,,ii #aacth ,,congress #ast ,session ,s4 #ahdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjac,mr4 ,udall of ,new ,mexico 7for himself1 ,mr4 ,moran1 and ,mr4 ,johanns7 introduced the following bill2 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 management4 #a4 ,short title ,this ,act may be cited as the ,federal ,information ,technology ,savings1 ,accountability1 and ,transparency ,act of #bjac4 #b4 ,increased authority of agency ,chief ,information ,officers over information technology 7a7 ,presidential appointment of ,c,i,os of certain agencies 7#a7 ,in general ,section #aacae of title #dj1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsection 7a7 as subsection 7e7 and moving such subsection to the end of the section2 and 7,b7 by inserting before subsection 7b7 the following3 7a7 ,presidential appointment or designation of certain chief information officers 7#a7 ,in general ,there shall be within each agency listed in section #ija7;b77#a7 of title #ca1 other than the ,department of ,defense1 an agency ,chief ,information ,officer4 7#b7 ,appointment or designation ,each agency ,chief ,information ,officer shall-- 7,a7 be-- 7i7 appointed by the ,president2 or 7ii7 designated by the ,president1 in consultation with the head of the agency2 and 7,b7 be appointed or designated1 as applicable1 from among individuals who possess demonstrated ability in general management of1 and knowledge of and extensive practical experience in1 information technology management practices in large governmental or business entities4 7#c7 ,responsibilities ,an agency ,chief ,information ,officer appointed or designated under this section shall report directly to the head of the agency and carry out1 on a full-time basis-- 7,a7 the responsibilities under this section2 and 7,b7 the responsibilities under section #cejf7;a7 of title #dd for ,chief ,information ,officers designated under paragraph 7#b7 of such section4 4 7#b7 ,conforming amendment ,section #cejf7;a77#b77;,a7 of title #dd1 ,united ,states ,code1 is amended by inserting after each agency the following3 1 other than an agency with a ,presidentially appointed or designated ,chief ,information ,officer1 as provided in section #aacae7;a77#a7 of title #dj14 7b7 ,authority relating to budget and personnel ,section #aacae of title #dj1 ,united ,states ,code1 is further amended by inserting after subsection 7c7 the following3 7d7 ,additional authorities for certain ,c,i,os 7#a7 ,budget-related authority 7,a7 ,definitions ,in this paragraph-- 7i7 the term commercial item has the meaning given that term in section #ajc of title #da1 ,united ,states ,code2 and 7ii7 the term commercially available off-the-shelf item has the meaning given that term in section #ajd of title #da1 ,united ,states ,code4 7,b7 ,planning ,the head of each agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 shall ensure that the ,chief ,information ,officer of the agency has the authority to participate in decisions regarding the budget planning process related to-- 7i7 information technology or programs that include significant information technology components2 or 7ii7 the acquisition of an information technology product or service that is a commercial item4 7,c7 ,allocation ,amounts appropriated for an agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 for any fiscal year that are available for information technology shall be allocated within the agency1 consistent with the provisions of appropriations ,acts and budget guidelines and recommendations from the ,director of the ,office of ,management and ,budget1 in such manner as may be specified by1 or approved by1 the ,chief ,information ,officer of the agency in consultation with the ,chief ,financial ,officer of the agency and budget officials4 7,d7 ,,cots ,the head of each agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 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 item4 7#b7 ,personnel-related authority ,the head of each agency listed in section #ija7;b77#a7 or #ija7;b77#b7 of title #ca1 other than the ,department of ,defense1 shall ensure that the ,chief ,information ,officer of the agency has the authority necessary to-- 7,a7 approve the hiring of personnel who will have information technology responsibilities within the agency2 and 7,b7 require that such personnel have the obligation to report to the ,chief ,information ,officer in a manner considered sufficient by the ,chief ,information ,officer4 4 7c7 ,single chief information officer in each agency 7#a7 ,requirement ,section #cejf7;a77#c7 of title #dd1 ,united ,states ,code1 is amended-- 7,a7 by inserting 7,a7 after 7#c72 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,each agency shall have only one individual with the title and designation of ,chief ,information ,officer4 ,any bureau1 office1 or subordinate organization within the agency may designate one individual with the title ,deputy ,chief ,information ,officer1 ,associate ,chief ,information ,officer1 or ,assistant ,chief ,information ,officer4 4 7#b7 ,effective date ,section #cejf7;a77#c77;,b7 of title #dd1 ,united ,states ,code1 as added by paragraph 7#a71 shall take effect on ,october #a1 #bjad4 ,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 individual4 #c4 ,lead coordination role of ,chief ,information ,officers ,council 7a7 ,lead coordination role ,subsection 7d7 of section #cfjc of title #dd1 ,united ,states ,code1 is amended to read as follows3 7d7 ,lead interagency forum 7#a7 ,designation 7,a7 ,in general ,the ,council is designated the lead interagency forum for improving agency coordination of practices related to the design1 development1 modernization1 use1 operation1 sharing1 performance1 and review of ,federal ,government information resources investment4 7,b7 ,responsibilities ,as the lead interagency forum1 the ,council shall-- 7i7 develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms2 and 7ii7 issue guidelines and practices for expansion of the ,federal enterprise architecture process1 if appropriate4 7,c7 ,guidelines and practices ,the guidelines and practices issued under subparagraph 7,b77ii7-- 7i7 may address broader transparency1 common inputs1 common outputs1 and outcomes achieved2 and 7ii7 shall be used as a basis for comparing performance across diverse missions and operations in various agencies4 7#b7 ,reports 7,a7 ,definition ,in this paragraph1 the term relevant congressional committees means each of the following3 7i7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate4 7ii7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,required reports ,not later than ,december #a in each of the #f years following the date of the enactment of this paragraph1 the ,council shall submit to the relevant congressional committees a report 7to be known as the ,,cio ,council ,report7 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 appropriate4 4 7b7 ,references to ,administrator of ,e-,government as ,federal ,chief ,information ,officer 7#a7 ,references ,section #cfjb7;b7 of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 ,the ,administrator may also be referred to as the ,federal ,chief ,information ,officer44 7#b7 ,definition ,section #cfja7a7 of title #dd1 ,united ,states ,code1 is amended by inserting or ,federal ,chief ,information ,officer before means4 #d4 ,reports by ,government ,accountability ,office 7a7 ,definitions ,in this section3 7#a7 ,chief information officers council ,the term ,chief ,information ,officers ,council means the ,chief ,information ,officers ,council established by section #cfjc7;a7 of title #dd1 ,united ,states ,code4 7#b7 ,relevant congressional committees ,the term relevant congressional committees means each of the following3 7,a7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate4 7,b7 ,the ,committee on ,oversight and ,government ,reform and the ,committee on ,appropriations of the ,house of ,representatives4 7b7 ,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 #cfjc7;d7 of title #dd1 ,united ,states ,code1 as added by section #c1 with particular focus whether agencies are actively participating in the ,council and following the ,council's advice and guidance4 7c7 ,reports ,not later than #a year1 #c years1 and #e years after the date of enactment of this ,act1 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 7b74 #e4 ,enhanced transparency in information technology investments 7a7 ,public availability of information about ,,it investments ,section #aacjb7;c7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,public availability 7,a7 ,in general ,the ,director shall make available to the public the cost1 schedule1 and performance data for at least #hj percent 7by dollar value7 of all information technology investments in each ,federal agency listed in section #ija7;b7 of title #ca1 without regard to whether the investments are for information technology acquisitions or for operations and maintenance of information technology4 ,the ,director shall ensure that the information is current1 accurate1 and reflects the risks associated with each covered information technology investment4 7,b7 ,waiver or limitation authority ,if the ,director or the ,chief ,information ,officer1 as the case may be1 determines that a waiver or limitation is in the national security interests of the ,united ,states1 the applicability of subparagraph 7,a7 may be waived or the extent of the information may be limited-- 7i7 by the ,director1 with respect to information technology investments ,governmentwide2 and 7ii7 by the ,chief ,information ,officer of a ,federal agency listed in section #ija7;b7 of title #ca1 with respect to information technology investments in that ,federal agency4 4 7b7 ,additional report requirements ,paragraph 7#c7 of section #aacjb7;c7 title #dj1 ,united ,states ,code1 as redesignated by subsection 7a71 is amended by adding at the end the following3 ,the report shall include an analysis of agency trends reflected in the performance risk information required in paragraph 7#b744