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Code · BILL · 113th Congress · H.R. 3979 (EAH) — 113 HR 3979 EAH: Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 831

Sec. 831. Chief Information Officer authority enhancements

599 words·~3 min read·/bill/113/hr/3979/eah/section-831

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Subchapter II of chapter 113 of title 40, United States Code, is amended by adding at the end the following new section: In this section: The term covered agency means each agency listed in section 901(b)(1) or 901(b)(2) of title 31. The term information technology has the meaning given that term under capital planning guidance issued by the Office of Management and Budget. 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— 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 the management, governance, and oversight processes related to information technology.
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: 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.
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. A covered agency other than the Department of Defense— 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; 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 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.
Except as provided in subclause (II), the duties of a Chief Information Officer under clause
(i)are not delegable. 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. 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. None of the authorities provided in this section shall apply to telecommunications or information technology that is fully funded by amounts made available— under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 3003(6) ); under the Military Intelligence Program or any successor program or programs; or jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs). . 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. .
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Sec. 831
Chief Information Officer authority enhancements
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