Pub. L. 106-259, tit. VIII, sec. 8102

Sec. 8102. (a) Registering Information Technology Systems With DOD Chief Information Officer.—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 fund) that is not registered 114 STAT. 697with 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 the current fiscal year, a major automated information system may not receive Milestone I approval, Milestone II approval, or Milestone III approval, or their equivalent, within the Department of Defense until the Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordance with the Clinger-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 Global Information Grid. (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.