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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 1064

Sec. 1064. ACTIVITIES AND REPORTING RELATING TO DEPARTMENT OF DEFENSE’S CLOUD INITIATIVE

960 words·~4 min read·/statute-compilations/comps-15483/sec-1064

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## SEC. 1064 ACTIVITIES AND REPORTING RELATING TO DEPARTMENT OF DEFENSE’S CLOUD INITIATIVE **[**[10 U.S.C. 2223a note](/us/usc/t10/s2223a)**]** ###
(a)Activities Required Commencing not later than 90 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense, acting through the Cloud Executive Steering Group established by the Deputy Secretary of Defense in a directive memorandum dated September 13, 2017, in order to support its Joint Enterprise Defense Infrastructure initiative to procure commercial cloud services, shall conduct certain key enabling activities as follows: ####
(1)Develop an approach to rapidly acquire advanced commercial network capabilities, including software-defined networking, on-demand bandwidth, and aggregated cloud access gateways, through commercial service providers in order— #####
(A)to support the migration of applications and systems to commercial cloud platforms; #####
(B)to increase visibility of end-to-end performance to enable and enforce service level agreements for cloud services; #####
(C)to ensure efficient and common cloud access; #####
(D)to facilitate shifting data and applications from one cloud platform to another; #####
(E)to improve cybersecurity; and #####
(F)to consolidate networks and achieve efficiencies and improved performance; ####
(2)Conduct an analysis of existing workloads that would be migrated to the Joint Enterprise Defense Infrastructure, including— #####
(A)identifying all of the cloud initiatives across the Department of Defense, and determining the objectives of such initiatives in connection with the intended scope of the Infrastructure; #####
(B)identifying all the systems and applications that the Department would intend to migrate to the Infrastructure; #####
(C)conducting rationalization of applications to identify applications and systems that may duplicate the processing of workloads in connection with the Infrastructure; and #####
(D)as result of such actions, arriving at dispositions about migration or termination of systems and applications in connection with the Infrastructure. ###
(b)Report Required The Chief Information Officer shall submit to the congressional defense committees a report on the Department of Defense’s Cloud Initiative to manage networks, data centers, and clouds at the enterprise level. Such report shall include each of the following: ####
(1)A description the status of completion of the activities required under subsection (a). ####
(2)Information relating to the current composition of the Cloud Executive Steering Group and the stakeholders relating to the Department of Defense’s Cloud Initiative and associated mission, objectives, goals, and strategy. ####
(3)A description of the characteristics and considerations for accelerating the cloud architecture and services required for a global, resilient, and secure information environment. ####
(4)Information relating to acquisition strategies and timeline for efforts associated with the Department of Defense’s Cloud Initiative, including the Joint Enterprise Defense Infrastructure. ####
(5)A description of how the acquisition strategies referred to in paragraph
(4)provides for a full and open competition, enable the Department of Defense to continuously leverage and acquire new cloud computing capabilities, maintain the ability of the Department to leverage other cloud computing vendor products and services, incorporate elements to maintain security, and provide for the best performance, cost, and schedule to meet the cloud architecture and services requirements of the Department for the duration of such contract. ####
(6)A detailed description of existing workloads that will be migrated to enterprise-wide cloud infrastructure or platforms as a result of the Department of Defense’s Cloud Initiative, including estimated migration costs and timelines, based on the analysis required under subsection (a)(2). ####
(7)A description of the program management and program office of the Department of Defense’s Cloud Initiative, including the number of personnel, overhead costs, and organizational structure. ####
(8)A description of the effect of the Joint Enterprise Defense Infrastructure on and the relationship of such Infrastructure to existing cloud computing infrastructure, platform, and service contracts across the Department of Defense, specifically the effect and relationship to the private cloud infrastructure of the Department, MilCloud 2.0 run by the Defense Information Systems Agency based on the analysis required under subsection (a)(2). ####
(9)Information relating to the most recent Department of Defense Cloud Computing Strategy and description of any initiatives to update such Strategy. ####
(10)Information relating to Department of Defense guidance pertaining to cloud computing capability or platform acquisition and standards, and a description of any initiatives to update such guidance. ####
(11)Any other matters the Secretary of Defense determines relevant. ###
(c)Limitation on Use of Funds Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for the Department of Defense’s Cloud Initiative, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report required by subsection (b). ###
(d)Limitation on New Systems and Applications ####
(1)In general Except as provided in paragraph (2), the Deputy Secretary shall require that no new system or application will be approved for development or modernization without an assessment that such system or application is already, or can and would be, cloud-hosted. ####
(2)Waiver The Deputy Secretary may issue a national waiver to the requirement under paragraph
(1)if the Deputy Secretary determines, pursuant to the assessment described in such paragraph, that the requirement would adversely affect the national security of the United States. If the Deputy Secretary issues a waiver under this paragraph, the Deputy Secretary shall provide to the congressional defense committees a written notification of such waiver, justification for the waiver, and identification of the system or application to which the waiver applies by not later than 15 days after the date on which the waiver is issued. ###
(e)Transparency and Competition The Deputy Secretary shall ensure that the acquisition approach of the Department continues to follow the Federal Acquisition Regulation with respect to competition.
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Sec. 1064
ACTIVITIES AND REPORTING RELATING TO DEPARTMENT OF DEFENSE’S CLOUD INITIATIVE
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