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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle D--Federal Information Technology Acquisition Reform
P. L. 113-291
Explanatory Statement, 12/4/14, H8671
SEC. 831. CHIEF INFORMATION OFFICER AUTHORITY ENHANCEMENTS.
(a) In General- Subchapter II of chapter 113 of title 40, United States Code, is amended by adding at the end the following new section:
`Sec. 11319. Resources, planning, and portfolio management
`(a) Definitions- In this section:
`(1) The term `covered agency' means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
`(2) The term `information technology' has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
`(b) Additional Authorities for Chief Information Officers-
`(1) PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION AUTHORITIES FOR CIOS-
`(A) IN GENERAL- The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in--
`(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
`(ii) the management, governance, and oversight processes related to information technology.
`(B) BUDGET FORMULATION- The Director of the Office of Management and Budget shall require in the annual information technology capital planning guidance of the Office of Management and Budget the following:
`(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
`(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
`(i) IN GENERAL- A covered agency other than the Department of Defense--
`(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
`(II) may not request the reprogramming 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 such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
`(I) IN GENERAL- Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.
`(II) NON-MAJOR INFORMATION TECHNOLOGY INVESTMENTS- For a contract or agreement for a non-major information technology investment, as defined in the annual information technology capital planning guidance of the Office of Management and Budget, the Chief Information Officer of a covered agency other than the Department of Defense may delegate the approval of the contract or agreement under clause (i) to an individual who reports directly to the Chief Information Officer.
`(2) PERSONNEL-RELATED AUTHORITY- Notwithstanding any other provision of law, for each covered agency other than the Department of Defense, the Chief Information Officer of the covered agency shall approve the appointment of any other employee with the title of Chief Information Officer, or who functions in the capacity of a Chief Information Officer, for any component organization within the covered agency.
`(c) Limitation- None of the authorities provided in this section shall apply to telecommunications or information technology that is fully funded by amounts made available--
`(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
`(2) under the Military Intelligence Program or any successor program or programs; or
`(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 for chapter 113 of title 40, United States Code, is amended by inserting after the item relating to section 11318 the following new item:
`11319. Resources, planning, and portfolio management.'.
Chief Information Officer authority
enhancements (sec. 831)
The House bill contained a provision (sec. 5101) that would strengthen various agencies' Chief Information Officer positions.
The Senate committee-reported bill contained no similar provision.
The agreement includes the House provision with a clarifying amendment.
H. Rpt. 113-359 to accompany the Federal Information Technology Acquisition Reform Act
Section 101. Increased authority of agency Chief Information Officers over information technology
Increases the accountability and authority of the agency Chief Information Officers (CIO) over each agency's information technology (IT) investment practices. Subsection (a) makes CIOs of the 16 major civilian agencies (i) presidential appointees or designees; (ii) maintain a direct reporting link with the head of the agency. Listed below are the 16 agencies:
The Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of the Interior, the Department of Justice, the Department of Labor, the Department of State, the Department of Transportation, the Department of the Treasury, the Department of Veterans Affairs, the Environmental Protection Agency, the National Aeronautics and Space Administration.
FITARA intends such appointee or designee to be a fully-dedicated CIO without any concurrent non-IT duties. The Committee also expects there be a deputy CIO who is a full-time career executive with the same requisite qualifications to provide needed continuity.
Subsection (b) provides additional budget and personnel-related authority to 23 major civilian agencies. Listed below are the additional seven agencies that are covered by this subsection:
The Agency for International Development, the General Services Administration, the National Science Foundation, the Nuclear Regulatory Commission, the Office of Personnel Management, the Small Business Administration, the Social Security Administration.
Subsection (c) eliminates redundant CIO positions within each agency covered by the Clinger-Cohen Act by requiring there be only one CIO for the entire agency. For the purpose of this subsection, DoD and its three military departments are each treated as a single `agency' (see definitions in 44 U.S.C. Sec. 3502(1)).
The Department of Defense was generally excluded from subsections (a) and (b) due to the differing procedures currently in place in Title 10 for DoD and its three military departments regarding the appointment, budget, and investment review process utilized by CIOs. However, as the biggest user of interagency acquisitions, both in direct and assisted acquisition settings, the Committee expects DoD to be a major participant and beneficiary of FITARA.
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