FITARA Language in Defense Auth Bill (FY2015)

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(VII) by industry for contracts
described in subclause (III), (IV), (V),
or (VI); and.
4
5
(c) ACCELERATED DEADLINE

DUSTRIES
UNDERREPRESENTED
6 CONCERNS OWNED
FOR
BY
ON
IN-
SMALL BUSINESS
CONTROLLED
AND
REPORT
BY
WOMEN.
7 Paragraph (2) of section 29(o) of such Act is amended

8 by striking 5 years after the date of enactment and in9 serting 3 years after the date of enactment.
11
Subtitle DFederal Information

Technology Acquisition Reform
12
SEC. 831. CHIEF INFORMATION OFFICER AUTHORITY EN-
10
13
14
HANCEMENTS.
(a) IN GENERAL.Subchapter II of chapter 113 of
15 title 40, United States Code, is amended by adding at the

16 end the following new section:
17 11319. Resources, planning, and portfolio manage18
19
ment
(a) DEFINITIONS.In this section:
20
(1) The term covered agency means each
21
agency listed in section 901(b)(1) or 901(b)(2) of
22
title 31.
23
(2) The term information technology has the
24
meaning given that term under capital planning
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1
guidance issued by the Office of Management and
Budget.
(b) ADDITIONAL AUTHORITIES
MATION
5
6
FOR
CHIEF INFOR-
OFFICERS.
(1) PLANNING,
PROGRAMMING, BUDGETING,
AND EXECUTION AUTHORITIES FOR CIOS.
(A) IN
GENERAL.The
head of each cov-
ered agency other than the Department of De-
fense shall ensure that the Chief Information
10
Officer of the agency has a significant role in
11
(i) the decision processes for all an-
12
nual and multi-year planning, program-
13
ming, budgeting, and execution decisions,
14
related reporting requirements, and reports
15
related to information technology; and
16
(ii) the management, governance,
17
and oversight processes related to informa-
18
tion technology.
19
(B) BUDGET
FORMULATION.The
Direc-
20
tor of the Office of Management and Budget
21
shall require in the annual information tech-
22
nology capital planning guidance of the Office
23
of Management and Budget the following:
24
(i) That the Chief Information Offi-
25
cer of each covered agency other than the
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Department of Defense approve the infor-
mation technology budget request of the
covered agency, and that the Chief Infor-
mation Officer of the Department of De-
fense review and provide recommendations
to the Secretary of Defense on the infor-
mation technology budget request of the
Department.
(ii) That the Chief Information Offi-
10
cer of each covered agency certify that in-
11
formation technology investments are ade-
12
quately implementing incremental develop-
13
ment, as defined in capital planning guid-
14
ance issued by the Office of Management
15
and Budget.
16
(C) REVIEW.
17
(i) IN
18
GENERAL.A
covered agency
other than the Department of Defense
19
(I) may not enter into a con-
20
tract or other agreement for informa-
21
tion technology or information tech-
22
nology services, unless the contract or
23
other agreement has been reviewed
24
and approved by the Chief Informa-
25
tion Officer of the agency;
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(II) may not request the re-
programming of any funds made
available for information technology
programs, unless the request has been
reviewed and approved by the Chief
Information Officer of the agency;
and
(III) may use the governance
processes of the agency to approve
10
such a contract or other agreement if
11
the Chief Information Officer of the
12
agency is included as a full partici-
13
pant in the governance processes.
14
(ii) DELEGATION.
15
(I) IN
GENERAL.Except
as
16
provided in subclause (II), the duties
17
of a Chief Information Officer under
18
clause (i) are not delegable.
19
(II) NON-MAJOR
INFORMATION
20
TECHNOLOGY INVESTMENTS.For
21
contract or agreement for a non-major
22
information technology investment, as
23
defined in the annual information
24
technology capital planning guidance
25
of the Office of Management and
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Budget, the Chief Information Officer
of a covered agency other than the
Department of Defense may delegate
the approval of the contract or agree-
ment under clause (i) to an individual
who reports directly to the Chief In-
formation Officer.
(2) PERSONNEL-RELATED
AUTHORITY.Not-
withstanding any other provision of law, for each
10
covered agency other than the Department of De-
11
fense, the Chief Information Officer of the covered
12
agency shall approve the appointment of any other
13
employee with the title of Chief Information Officer,
14
or who functions in the capacity of a Chief Informa-
15
tion Officer, for any component organization within
16
the covered agency.
17
(c) LIMITATION.None of the authorities provided
18 in this section shall apply to telecommunications or infor19 mation technology that is fully funded by amounts made
20 available
21
(1) under the National Intelligence Program,
22
defined by section 3(6) of the National Security Act
23
of 1947 (50 U.S.C. 3003(6));
24
25
(2) under the Military Intelligence Program or

any successor program or programs; or
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1
(3) jointly under the National Intelligence
Program and the Military Intelligence Program (or
any successor program or programs)..
(b) CLERICAL AMENDMENT.The table of sections
5 for chapter 113 of title 40, United States Code, is amend6 ed by inserting after the item relating to section 11318
7 the following new item:
11319. Resources, planning, and portfolio management..
SEC. 832. ENHANCED TRANSPARENCY AND IMPROVED RISK
MANAGEMENT
10
11
IN
INFORMATION
TECH-
NOLOGY INVESTMENTS.
Section 11302(c) of title 40, United States Code, is
12 amended
13
14
(1) by redesignating paragraphs (1) and (2) as

paragraphs (2) and (5), respectively;
15
(2) by inserting before paragraph (2), as so re-
16
designated, the following new paragraph (1):
17
(1) DEFINITIONS.In this subsection:
18
(A) The term covered agency means an
19
agency listed in section 901(b)(1) or 901(b)(2)
20
of title 31.
21
(B) The term major information tech-
22
nology investment means an investment within
23
a covered agency information technology invest-
24
ment portfolio that is designated by the covered
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1
agency as major, in accordance with capital
planning guidance issued by the Director.
(C) The term national security system
has the meaning provided in section 3542 of
title 44.; and
(3) by inserting after paragraph (2), as so re-
designated, the following new paragraphs:
(3) PUBLIC
AVAILABILITY.
(A) IN
GENERAL.The
Director shall
10
make available to the public a list of each major
11
information technology investment, without re-
12
gard to whether the investments are for new in-
13
formation technology acquisitions or for oper-
14
ations and maintenance of existing information
15
technology, including data on cost, schedule,
16
and performance.
17
(B) AGENCY
INFORMATION.
18
(i) The Director shall issue guidance
19
to each covered agency for reporting of
20
data required by subparagraph (A) that
21
provides a standardized data template that
22
can be incorporated into existing, required
23
data reporting formats and processes.
24
Such guidance shall integrate the reporting
25
process into current budget reporting that
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1
each covered agency provides to the Office
of Management and Budget, to minimize
additional workload. Such guidance shall
also clearly specify that the investment
evaluation required under subparagraph
(C) adequately reflect the investments cost
and schedule performance and employ in-
cremental development approaches in ap-
propriate cases.
10
(ii) The Chief Information Officer of
11
each covered agency shall provide the Di-
12
rector with the information described in
13
subparagraph (A) on at least a semi-an-
14
nual basis for each major information tech-
15
nology investment, using existing data sys-
16
tems and processes.
17
(C)
INVESTMENT
EVALUATION.For
18
each major information technology investment
19
listed under subparagraph (A), the Chief Infor-
20
mation Officer of the covered agency, in con-
21
sultation with other appropriate agency offi-
22
cials, shall categorize the investment according
23
to risk, in accordance with guidance issued by
24
the Director.
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(D) CONTINUOUS
IMPROVEMENT.If
ei-
ther the Director or the Chief Information Offi-
cer of a covered agency determines that the in-
formation made available from the agencys ex-
isting data systems and processes as required
by subparagraph (B) is not timely and reliable,
the Chief Information Officer, in consultation
with the Director and the head of the agency,
shall establish a program for the improvement
10
of such data systems and processes.
11
(E) WAIVER
OR
LIMITATION
AUTHOR-
12
ITY.The
13
may be waived or the extent of the information
14
may be limited by the Director, if the Director
15
determines that such a waiver or limitation is
16
in the national security interests of the United
17
States.
18
applicability of subparagraph (A)
(F) ADDITIONAL
LIMITATION.The
re-
19
quirements of subparagraph (A) shall not apply
20
to national security systems or to telecommuni-
21
cations or information technology that is fully
22
funded by amounts made available
23
(i) under the National Intelligence
24
Program, defined by section 3(6) of the
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1
National Security Act of 1947 (50 U.S.C.
3003(6));
(ii) under the Military Intelligence
Program or any successor program or pro-
grams; or
(iii) jointly under the National Intel-
ligence Program and the Military Intel-
ligence Program (or any successor pro-
gram or programs).
10
(4) RISK
MANAGEMENT.For
each major in-
11
formation technology investment listed under para-
12
graph (3)(A) that receives a high risk rating, as de-
13
scribed in paragraph (3)(C), for 4 consecutive quar-
14
ters
15
(A) the Chief Information Officer of the
16
covered agency and the program manager of
17
the investment within the covered agency, in
18
consultation with the Administrator of the Of-
19
fice of Electronic Government, shall conduct a
20
review of the investment that shall identify
21
(i) the root causes of the high level
22
of risk of the investment;
23
(ii) the extent to which these causes
24
can be addressed; and
25
(iii) the probability of future success;
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(B) the Administrator of the Office of
Electronic Government shall communicate the
results of the review under subparagraph (A)
to
(i) the Committee on Homeland Se-
curity and Governmental Affairs and the
Committee on Appropriations of the Sen-
ate;
(ii) the Committee on Oversight and
10
Government Reform and the Committee on
11
Appropriations of the House of Represent-
12
atives; and
13
(iii) the committees of the Senate
14
and the House of Representatives with pri-
15
mary jurisdiction over the agency;
16
(C) in the case of a major information
17
technology investment of the Department of
18
Defense, the assessment required by subpara-
19
graph (A) may be accomplished in accordance
20
with section 2445c of title 10, provided that the
21
results of the review are provided to the Admin-
22
istrator of the Office of Electronic Government
23
upon request and to the committees identified
24
in subsection (B); and
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1
(D) for a covered agency other than the
Department of Defense, if on the date that is
one year after the date of completion of the re-
view required under subsection (A), the invest-
ment is rated as high risk under paragraph
(3)(C), the Director shall deny any request for
additional development, modernization, or en-
hancement funding for the investment until the
date on which the Chief Information Officer of
10
the covered agency determines that the root
11
causes of the high level of risk of the invest-
12
ment have been addressed, and there is suffi-
13
cient capability to deliver the remaining planned
14
increments within the planned cost and sched-
15
ule.
16
(5) SUNSET
OF CERTAIN PROVISIONS.Para-
17
graphs (1), (3), and (4) shall not be in effect on and
18
after the date that is 5 years after the date of the
19
enactment of the Carl Levin and Howard P. Buck
20
McKeon National Defense Authorization Act for
21
Fiscal Year 2015..
22
SEC. 833. PORTFOLIO REVIEW.
23
Section 11319 of title 40, United States Code, as
24 added by section 831, is amended by adding at the end

25 the following new section:
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2
(c) INFORMATION TECHNOLOGY PORTFOLIO, PROGRAM, AND
RESOURCE REVIEWS.
(1) PROCESS.The Director of the Office of
Management and Budget, in consultation with the
Chief Information Officers of appropriate agencies,
shall implement a process to assist covered agencies
in reviewing their portfolio of information technology
investments
(A) to identify or develop ways to in-
10
crease the efficiency and effectiveness of the in-
11
formation technology investments of the covered
12
agency;
13
(B) to identify or develop opportunities to
14
consolidate the acquisition and management of
15
information technology services, and increase
16
the use of shared-service delivery models;
17
(C) to identify potential duplication and
18
waste;
19
(D) to identify potential cost savings;
20
(E) to develop plans for actions to opti-
21
mize the information technology portfolio, pro-
22
grams, and resources of the covered agency;
23
(F) to develop ways to better align the in-
24
formation technology portfolio, programs, and
25
financial resources of the covered agency to any
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1
multi-year funding requirements or strategic
plans required by law;
(G) to develop a multi-year strategy to
identify and reduce duplication and waste with-
in the information technology portfolio of the
covered agency, including component-level in-
vestments and to identify projected cost savings
resulting from such strategy; and
(H) to carry out any other goals that the
10
Director may establish.
11
(2) METRICS
AND
PERFORMANCE
INDICA-
12
TORS.The
13
and Budget, in consultation with the Chief Informa-
14
tion Officers of appropriate agencies, shall develop
15
standardized cost savings and cost avoidance metrics
16
and performance indicators for use by agencies for
17
the process implemented under paragraph (1).
18
Director of the Office of Management
(3) ANNUAL
REVIEW.The
Chief Information
19
Officer of each covered agency, in conjunction with
20
the Chief Operating Officer or Deputy Secretary (or
21
equivalent) of the covered agency and the Adminis-
22
trator of the Office of Electronic Government, shall
23
conduct an annual review of the information tech-
24
nology portfolio of the covered agency.
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(4) APPLICABILITY
TO THE DEPARTMENT OF
DEFENSE.In
fense, processes established pursuant to this sub-
section shall apply only to the business systems in-
formation technology portfolio of the Department of
Defense and not to national security systems as de-
fined by section 11103(a) of this title. The annual
review required by paragraph (3) shall be carried
out by the Deputy Chief Management Officer of the
10
Department of Defense (or any successor to such
11
Officer), in consultation with the Chief Information
12
Officer, the Under Secretary of Defense for Acquisi-
13
tion, Technology, and Logistics, and other appro-
14
priate Department of Defense officials. The Sec-
15
retary of Defense may designate an existing invest-
16
ment or management review process to fulfill the re-
17
quirement for the annual review required by para-
18
graph (3), in consultation with the Administrator of
19
the Office of Electronic Government.
the case of the Department of De-
20
(5) QUARTERLY
21
(A) IN
REPORTS.
GENERAL.The
Administrator of
22
the Office of Electronic Government shall sub-
23
mit a quarterly report on the cost savings and
24
reductions in duplicative information technology
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investments identified through the review re-
quired by paragraph (3) to
(i) the Committee on Homeland Se-
curity and Governmental Affairs and the
Committee on Appropriations of the Sen-
ate;
(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Represent-
10
atives; and
11
(iii) upon a request by any com-
12
mittee of Congress, to that committee.
13
(B) INCLUSION
IN OTHER REPORTS.
14
The reports required under subparagraph (A)
15
may be included as part of another report sub-
16
mitted to the committees of Congress described
17
in clauses (i), (ii), and (iii) of subparagraph
18
(A).
19
(6) SUNSET.This subsection shall not be in
20
effect on and after the date that is 5 years after the
21
date of the enactment of the Carl Levin and Howard
22
P. Buck McKeon National Defense Authorization
23
Act for Fiscal Year 2015..
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1
SEC. 834. FEDERAL DATA CENTER CONSOLIDATION INITIA-
2
3
TIVE.
(a) DEFINITIONS.In this section:
(1) ADMINISTRATOR.The term Adminis-
trator means the Administrator of the Office of
Electronic Government established under section
3602 of title 44, United States Code (and also
known as the Office of E-Government and Informa-
tion Technology), within the Office of Management
10
and Budget.
11
(2) COVERED
AGENCY.The
term covered
12
agency means the following (including all associ-
13
ated components of the agency):
14
(A) Department of Agriculture.
15
(B) Department of Commerce.
16
(C) Department of Defense.
17
(D) Department of Education.
18
(E) Department of Energy.
19
(F) Department of Health and Human
20
Services.
21
(G) Department of Homeland Security.
22
(H) Department of Housing and Urban
23
Development.
24
(I) Department of the Interior.
25
(J) Department of Justice.
26
(K) Department of Labor.
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1
(L) Department of State.
(M) Department of Transportation.
(N) Department of Treasury.
(O) Department of Veterans Affairs.
(P) Environmental Protection Agency.
(Q) General Services Administration.
(R) National Aeronautics and Space Ad-
ministration.
(S) National Science Foundation.
10
(T) Nuclear Regulatory Commission.
11
(U) Office of Personnel Management.
12
(V) Small Business Administration.
13
(W) Social Security Administration.
14
(X) United States Agency for International
15
Development.
16
(3) FDCCI.The term FDCCI means the
17
Federal Data Center Consolidation Initiative de-
18
scribed in the Office of Management and Budget
19
Memorandum on the Federal Data Center Consoli-
20
dation Initiative, dated February 26, 2010, or any
21
successor thereto.
22
(4) GOVERNMENT-WIDE
DATA CENTER CON-
23
SOLIDATION
24
term Government-wide data center consolidation
25
and optimization metrics means the metrics estab-
AND
OPTIMIZATION
METRICS.The
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1
lished
(b)(2)(G).
(b) FEDERAL DATA CENTER CONSOLIDATION IN-
by
VENTORIES AND
(1) IN
the
Administrator
under
subsection
STRATEGIES.
GENERAL.
(A) ANNUAL
REPORTING.Except
as pro-
vided in subparagraph (C), each year, beginning
in the first fiscal year after the date of the en-
actment of this Act and each fiscal year there-
10
after, the head of each covered agency, assisted
11
by the Chief Information Officer of the agency,
12
shall submit to the Administrator
13
(i) a comprehensive inventory of the
14
data centers owned, operated, or main-
15
tained by or on behalf of the agency; and
16
(ii) a multi-year strategy to achieve
17
the consolidation and optimization of the
18
data centers inventoried under clause (i),
19
that includes
20
(I) performance metrics
21
(aa) that are consistent with
22
the Government-wide data center
23
consolidation
24
metrics; and
and
optimization
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1
(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
FDCCI, with an emphasis on bench-
marks the agency can achieve by spe-
cific dates;
to
be
completed
under
the
10
(III) year-by-year calculations of
11
investment and cost savings for the
12
period beginning on the date of the
13
enactment of this Act and ending on
14
the date set forth in subsection (e),
15
broken down by each year, including a
16
description of any initial costs for
17
data center consolidation and optimi-
18
zation and life cycle cost savings and
19
other improvements, with an emphasis
20
on
21
(aa) meeting the Govern-
22
ment-wide data center consolida-
23
tion and optimization metrics;
24
and
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1
(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
ered agency to include the information required
10
to be submitted under this subsection through
11
reporting structures determined by the Admin-
12
istrator to be appropriate.
13
Administrator may require a cov-
(C) DEPARTMENT
OF DEFENSE REPORT-
14
ING.For
15
fense is required to submit a performance plan
16
for reduction of resources required for data
17
servers and centers, as required under section
18
2867(b) of the National Defense Authorization
19
Act for Fiscal Year 2012 (10 U.S.C. 2223a
20
note), the Department of Defense
any year that the Department of De-
21
(i) may submit to the Administrator,
22
in lieu of the multi-year strategy required
23
under subparagraph (A)(ii)
24
(I) the defense-wide plan re-
25
quired under section 2867(b)(2) of
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1
the National Defense Authorization
Act for Fiscal Year 2012 (10 U.S.C.
2223a note); and
(II) the report on cost savings re-
quired under section 2867(d) of the
National Defense Authorization Act
for Fiscal Year 2012 (10 U.S.C.
2223a note); and
(ii) shall submit the comprehensive in-
10
ventory
11
(A)(i), unless the defense-wide plan re-
12
quired under section 2867(b)(2) of the Na-
13
tional Defense Authorization Act for Fiscal
14
Year 2012 (10 U.S.C. 2223a note)
15
required
under
subparagraph
(I) contains a comparable com-
16
prehensive inventory; and
17
(II) is submitted under clause (i).
18
(D) STATEMENT.Each year, beginning in
19
the first fiscal year after the date of the enact-
20
ment of this Act and each fiscal year thereafter,
21
the head of each covered agency, acting through
22
the Chief Information Officer of the agency,
23
shall
24
(i)(I) submit a statement to the Ad-
25
ministrator stating whether the agency has
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377
1
complied with the requirements of this sec-
tion; and
(II) make the statement submitted
under subclause (I) publicly available; and
(ii) if the agency has not complied
with the requirements of this section, sub-
mit a statement to the Administrator ex-
plaining the reasons for not complying
with such requirements.
10
(E) AGENCY
11
IMPLEMENTATION OF STRAT-
EGIES.
12
(i) IN
GENERAL.Each
covered agen-
13
cy, under the direction of the Chief Infor-
14
mation Officer of the agency, shall
15
(I) implement the strategy re-
16
quired under subparagraph (A)(ii);
17
and
18
(II) provide updates to the Ad-
19
ministrator, on a quarterly basis, of
20
(aa) the completion of activi-
21
ties by the agency under the
22
FDCCI;
23
(bb) any progress of the
24
agency towards meeting the Gov-
25
ernment-wide data center consoli-
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1
dation and optimization metrics;
and
(cc) the actual cost savings
and other improvements realized
through the implementation of
the strategy of the agency.
(ii) DEPARTMENT
OF DEFENSE.For
purposes of clause (i)(I), implementation of
the defense-wide plan required under sec-
10
tion 2867(b)(2) of the National Defense
11
Authorization Act for Fiscal Year 2012
12
(10 U.S.C. 2223a note) by the Department
13
of Defense shall be considered implementa-
14
tion of the strategy required under sub-
15
paragraph (A)(ii).
16
(F) RULE
OF CONSTRUCTION.Nothing
in
17
this section shall be construed to limit the re-
18
porting of information by a covered agency to
19
the Administrator, the Director of the Office of
20
Management and Budget, or Congress.
21
(2) ADMINISTRATOR
22
RESPONSIBILITIES.The
Administrator shall
23
(A) establish the deadline, on an annual
24
basis, for covered agencies to submit informa-
25
tion under this section;
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1
(B) establish a list of requirements that
the covered agencies must meet to be consid-
ered 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
10
submitted under paragraph (1) to determine
11
whether they are comprehensive and complete;
12
(E) monitor the implementation of the
13
data center strategy of each covered agency
14
that is required under paragraph (1)(A)(ii);
15
(F) update, on an annual basis, the cumu-
16
lative cost savings realized through the imple-
17
mentation of the FDCCI; and
18
(G) establish metrics applicable to the con-
19
solidation and optimization of data centers Gov-
20
ernment-wide, including metrics with respect
21
to
22
(i) costs;
23
(ii) efficiencies, including, at a min-
24
imum, server efficiency; and
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380
1
(iii) any other factors the Adminis-
trator considers appropriate.
3
4
(3) COST
SAVING GOAL AND UPDATES FOR CON-
GRESS.
(A) IN
GENERAL.Not
later than one year
after the date of the enactment of this Act, the
Administrator shall develop, and make publicly
available, a goal, broken down by year, for the
amount of planned cost savings and optimiza-
10
tion improvements achieved through the FDCCI
11
during the period beginning on the date of the
12
enactment of this Act and ending on the date
13
set forth in subsection (e).
14
(B) ANNUAL
15
(i) IN
UPDATE.
GENERAL.Not
later than one
16
year after the date on which the goal de-
17
scribed in subparagraph (A) is made pub-
18
licly available, and each year thereafter,
19
the Administrator shall aggregate the re-
20
ported cost savings of each covered agency
21
and optimization improvements achieved to
22
date through the FDCCI and compare the
23
savings to the projected cost savings and
24
optimization
25
under subparagraph (A).
improvements
developed
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381
1
(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) the extent to which each cov-
ered agency has developed and sub-
mitted
under paragraph (1)(A)(i), including
10
an analysis of the inventory that de-
11
tails specific numbers, use, and effi-
12
ciency level of data centers in each in-
13
ventory; and
comprehensive
inventory
14
(II) the extent to which each cov-
15
ered agency has submitted a com-
16
prehensive strategy that addresses the
17
items listed in paragraph (1)(A)(ii).
18
(4) GAO
19
REVIEW.
(A) IN
GENERAL.Not
later than one year
20
after the date of the enactment of this Act, and
21
each year thereafter, the Comptroller General of
22
the United States shall review and verify the
23
quality and completeness of the inventory and
24
strategy of each covered agency required under
25
paragraph (1)(A).
f:\VHLC\120214\120214.168.xml
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382
1
(B) REPORT.The Comptroller General of
the United States shall, on an annual basis,
publish a report on each review conducted
under subparagraph (A).
(c) ENSURING CYBERSECURITY STANDARDS
6 DATA CENTER CONSOLIDATION

7
AND
FOR
CLOUD COM-
PUTING.
(1) IN
GENERAL.In
implementing a data cen-
ter consolidation and optimization strategy under
10
this section, a covered agency shall do so in a man-
11
ner that is consistent with Federal guidelines on
12
cloud computing security, including
13
(A) applicable provisions found within the
14
Federal Risk and Authorization Management
15
Program (FedRAMP); and
16
(B) guidance published by the National In-
17
stitute of Standards and Technology.
18
(2) RULE
OF CONSTRUCTION.Nothing
in this
19
section shall be construed to limit the ability of the
20
Director of the Office of Management and Budget to
21
update or modify the Federal guidelines on cloud
22
computing security.
23
(d) WAIVER
OF
REQUIREMENTS.The Director of
24 National Intelligence and the Secretary of Defense, or

25 their respective designee, may waive the applicability to
f:\VHLC\120214\120214.168.xml
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383
1 any national security system, as defined in section 3542
2 of title 44, United States Code, of any provision of this
3 section if the Director of National Intelligence or the Sec4 retary of Defense, or their respective designee, determines
5 that such waiver is in the interest of national security.
6 Not later than 30 days after making a waiver under this
7 subsection, the Director of National Intelligence or the
8 Secretary of Defense, or their respective designee, shall
9 submit to the Committee on Homeland Security and Gov10 ernmental Affairs and the Select Committee on Intel11 ligence of the Senate and the Committee on Oversight and
12 Government Reform and the Permanent Select Committee
13 on Intelligence of the House of Representatives a state14 ment describing the waiver and the reasons for the waiver.
15
(e) SUNSET.This section is repealed effective on
16 October 1, 2018.
17
SEC. 835. EXPANSION OF TRAINING AND USE OF INFORMA-
18
19
TION TECHNOLOGY CADRES.
(a) PURPOSE.The purpose of this section is to en-
20 sure timely progress by Federal agencies toward devel21 oping, strengthening, and deploying information tech22 nology acquisition cadres consisting of personnel with
23 highly specialized skills in information technology acquisi24 tion, including program and project managers.
25
(b) STRATEGIC PLANNING.
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1
(1) IN
GENERAL.The
Administrator for Fed-
eral Procurement Policy, in consultation with the
Administrator for E-Government and Information
Technology, shall work with Federal agencies, other
than the Department of Defense, to update their ac-
quisition human capital plans that were developed
pursuant to the October 27, 2009, guidance issued
by the Administrator for Federal Procurement Pol-
icy in furtherance of section 1704(g) of title 41,
10
United States Code (originally enacted as section
11
869 of the Duncan Hunter National Defense Au-
12
thorization Act for Fiscal Year 2009 (Public Law
13
110417; 122 Stat. 4553)), to address how the
14
agencies are meeting their human capital require-
15
ments to support the timely and effective acquisition
16
of information technology.
17
(2) ELEMENTS.The updates required by
18
paragraph (1) shall be submitted to the Adminis-
19
trator for Federal Procurement Policy and shall ad-
20
dress, at a minimum, each Federal agencys consid-
21
eration or use of the following procedures:
22
(A) Development of an information tech-
23
nology acquisition cadre within the agency or
24
use of memoranda of understanding with other
25
agencies that have such cadres or personnel
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385
1
with experience relevant to the agencys infor-
mation technology acquisition needs.
(B) Development of personnel assigned to
information technology acquisitions, including
cross-functional training of acquisition informa-
tion technology and program personnel.
(C) Use of the specialized career path for
information technology program managers as
designated by the Office of Personnel Manage-
10
ment and plans for strengthening information
11
technology program management.
12
(D) Use of direct hire authority.
13
(E) Conduct of peer reviews.
14
(F) Piloting of innovative approaches to in-
15
formation technology acquisition workforce de-
16
velopment, such as industry-government rota-
17
tions.
18
(c) FEDERAL AGENCY DEFINED.In this section,
19 the term Federal agency means each agency listed in

20 section 901(b) of title 31, United States Code.
21
SEC. 836. MAXIMIZING THE BENEFIT OF THE FEDERAL
22
23
STRATEGIC SOURCING INITIATIVE.
Not later than 180 days after the date of the enact-
24 ment of this Act, the Administrator for Federal Procure25 ment Policy shall prescribe regulations providing that
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386
1 when the Federal Government makes a purchase of serv2 ices and supplies offered under the Federal Strategic
3 Sourcing Initiative (managed by the Office of Federal Pro4 curement Policy) but such Initiative is not used, the con5 tract file for the purchase shall include a brief analysis
6 of the comparative value, including price and nonprice fac7 tors, between the services and supplies offered under such
8 Initiative and services and supplies offered under the
9 source or sources used for the purchase.
10
SEC.
837.
GOVERNMENTWIDE
11
SOFTWARE
PURCHASING
PROGRAM.
12
(a) IN GENERAL.The Administrator of General
13 Services shall identify and develop a strategic sourcing ini14 tiative to enhance Governmentwide acquisition, shared
15 use, and dissemination of software, as well as compliance
16 with end user license agreements.
17
18
(b) GOVERNMENTWIDE USER LICENSE AGREEMENT.The
Administrator, in developing the initiative
19 under subsection (a), shall allow for the purchase of a li20 cense agreement that is available for use by all Executive
21 agencies (as defined in section 105 of title 5, United
22 States Code) as one user to the maximum extent prac23 ticable and as appropriate.
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FITARA Language in Defense Auth Bill (FY2015)

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FITARA Language in Defense Auth Bill (FY2015)

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F:\AJS\ASCR15\CPRT-113-HPRT-RU00-S1847_02DEC.

(VII) by industry for contracts

described in subclause (III), (IV), (V),

(c) ACCELERATED DEADLINE

7 Paragraph (2) of section 29(o) of such Act is amended

Subtitle DFederal Information

SEC. 831. CHIEF INFORMATION OFFICER AUTHORITY EN-

(a) IN GENERAL.Subchapter II of chapter 113 of

15 title 40, United States Code, is amended by adding at the

(a) DEFINITIONS.In this section:

(1) The term covered agency means each

agency listed in section 901(b)(1) or 901(b)(2) of

(2) The term information technology has the

meaning given that term under capital planning

22:21 Dec 02, 2014

guidance issued by the Office of Management and

(b) ADDITIONAL AUTHORITIES

AND EXECUTION AUTHORITIES FOR CIOS.

head of each cov-

ered agency other than the Department of De-

fense shall ensure that the Chief Information

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 informa-

tor of the Office of Management and Budget

shall require in the annual information tech-

nology capital planning guidance of the Office

of Management and Budget the following:

(i) That the Chief Information Offi-

cer of each covered agency other than the

22:21 Dec 02, 2014

Department of Defense approve the infor-

mation technology budget request of the

covered agency, and that the Chief Infor-

mation Officer of the Department of De-

fense review and provide recommendations

to the Secretary of Defense on the infor-

mation technology budget request of the

(ii) That the Chief Information Offi-

cer of each covered agency certify that in-

formation technology investments are ade-

quately implementing incremental develop-

ment, as defined in capital planning guid-

ance issued by the Office of Management

other than the Department of Defense

(I) may not enter into a con-

tract or other agreement for informa-

tion technology or information tech-

nology services, unless the contract or

other agreement has been reviewed

and approved by the Chief Informa-

tion Officer of the agency;

22:21 Dec 02, 2014

(II) may not request the re-

programming of any funds made

available for information technology

programs, unless the request has been

reviewed and approved by the Chief

Information Officer of the agency;