§3100 — Title 50 War and National Defense | U.S. Code

Summary

No funds for any part of the intelligence community can be spent on a business-system project that will cost more than $3,000,000 unless the Director of the Office of Business Transformation certifies the project and the Board described below approves that certification. The certification must say the project either follows the enterprise architecture and other rules the Director of National Intelligence sets, or is needed to deliver a critical national security ability or to avoid a big harmful effect on an essential project. After fiscal year 2010, the $3,000,000 limit increases each year by the consumer price index. The Director of National Intelligence must create and run an enterprise architecture for all intelligence community business systems so systems work together and follow federal rules. That architecture must let the community meet federal accounting rules, produce accurate and timely financial and cost information, combine budget and program data, and use one set of policies, data standards, and system interfaces. The Director is responsible for the whole life cycle of these projects. The Office of Business Transformation had to set up an investment review process within 60 days after October 7, 2010, that meets section 11312 of title 40 and defines roles, uses an investment review board to approve investments before spending, reviews them at least yearly, sets review thresholds, and includes certification procedures. The Director of National Intelligence must also set up a Board to recommend policies, approve major updates to the enterprise architecture and modernization plans, manage cross-domain integration, coordinate transformation efforts, report on progress, and make sure funds are spent as required. Chapter 113 of title 40 rules for executive agencies apply jointly to the DNI and the Intelligence Community Chief Information Officer and to each agency head and that agency’s CIO, and they must sign a Memorandum of Understanding. The DNI must send reports by March 31 in each year 2011 through 2014 to the congressional intelligence committees describing actions, milestones, the number of certifications, and business improvements and cost savings. Definitions: enterprise architecture (see section 3601(4) of title 44); information system/technology (see section 11101 of title 40); intelligence community business system (an information system used by the intelligence community, including financial and other business systems); intelligence community business system transformation (a new system or a major change, not routine maintenance); national security system (see section 3542 of title 44); Office of Business Transformation (includes any successor office).

Title 50, §3100

War and National Defense — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (3), no funds appropriated to any element of the intelligence community may be obligated for an intelligence community business system transformation that will have a total cost in excess of $3,000,000 unless—

(A)the Director of the Office of Business Transformation of the Office of the Director of National Intelligence makes a certification described in paragraph (2) with respect to such intelligence community business system transformation; and

(B)such certification is approved by the board established under subsection (f).

(2)The certification described in this paragraph for an intelligence community business system transformation is a certification made by the Director of the Office of Business Transformation of the Office of the Director of National Intelligence that the intelligence community business system transformation—

(A)complies with the enterprise architecture under subsection (b) and such other policies and standards that the Director of National Intelligence considers appropriate; or

(B)is necessary—

(i)to achieve a critical national security capability or address a critical requirement; or

(ii)to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration any alternative solutions for preventing such adverse effect.

(3)With respect to a fiscal year after fiscal year 2010, the amount referred to in paragraph (1) in the matter preceding subparagraph (A) shall be equal to the sum of—

(A)the amount in effect under such paragraph (1) for the preceding fiscal year (determined after application of this paragraph), plus

(B)such amount multiplied by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of the previous fiscal year.

(b)(1)The Director of National Intelligence shall, acting through the board established under subsection (f), develop and implement an enterprise architecture to cover all intelligence community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable intelligence community business system solutions, consistent with applicable policies and procedures established by the Director of the Office of Management and Budget.

(2)The enterprise architecture under paragraph (1) shall include the following:

(A)An information infrastructure that will enable the intelligence community to—

(i)comply with all Federal accounting, financial management, and reporting requirements;

(ii)routinely produce timely, accurate, and reliable financial information for management purposes;

(iii)integrate budget, accounting, and program information and systems; and

(iv)provide for the measurement of performance, including the ability to produce timely, relevant, and reliable cost information.

(B)Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community.

(c)The Director of National Intelligence shall be responsible for the entire life cycle of an intelligence community business system transformation, including review, approval, and oversight of the planning, design, acquisition, deployment, operation, and maintenance of the business system transformation.

(d)(1)The Director of the Office of Business Transformation of the Office of the Director of National Intelligence shall establish and implement, not later than 60 days after October 7, 2010, an investment review process for the intelligence community business systems for which the Director of the Office of Business Transformation is responsible.

(2)The investment review process under paragraph (1) shall—

(A)meet the requirements of section 11312 of title 40; and

(B)specifically set forth the responsibilities of the Director of the Office of Business Transformation under such review process.

(3)The investment review process under paragraph (1) shall include the following elements:

(A)Review and approval by an investment review board (consisting of appropriate representatives of the intelligence community) of each intelligence community business system as an investment before the obligation of funds for such system.

(B)Periodic review, but not less often than annually, of every intelligence community business system investment.

(C)Thresholds for levels of review to ensure appropriate review of intelligence community business system investments depending on the scope, complexity, and cost of the system involved.

(D)Procedures for making certifications in accordance with the requirements of subsection (a)(2).

(e)

(f)(1)The Director of National Intelligence shall establish a board within the intelligence community business system transformation governance structure (in this subsection referred to as the “Board”).

(2)The Board shall—

(A)recommend to the Director policies and procedures necessary to effectively integrate all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community;

(B)review and approve any major update of—

(i)the enterprise architecture developed under subsection (b); and

(ii)any plans for an intelligence community business systems modernization;

(C)manage cross-domain integration consistent with such enterprise architecture;

(D)coordinate initiatives for intelligence community business system transformation to maximize benefits and minimize costs for the intelligence community, and periodically report to the Director on the status of efforts to carry out an intelligence community business system transformation;

(E)ensure that funds are obligated for intelligence community business system transformation in a manner consistent with subsection (a); and

(F)carry out such other duties as the Director shall specify.

(g)Nothing in this section shall be construed to alter the requirements of section 8083 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section).

(h)Nothing in this section shall be construed to exempt funds authorized to be appropriated to the Department of Defense from the requirements of section 2222 of title 10 to the extent that such requirements are otherwise applicable.

(i)(1)Executive agency responsibilities in chapter 113 of title 40 for any intelligence community business system transformation shall be exercised jointly by—

(A)the Director of National Intelligence and the Chief Information Officer of the Intelligence Community; and

(B)the head of the executive agency that contains the element of the intelligence community involved and the chief information officer of that executive agency.

(2)The Director of National Intelligence and the head of the executive agency referred to in paragraph (1)(B) shall enter into a Memorandum of Understanding to carry out the requirements of this section in a manner that best meets the needs of the intelligence community and the executive agency.

(j)Not later than March 31 of each of the years 2011 through 2014, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the compliance of the intelligence community with the requirements of this section. Each such report shall—

(1)describe actions taken and proposed for meeting the requirements of subsection (a), including—

(A)specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and

(B)specific actions on the intelligence community business system transformations submitted for certification under such subsection;

(2)identify the number of intelligence community business system transformations that received a certification described in subsection (a)(2); and

(3)describe specific improvements in business operations and cost savings resulting from successful intelligence community business systems transformation efforts.

(k)In this section:

(1)The term “enterprise architecture” has the meaning given that term in section 3601(4) of title 44.

(2)The terms “information system” and “information technology” have the meanings given those terms in section 11101 of title 40.

(3)The term “intelligence community business system” means an information system, including a national security system, that is operated by, for, or on behalf of an element of the intelligence community, including a financial system, mixed system, financial data feeder system, and the business infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and technology, that build upon the core infrastructure used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management.

(4)The term “intelligence community business system transformation” means—

(A)the acquisition or development of a new intelligence community business system; or

(B)any significant modification or enhancement of an existing intelligence community business system (other than necessary to maintain current services).

(5)The term “national security system” has the meaning given that term in section 3542 11 See References in Text note below. of title 44.

(6)The term “Office of Business Transformation of the Office of the Director of National Intelligence” includes any successor office that assumes the functions of the Office of Business Transformation of the Office of the Director of National Intelligence as carried out by the Office of Business Transformation on October 7, 2010.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 8083 of the Department of Defense Appropriations Act, 2005, referred to in subsec. (g), is section 8083 of Pub. L. 108–287, title VIII, Aug. 5, 2004, 118 Stat. 989, which is not classified to the Code. Section 3542 of title 44, referred to in subsec. (k)(5), was repealed by Pub. L. 113–283, § 2(a), Dec. 18, 2014, 128 Stat. 3073. Provisions defining “national security system” are now contained in section 3552 of title 44, as enacted by Pub. L. 113–283. Codification Section was formerly classified to section 415a–6 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2014—Subsec. (j). Pub. L. 113–126 substituted “2014” for “2015” in introductory provisions. 2013—Subsec. (e). Pub. L. 112–277 struck out subsec. (e) which required inclusion of certain budget information in the budget materials submitted to Congress for each fiscal year after fiscal year 2011.

Statutory Notes and Related Subsidiaries

Implementation Pub. L. 111–259, title III, § 322(b), Oct. 7, 2010, 124 Stat. 2673, provided that: “(1) Certain duties.—Not later than 60 days after the date of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence shall designate a chair and other members to serve on the board established under subsection (f) of such section 506D of the National Security Act of 1947 [50 U.S.C. 3100(f)] (as added by subsection (a)). “(2) Enterprise architecture.—“(A) Schedule for development.—The Director shall develop the enterprise architecture required by subsection (b) of such section 506D [50 U.S.C. 3100(b)] (as so added), including the initial Business Enterprise Architecture for business transformation, not later than 60 days after the enactment of this Act. “(B) Requirement for implementation plan.—In developing such an enterprise architecture, the Director shall develop an implementation plan for such enterprise architecture that includes the following:“(i) An acquisition strategy for new systems that are expected to be needed to complete such enterprise architecture, including specific time-phased milestones, performance metrics, and a statement of the financial and nonfinancial resource needs. “(ii) An identification of the intelligence community business systems in operation or planned as of the date that is 60 days after the enactment of this Act that will not be a part of such enterprise architecture, together with the schedule for the phased termination of the utilization of any such systems. “(iii) An identification of the intelligence community business systems in operation or planned as of such date, that will be a part of such enterprise architecture, together with a strategy for modifying such systems to ensure that such systems comply with such enterprise architecture. “(C) Submission of acquisition strategy.—Based on the results of an enterprise process management review and the availability of funds, the Director shall submit the acquisition strategy described in subparagraph (B)(i) to the congressional intelligence committees not later than March 31, 2011.” [For definitions of terms used in section 322(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]

§3100 Intelligence Community Business System Transformation