40 U.S.C. § 11319 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11319. Resources, planning, and portfolio management
(a) Definitions.—
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) Additional Authorities for Chief Information Officers.—
(1) Planning, programming, budgeting, and execution authorities for cios.—
(A) In general.—
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) Budget formulation.—
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) Review.—
(i) In general.—
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) Delegation.—
(I) In general.—
Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.
(II) Non-major information technology investments.—
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) Personnel-related authority.—
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) Limitation.—
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) Information Technology Portfolio, Program, and Resource Reviews.—
(1) Process.—
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) Metrics and performance indicators.—
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) Annual review.—
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) Applicability to the department of defense.—
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 Deputy 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, Technology, and Logistics, 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) Quarterly reports.—
(A) In general.—
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) Inclusion in other reports.—
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).
(Added and amended Pub. L. 113–291, div. A, title VIII, §§ 831(a), 833, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3438, 3442, 3469; Pub. L. 115–88, § 3, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, § 819(b), title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1464, 1597.)
heading: Reference in Subsection (c)(4)
text: Pub. L. 113–291, div. A, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3469, provided that, effective after Feb. 1, 2017, any reference to the Deputy Chief Management Officer of the Department of Defense shall be deemed to refer to the Under Secretary of Defense for Business Management and Information. Provision was not given effect to reflect the probable intent of Congress. See Change of Name note below.
heading: Amendments
text: 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.
heading: Change of Name
text: Reference to “Deputy Chief Management Officer of the Department of Defense” in subsec. (c)(4) was to be deemed to refer to “Under Secretary of Defense for Business Management and Information” after Feb. 1, 2017, pursuant to section 901(n)(1) of Pub. L. 113–291, formerly set out as a References note under section 131 of Title 10, Armed Forces. Section 901(a)(1) of Pub. L. 113–291, which amended section 132a of Title 10, effective Feb. 1, 2017, to establish the Under Secretary of Defense for Business Management and Information, was repealed by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342, effective Dec. 23, 2016. Section 901(n)(1) of Pub. L. 113–291 was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1597, effective Dec. 23, 2016.