II

105TH CONGRESS

2D SESSION S. 2116

To clarify and enhance the authorities of the Chief Information Officer

of the Department of Agriculture.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1998

Mr. LUGAR introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To clarify and enhance the authorities of the Chief

Information Officer of the Department of Agriculture.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘USDA Information Technology Reform and Year-2000

6 Compliance Act of 1998’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

Sec. 4. Management of year-2000 compliance at Department.

Sec. 5. Position of Chief Information Officer.
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Sec. 6. Duties and authorities of Chief Information Officer.

Sec. 7. Funding approval by Chief Information Officer.

Sec. 8. Availability of agency information technology funds.

Sec. 9. Authority of Chief Information Officer over information technology personnel.

Sec. 10. Annual Comptroller General report on compliance.

Sec. 11. Technical amendment.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) United States agriculture, food safety, the

4 health of plants and animals, the economies of rural

5 communities, international commerce in food, and

6 food aid rely on the Department of Agriculture for

7 the effective and timely administration of program

8 activities essential to their success and vitality;

9 (2) the successful administration of the pro10 gram activities depends on the ability of the Depart11 ment to use information technology in as efficient

12 and effective manner as is technologically feasible;

13 (3) to successfully administer the program ac14 tivities, the Department relies on information tech15 nology that requires comprehensive and Department16 wide overview and control to avoid needless duplica17 tion and misuse of resources;

18 (4) to better ensure the continued success and

19 vitality of agricultural producers and rural commu20 nities, it is imperative that measures are taken with21 in the Department to coordinate and centrally plan
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1 the use of the information technology of the Depart2 ment;

3 (5) because production control and subsidy pro4 grams are ending, agricultural producers of the

5 United States need the best possible information to

6 make decisions that will maximize profits, satisfy

7 consumer demand, and contribute to the alleviation

8 of hunger in the United States and abroad;

9 (6) a single authority for Department-wide

10 planning is needed to ensure that the information

11 technology architecture of the Department is based

12 on the strategic business plans, information tech13 nology, management goals, and core business proc14 ess methodology of the Department;

15 (7) information technology is a strategic re16 source for the missions and program activities of the

17 Department;

18 (8) year-2000 compliance is 1 of the most im19 portant challenges facing the Federal Government

20 and the private sector;

21 (9) because the responsibility for ensuring year22 2000 compliance has been decentralized at the De23 partment, no overall priorities have been established

24 and there is no assurance that the most important
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1 functions of the Department will be operable on

2 January 1, 2000;

3 (10) it is the responsibility of the Chief Infor4 mation Officer to provide leadership in—

5 (A) defining and explaining the importance

6 of achieving year-2000 compliance;

7 (B) selecting the overall approach for

8 structuring the year-2000 compliance efforts of

9 the Department;

10 (C) assessing the ability of the information

11 resource management infrastructures of the De12 partment to adequately support the year-2000

13 compliance efforts; and

14 (D) mobilizing the resources of the Depart15 ment to achieve year-2000 compliance;

16 (11) the failure of the Department to meet the

17 requirement of the Director of the Office of Manage18 ment and Budget that all mission-critical systems of

19 the Department achieve year-2000 compliance would

20 have serious adverse consequences on the program

21 activities of the Department, the economies of rural

22 communities, the health of the people of the United

23 States, world hunger, and international commerce in

24 agricultural commodities and products;
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1 (12) centralizing the approval authority for

2 planning and investment for information technology

3 in the Office of the Chief Information Officer will—

4 (A) provide the Department with strong

5 and coordinated leadership and direction;

6 (B) ensure that the business architecture

7 of an office or agency is based on rigorous core

8 business process methodology;

9 (C) ensure that the information technology

10 architecture of the Department is based on the

11 strategic business plans of the offices or agen12 cies and the missions of the Department;

13 (D) ensure that funds will be invested in

14 information technology only after the Chief In15 formation Officer has determined that—

16 (i) the planning and review of future

17 business requirements of the office or

18 agency are complete; and

19 (ii) the information technology archi20 tecture of the office or agency is based on

21 business requirements; and

22 (E) cause the Department to act as a sin23 gle enterprise with respect to information tech24 nology, thus eliminating the duplication and in-
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1 efficiency associated with a single office- or

2 agency-based approach; and

3 (13) consistent with the Information Tech4 nology Management Reform Act of 1996 (40 U.S.C.

5 1401 et seq.), each office or agency of the Depart6 ment should achieve at least—

7 (A) a 5 percent per year decrease in costs

8 incurred for operation and maintenance of in9 formation technology; and

10 (B) a 5 percent per year increase in oper11 ational efficiency through improvements in in12 formation resource management.

13 (b) PURPOSES.—The purposes of this Act are—

14 (1) to facilitate the successful administration of

15 programs and activities of the Department through

16 the creation of a centralized office, and Chief Infor17 mation Officer position, in the Department to pro18 vide strong and innovative managerial leadership to

19 oversee the planning, funding, acquisition, and man20 agement of information technology and information

21 resource management; and

22 (2) to provide the Chief Information Officer

23 with the authority and funding necessary to correct

24 the year-2000 compliance problem of the Depart25 ment.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) CHIEF INFORMATION OFFICER.—The term

4 ‘‘Chief Information Officer’’ means the individual

5 appointed by the Secretary to serve as Chief Infor6 mation Officer (as established by section 5125 of the

7 Information Technology Management Reform Act of

8 1996 (40 U.S.C. 1425)) for the Department.

9 (2) DEPARTMENT.—The term ‘‘Department’’

10 means the Department of Agriculture.

11 (3) INFORMATION RESOURCE MANAGEMENT.—

12 The term ‘‘information resource management’’

13 means the process of managing information re14 sources to accomplish agency missions and to im15 prove agency performance.

16 (4) INFORMATION TECHNOLOGY.—The term

17 ‘‘information technology’’ means—

18 (A) equipment, such as computers, soft19 ware, and telecommunications hardware; or

20 (B) a system of information resources or21 ganized for the collection, processing, mainte22 nance, transmission, and dissemination of infor23 mation, whether automated or manual, in ac24 cordance with information resource manage25 ment or business process reengineering.
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1 (5) INFORMATION TECHNOLOGY ARCHITEC2 TURE.—The term ‘‘information technology architec3 ture’’ means an integrated framework for developing

4 or maintaining existing information technology, and

5 acquiring new information technology, to achieve or

6 effectively use the strategic business plans, informa7 tion resources, management goals, and core business

8 processes of the Department.

9 (6) OFFICE OR AGENCY.—The term ‘‘office or

10 agency’’ means, as applicable, each—

11 (A) national, regional, county, or local of12 fice or agency of the Department;

13 (B) county committee established under

14 section 8(b)(5) of the Soil Conservation and

15 Domestic Allotment Act (16 U.S.C.

16 590h(b)(5));

17 (C) State committee, State office, or field

18 service center of the Farm Service Agency; and

19 (D) group of multiple offices and agencies

20 of the Department that are, or will be, con21 nected through common program activities or

22 systems of information technology.

23 (7) PROGRAM ACTIVITY.—The term ‘‘program

24 activity’’ means a specific activity or project of a
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1 program that is carried out by 1 or more offices or

2 agencies of the Department.

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Agriculture.

5 (9) TRANSFER OR OBLIGATION OF FUNDS.—

6 The term ‘‘transfer or obligation of funds’’ means,

7 as applicable—

8 (A) the transfer of funds (including appro9 priated funds, mandatory funds, and funds of

10 the Commodity Credit Corporation or any other

11 corporation within the Department) from 1 ac12 count of a fund or office or agency to another

13 account of a fund or office or agency for the

14 purpose of investing in information technology

15 or information resource management involving

16 planning, evaluation, or management, providing

17 services, or leasing or purchasing personal prop18 erty (including all hardware and software) or

19 services;

20 (B) the obligation of funds (including ap21 propriated funds, mandatory funds, and funds

22 of the Commodity Credit Corporation or any

23 other corporation within the Department) for

24 the purpose of investing in information tech25 nology or information resource management in-
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1 volving planning, evaluation, or management,

2 providing services, or leasing or purchasing per3 sonal property (including all hardware and soft4 ware) or services; or

5 (C) the obligation of funds (including ap6 propriated funds, mandatory funds, and funds

7 of the Commodity Credit Corporation) for the

8 purpose of investing in information technology

9 or information resource management involving

10 planning, evaluation, or management, providing

11 services, or leasing or purchasing personal prop12 erty (including all hardware and software) or

13 services, obtained through a contract, coopera14 tive agreement, reciprocal agreement, or any

15 other type of agreement with an agency of the

16 Federal Government, a State, the District of

17 Columbia, or any person in the private sector.

18 (10) YEAR-2000 COMPLIANCE.—The term ‘‘year19 2000 compliance’’, with respect to the Department,

20 means a condition in which information systems are

21 able to accurately process data from and between

22 the 20th and 21st centuries—

23 (A) within the Department;

24 (B) between the Department and local and

25 State governments;
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1 (C) between the Department and the pri2 vate sector;

3 (D) between the Department and foreign

4 governments; and

5 (E) between the Department and the inter6 national private sector.

7 SEC. 4. MANAGEMENT OF YEAR-2000 COMPLIANCE AT DE8 PARTMENT.

9 (a) FINDING.—Congress finds that the Chief Infor10 mation Officer of the Department has not been provided

11 the funding and authority necessary to adequately manage

12 the year-2000 compliance problem at the Department.

13 (b) MANAGEMENT.—The Chief Information Officer

14 shall provide the leadership and innovative management

15 within the Department to—

16 (1) identify, prioritize, and mobilize the re17 sources needed to achieve year-2000 compliance;

18 (2) coordinate the renovation of computer sys19 tems through conversion, replacement, or retirement

20 of the systems;

21 (3) develop verification and validation strategies

22 (within the Department and by independent persons)

23 for converted or replaced computer systems;
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1 (4) develop contingency plans for mission-criti2 cal systems in the event of a year-2000 compliance

3 system failure;

4 (5) coordinate outreach between computer sys5 tems of the Department and computer systems in—

6 (A) the domestic private sector;

7 (B) State and local governments;

8 (C) foreign governments; and

9 (D) the international private sector, such

10 as foreign banks;

11 (6) identify, prioritize, and mobilize the re12 sources needed to correct periodic date problems in

13 computer systems within the Department and be14 tween the Department and outside computer sys15 tems; and

16 (7) during the period beginning on the date of

17 enactment of this Act and ending on June 1, 2000,

18 consult, on a quarterly basis, with the Committee on

19 Agriculture of the House of Representatives and the

20 Committee on Agriculture, Nutrition, and Forestry

21 of the Senate on actions taken to carry out this sec22 tion.

23 (c) FUNDING AND AUTHORITIES.—To carry out sub24 section (b), the Chief Information Officer shall use—
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1 (1) the authorities in sections 7, 8, and 9, par2 ticularly the authority to approve the transfer or ob3 ligation of funds intended for information technology

4 and information resource management; and

5 (2) the transferred funds targeted by offices

6 and agencies for information technology and infor7 mation resource management under section 8.

8 SEC. 5. POSITION OF CHIEF INFORMATION OFFICER.

9 (a) ESTABLISHMENT.—To ensure the highest quality

10 and most efficient planning, acquisition, administration,

11 and management of information technology within the De12 partment, there is established the position of the Chief In13 formation Officer of the Department.

14 (b) CONFIRMATION.—

15 (1) IN GENERAL.—The position of the Chief In16 formation Officer shall be appointed by the Presi17 dent, by and with the advice and consent of the Sen18 ate.

19 (2) SUCCESSION.—An official who is serving as

20 Chief Information Officer on the date of enactment

21 of this Act shall not be required to be reappointed

22 by the President.

23 (c) REPORT.—The Chief Information Officer shall re24 port directly to the Secretary.
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1 (d) POSITION ON EXECUTIVE INFORMATION TECH2 NOLOGY INVESTMENT REVIEW BOARD.—The Chief Infor3 mation Officer shall serve as vice-chairperson of the Exec4 utive Information Technology Investment Review Board

5 (or its successor).

6 SEC. 6. DUTIES AND AUTHORITIES OF CHIEF INFORMATION

7 OFFICER.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law (except the Government Performance and Re10 sults Act of 1993 (Public Law 103–62), amendments

11 made by that Act, and the Information Technology Man12 agement Reform Act of 1996 (40 U.S.C. 1401 et seq.))

13 and policies and procedures of the Department, in addi14 tion to the general authorities provided to the Chief Infor15 mation Officer by section 5125 of the Information Tech16 nology Management Reform Act of 1996 (40 U.S.C.

17 1425), the Chief Information Officer shall have the au18 thorities and duties within the Department provided in

19 this Act.

20 (b) INFORMATION TECHNOLOGY ARCHITECTURE.—

21 (1) IN GENERAL.—To ensure the efficient and

22 effective implementation of program activities of the

23 Department, the Chief Information Officer shall en24 sure that the information technology architecture of

25 the Department, and each office or agency, is based
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1 on the strategic business plans, information re2 sources, goals of information resource management,

3 and core business process methodology of the De4 partment.

5 (2) DESIGN AND IMPLEMENTATION.—The Chief

6 Information Officer shall manage the design and im7 plementation of an information technology architec8 ture for the Department in a manner that ensures

9 that—

10 (A) the information technology systems of

11 each office or agency maximize—

12 (i) the effectiveness and efficiency of

13 program activities of the Department;

14 (ii) quality per dollar expended; and

15 (iii) the efficiency and coordination of

16 information resource management among

17 offices or agencies, including the exchange

18 of information between field service centers

19 of the Department and each office or agen20 cy;

21 (B) the planning, transfer or obligation of

22 funds, and acquisition of information tech23 nology, by each office or agency most efficiently

24 satisfies the needs of the office or agency in

25 terms of the customers served, and program ac-
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1 tivities and employees affected, by the informa2 tion technology; and

3 (C) the information technology of each of4 fice or agency is designed and managed to co5 ordinate or consolidate similar functions of the

6 missions of the Department and offices or agen7 cies, on a Department-wide basis.

8 (3) COMPLIANCE WITH RESULTING ARCHITEC9 TURE.—The Chief Information Officer shall—

10 (A) if determined appropriate by the Chief

11 Information Officer, approve the transfer or ob12 ligation of funds in connection with information

13 technology architecture for an office or agency;

14 and

15 (B) be responsible for the development, ac16 quisition, and implementation of information

17 technology by an office or agency in a manner

18 that—

19 (i) is consistent with the information

20 technology architecture designed under

21 paragraph (2);

22 (ii) results in the most efficient and

23 effective use of information technology of

24 the office or agency; and
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1 (iii) maximizes the efficient delivery

2 and effectiveness of program activities of

3 the Department.

4 (4) FIELD SERVICE CENTERS.—The Chief In5 formation Officer shall ensure that the information

6 technology architecture of the Department facilitates

7 the design, acquisition, and deployment of an open,

8 flexible common computing environment for the field

9 service centers of the Department that—

10 (A) is based on strategic goals, business

11 reengineering, and integrated program delivery;

12 (B) is flexible enough to accommodate and

13 facilitate future business and organizational

14 changes;

15 (C) provides maximum data sharing, inter16 operability, and communications capability with

17 other Department, Federal, and State agencies

18 and customers; and

19 (D) results in significant reductions in an20 nual operating costs.

21 (c) EVALUATION OF PROPOSED INFORMATION TECH22 NOLOGY INVESTMENTS.—

23 (1) IN GENERAL.—In consultation with the Ex24 ecutive Information Technology Investment Review

25 Board (or its successor), the Chief Information Offi-
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1 cer shall adopt criteria to evaluate proposals for in2 formation technology investments that are applicable

3 to individual offices or agencies or are applicable De4 partment-wide.

5 (2) CRITERIA.—The criteria adopted under

6 paragraph (1) shall include consideration of—

7 (A) whether the function to be supported

8 by the investment should be performed by the

9 private sector, negating the need for the invest10 ment;

11 (B) the Department-wide or Government12 wide impacts of the investment;

13 (C) the costs and risks of the investment;

14 (D) the consistency of the investment with

15 the information technology architecture;

16 (E) the interoperability of information

17 technology or information resource management

18 in offices or agencies; and

19 (F) whether the investment maximizes the

20 efficiency and effectiveness of program activities

21 of the Department.

22 (3) EVALUATION OF INFORMATION TECH23 NOLOGY AND INFORMATION RESOURCE MANAGE24 MENT.—
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1 (A) IN GENERAL.—In consultation with

2 the Executive Information Technology Invest3 ment Review Board (or its successor), the Chief

4 Information Officer shall monitor and evaluate

5 the information resource management practices

6 of offices or agencies with respect to the per7 formance and results of the information tech8 nology investments made by the offices or agen9 cies.

10 (B) GUIDELINES FOR EVALUATION.—The

11 Chief Information Officer shall issue Depart12 mental regulations that provide guidelines for—

13 (i) establishing whether the program

14 activity of an office or agency that is pro15 posed to be supported by the information

16 technology investment should be performed

17 by the private sector;

18 (ii)(I) analyzing the program activities

19 of the office or agency and the mission of

20 the office or agency; and

21 (II) based on the analysis, revising the

22 mission-related and administrative proc23 esses of the office or agency, as appro24 priate, before making significant invest25 ments in information technology to be used
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1 in support of the program activities and

2 mission of the office or agency;

3 (iii) establishing effective and efficient

4 capital planning for selecting, managing,

5 and evaluating the results of all major in6 vestments in information technology by the

7 Department;

8 (iv) ensuring compliance with govern9 mental and Department-wide policies, reg10 ulations, standards, and guidelines that re11 late to information technology and infor12 mation resource management;

13 (v) identifying potential information

14 resource management problem areas that

15 could prevent or delay delivery of program

16 activities of the office or agency;

17 (vi) validating that information re18 source management of the office or agency

19 facilitates—

20 (I) strategic goals of the office or

21 agency;

22 (II) the mission of the office or

23 agency; and

24 (III) performance measures es25 tablished by the office or agency; and
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1 (vii) ensuring that the information se2 curity policies, procedures, and practices

3 for the information technology are suffi4 cient.

5 (d) ELECTRONIC FUND TRANSFERS.—The Chief In6 formation Officer shall ensure that the information tech7 nology architecture of the Department complies with the

8 requirement of section 3332 of title 31, United States

9 Code, that certain current, and all future payments after

10 January 1, 1999, be tendered through electronic fund

11 transfer.

12 (e) DEPARTMENTAL REGULATIONS.—The Chief In13 formation Officer shall issue such Departmental regula14 tions as the Chief Information Officer considers necessary

15 to carry out this Act within all offices and agencies.

16 (f) REPORT.—Not later than March 1 of each year

17 through March 1, 2003, the Chief Information Officer

18 shall submit a report to the Committee on Agriculture of

19 the House of Representatives and the Committee on Agri20 culture, Nutrition, and Forestry of the Senate that in21 cludes—

22 (1) an evaluation of the current and future in23 formation technology directions and needs of the De24 partment;

25 (2) an accounting of—
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1 (A) each transfer or obligation of funds,

2 and each outlay of funds, for information tech3 nology or information resource management by

4 each office or agency for the past fiscal year;

5 and

6 (B) each transfer or obligation of funds for

7 information technology or information resource

8 management by each office or agency known or

9 estimated for the current and future fiscal

10 years;

11 (3) a summary of an evaluation of information

12 technology and information resource management

13 applicable Department-wide or to an office or agen14 cy; and

15 (4) a copy of the annual report to the Secretary

16 by the Chief Information Officer that is required by

17 section 5125(c)(3) of the Information Technology

18 Management Reform Act of 1996 (40 U.S.C.

19 1425(c)(3)).

20 (g) OTHER FUNCTIONS OF CHIEF INFORMATION OF21 FICER.—Funds transferred to the Chief Information Offi22 cer under this Act may be used for the salaries and ex23 penses of all personnel and functions of the office of the

24 Chief Information Officer.
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1 SEC. 7. FUNDING APPROVAL BY CHIEF INFORMATION OFFI2 CER.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, an office or agency, without the prior approval

5 of the Chief Information Officer, shall not make a transfer

6 or obligation of funds, or outlay of funds, for information

7 technology or information resource management.

8 (b) DISCRETION OF CHIEF INFORMATION OFFI9 CER.—The Chief Information Officer may, by Depart10 mental regulation, waive the requirement under subsection

11 (a) applicable to the transfer or obligation of funds, or

12 outlay of funds, in an amount not to exceed $25,000, as

13 the Chief Information Officer determines is appropriate

14 for the office or agency.

15 (c) CONDITIONS FOR APPROVAL OF FUNDING.—

16 Under subsection (a), the Chief Information Officer shall

17 not approve the transfer or obligation of funds with re18 spect to an office or agency unless the Chief Information

19 Officer determines that—

20 (1) the proposed transfer or obligation of funds

21 is consistent with the information technology archi22 tecture of the Department;

23 (2) the proposed transfer or obligation of funds

24 for information technology or information resource

25 management is consistent with and maximizes the
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1 achievement of the strategic business plans of the of2 fice or agency;

3 (3) the proposed transfer or obligation of funds

4 is consistent with the strategic business plan of the

5 office or agency; and

6 (4) to the maximum extent practicable, econo7 mies of scale are realized through the proposed

8 transfer or obligation of funds.

9 (d) CONSULTATION WITH EXECUTIVE INFORMATION

10 TECHNOLOGY INVESTMENT REVIEW BOARD.—To the

11 maximum extent practicable, as determined by the Chief

12 Information Officer, prior to approving a transfer or obli13 gation of funds for information technology or information

14 resource management, the Chief Information Officer shall

15 consult with the Executive Information Technology Invest16 ment Review Board (or its successor) concerning whether

17 the investment—

18 (1) meets the objectives of capital planning

19 processes for selecting, managing, and evaluating

20 the results of major investments in information tech21 nology or information resource management; and

22 (2) links the affected strategic plan with the in23 formation technology architecture of the Depart24 ment.
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1 SEC. 8. AVAILABILITY OF AGENCY INFORMATION TECH2 NOLOGY FUNDS.

3 (a) TRANSFER.—

4 (1) IN GENERAL.—At the beginning of each fis5 cal year, the Secretary shall transfer to the appro6 priations account of the Chief Information Officer

7 an amount of funds of an office or agency deter8 mined under paragraph (2).

9 (2) AMOUNT.—

10 (A) IN GENERAL.—Subject to subpara11 graph (B), the amount of funds of an office or

12 agency for a fiscal year transferred under para13 graph (1) shall be not less than 5 percent of the

14 estimated obligations and outlays for that fiscal

15 year by the office or agency for information

16 technology or information resource manage17 ment.

18 (B) ADJUSTMENT.—The Secretary may

19 adjust the amount to be transferred from the

20 funds of an office or agency for a fiscal year to

21 the extent that the estimate for a prior fiscal

22 year was in excess of, or less than, the amount

23 actually expended by the office or agency for in24 formation technology or information resource

25 management.

26 (3) INTERIM TRANSFER OF FUNDS.—
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1 (A) IN GENERAL.—Not later than 10 busi2 ness days after the date of enactment of this

3 Act, the Secretary shall, to the maximum extent

4 practicable, transfer funds to the Chief Infor5 mation Officer under paragraph (1) for fiscal

6 year 1998.

7 (B) PRORATION.—The amount transferred

8 under subparagraph (A) shall be prorated to re9 flect the period remaining in fiscal year 1998 as

10 of the date of enactment of this Act.

11 (b) AVAILABILITY OF FUNDS.—

12 (1) IN GENERAL.—Funds transferred to the ap13 propriations account of the Chief Information Offi14 cer under subsection (a) shall remain available until

15 expended.

16 (2) UNEXPENDED FUNDS.—

17 (A) TRANSFER.—The Chief Information

18 Officer may transfer unexpended funds to an

19 office or agency.

20 (B) USE.—Funds transferred under sub21 paragraph (A) shall only be used for informa22 tion technology or information resource man23 agement.
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1 (c) USE OF FUNDS.—Funds transferred under sub2 section (a) shall be used by the Chief Information Offi3 cer—

4 (1) to carry out the duties and authorities of

5 the Chief Information Officer under—

6 (A) this Act;

7 (B) section 5125 of the Information Tech8 nology Management Reform Act of 1996 (40

9 U.S.C. 1425); and

10 (C) section 3506 of title 44, United States

11 Code;

12 (2) to direct and control the planning, transfer,

13 or obligation of funds, and administration of infor14 mation technology or information resource manage15 ment by an office or agency; or

16 (3) to meet the requirement of the Director of

17 the Office and Management and Budget that all

18 mission-critical systems achieve year-2000 compli19 ance.

20 (d) TERMINATION OF AUTHORITY.—The authority

21 under this section terminates on September 30, 2003.

22 SEC. 9. AUTHORITY OF CHIEF INFORMATION OFFICER

23 OVER INFORMATION TECHNOLOGY PERSON24 NEL.

25 (a) AGENCY CHIEF INFORMATION OFFICERS.—
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1 (1) ESTABLISHMENT.—Subject to the concur2 rence of the Chief Information Officer, the head of

3 each office or agency shall establish within the office

4 or agency the position of Agency Chief Information

5 Officer and shall appoint an individual to that posi6 tion.

7 (2) REPORT.—The Agency Chief Information

8 Officer shall report to the head of the office or agen9 cy.

10 (3) PERFORMANCE REVIEW.—The Chief Infor11 mation Officer shall provide input into the perform12 ance review of an Agency Chief Information Officer.

13 (4) DUTIES.—The Agency Chief Information

14 Officer of an office or agency shall be responsible for

15 carrying out the policies and procedures established

16 by the Chief Information Officer for that office or

17 agency.

18 (b) MANAGERS OF MAJOR INFORMATION TECH19 NOLOGY PROJECTS.—

20 (1) IN GENERAL.—The assignment, and contin21 ued eligibility for the assignment, of an employee of

22 the Department to serve as manager of a major in23 formation technology project (as defined by the

24 Chief Information Officer) of an office or agency,
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1 shall be subject to the approval of the Chief Infor2 mation Officer.

3 (2) PERFORMANCE REVIEW.—The Chief Infor4 mation Officer shall provide input into the perform5 ance review of a manager of a major information

6 technology project.

7 (c) DETAIL AND ASSIGNMENT OF PERSONNEL.—

8 Notwithstanding any other provision of law, an employee

9 of the Department may be detailed to the Office of the

10 Chief Information Officer for a period of more than 30

11 days without reimbursement by the Office of the Chief In12 formation Officer to the office or agency from which the

13 employee is detailed.

14 (d) INFORMATION TECHNOLOGY PROCUREMENT OF15 FICERS.—A procurement officer of an office or agency

16 shall procure information technology for the office or

17 agency in a manner that is consistent with the Depart18 mental regulations issued by the Chief Information Offi19 cer.

20 SEC. 10. ANNUAL COMPTROLLER GENERAL REPORT ON

21 COMPLIANCE.

22 (a) REPORT.—Not later than May 15 of each year

23 through May 15, 2003, in coordination with the Inspector

24 General of the Department, the Comptroller General of

25 the United States shall submit to the Committee on Agri-
30

•S 2116 IS

1 culture of the House of Representatives and the Commit2 tee on Agriculture, Nutrition, and Forestry of the Senate

3 a report evaluating the compliance with this Act in the

4 past fiscal year by the Chief Information Officer and each

5 office or agency.

6 (b) CONTENTS OF REPORT.—Each report shall in7 clude—

8 (1) an audit of the transfer or obligation of

9 funds and outlays by an office or agency for the fis10 cal year;

11 (2) an audit and evaluation of the compliance

12 of the Chief Information Officer with the require13 ments of section 8(c);

14 (3) a review and evaluation of the performance

15 of the Chief Information Officer under this Act; and

16 (4) a review and evaluation of the success of

17 the Department in—

18 (A) creating a Department-wide informa19 tion technology architecture; and

20 (B) complying with the requirement of the

21 Director of the Office of Management and

22 Budget that all mission-critical systems of an

23 office or agency achieve year-2000 compliance.
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1 SEC. 11. TECHNICAL AMENDMENT.

2 Section 13 of the Commodity Credit Corporation

3 Charter Act (15 U.S.C. 714k) is amended in the second

4 sentence by striking ‘‘section 5 or 11’’ and inserting ‘‘sec5 tion 4, 5, or 11’’.

Æ