Page:United States Statutes at Large Volume 113 Part 2.djvu/241

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PUBLIC LAW 106-79—OCT. 25, 1999 113 STAT. 1261 SEC. 8121. (a) REGISTERING INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFiCER.After March 31, 2000, none of the funds appropriated in this Act may be used for a mission critical or mission essential information technology system (including a system funded by the defense working capital fluid) that is not registered with the Chief Information Officer of the Department of Defense. A system shall be considered to be registered with that officer upon the furnishing to that officer of notice of the system, together with such information concerning the system as the Secretary of Defense may prescribe. An information technology system shall be considered a mission critical or mission essential information technology system as defined by the Secretary of Defense. (b) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN ACT.^1) During fiscal year 2000, a major automated information system may not receive Milestone I approved. Milestone II approval, or Milestone III approval within the Department of Defense until the Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordeuice with the CHnger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may require additional certifications, as appropriate, with respect to any such system. (2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications under paragraph (1). Each such notification shall include, at a minimum, the funding baseline and milestone schedule for each system covered by such a certification and confirmation that the following steps have been taken with respect to the system: (A) Business process reengineering. (B) An analysis of alternatives. (C) An economic analysis that includes a calculation of the return on investment. (D) Performance measures. (E) An information assurance strategy consistent with the Department's Command, Control, Communications, Computers, Intelligence, Surveillance, and Reconngussance (C4ISR) Architecture Framework. (c) DEFINITIONS. —For purposes of this section: (1) The term "Chief Information Officer" means the senior official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United States Code. (2) The term "information technology system" has the meaning given the term "information technology" in section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). (3) The term "major automated information system" has the meaning given that term in Department of Defense Directive 5000.1. SEC. 8122. Diuing the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another depeui^ment or agency of the United States if such department or agency is more than 90 days in arreeu^s in making pa3anent to the Department of Defense for goods or services previously provided to such department or agency on a reimbiu*sable basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing