fitara language in defense auth bill (fy2015)

355

(VII) by industry for contracts 1

described in subclause (III), (IV), (V), 2

or (VI); and. 3

(c) ACCELERATED DEADLINE FOR REPORT ON IN-4

DUSTRIES UNDERREPRESENTED BY SMALL BUSINESS 5

CONCERNS OWNED AND CONTROLLED BY WOMEN. 6

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

by striking 5 years after the date of enactment and in-8

serting 3 years after the date of enactment. 9

Subtitle DFederal Information 10Technology Acquisition Reform 11

SEC. 831. CHIEF INFORMATION OFFICER AUTHORITY EN-12

HANCEMENTS. 13

(a) IN GENERAL.Subchapter II of chapter 113 of 14

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

end the following new section: 16

11319. Resources, planning, and portfolio manage-17

ment 18

(a) DEFINITIONS.In this section: 19

(1) The term covered agency means each 20

agency listed in section 901(b)(1) or 901(b)(2) of 21

title 31. 22

(2) The term information technology has the 23

meaning given that term under capital planning 24

VerDate Nov 24 2008 22:21 Dec 02, 2014 Jkt 000000 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 C:\USERS\AJSCIA~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CPRT-1~1.XMDecember 2, 2014 (10:21 p.m.)

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

f:\VHLC\120214\120214.168.xml

356

guidance issued by the Office of Management and 1

Budget. 2

(b) ADDITIONAL AUTHORITIES FOR CHIEF INFOR-3

MATION OFFICERS. 4

(1) PLANNING, PROGRAMMING, BUDGETING, 5

AND EXECUTION AUTHORITIES FOR CIOS. 6

(A) IN GENERAL.The head of each cov-7

ered agency other than the Department of De-8

fense shall ensure that the Chief Information 9

Officer of the agency has a significant role in 10

(i) the decision processes for all an-11

nual and multi-year planning, program-12

ming, budgeting, and execution decisions, 13

related reporting requirements, and reports 14

related to information technology; and 15

(ii) the management, governance, 16

and oversight processes related to informa-17

tion technology. 18

(B) BUDGET FORMULATION.The Direc-19

tor of the Office of Management and Budget 20

shall require in the annual information tech-21

nology capital planning guidance of the Office 22

of Management and Budget the following: 23

(i) That the Chief Information Offi-24

cer of each covered agency other than the 25



f:\VHLC\120214\120214.168.xml

357

Department of Defense approve the infor-1

mation technology budget request of the 2

covered agency, and that the Chief Infor-3

mation Officer of the Department of De-4

fense review and provide recommendations 5

to the Secretary of Defense on the infor-6

mation technology budget request of the 7

Department. 8

(ii) That the Chief Information Offi-9

cer of each covered agency certify that in-10

formation technology investments are ade-11

quately implementing incremental develop-12

ment, as defined in capital planning guid-13

ance issued by the Office of Management 14

and Budget. 15

(C) REVIEW. 16

(i) IN GENERAL.A covered agency 17

other than the Department of Defense 18

(I) may not enter into a con-19

tract or other agreement for informa-20

tion technology or information tech-21

nology services, unless the contract or 22

other agreement has been reviewed 23

and approved by the Chief Informa-24

tion Officer of the agency; 25



f:\VHLC\120214\120214.168.xml

358

(II) may not request the re-1

programming of any funds made 2

available for information technology 3

programs, unless the request has been 4

reviewed and approved by the Chief 5

Information Officer of the agency; 6

and 7

(III) may use the governance 8

processes of the agency to approve 9

such a contract or other agreement if 10

the Chief Information Officer of the 11

agency is included as a full partici-12

pant in the governance processes. 13

(ii) DELEGATION. 14

(I) IN GENERAL.Except as 15

provided in subclause (II), the duties 16

of a Chief Information Officer under 17

clause (i) are not delegable. 18

(II) NON-MAJOR INFORMATION 19

TECHNOLOGY INVESTMENTS.For a 20

contract or agreement for a non-major 21

information technology investment, as 22

defined in the annual information 23

technology capital planning guidance 24

of the Office of Management and 25



f:\VHLC\120214\120214.168.xml

359

Budget, the Chief Information Officer 1

of a covered agency other than the 2

Department of Defense may delegate 3

the approval of the contract or agree-4

ment under clause (i) to an individual 5

who reports directly to the Chief In-6

formation Officer. 7

(2) PERSONNEL-RELATED AUTHORITY.Not-8

withstanding any other provision of law, for each 9

covered agency other than the Department of De-10

fense, the Chief Information Officer of the covered 11

agency shall approve the appointment of any other 12

employee with the title of Chief Information Officer, 13

or who functions in the capacity of a Chief Informa-14

tion Officer, for any component organization within 15

the covered agency. 16

(c) LIMITATION.None of the authorities provided 17

in this section shall apply to telecommunications or infor-18

mation technology that is fully funded by amounts made 19

available 20

(1) under the National Intelligence Program, 21

defined by section 3(6) of the National Security Act 22

of 1947 (50 U.S.C. 3003(6)); 23

(2) under the Military Intelligence Program or 24

any successor program or programs; or 25



f:\VHLC\120214\120214.168.xml

360

(3) jointly under the National Intelligence 1

Program and the Military Intelligence Program (or 2

any successor program or programs).. 3

(b) CLERICAL AMENDMENT.The table of sections 4

for chapter 113 of title 40, United States Code, is amend-5

ed by inserting after the item relating to section 11318 6

the following new item: 711319. Resources, planning, and portfolio management..

SEC. 832. ENHANCED TRANSPARENCY AND IMPROVED RISK 8

MANAGEMENT IN INFORMATION TECH-9

NOLOGY INVESTMENTS. 10

Section 11302(c) of title 40, United States Code, is 11

amended 12

(1) by redesignating paragraphs (1) and (2) as 13

paragraphs (2) and (5), respectively; 14

(2) by inserting before paragraph (2), as so re-15

designated, the following new paragraph (1): 16

(1) DEFINITIONS.In this subsection: 17

(A) The term covered agency means an 18

agency listed in section 901(b)(1) or 901(b)(2) 19

of title 31. 20

(B) The term major information tech-21

nology investment means an investment within 22

a covered agency information technology invest-23

ment portfolio that is designated by the covered 24



f:\VHLC\120214\120214.168.xml

361

agency as major, in accordance with capital 1

planning guidance issued by the Director. 2

(C) The term national security system 3

has the meaning provided in section 3542 of 4

title 44.; and 5

(3) by inserting after paragraph (2), as so re-6

designated, the following new paragraphs: 7

(3) PUBLIC AVAILABILITY. 8

(A) IN GENERAL.The Director shall 9

make available to the public a list of each major 10

information technology investment, without re-11

gard to whether the investments are for new in-12

formation technology acquisitions or for oper-13

ations and maintenance of existing information 14

technology, including data on cost, schedule, 15

and performance. 16

(B) AGENCY INFORMATION. 17

(i) The Director shall issue guidance 18

to each covered agency for reporting of 19

data required by subparagraph (A) that 20

provides a standardized data template that 21

can be incorporated into existing, required 22

data reporting formats and processes. 23

Such guidance shall integrate the reporting 24

process into current budget reporting that 25



f:\VHLC\120214\120214.168.xml

362

each covered agency provides to the Office 1

of Management and Budget, to minimize 2

additional workload. Such guidance shall 3

also clearly specify that the investment 4

evaluation required under subparagraph 5

(C) adequately reflect the investments cost 6

and schedule performance and employ in-7

cremental development approaches in ap-8

propriate cases. 9

(ii) The Chief Information Officer of 10

each covered agency shall provide the Di-11

rector with the information described in 12

subparagraph (A) on at least a semi-an-13

nual basis for each major information tech-14

nology investment, using existing data sys-15

tems and processes. 16

(C) INVESTMENT EVALUATION.For 17

each major information technology investment 18

listed under subparagraph (A), the Chief Infor-19

mation Officer of the covered agency, in con-20

sultation with other appropriate agency offi-21

cials, shall categorize the investment according 22

to risk, in accordance with guidance issued by 23

the Director. 24



f:\VHLC\120214\120214.168.xml

363

(D) CONTINUOUS IMPROVEMENT.If ei-1

ther the Director or the Chief Information Offi-2

cer of a covered agency determines that the in-3

formation made available from the agencys ex-4

isting data systems and processes as required 5

by subparagraph (B) is not timely and reliable, 6

the Chief Information Officer, in consultation 7

with the Director and the head of the agency, 8

shall establish a program for the improvement 9

of such data systems and processes. 10

(E) WAIVER OR LIMITATION AUTHOR-11

ITY.The applicability of subparagraph (A) 12

may be waived or the extent of the information 13

may be limited by the Director, if the Director 14

determines that such a waiver or limitation is 15

in the national security interests of the United 16

States. 17

(F) ADDITIONAL LIMITATION.The re-18

quirements of subparagraph (A) shall not apply 19

to national security systems or to telecommuni-20

cations or information technology that is fully 21

funded by amounts made available 22

(i) under the National Intelligence 23

Program, defined by section 3(6) of the 24



f:\VHLC\120214\120214.168.xml

364

National Security Act of 1947 (50 U.S.C. 1

3003(6)); 2

(ii) under the Military Intelligence 3

Program or any successor program or pro-4

grams; or 5

(iii) jointly under the National Intel-6

ligence Program and the Military Intel-7

ligence Program (or any successor pro-8

gram or programs). 9

(4) RISK MANAGEMENT.For each major in-10

formation technology investment listed under para-11

graph (3)(A) that receives a high risk rating, as de-12

scribed in paragraph (3)(C), for 4 consecutive quar-13

ters 14

(A) the Chief Information Officer of the 15

covered agency and the program manager of 16

the investment within the covered agency, in 17

consultation with the Administrator of the Of-18

fice of Electronic Government, shall conduct a 19

review of the investment that shall identify 20

(i) the root causes of the high level 21

of risk of the investment; 22

(ii) the extent to which these causes 23

can be addressed; and 24

(iii) the probability of future success; 25



f:\VHLC\120214\120214.168.xml

365

(B) the Administrator of the Office of 1

Electronic Government shall communicate the 2

results of the review under subparagraph (A) 3

to 4

(i) the Committee on Homeland Se-5

curity and Governmental Affairs and the 6

Committee on Appropriations of the Sen-7

ate; 8

(ii) the Committee on Oversight and 9

Government Reform and the Committee on 10

Appropriations of the House of Represent-11

atives; and 12

(iii) the committees of the Senate 13

and the House of Representatives with pri-14

mary jurisdiction over the agency; 15

(C) in the case of a major information 16

technology investment of the Department of 17

Defense, the assessment required by subpara-18

graph (A) may be accomplished in accordance 19

with section 2445c of title 10, provided that the 20

results of the review are provided to the Admin-21

istrator of the Office of Electronic Government 22

upon request and to the committees identified 23

in subsection (B); and 24



f:\VHLC\120214\120214.168.xml

366

(D) for a covered agency other than the 1

Department of Defense, if on the date that is 2

one year after the date of completion of the re-3

view required under subsection (A), the invest-4

ment is rated as high risk under paragraph 5

(3)(C), the Director shall deny any request for 6

additional development, modernization, or en-7

hancement funding for the investment until the 8

date on which the Chief Information Officer of 9

the covered agency determines that the root 10

causes of the high level of risk of the invest-11

ment have been addressed, and there is suffi-12

cient capability to deliver the remaining planned 13

increments within the planned cost and sched-14

ule. 15

(5) SUNSET OF CERTAIN PROVISIONS.Para-16

graphs (1), (3), and (4) shall not be in effect on and 17

after the date that is 5 years after the date of the 18

enactment of the Carl Levin and Howard P. Buck 19

McKeon National Defense Authorization Act for 20

Fiscal Year 2015.. 21

SEC. 833. PORTFOLIO REVIEW. 22

Section 11319 of title 40, United States Code, as 23

added by section 831, is amended by adding at the end 24

the following new section: 25



f:\VHLC\120214\120214.168.xml

367

(c) INFORMATION TECHNOLOGY PORTFOLIO, PRO-1

GRAM, AND RESOURCE REVIEWS. 2

(1) PROCESS.The Director of the Office of 3

Management and Budget, in consultation with the 4

Chief Information Officers of appropriate agencies, 5

shall implement a process to assist covered agencies 6

in reviewing their portfolio of information technology 7

investments 8

(A) to identify or develop ways to in-9

crease the efficiency and effectiveness of the in-10

formation technology investments of the covered 11

agency; 12

(B) to identify or develop opportunities to 13

consolidate the acquisition and management of 14

information technology services, and increase 15

the use of shared-service delivery models; 16

(C) to identify potential duplication and 17

waste; 18

(D) to identify potential cost savings; 19

(E) to develop plans for actions to opti-20

mize the information technology portfolio, pro-21

grams, and resources of the covered agency; 22

(F) to develop ways to better align the in-23

formation technology portfolio, programs, and 24

financial resources of the covered agency to any 25



f:\VHLC\120214\120214.168.xml

368

multi-year funding requirements or strategic 1

plans required by law; 2

(G) to develop a multi-year strategy to 3

identify and reduce duplication and waste with-4

in the information technology portfolio of the 5

covered agency, including component-level in-6

vestments and to identify projected cost savings 7

resulting from such strategy; and 8

(H) to carry out any other goals that the 9

Director may establish. 10

(2) METRICS AND PERFORMANCE INDICA-11

TORS.The Director of the Office of Management 12

and Budget, in consultation with the Chief Informa-13

tion Officers of appropriate agencies, shall develop 14

standardized cost savings and cost avoidance metrics 15

and performance indicators for use by agencies for 16

the process implemented under paragraph (1). 17

(3) ANNUAL REVIEW.The Chief Information 18

Officer of each covered agency, in conjunction with 19

the Chief Operating Officer or Deputy Secretary (or 20

equivalent) of the covered agency and the Adminis-21

trator of the Office of Electronic Government, shall 22

conduct an annual review of the information tech-23

nology portfolio of the covered agency. 24



f:\VHLC\120214\120214.168.xml

369

(4) APPLICABILITY TO THE DEPARTMENT OF 1

DEFENSE.In the case of the Department of De-2

fense, processes established pursuant to this sub-3

section shall apply only to the business systems in-4

formation technology portfolio of the Department of 5

Defense and not to national security systems as de-6

fined by section 11103(a) of this title. The annual 7

review required by paragraph (3) shall be carried 8

out by the Deputy Chief Management Officer of the 9

Department of Defense (or any successor to such 10

Officer), in consultation with the Chief Information 11

Officer, the Under Secretary of Defense for Acquisi-12

tion, Technology, and Logistics, and other appro-13

priate Department of Defense officials. The Sec-14

retary of Defense may designate an existing invest-15

ment or management review process to fulfill the re-16

quirement for the annual review required by para-17

graph (3), in consultation with the Administrator of 18

the Office of Electronic Government. 19

(5) QUARTERLY REPORTS. 20

(A) IN GENERAL.The Administrator of 21

the Office of Electronic Government shall sub-22

mit a quarterly report on the cost savings and 23

reductions in duplicative information technology 24



f:\VHLC\120214\120214.168.xml

370

investments identified through the review re-1

quired by paragraph (3) to 2

(i) the Committee on Homeland Se-3

curity and Governmental Affairs and the 4

Committee on Appropriations of the Sen-5

ate; 6

(ii) the Committee on Oversight and 7

Government Reform and the Committee on 8

Appropriations of the House of Represent-9

atives; and 10

(iii) upon a request by any com-11

mittee of Congress, to that committee. 12

(B) INCLUSION IN OTHER REPORTS. 13

The reports required under subparagraph (A) 14

may be included as part of another report sub-15

mitted to the committees of Congress described 16

in clauses (i), (ii), and (iii) of subparagraph 17

(A). 18

(6) SUNSET.This subsection shall not be in 19

effect on and after the date that is 5 years after the 20

date of the enactment of the Carl Levin and Howard 21

P. Buck McKeon National Defense Authorization 22

Act for Fiscal Year 2015.. 23



f:\VHLC\120214\120214.168.xml

371 SEC. 834. FEDERAL DATA CENTER CONSOLIDATION INITIA-1

TIVE. 2

(a) DEFINITIONS.In this section: 3

(1) ADMINISTRATOR.The term Adminis-4

trator means the Administrator of the Office of 5

Electronic Government established under section 6

3602 of title 44, United States Code (and also 7

known as the Office of E-Government and Informa-8

tion Technology), within the Office of Management 9

and Budget. 10

(2) COVERED AGENCY.The term covered 11

agency means the following (including all associ-12

ated components of the agency): 13

(A) Department of Agriculture. 14

(B) Department of Commerce. 15

(C) Department of Defense. 16

(D) Department of Education. 17

(E) Department of Energy. 18

(F) Department of Health and Human 19

Services. 20

(G) Department of Homeland Security. 21

(H) Department of Housing and Urban 22

Development. 23

(I) Department of the Interior. 24

(J) Department of Justice. 25

(K) Department of Labor. 26



f:\VHLC\120214\120214.168.xml

372

(L) Department of State. 1

(M) Department of Transportation. 2

(N) Department of Treasury. 3

(O) Department of Veterans Affairs. 4

(P) Environmental Protection Agency. 5

(Q) General Services Administration. 6

(R) National Aeronautics and Space Ad-7

ministration. 8

(S) National Science Foundation. 9

(T) Nuclear Regulatory Commission. 10

(U) Office of Personnel Management. 11

(V) Small Business Administration. 12

(W) Social Security Administration. 13

(X) United States Agency for International 14

Development. 15

(3) FDCCI.The term FDCCI means the 16

Federal Data Center Consolidation Initiative de-17

scribed in the Office of Management and Budget 18

Memorandum on the Federal Data Center Consoli-19

dation Initiative, dated February 26, 2010, or any 20

successor thereto. 21

(4) GOVERNMENT-WIDE DATA CENTER CON-22

SOLIDATION AND OPTIMIZATION METRICS.The 23

term Government-wide data center consolidation 24

and optimization metrics means the metrics estab-25



f:\VHLC\120214\120214.168.xml

373

lished by the Administrator under subsection 1

(b)(2)(G). 2

(b) FEDERAL DATA CENTER CONSOLIDATION IN-3

VENTORIES AND STRATEGIES. 4

(1) IN GENERAL. 5

(A) ANNUAL REPORTING.Except as pro-6

vided in subparagraph (C), each year, beginning 7

in the first fiscal year after the date of the en-8

actment of this Act and each fiscal year there-9

after, the head of each covered agency, assisted 10

by the Chief Information Officer of the agency, 11

shall submit to the Administrator 12

(i) a comprehensive inventory of the 13

data centers owned, operated, or main-14

tained by or on behalf of the agency; and 15

(ii) a multi-year strategy to achieve 16

the consolidation and optimization of the 17

data centers inventoried under clause (i), 18

that includes 19

(I) performance metrics 20

(aa) that are consistent with 21

the Government-wide data center 22

consolidation and optimization 23

metrics; and 24



f:\VHLC\120214\120214.168.xml

374

(bb) by which the quan-1

titative and qualitative progress 2

of the agency toward the goals of 3

the FDCCI can be measured; 4

(II) a timeline for agency activi-5

ties to be completed under the 6

FDCCI, with an emphasis on bench-7

marks the agency can achieve by spe-8

cific dates; 9

(III) year-by-year calculations of 10

investment and cost savings for the 11

period beginning on the date of the 12

enactment of this Act and ending on 13

the date set forth in subsection (e), 14

broken down by each year, including a 15

description of any initial costs for 16

data center consolidation and optimi-17

zation and life cycle cost savings and 18

other improvements, with an emphasis 19

on 20

(aa) meeting the Govern-21

ment-wide data center consolida-22

tion and optimization metrics; 23

and 24



f:\VHLC\120214\120214.168.xml

375

(bb) demonstrating the 1

amount of agency-specific cost 2

savings each fiscal year achieved 3

through the FDCCI; and 4

(IV) any additional information 5

required by the Administrator. 6

(B) USE OF OTHER REPORTING STRUC-7

TURES.The Administrator may require a cov-8

ered agency to include the information required 9

to be submitted under this subsection through 10

reporting structures determined by the Admin-11

istrator to be appropriate. 12

(C) DEPARTMENT OF DEFENSE REPORT-13

ING.For any year that the Department of De-14

fense is required to submit a performance plan 15

for reduction of resources required for data 16

servers and centers, as required under section 17

2867(b) of the National Defense Authorization 18

Act for Fiscal Year 2012 (10 U.S.C. 2223a 19

note), the Department of Defense 20

(i) may submit to the Administrator, 21

in lieu of the multi-year strategy required 22

under subparagraph (A)(ii) 23

(I) the defense-wide plan re-24

quired under section 2867(b)(2) of 25



f:\VHLC\120214\120214.168.xml

376

the National Defense Authorization 1

Act for Fiscal Year 2012 (10 U.S.C. 2

2223a note); and 3

(II) the report on cost savings re-4

quired under section 2867(d) of the 5

National Defense Authorization Act 6

for Fiscal Year 2012 (10 U.S.C. 7

2223a note); and 8

(ii) shall submit the comprehensive in-9

ventory required under subparagraph 10

(A)(i), unless the defense-wide plan re-11

quired under section 2867(b)(2) of the Na-12

tional Defense Authorization Act for Fiscal 13

Year 2012 (10 U.S.C. 2223a note) 14

(I) contains a comparable com-15

prehensive inventory; and 16

(II) is submitted under clause (i). 17

(D) STATEMENT.Each year, beginning in 18

the first fiscal year after the date of the enact-19

ment of this Act and each fiscal year thereafter, 20

the head of each covered agency, acting through 21

the Chief Information Officer of the agency, 22

shall 23

(i)(I) submit a statement to the Ad-24

ministrator stating whether the agency has 25



f:\VHLC\120214\120214.168.xml

377

complied with the requirements of this sec-1

tion; and 2

(II) make the statement submitted 3

under subclause (I) publicly available; and 4

(ii) if the agency has not complied 5

with the requirements of this section, sub-6

mit a statement to the Administrator ex-7

plaining the reasons for not complying 8

with such requirements. 9

(E) AGENCY IMPLEMENTATION OF STRAT-10

EGIES. 11

(i) IN GENERAL.Each covered agen-12

cy, under the direction of the Chief Infor-13

mation Officer of the agency, shall 14

(I) implement the strategy re-15

quired under subparagraph (A)(ii); 16

and 17

(II) provide updates to the Ad-18

ministrator, on a quarterly basis, of 19

(aa) the completion of activi-20

ties by the agency under the 21

FDCCI; 22

(bb) any progress of the 23

agency towards meeting the Gov-24

ernment-wide data center consoli-25



f:\VHLC\120214\120214.168.xml

378

dation and optimization metrics; 1

and 2

(cc) the actual cost savings 3

and other improvements realized 4

through the implementation of 5

the strategy of the agency. 6

(ii) DEPARTMENT OF DEFENSE.For 7

purposes of clause (i)(I), implementation of 8

the defense-wide plan required under sec-9

tion 2867(b)(2) of the National Defense 10

Authorization Act for Fiscal Year 2012 11

(10 U.S.C. 2223a note) by the Department 12

of Defense shall be considered implementa-13

tion of the strategy required under sub-14

paragraph (A)(ii). 15

(F) RULE OF CONSTRUCTION.Nothing in 16

this section shall be construed to limit the re-17

porting of information by a covered agency to 18

the Administrator, the Director of the Office of 19

Management and Budget, or Congress. 20

(2) ADMINISTRATOR RESPONSIBILITIES.The 21

Administrator shall 22

(A) establish the deadline, on an annual 23

basis, for covered agencies to submit informa-24

tion under this section; 25



f:\VHLC\120214\120214.168.xml

379

(B) establish a list of requirements that 1

the covered agencies must meet to be consid-2

ered in compliance with paragraph (1); 3

(C) ensure that information relating to 4

agency progress towards meeting the Govern-5

ment-wide data center consolidation and optimi-6

zation metrics is made available in a timely 7

manner to the general public; 8

(D) review the inventories and strategies 9

submitted under paragraph (1) to determine 10

whether they are comprehensive and complete; 11

(E) monitor the implementation of the 12

data center strategy of each covered agency 13

that is required under paragraph (1)(A)(ii); 14

(F) update, on an annual basis, the cumu-15

lative cost savings realized through the imple-16

mentation of the FDCCI; and 17

(G) establish metrics applicable to the con-18

solidation and optimization of data centers Gov-19

ernment-wide, including metrics with respect 20

to 21

(i) costs; 22

(ii) efficiencies, including, at a min-23

imum, server efficiency; and 24



f:\VHLC\120214\120214.168.xml

380

(iii) any other factors the Adminis-1

trator considers appropriate. 2

(3) COST SAVING GOAL AND UPDATES FOR CON-3

GRESS. 4

(A) IN GENERAL.Not later than one year 5

after the date of the enactment of this Act, the 6

Administrator shall develop, and make publicly 7

available, a goal, broken down by year, for the 8

amount of planned cost savings and optimiza-9

tion improvements achieved through the FDCCI 10

during the period beginning on the date of the 11

enactment of this Act and ending on the date 12

set forth in subsection (e). 13

(B) ANNUAL UPDATE. 14

(i) IN GENERAL.Not later than one 15

year after the date on which the goal de-16

scribed in subparagraph (A) is made pub-17

licly available, and each year thereafter, 18

the Administrator shall aggregate the re-19

ported cost savings of each covered agency 20

and optimization improvements achieved to 21

date through the FDCCI and compare the 22

savings to the projected cost savings and 23

optimization improvements developed 24

under subparagraph (A). 25



f:\VHLC\120214\120214.168.xml

381

(ii) UPDATE FOR CONGRESS.The 1

goal required to be developed under sub-2

paragraph (A) shall be submitted to Con-3

gress and shall be accompanied by a state-4

ment describing 5

(I) the extent to which each cov-6

ered agency has developed and sub-7

mitted a comprehensive inventory 8

under paragraph (1)(A)(i), including 9

an analysis of the inventory that de-10

tails specific numbers, use, and effi-11

ciency level of data centers in each in-12

ventory; and 13

(II) the extent to which each cov-14

ered agency has submitted a com-15

prehensive strategy that addresses the 16

items listed in paragraph (1)(A)(ii). 17

(4) GAO REVIEW. 18

(A) IN GENERAL.Not later than one year 19

after the date of the enactment of this Act, and 20

each year thereafter, the Comptroller General of 21

the United States shall review and verify the 22

quality and completeness of the inventory and 23

strategy of each covered agency required under 24

paragraph (1)(A). 25



f:\VHLC\120214\120214.168.xml

382

(B) REPORT.The Comptroller General of 1

the United States shall, on an annual basis, 2

publish a report on each review conducted 3

under subparagraph (A). 4

(c) ENSURING CYBERSECURITY STANDARDS FOR 5

DATA CENTER CONSOLIDATION AND CLOUD COM-6

PUTING. 7

(1) IN GENERAL.In implementing a data cen-8

ter consolidation and optimization strategy under 9

this section, a covered agency shall do so in a man-10

ner that is consistent with Federal guidelines on 11

cloud computing security, including 12

(A) applicable provisions found within the 13

Federal Risk and Authorization Management 14

Program (FedRAMP); and 15

(B) guidance published by the National In-16

stitute of Standards and Technology. 17

(2) RULE OF CONSTRUCTION.Nothing in this 18

section shall be construed to limit the ability of the 19

Director of the Office of Management and Budget to 20

update or modify the Federal guidelines on cloud 21

computing security. 22

(d) WAIVER OF REQUIREMENTS.The Director of 23

National Intelligence and the Secretary of Defense, or 24

their respective designee, may waive the applicability to 25



f:\VHLC\120214\120214.168.xml

383

any national security system, as defined in section 3542 1

of title 44, United States Code, of any provision of this 2

section if the Director of National Intelligence or the Sec-3

retary of Defense, or their respective designee, determines 4

that such waiver is in the interest of national security. 5

Not later than 30 days after making a waiver under this 6

subsection, the Director of National Intelligence or the 7

Secretary of Defense, or their respective designee, shall 8

submit to the Committee on Homeland Security and Gov-9

ernmental Affairs and the Select Committee on Intel-10

ligence of the Senate and the Committee on Oversight and 11

Government Reform and the Permanent Select Committee 12

on Intelligence of the House of Representatives a state-13

ment describing the waiver and the reasons for the waiver. 14

(e) SUNSET.This section is repealed effective on 15

October 1, 2018. 16

SEC. 835. EXPANSION OF TRAINING AND USE OF INFORMA-17

TION TECHNOLOGY CADRES. 18

(a) PURPOSE.The purpose of this section is to en-19

sure timely progress by Federal agencies toward devel-20

oping, strengthening, and deploying information tech-21

nology acquisition cadres consisting of personnel with 22

highly specialized skills in information technology acquisi-23

tion, including program and project managers. 24

(b) STRATEGIC PLANNING. 25



f:\VHLC\120214\120214.168.xml

384

(1) IN GENERAL.The Administrator for Fed-1

eral Procurement Policy, in consultation with the 2

Administrator for E-Government and Information 3

Technology, shall work with Federal agencies, other 4

than the Department of Defense, to update their ac-5

quisition human capital plans that were developed 6

pursuant to the October 27, 2009, guidance issued 7

by the Administrator for Federal Procurement Pol-8

icy in furtherance of section 1704(g) of title 41, 9

United States Code (originally enacted as section 10

869 of the Duncan Hunter National Defense Au-11

thorization Act for Fiscal Year 2009 (Public Law 12

110417; 122 Stat. 4553)), to address how the 13

agencies are meeting their human capital require-14

ments to support the timely and effective acquisition 15

of information technology. 16

(2) ELEMENTS.The updates required by 17

paragraph (1) shall be submitted to the Adminis-18

trator for Federal Procurement Policy and shall ad-19

dress, at a minimum, each Federal agencys consid-20

eration or use of the following procedures: 21

(A) Development of an information tech-22

nology acquisition cadre within the agency or 23

use of memoranda of understanding with other 24

agencies that have such cadres or personnel 25



f:\VHLC\120214\120214.168.xml

385

with experience relevant to the agencys infor-1

mation technology acquisition needs. 2

(B) Development of personnel assigned to 3

information technology acquisitions, including 4

cross-functional training of acquisition informa-5

tion technology and program personnel. 6

(C) Use of the specialized career path for 7

information technology program managers as 8

designated by the Office of Personnel Manage-9

ment and plans for strengthening information 10

technology program management. 11

(D) Use of direct hire authority. 12

(E) Conduct of peer reviews. 13

(F) Piloting of innovative approaches to in-14

formation technology acquisition workforce de-15

velopment, such as industry-government rota-16

tions. 17

(c) FEDERAL AGENCY DEFINED.In this section, 18

the term Federal agency means each agency listed in 19

section 901(b) of title 31, United States Code. 20

SEC. 836. MAXIMIZING THE BENEFIT OF THE FEDERAL 21

STRATEGIC SOURCING INITIATIVE. 22

Not later than 180 days after the date of the enact-23

ment of this Act, the Administrator for Federal Procure-24

ment Policy shall prescribe regulations providing that 25



f:\VHLC\120214\120214.168.xml

386

when the Federal Government makes a purchase of serv-1

ices and supplies offered under the Federal Strategic 2

Sourcing Initiative (managed by the Office of Federal Pro-3

curement Policy) but such Initiative is not used, the con-4

tract file for the purchase shall include a brief analysis 5

of the comparative value, including price and nonprice fac-6

tors, between the services and supplies offered under such 7

Initiative and services and supplies offered under the 8

source or sources used for the purchase. 9

SEC. 837. GOVERNMENTWIDE SOFTWARE PURCHASING 10

PROGRAM. 11

(a) IN GENERAL.The Administrator of General 12

Services shall identify and develop a strategic sourcing ini-13

tiative to enhance Governmentwide acquisition, shared 14

use, and dissemination of software, as well as compliance 15

with end user license agreements. 16

(b) GOVERNMENTWIDE USER LICENSE AGREE-17

MENT.The Administrator, in developing the initiative 18

under subsection (a), shall allow for the purchase of a li-19

cense agreement that is available for use by all Executive 20

agencies (as defined in section 105 of title 5, United 21

States Code) as one user to the maximum extent prac-22

ticable and as appropriate. 23



f:\VHLC\120214\120214.168.xml

fitara language in defense auth bill (fy2015)

Documents