§11319 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Give agency Chief Information Officers (CIOs) strong control over their agency’s IT work. Covered agencies are those listed in section 901(b)(1) or 901(b)(2) of title 31. Agency leaders must make sure their CIOs play a major role in IT planning, budgeting, management, and oversight. Under OMB capital planning guidance, each agency’s CIO (except for the Department of Defense, where the DoD CIO reviews and advises) must approve the agency’s IT budget request and must certify that IT projects use incremental development. Except for DoD, agencies may not sign IT contracts or reprogram IT funds unless the agency CIO has reviewed and approved them. The CIO’s approval duties usually cannot be handed off, except for small, non-major IT contracts where the CIO may delegate approval to a direct report. Also, the agency CIO must approve any person titled or acting as a CIO for a component of the agency. These rules do not apply to IT paid for by the National Intelligence Program (50 U.S.C. 3003(6)), the Military Intelligence Program, or both. The Office of Management and Budget (OMB), working with agency CIOs, must run a process to review each agency’s IT investments. The goal is to find ways to make IT more efficient, to consolidate services, to spot duplication and waste, and to plan cost savings and better alignment with multi-year strategies. OMB will make standard metrics to measure cost savings and avoided costs. Each agency CIO, with the agency’s COO or Deputy Secretary and the Administrator of the Office of Electronic Government, must do an annual IT portfolio review. For DoD, these rules cover only business systems, not national security systems, and the DoD CIO will do the annual review with the Under Secretary for Acquisition and Sustainment; the Secretary of Defense may use an existing review process. The Administrator of the Office of Electronic Government must report quarterly to specified Senate and House committees about identified cost savings and reductions in duplicate IT investments; those reports can be included in other reports and provided to any committee that asks.

Title 40, §11319

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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)(1)(A)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)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.

(C)(i)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.

(ii)(I)Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.

(II)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)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)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).

(d)(1)The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall implement a process to assist covered agencies in reviewing their portfolio of information technology investments—

(A)to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;

(B)to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;

(C)to identify potential duplication and waste;

(D)to identify potential cost savings;

(E)to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;

(F)to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;

(G)to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and

(H)to carry out any other goals that the Director may establish.

(2)The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall develop standardized cost savings and cost avoidance metrics and performance indicators for use by agencies for the process implemented under paragraph (1).

(3)The Chief Information Officer of each covered agency, in conjunction with the Chief Operating Officer or Deputy Secretary (or equivalent) of the covered agency and the Administrator of the Office of Electronic Government, shall conduct an annual review of the information technology portfolio of the covered agency.

(4)In the case of the Department of Defense, processes established pursuant to this subsection shall apply only to the business systems information technology portfolio of the Department of Defense and not to national security systems as defined by section 11103(a) of this title. The annual review required by paragraph (3) shall be carried out by the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and other appropriate Department of Defense officials. The Secretary of Defense may designate an existing investment or management review process to fulfill the requirement for the annual review required by paragraph (3), in consultation with the Administrator of the Office of Electronic Government.

(5)(A)The Administrator of the Office of Electronic Government shall submit a quarterly report on the cost savings and reductions in duplicative information technology investments identified through the review required by paragraph (3) to—

(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; and

(iii)upon a request by any committee of Congress, to that committee.

(B)The reports required under subparagraph (A) may be included as part of another report submitted to the committees of Congress described in clauses (i), (ii), and (iii) of subparagraph (A).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (d)(4). Pub. L. 118–31 substituted “the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and” for “the Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, and”. 2019—Subsec. (d)(4). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2018—Subsec. (d)(4). Pub. L. 115–232 substituted “Chief Management Officer” for “Deputy Chief Management Officer”. 2017—Subsecs. (c), (d). Pub. L. 115–88, § 3(1), and Pub. L. 115–91, § 819(b)(1), amended section identically, redesignating subsec. (c) relating to information technology portfolio, program, and resource reviews as (d). Subsec. (d)(6). Pub. L. 115–88, § 3(2), and Pub. L. 115–91, § 819(b)(2), amended subsec. (d) identically, striking out par. (6). Text read as follows: “This subsection shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.” 2014—Subsec. (c). Pub. L. 113–291, § 833, added subsec. (c) relating to information technology portfolio, program, and resource reviews.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§11319 Resources, planning, and portfolio management