II 113th CONGRESS 1st Session S. 1843 IN THE SENATE OF THE UNITED STATES December 17, 2013 Mr. Udall of New Mexico (for himself, Mr. Moran , and Mr. Johanns ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To eliminate duplication and waste in Federal information technology acquisition and management.

1. Short title This Act may be cited as the Federal Information Technology Savings, Accountability, and Transparency Act of 2013 . 2. 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: (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. (2) Appointment or designation Each agency Chief Information Officer shall— (A) be— (i) appointed by the President; or (ii) 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. (3) Responsibilities An agency Chief Information Officer appointed or designated under this section shall report directly to the head of the agency and carry out, on a full-time basis— (A) the responsibilities under this section; and (B) the responsibilities under 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: (d) Additional authorities for certain CIOs (1) Budget-related authority (A) Definitions In this paragraph— (i) the term commercial item has the meaning given that term in section 103 of title 41, United States Code; and (ii) the term commercially available off-the-shelf item has the meaning given that term in section 104 of title 41, United States Code. (B) 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 in decisions regarding the budget planning process related to— (i) information technology or programs that include significant information technology components; or (ii) the acquisition of an information technology product or service that is a commercial item. (C) Allocation Amounts appropriated for an 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 in consultation with the Chief Financial Officer of the agency and budget officials. (D) COTS 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 authority over any acquisition of an information technology product or service that is a commercially available off-the-shelf item. (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— (A) approve the hiring of personnel who will have information technology responsibilities within the agency; and (B) require that such personnel have the obligation to report to the Chief Information Officer in a manner considered sufficient by the Chief Information Officer. . (c) Single chief information officer in each agency (1) Requirement Section 3506(a)(3) of title 44, United States Code, is amended— (A) by inserting (A) after (3) ; and (B) by adding at the end the following new subparagraph: (B) Each agency shall have only one individual with the title and designation of Chief Information Officer . Any bureau, office, or subordinate organization within the agency may designate one individual with the title Deputy Chief Information Officer , Associate Chief Information Officer , or Assistant Chief Information Officer . . (2) Effective date Section 3506(a)(3)(B) of title 44, United States Code, as added by paragraph (1), shall take effect on 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. 3. 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) Designation (A) 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. (B) Responsibilities As the lead interagency forum, the Council shall— (i) develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms; and (ii) issue guidelines and practices for expansion of the Federal enterprise architecture process, if appropriate. (C) Guidelines and practices The guidelines and practices issued under subparagraph (B)(ii)— (i) may address broader transparency, common inputs, common outputs, and outcomes achieved; and (ii) shall be used as a basis for comparing performance across diverse missions and operations in various agencies. (2) Reports (A) Definition In this paragraph, the term relevant congressional committees means each of the following: (i) The Committee on Homeland Security 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 Representatives. (B) Required reports 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. . (b) References to Administrator of E-Government as Federal Chief Information Officer (1) References Section 3602(b) of title 44, United States Code, is amended by adding at the end the following: The Administrator may also be referred to as the Federal Chief Information Officer. . (2) Definition Section 3601(1) of title 44, United States Code, is amended by inserting or Federal Chief Information Officer before means . 4. Reports by Government Accountability Office (a) Definitions In this section: (1) Chief information officers council The term Chief Information Officers Council means the Chief Information Officers Council established by section 3603(a) of title 44, United States Code. (2) Relevant congressional committees The term relevant congressional committees means each of the following: (A) The Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate. (B) The Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (b) 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 3, with particular focus whether agencies are actively participating in the Council and following the Council’s advice and guidance. (c) Reports Not later than 1 year, 3 years, and 5 years after the date of 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 (b). 5. Enhanced transparency in information technology investments (a) Public availability of information about IT investments Section 11302(c) of title 40, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Public availability (A) In general The Director shall make available to the public the cost, schedule, and performance data for at least 80 percent (by dollar value) of all information technology investments in each Federal agency listed in section 901(b) of title 31, without regard to whether the investments are for information technology acquisitions or for operations and maintenance of information technology. 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 If the Director or the Chief Information Officer, as the case may be, determines that a waiver or limitation is in the national security interests of the United States, the applicability of subparagraph (A) may be waived or the extent of the information may be limited— (i) by the Director, with respect to information technology investments Governmentwide; and (ii) by the Chief Information Officer of a Federal agency listed in section 901(b) of title 31, with respect to information technology investments in that Federal agency. . (b) Additional report requirements Paragraph (3) of section 11302(c) title 40, United States Code, 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). .