest-
ments in each Federal agency listed in sec-
tion 901(b) of title 31. 
‘‘(iii) Every major information tech-
nology investment (as defined by the Office 
of Management and Budget) in each Fed-
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eral agency listed in section 901(b) of title 
31. 
‘‘(C) QUARTERLY
REVIEW
AND
CERTIFI-
CATION.—For each investment listed in sub-
paragraph (B), the agency Chief Information 
Officer and the program manager of the invest-
ment within the agency shall certify, at least 
once every quarter, that the information is cur-
rent, 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
AUTHOR-
ITY.—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 
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‘‘(ii) by the Chief Information Officer 
of a Federal agency, with respect to IT in-
vestments 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.—Para-
graph (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 re-
quired in paragraph (2).’’. 
SEC. 506. ENHANCED COMMUNICATION BETWEEN GOVERN-
MENT AND INDUSTRY. 
Not later than 180 days after the date of the enact-
ment of this Act, the Federal Acquisition Regulatory 
Council shall prescribe a regulation making clear that 
agency acquisition personnel are permitted and encour-
aged 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. 
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SEC. 507. CLARIFICATION OF CURRENT LAW WITH RE-
SPECT TO TECHNOLOGY NEUTRALITY IN AC-
QUISITION OF SOFTWARE. 
(a) PURPOSE.—The purpose of this section is to es-
tablish guidance and processes to clarify that software ac-
quisitions by the Federal Government are to be made 
using merit-based requirements development and evalua-
tion processes that promote procurement choices— 
(1) based on performance and value, including 
the long-term value proposition to the Federal Gov-
ernment; 
(2) free of preconceived preferences based on 
how technology is developed, licensed, or distributed; 
and 
(3) generally including the consideration of pro-
prietary, open source, and mixed source software 
technologies. 
(b) TECHNOLOGY NEUTRALITY.—Nothing in this 
section shall be construed to modify the Federal Govern-
ment’s long-standing policy of following technology-neu-
tral principles and practices when selecting and acquiring 
information technology that best fits the needs of the Fed-
eral Government. 
(c) GUIDANCE.—Not later than 180 days after the 
date of the enactment of this Act, the Director, in con-
sultation with the Chief Information Officers Council, 
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shall issue guidance concerning the technology-neutral 
procurement and use of software within the Federal Gov-
ernment. 
(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 li-
censed 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 stand-
ards for security, redistribution, indemnity, and 
copyright in the acquisition, use, release, and col-
laborative development of proprietary, open source, 
and mixed source software. 
(4) Guidance for the adoption of available com-
mercial practices to acquire proprietary, open source, 
and mixed source software for widespread Govern-
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ment use, including issues such as security and re-
distribution rights. 
(5) Guidance to establish standard service level 
agreements for maintenance and support for propri-
etary, open source, and mixed source software prod-
ucts widely adopted by the Government, as well as 
the development of Governmentwide agreements that 
contain standard and widely applicable contract pro-
visions for ongoing maintenance and development of 
software. 
(6) Guidance on the role and use of the Federal 
Infrastructure and Common Application Collabora-
tion 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; 
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(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 addi-
tional 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. 
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. 
TITLE I—MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN 
FEDERAL GOVERNMENT 
Sec. 101. CIO authority enhancements. 
Sec. 102. Enhanced transparency and improved risk management in information 
technology investments. 
Sec. 103. Governmentwide software purchasing program. 
TITLE II—PORTFOLIO REVIEW AND FEDERAL DATA CENTER 
CONSOLIDATION INITIATIVE 
Sec. 201. Portfolio review. 
Sec. 202. Federal data center consolidation initiative. 
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TITLE I—MANAGEMENT OF IN-
FORMATION 
TECHNOLOGY 
WITHIN 
FEDERAL 
GOVERN-
MENT 
SEC. 101. CIO AUTHORITY ENHANCEMENTS. 
(a) IN GENERAL.—Subchapter II of chapter 113 of 
title 40, United States Code, is amended by adding at the 
end the following: 
‘‘§ 11319. Resources, planning, and portfolio manage-
ment 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered agency’ means each agen-
cy listed in section 901(b)(1) or 901(b)(2) of title 31; 
and 
‘‘(2) the term ‘information technology’ has the 
meaning given that term under capital planning 
guidance issued by the Office of Management and 
Budget. 
‘‘(b) ADDITIONAL AUTHORITIES FOR CIOS.— 
‘‘(1) PLANNING, PROGRAMMING, BUDGETING, AND 
EXECUTION AUTHORITIES FOR CIOS.— 
‘‘(A) IN GENERAL.—The head of each cov-
ered agency and each agency listed in section 
102 of title 5 shall ensure that the Chief Infor-
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mation Officer of the agency has a significant 
role in— 
‘‘(i) the decision processes for all an-
nual and multi-year planning, program-
ming, budgeting, and execution decisions, 
related reporting requirements, and reports 
related to information technology; and 
‘‘(ii) the management, governance and 
oversight processes related to information 
technology. 
‘‘(B) BUDGET FORMULATION.— 
‘‘(i) IN GENERAL.—The Director of the 
Office of Management and Budget shall re-
quire in the annual information technology 
capital planning guidance of the Office of 
Management and Budget that the Chief In-
formation Officer of each covered agency— 
‘‘(I) approve the information tech-
nology budget request of the covered 
agency; 
‘‘(II) as part of an approval 
under subclause (I), certify that infor-
mation technology investments are ade-
quately implementing incremental de-
velopment, as defined in capital plan-
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ning guidance issued by the Office of 
Management and Budget; and 
‘‘(III) acting in conjunction with 
the Chief Human Capital Officer of the 
covered agency, review all positions 
with information technology respon-
sibilities requested in the budget re-
quest of the covered agency to ensure 
the positions meet the ongoing require-
ments of the covered agency. 
‘‘(C) REVIEW.— 
‘‘(i) IN GENERAL.—A covered agency 
and an agency listed in section 102 of title 
5— 
‘‘(I) may not enter into a contract 
or other agreement for information 
technology or information technology 
services, unless the contract or other 
agreement has been reviewed and ap-
proved by the Chief Information Offi-
cer of the agency; 
‘‘(II) may not request the re-
programming of any funds made 
available for information technology 
programs, unless the request has been 
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reviewed and approved by the Chief 
Information Officer of the agency; and 
‘‘(III) may use the governance 
processes of the agency to approve such 
a contract or other agreement if the 
Chief Information Officer of the agency 
is included as a full participant in the 
governance processes. 
‘‘(ii) DELEGATION.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the duties of a 
Chief Information Officer under clause 
(i) are not delegable. 
‘‘(II) NON-MAJOR
INFORMATION 
TECHNOLOGY
INVESTMENTS.—For a 
contract or agreement for a non-major 
information technology investment, as 
defined in the annual information 
technology capital planning guidance 
of the Office of Management and Budg-
et, the Chief Information Officer of a 
covered agency or an agency listed in 
section 102 of title 5 may delegate the 
approval of the contract or agreement 
under clause (i) to an individual who 
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reports directly to the Chief Informa-
tion Officer. 
‘‘(2) PERSONNEL-RELATED
AUTHORITY.—Not-
withstanding any other provision of law, for each cov-
ered agency, the Chief Information Officer of the cov-
ered agency shall approve the appointment of any 
other employee with the title of Chief Information Of-
ficer, or who functions in the capacity of a Chief In-
formation Officer, for any component organization 
within the covered agency.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 113 of title 40, United States 
Code, is amended by inserting after the item relating to 
section 11318 the following: 
‘‘11319. Resources, planning, and portfolio management.’’. 
SEC. 102. ENHANCED TRANSPARENCY AND IMPROVED RISK 
MANAGEMENT 
IN 
INFORMATION 
TECH-
NOLOGY INVESTMENTS. 
(a) PUBLIC AVAILABILITY OF INFORMATION ABOUT IN-
FORMATION
TECHNOLOGY
INVESTMENTS.—Section 
11302(c) of title 40, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (5), respectively; 
(2) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) DEFINITIONS.—In this subsection— 
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‘‘(A) the term ‘covered agency’ means an 
agency listed in section 901(b)(1) or 901(b)(2) of 
title 31; and 
‘‘(B) the term ‘major information tech-
nology investment’ means an investment within 
a covered agency information technology invest-
ment portfolio that is designated by the covered 
agency as major, in accordance with capital 
planning guidance issued by the Director.’’; and 
(3) by inserting after paragraph (2), as so redes-
ignated, the following: 
‘‘(3) PUBLIC AVAILABILITY.— 
‘‘(A) IN
GENERAL.—The Director shall 
make available to the public the cost, schedule, 
and performance data for each major informa-
tion technology investment, without regard to 
whether the investments are for new information 
technology acquisitions or for operations and 
maintenance of existing information technology. 
‘‘(B) QUARTERLY
REVIEW
AND
CERTIFI-
CATION.— 
‘‘(i) IN GENERAL.—For each major in-
formation 
technology 
investment 
listed 
under subparagraph (A), the Chief Informa-
tion Officer of the covered agency and the 
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program manager of the investment within 
the covered agency shall, at least once every 
quarter— 
‘‘(I) certify that the information 
is current, accurate, and reflects the 
risks associated with each listed invest-
ment; and 
‘‘(II) identify significant data 
quality issues that affect the quality of 
data made available under subpara-
graph (A). 
‘‘(ii) INCOMPLETE CERTIFICATIONS.— 
The Director shall publicly identify covered 
agencies with an incomplete certification 
under clause (i)(I). 
‘‘(C) INVESTMENT EVALUATION BY AGENCY 
CIO.—For each major information technology in-
vestment listed under subparagraph (A), the 
Chief Information Officer of the covered agency 
shall— 
‘‘(i) categorize the investment accord-
ing to level of risk; 
‘‘(ii) categorize the level of risk of the 
investment at a risk rating that is not lower 
than the higher of the cost rating and sched-
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ule risk rating of the investment, as deter-
mined in accordance with guidance issued 
by the Director; and 
‘‘(iii) categorize the level of risk as not 
lower than medium risk for any investment 
determined by the Chief Information Officer 
and program manager to not employ incre-
mental development, as determined in ac-
cordance with capital planning guidance 
issued by the Director. 
‘‘(D) CONTINUOUS AVAILABILITY.—The in-
formation required under subparagraph (A), in 
its most updated form, shall be publicly avail-
able 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 by the Director, if the Director deter-
mines that such a waiver or limitation is in the 
national security interests of the United States. 
‘‘(4) RISK MANAGEMENT.—For each major infor-
mation technology investment listed under paragraph 
(3)(A) that receives a high risk rating, as described 
in paragraph (3)(C), for 4 consecutive quarters— 
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‘‘(A) the Administrator of the Office of Elec-
tronic Government, in conjunction with the Chief 
Information Officer of the covered agency and 
the program manager of the investment within 
the covered agency, shall conduct a review of the 
investment that shall identify— 
‘‘(i) the root causes of the high level of 
risk of the investment; 
‘‘(ii) the extent to which these causes 
can be addressed; and 
‘‘(iii) the probability of future success; 
‘‘(B) the Administrator of the Office of Elec-
tronic Government shall communicate the results 
of the review under subparagraph (A) to— 
‘‘(i) the Committee on Homeland Secu-
rity and Governmental Affairs and the 
Committee on Appropriations of the Senate; 
‘‘(ii) the Committee on Oversight and 
Government Reform and the Committee on 
Appropriations of the House of Representa-
tives; and 
‘‘(iii) upon a request by any committee 
of Congress, to that committee; and 
‘‘(C) if, on the date that is 1 year after the 
date of completion of the review required under 
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subparagraph (A), the investment is rated as 
high risk under paragraph (3)(C), the Director 
shall deny any request for additional develop-
ment, modernization, or enhancement funding 
for the investment until the date on which the 
Chief Information Officer of the covered agency 
certifies that— 
‘‘(i) the root causes of the high level of 
risk of the investment have been addressed; 
and 
‘‘(ii) there is sufficient capability to 
deliver the remaining planned increments 
within the planned cost and schedule.’’. 
(b) ADDITIONAL
REPORT
REQUIREMENTS.—Para-
graph (5) of section 11302(c) of such title, as redesignated 
by subsection (a), is amended by adding at the end the fol-
lowing: ‘‘The report shall include an analysis of covered 
agency trends reflected in the performance risk information 
required in paragraph (3).’’. 
(c) SUNSET.—Effective on the date that is 5 years after 
the date of enactment of this Act, section 11302(c) of title 
40, United States Code, is amended— 
(1) by striking paragraphs (1), (3), and (4); 
(2) by redesignating paragraphs (2) and (5) as 
paragraphs (1) and (2), respectively; and 
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(3) in paragraph (2), as so redesignated, by 
striking the last sentence. 
SEC. 103. GOVERNMENTWIDE SOFTWARE PURCHASING PRO-
GRAM. 
(a) IN GENERAL.—The Administrator of General 
Services, in collaboration with the Secretary of Defense, 
shall identify and develop a strategic sourcing initiative to 
enhance Governmentwide acquisition, shared use, and dis-
semination of software, as well as compliance with end user 
license agreements. 
(b) GOVERNMENTWIDE USER LICENSE AGREEMENT.— 
The Administrator, in developing the initiative under sub-
section (a), shall allow for the purchase of a license agree-
ment that is available for use by all Executive agencies (as 
defined in section 105 of title 5, United States Code) as 
one user to the maximum extent practicable and as appro-
priate. 
TITLE 
II—PORTFOLIO 
REVIEW 
AND FEDERAL DATA CENTER 
CONSOLIDATION INITIATIVE 
SEC. 201. PORTFOLIO REVIEW. 
(a) IN GENERAL.—Section 11319 of title 40, United 
States Code, as added by section 101, is amended by adding 
at the end the following: 
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‘‘(c) INFORMATION TECHNOLOGY PORTFOLIO, PRO-
GRAM, AND RESOURCE REVIEWS.— 
‘‘(1) PROCESS.—The Director of the Office of 
Management and Budget shall implement a process to 
assist covered agencies in reviewing their portfolio of 
information technology investments to identify or de-
velop— 
‘‘(A) ways to increase the efficiency and ef-
fectiveness of the information technology invest-
ments of the covered agency; 
‘‘(B) opportunities to consolidate the acqui-
sition and management of information tech-
nology services, and increase the use of shared- 
service delivery models; 
‘‘(C) potential duplication and waste, in-
cluding unnecessary or duplicative software li-
censes; 
‘‘(D) potential cost savings, including cost 
savings and cost avoidance opportunities related 
to software licenses of the covered agency; 
‘‘(E) plans for actions to optimize the infor-
mation technology portfolio, programs, and re-
sources of the covered agency; 
‘‘(F) ways to better align the information 
technology portfolio, programs, and financial re-
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sources of the covered agency to the multi-year 
funding profiles and strategic plans, when such 
plans are required by Congress; 
‘‘(G) a multi-year strategy to identify and 
reduce duplication and waste within the infor-
mation technology portfolio of the covered agen-
cy, including component-level investments, and 
projected cost savings and avoidances resulting 
therefrom; and 
‘‘(H) any other goals that the Director may 
establish. 
‘‘(2) 
METRICS
AND
PERFORMANCE
INDICA-
TORS.—The Director of the Office of Management and 
Budget shall develop standardized cost savings and 
cost avoidance metrics and performance indicators, 
which shall be used by agencies for the purposes of 
paragraph (1). 
‘‘(3) ANNUAL REVIEW.—In accordance with the 
process implemented under paragraph (1), the Chief 
Information Officer of each covered agency, in con-
junction with the Chief Operating Officer or Deputy 
Secretary (or equivalent) of the covered agency and 
Administrator of the Office of Electronic Government, 
shall conduct an annual review of the information 
technology portfolio of the covered agency. 
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‘‘(4) QUARTERLY REPORTS.— 
‘‘(A) IN GENERAL.—The Administrator of 
the Office of Electronic Government shall submit 
a quarterly report on the cost savings and reduc-
tions in duplicative information technology in-
vestments identified through the review required 
by paragraph (3) to— 
‘‘(i) the Committee on Homeland Secu-
rity and Governmental Affairs and the 
Committee on Appropriations of the Senate; 
‘‘(ii) the Committee on Oversight and 
Government Reform and the Committee on 
Appropriations of the House of Representa-
tives; and 
‘‘(iii) upon a request by any committee 
of Congress, to that committee. 
‘‘(B) INCLUSION IN OTHER REPORTS.—The 
reports required under subparagraph (A) may be 
included as part of another report submitted to 
the committees of Congress described in clauses 
(i), (ii), and (iii) of subparagraph (A).’’. 
(b) SUNSET.—Effective on the date that is 5 years 
after the date of enactment of this Act, section 11319 of title 
40, United States Code, is amended by striking subsection 
(c). 
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SEC. 202. FEDERAL DATA CENTER CONSOLIDATION INITIA-
TIVE. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator for the Office of E- 
Government and Information Technology within the 
Office of Management and Budget. 
(2) COVERED AGENCY.—The term ‘‘covered agen-
cy’’ means the following (including all associated 
components of the agency): 
(A) Department of Agriculture; 
(B) Department of Commerce; 
(C) Department of Defense; 
(D) Department of Education; 
(E) Department of Energy; 
(F) Department of Health and Human 
Services; 
(G) Department of Homeland Security; 
(H) Department of Housing and Urban De-
velopment; 
(I) Department of the Interior; 
(J) Department of Justice; 
(K) Department of Labor; 
(L) Department of State; 
(M) Department of Transportation; 
(N) Department of Treasury; 
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(O) Department of Veterans Affairs; 
(P) Environmental Protection Agency; 
(Q) General Services Administration; 
(R) National Aeronautics and Space Ad-
ministration; 
(S) National Science Foundation; 
(T) Nuclear Regulatory Commission; 
(U) Office of Personnel Management; 
(V) Small Business Administration; 
(W) Social Security Administration; and 
(X) United States Agency for International 
Development. 
(3) FDCCI.—The term ‘‘FDCCI’’ means the 
Federal Data Center Consolidation Initiative de-
scribed in the Office of Management and Budget 
Memorandum on the Federal Data Center Consolida-
tion Initiative, dated February 26, 2010, or any suc-
cessor thereto. 
(4) GOVERNMENT-WIDE DATA CENTER CONSOLI-
DATION
AND
OPTIMIZATION
METRICS.—The term 
‘‘Government-wide data center consolidation and op-
timization metrics’’ means the metrics established by 
the Administrator under subsection (b)(2)(G). 
(b) FEDERAL DATA CENTER CONSOLIDATION INVEN-
TORIES AND STRATEGIES.— 
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(1) IN GENERAL.— 
(A) ANNUAL REPORTING.—Each year, be-
ginning in the first fiscal year after the date of 
enactment of this Act and each fiscal year there-
after, the head of each covered agency, assisted by 
the Chief Information Officer of the agency, shall 
submit to the Administrator— 
(i) a comprehensive inventory of the 
data centers owned, operated, or main-
tained by or on behalf of the agency; and 
(ii) a multi-year strategy to achieve 
the consolidation and optimization of the 
data centers inventoried under clause (i), 
that includes— 
(I) performance metrics— 
(aa) that are consistent with 
the Government-wide data center 
consolidation and optimization 
metrics; and 
(bb) by which the quan-
titative and qualitative progress 
of the agency toward the goals of 
the FDCCI can be measured; 
(II) a timeline for agency activi-
ties to be completed under the FDCCI, 
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with an emphasis on benchmarks the 
agency can achieve by specific dates; 
(III) year-by-year calculations of 
investment and cost savings for the pe-
riod beginning on the date of enact-
ment of this Act and ending on the 
date described in subsection (e), broken 
down by each year, including a de-
scription of any initial costs for data 
center consolidation and optimization 
and life cycle cost savings and other 
improvements, with an emphasis on— 
(aa) meeting the Govern-
ment-wide data center consolida-
tion and optimization metrics; 
and 
(bb) 
demonstrating 
the 
amount of agency-specific cost 
savings each fiscal year achieved 
through the FDCCI; and 
(IV) any additional information 
required by the Administrator. 
(B) USE
OF
OTHER
REPORTING
STRUC-
TURES.—The Administrator may require a cov-
ered agency to include the information required 
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to be submitted under this subsection through re-
porting structures determined by the Adminis-
trator to be appropriate. 
(C) STATEMENT.—Each year, beginning in 
the first fiscal year after the date of enactment 
of this Act and each fiscal year thereafter, the 
head of each covered agency, acting through the 
Chief Information Officer of the agency, shall— 
(i)(I) submit a statement to the Ad-
ministrator stating whether the agency has 
complied with the requirements of this sec-
tion; and 
(II) make the statement submitted 
under subclause (I) publically available; 
and 
(ii) if the agency has not complied 
with the requirements of this section, submit 
a statement to the Administrator explaining 
the reasons for not complying with such re-
quirements. 
(D) AGENCY IMPLEMENTATION OF STRATE-
GIES.—Each covered agency, under the direction 
of the Chief Information Officer of the agency, 
shall— 
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(i) implement the strategy required 
under subparagraph (A)(ii); and 
(ii) provide updates to the Adminis-
trator, on a quarterly basis, of — 
(I) the completion of activities by 
the agency under the FDCCI; 
(II) any progress of the agency to-
wards meeting the Government-wide 
data center consolidation and optimi-
zation metrics; and 
(III) the actual cost savings and 
other improvements realized through 
the implementation of the strategy of 
the agency. 
(E) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to limit the report-
ing of information by a covered agency to the 
Administrator, the Director of the Office of Man-
agement and Budget, or Congress. 
(2) 
ADMINISTRATOR
RESPONSIBILITIES.—The 
Administrator shall— 
(A) establish the deadline, on an annual 
basis, for covered agencies to submit information 
under this section; 
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(B) establish a list of requirements that the 
covered agencies must meet to be considered in 
compliance with paragraph (1); 
(C) ensure that information relating to 
agency progress towards meeting the Govern-
ment-wide data center consolidation and optimi-
zation metrics is made available in a timely 
manner to the general public; 
(D) review the inventories and strategies 
submitted under paragraph (1) to determine 
whether they are comprehensive and complete; 
(E) monitor the implementation of the data 
center strategy of each covered agency that is re-
quired under paragraph (1)(A)(ii); 
(F) update, on an annual basis, the cumu-
lative cost savings realized through the imple-
mentation of the FDCCI; and 
(G) establish metrics applicable to the con-
solidation and optimization of data centers Gov-
ernment-wide, including metrics with respect 
to— 
(i) costs; 
(ii) efficiencies, including at least serv-
er efficiency; and 
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(iii) any other metrics the Adminis-
trator establishes under this subparagraph. 
(3) COST SAVING GOAL AND UPDATES FOR CON-
GRESS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Ad-
ministrator shall develop, and make publically 
available, a goal, broken down by year, for the 
amount of planned cost savings and optimiza-
tion improvements achieved through the FDCCI 
during the period beginning on the date of enact-
ment of this Act and ending on the date de-
scribed in subsection (e). 
(B) ANNUAL UPDATE.— 
(i) IN
GENERAL.—Not later than 1 
year after the date on which the goal de-
scribed in subparagraph (A) is made pub-
lically available, and each year thereafter, 
the Administrator shall aggregate the re-
ported cost savings of each covered agency 
and optimization improvements achieved to 
date through the FDCCI and compare the 
savings to the projected cost savings and op-
timization improvements developed under 
subparagraph (A). 
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(ii) UPDATE
FOR
CONGRESS.—The 
goal required to be developed under sub-
paragraph (A) shall be submitted to Con-
gress and shall be accompanied by a state-
ment describing— 
(I) whether each covered agency 
has in fact submitted a comprehensive 
asset inventory, including an assess-
ment broken down by agency, which 
shall include the specific numbers, uti-
lization, and efficiency level of data 
centers; and 
(II) whether each covered agency 
has submitted a comprehensive consoli-
dation strategy with the key elements 
described in paragraph (1)(A)(ii). 
(4) GAO REVIEW.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and each 
year thereafter, the Comptroller General of the 
United States shall review and verify the quality 
and completeness of the asset inventory and 
strategy of each covered agency required under 
paragraph (1)(A). 
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(B) REPORT.—The Comptroller General of 
the United States shall, on an annual basis, pub-
lish a report on each review conducted under 
subparagraph (A). 
(c) ENSURING CYBERSECURITY STANDARDS FOR DATA 
CENTER CONSOLIDATION AND CLOUD COMPUTING.— 
(1) IN GENERAL.—In implementing a data cen-
ter consolidation and optimization strategy under 
this section, a covered agency shall do so in a manner 
that is consistent with Federal guidelines on cloud 
computing security, including— 
(A) applicable provisions found within the 
Federal Risk and Authorization Management 
Program (FedRAMP); and 
(B) guidance published by the National In-
stitute of Standards and Technology. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the ability of the 
Director of the Office of Management and Budget to 
update or modify the Federal guidelines on cloud 
computing security. 
(d) WAIVER OF DISCLOSURE REQUIREMENTS.—The 
Director of National Intelligence may waive the applica-
bility to any element (or component of an element) of the 
intelligence community of any provision of this section if 
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the Director of National Intelligence determines that such 
waiver is in the interest of national security. Not later than 
30 days after making a waiver under this subsection, the 
Director of National Intelligence shall submit to the Com-
mittee on Homeland Security and Governmental Affairs 
and the Select Committee on Intelligence of the Senate and 
the Committee on Oversight and Government Reform and 
the Permanent Select Committee on Intelligence of the 
House of Representatives a statement describing the waiver 
and the reasons for the waiver. 
(e) SUNSET.—This section is repealed effective on Oc-
tober 1, 2018. 
Amend the title so as to read: ‘‘An Act to amend 
title 40, United States Code, to eliminate duplication and 
waste in information technology acquisition and manage-
ment.’’. 
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Calendar No. 577 
113TH CONGRESS 
2D SESSION 
H. R. 1232 
[Report No. 113–262] 
AN ACT 
To amend titles 40, 41, and 44, United States 
Code, to eliminate duplication and waste in infor-
mation technology acquisition and management. 
SEPTEMBER 18, 2014 
Reported with an amendment and an amendment to the 
title 
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