[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1843 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1843

 To eliminate duplication and waste in Federal information technology 
                      acquisition and management.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Information Technology 
Savings, Accountability, and Transparency Act of 2013''.

SEC. 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.

SEC. 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''.

SEC. 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).

SEC. 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).''.
                                 <all>