[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2116 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2116

_______________________________________________________________________

                                 AN ACT


 
To clarify and enhance the authorities of the Chief Information Officer 
                   of the Department of Agriculture.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USDA Information 
Technology Reform and Year-2000 Compliance Act of 1998''.
    (b) Table of Contents.--The table of contents of 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.
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. Office of Inspector General.
Sec. 12. Technical amendment.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) United States agriculture, food safety, the health of 
        plants and animals, the economies of rural communities, 
        international commerce in food, and food aid rely on the 
        Department of Agriculture for the effective and timely 
        administration of program activities essential to their success 
        and vitality;
            (2) the successful administration of the program activities 
        depends on the ability of the Department to use information 
        technology in as efficient and effective manner as is 
        technologically feasible;
            (3) to successfully administer the program activities, the 
        Department relies on information technology that requires 
        comprehensive and Department-wide overview and control to avoid 
        needless duplication and misuse of resources;
            (4) to better ensure the continued success and vitality of 
        agricultural producers and rural communities, it is imperative 
        that measures are taken within the Department to coordinate and 
        centrally plan the use of the information technology of the 
        Department;
            (5) because production control and subsidy programs are 
        ending, agricultural producers of the United States need the 
        best possible information to make decisions that will maximize 
        profits, satisfy consumer demand, and contribute to the 
        alleviation of hunger in the United States and abroad;
            (6) a single authority for Department-wide planning is 
        needed to ensure that the information technology architecture 
        of the Department is based on the strategic business plans, 
        information technology, management goals, and core business 
        process methodology of the Department;
            (7) information technology is a strategic resource for the 
        missions and program activities of the Department;
            (8) year-2000 compliance is 1 of the most important 
        challenges facing the Federal Government and the private 
        sector;
            (9) because the responsibility for ensuring year-2000 
        compliance at the Department was initially left to individual 
        offices and agencies, no overall priorities have been 
        established, and there is no assurance that the most important 
        functions of the Department will be operable on January 1, 
        2000;
            (10) it is the responsibility of the Chief Information 
        Officer to provide leadership in--
                    (A) defining and explaining the importance of 
                achieving year-2000 compliance;
                    (B) selecting the overall approach for structuring 
                the year-2000 compliance efforts of the Department;
                    (C) assessing the ability of the information 
                resource management infrastructures of the Department 
                to adequately support the year-2000 compliance efforts; 
                and
                    (D) mobilizing the resources of the Department to 
                achieve year-2000 compliance;
            (11) the failure of the Department to meet the requirement 
        of the Director of the Office of Management and Budget that all 
        mission-critical systems of the Department achieve year-2000 
        compliance would have serious adverse consequences on the 
        program activities of the Department, the economies of rural 
        communities, the health of the people of the United States, 
        world hunger, and international commerce in agricultural 
        commodities and products;
            (12) centralizing the approval authority for planning and 
        investment for information technology in the Office of the 
        Chief Information Officer will--
                    (A) provide the Department with strong and 
                coordinated leadership and direction;
                    (B) ensure that the business architecture of an 
                office or agency is based on rigorous core business 
                process methodology;
                    (C) ensure that the information technology 
                architecture of the Department is based on the 
                strategic business plans of the offices or agencies and 
                the missions of the Department;
                    (D) ensure that funds will be invested in 
                information technology only after the Chief Information 
                Officer has determined that--
                            (i) the planning and review of future 
                        business requirements of the office or agency 
                        are complete; and
                            (ii) the information technology 
                        architecture of the office or agency is based 
                        on business requirements and is consistent with 
                        the Department-wide information technology 
                        architecture; and
                    (E) cause the Department to act as a single 
                enterprise with respect to information technology, thus 
                eliminating the duplication and inefficiency associated 
                with a single office- or agency-based approach; and
            (13) consistent with the Information Technology Management 
        Reform Act of 1996 (40 U.S.C. 1401 et seq.), each office or 
        agency of the Department should achieve at least--
                    (A) a 5 percent per year decrease in costs incurred 
                for operation and maintenance of information 
                technology; and
                    (B) a 5 percent per year increase in operational 
                efficiency through improvements in information resource 
                management.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the successful administration of programs 
        and activities of the Department through the creation of a 
        centralized office, and Chief Information Officer position, in 
        the Department to provide strong and innovative managerial 
        leadership to oversee the planning, funding, acquisition, and 
        management of information technology and information resource 
        management; and
            (2) to provide the Chief Information Officer with the 
        authority and funding necessary to correct the year-2000 
        compliance problem of the Department.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Chief information officer.--The term ``Chief 
        Information Officer'' means the individual appointed by the 
        Secretary to serve as Chief Information Officer (as established 
        by section 5125 of the Information Technology Management Reform 
        Act of 1996 (40 U.S.C. 1425)) for the Department.
            (2) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (3) Information resource management.--The term 
        ``information resource management'' means the process of 
        managing information resources to accomplish agency missions 
        and to improve agency performance.
            (4) Information technology.--
                    (A) In general.--The term ``information 
                technology'' means any equipment or interconnected 
                system or subsystem of equipment that is used by an 
                office or agency in the automatic acquisition, storage, 
                manipulation, management, movement, control, display, 
                switching, interchange, transmission, or reception of 
                data or information.
                    (B) Use of equipment.--For purposes of subparagraph 
                (A), equipment is used by an office or agency if the 
                equipment is used by--
                            (i) the office or agency directly; or
                            (ii) a contractor under a contract with the 
                        office or agency--
                                    (I) that requires the use of the 
                                equipment; or
                                    (II) to a significant extent, that 
                                requires the use of the equipment in 
                                the performance of a service or the 
                                furnishing of a product.
                    (C) Inclusions.--The term ``information 
                technology'' includes computers, ancillary equipment, 
                software, firmware and similar procedures, services 
                (including support services), and related resources.
                    (D) Exclusions.--The term ``information 
                technology'' does not include any equipment that is 
                acquired by a Federal contractor that is incidental to 
                a Federal contract.
            (5) Information technology architecture.--The term 
        ``information technology architecture'' means an integrated 
        framework for developing or maintaining existing information 
        technology, and acquiring new information technology, to 
        achieve or effectively use the strategic business plans, 
        information resources, management goals, and core business 
        processes of the Department.
            (6) Office or agency.--The term ``office or agency'' means, 
        as applicable, each--
                    (A) national, regional, county, or local office or 
                agency of the Department;
                    (B) county committee established under section 
                8(b)(5) of the Soil Conservation and Domestic Allotment 
                Act (16 U.S.C. 590h(b)(5));
                    (C) State committee, State office, or field service 
                center of the Department; and
                    (D) group of multiple offices and agencies of the 
                Department that are, or will be, connected through 
                common program activities or systems of information 
                technology.
            (7) Program activity.--The term ``program activity'' means 
        a specific activity or project of a program that is carried out 
        by 1 or more offices or agencies of the Department.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Year-2000 compliance.--The term ``year-2000 
        compliance'', with respect to the Department, means a condition 
        in which information systems are able to accurately process 
        data relating to the 20th and 21st centuries--
                    (A) within the Department;
                    (B) between the Department and local and State 
                governments;
                    (C) between the Department and the private sector;
                    (D) between the Department and foreign governments; 
                and
                    (E) between the Department and the international 
                private sector.

SEC. 4. MANAGEMENT OF YEAR-2000 COMPLIANCE AT DEPARTMENT.

    (a) Finding.--Congress finds that the Chief Information Officer of 
the Department has not been provided the funding and authority 
necessary to adequately manage the year-2000 compliance problem at the 
Department.
    (b) Management.--The Chief Information Officer shall provide the 
leadership and innovative management within the Department to--
            (1) identify, prioritize, and mobilize the resources needed 
        to achieve year-2000 compliance;
            (2) coordinate the renovation of computer systems through 
        conversion, replacement, or retirement of the systems;
            (3) develop verification and validation strategies (within 
        the Department and by independent persons) for converted or 
        replaced computer systems;
            (4) develop contingency plans for mission-critical systems 
        in the event of a year-2000 compliance system failure;
            (5) coordinate outreach between computer systems of the 
        Department and computer systems in--
                    (A) the domestic private sector;
                    (B) State and local governments;
                    (C) foreign governments; and
                    (D) the international private sector, such as 
                foreign banks;
            (6) identify, prioritize, and mobilize the resources needed 
        to correct periodic date problems in computer systems within 
        the Department and between the Department and outside computer 
        systems; and
            (7) during the period beginning on the date of enactment of 
        this Act and ending on June 1, 2000, consult, on a quarterly 
        basis, with the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate on actions taken to carry out this 
        section.
    (c) Funding and Authorities.--To carry out subsection (b), the 
Chief Information Officer shall use--
            (1) the authorities in sections 7, 8, and 9, particularly 
        the authority to approve the transfer or obligation of funds 
        described in section 7(a) intended for information technology 
        and information resource management; and
            (2) the transferred funds targeted by offices and agencies 
        for information technology and information resource management 
        under section 8.

SEC. 5. POSITION OF CHIEF INFORMATION OFFICER.

    (a) Establishment.--To ensure the highest quality and most 
efficient planning, acquisition, administration, and management of 
information technology within the Department, there is established the 
position of the Chief Information Officer of the Department.
    (b) Confirmation.--
            (1) In general.--The position of the Chief Information 
        Officer shall be appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Succession.--An official who is serving as Chief 
        Information Officer on the date of enactment of this Act shall 
        not be required to be reappointed by the President.
    (c) Report.--The Chief Information Officer shall report directly to 
the Secretary.
    (d) Position on Executive Information Technology Investment Review 
Board.--The Chief Information Officer shall serve as an officer of the 
Executive Information Technology Investment Review Board (or its 
successor).

SEC. 6. DUTIES AND AUTHORITIES OF CHIEF INFORMATION OFFICER.

    (a) In General.--Notwithstanding any other provision of law (except 
the Government Performance and Results Act of 1993 (Public Law 103-62), 
amendments made by that Act, and the Information Technology Management 
Reform Act of 1996 (40 U.S.C. 1401 et seq.)) and policies and 
procedures of the Department, in addition to the general authorities 
provided to the Chief Information Officer by section 5125 of the 
Information Technology Management Reform Act of 1996 (40 U.S.C. 1425), 
the Chief Information Officer shall have the authorities and duties 
within the Department provided in this Act.
    (b) Information Technology Architecture.--
            (1) In general.--To ensure the efficient and effective 
        implementation of program activities of the Department, the 
        Chief Information Officer shall ensure that the information 
        technology architecture of the Department, and each office or 
        agency, is based on the strategic business plans, information 
        resources, goals of information resource management, and core 
        business process methodology of the Department.
            (2) Design and implementation.--The Chief Information 
        Officer shall manage the design and implementation of an 
        information technology architecture for the Department in a 
        manner that ensures that--
                    (A) the information technology systems of each 
                office or agency maximize--
                            (i) the effectiveness and efficiency of 
                        program activities of the Department;
                            (ii) quality per dollar expended; and
                            (iii) the efficiency and coordination of 
                        information resource management among offices 
                        or agencies, including the exchange of 
                        information between field service centers of 
                        the Department and each office or agency;
                    (B) the planning, transfer or obligation of funds 
                described in section 7(a), and acquisition of 
                information technology, by each office or agency most 
                efficiently satisfies the needs of the office or agency 
                in terms of the customers served, and program 
                activities and employees affected, by the information 
                technology; and
                    (C) the information technology of each office or 
                agency is designed and managed to coordinate or 
                consolidate similar functions of the missions of the 
                Department and offices or agencies, on a Department-
                wide basis.
            (3) Compliance with resulting architecture.--The Chief 
        Information Officer shall--
                    (A) if determined appropriate by the Chief 
                Information Officer, approve the transfer or obligation 
                of funds described in section 7(a) in connection with 
                information technology architecture for an office or 
                agency; and
                    (B) be responsible for the development, 
                acquisition, and implementation of information 
                technology by an office or agency in a manner that--
                            (i) is consistent with the information 
                        technology architecture designed under 
                        paragraph (2);
                            (ii) results in the most efficient and 
                        effective use of information technology of the 
                        office or agency; and
                            (iii) maximizes the efficient delivery and 
                        effectiveness of program activities of the 
                        Department.
            (4) Field service centers.--The Chief Information Officer 
        shall ensure that the information technology architecture of 
        the Department facilitates the design, acquisition, and 
        deployment of an open, flexible common computing environment 
        for the field service centers of the Department that--
                    (A) is based on strategic goals, business 
                reengineering, and integrated program delivery;
                    (B) is flexible enough to accommodate and 
                facilitate future business and organizational changes;
                    (C) provides maximum data sharing, 
                interoperability, and communications capability with 
                other Department, Federal, and State agencies and 
                customers; and
                    (D) results in significant reductions in annual 
                operating costs.
    (c) Evaluation of Proposed Information Technology Investments.--
            (1) In general.--In consultation with the Executive 
        Information Technology Investment Review Board (or its 
        successor), the Chief Information Officer shall adopt criteria 
        to evaluate proposals for information technology investments 
        that are applicable to individual offices or agencies or are 
        applicable Department-wide.
            (2) Criteria.--The criteria adopted under paragraph (1) 
        shall include consideration of--
                    (A) whether the function to be supported by the 
                investment should be performed by the private sector, 
                negating the need for the investment;
                    (B) the Department-wide or Government-wide impacts 
                of the investment;
                    (C) the costs and risks of the investment;
                    (D) the consistency of the investment with the 
                information technology architecture;
                    (E) the interoperability of information technology 
                or information resource management in offices or 
                agencies; and
                    (F) whether the investment maximizes the efficiency 
                and effectiveness of program activities of the 
                Department.
            (3) Evaluation of information technology and information 
        resource management.--
                    (A) In general.--In consultation with the Executive 
                Information Technology Investment Review Board (or its 
                successor), the Chief Information Officer shall monitor 
                and evaluate the information resource management 
                practices of offices or agencies with respect to the 
                performance and results of the information technology 
                investments made by the offices or agencies.
                    (B) Guidelines for evaluation.--The Chief 
                Information Officer shall issue Departmental 
                regulations that provide guidelines for--
                            (i) establishing whether the program 
                        activity of an office or agency that is 
                        proposed to be supported by the information 
                        technology investment should be performed by 
                        the private sector;
                            (ii)(I) analyzing the program activities of 
                        the office or agency and the mission of the 
                        office or agency; and
                            (II) based on the analysis, revising the 
                        mission-related and administrative processes of 
                        the office or agency, as appropriate, before 
                        making significant investments in information 
                        technology to be used in support of the program 
                        activities and mission of the office or agency;
                            (iii) establishing effective and efficient 
                        capital planning for selecting, managing, and 
                        evaluating the results of all major investments 
                        in information technology by the Department;
                            (iv) ensuring compliance with governmental 
                        and Department-wide policies, regulations, 
                        standards, and guidelines that relate to 
                        information technology and information resource 
                        management;
                            (v) identifying potential information 
                        resource management problem areas that could 
                        prevent or delay delivery of program activities 
                        of the office or agency;
                            (vi) validating that information resource 
                        management of the office or agency 
                        facilitates--
                                    (I) strategic goals of the office 
                                or agency;
                                    (II) the mission of the office or 
                                agency; and
                                    (III) performance measures 
                                established by the office or agency; 
                                and
                            (vii) ensuring that the information 
                        security policies, procedures, and practices 
                        for the information technology are sufficient.
    (d) Electronic Fund Transfers.--The Chief Information Officer shall 
ensure that the information technology architecture of the Department 
complies with the requirement of section 3332 of title 31, United 
States Code, that certain current, and all future payments after 
January 1, 1999, be tendered through electronic fund transfer.
    (e) Departmental Regulations.--The Chief Information Officer shall 
issue such Departmental regulations as the Chief Information Officer 
considers necessary to carry out this Act within all offices and 
agencies.
    (f) Report.--Not later than March 1 of each year through March 1, 
2003, the Chief Information Officer shall submit a report to the 
Committee on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate that 
includes--
            (1) an evaluation of the current and future information 
        technology directions and needs of the Department;
            (2) an accounting of--
                    (A) each transfer or obligation of funds described 
                in section 7(a), and each outlay of funds, for 
                information technology or information resource 
                management by each office or agency for the past fiscal 
                year; and
                    (B) each transfer or obligation of funds described 
                in section 7(a) for information technology or 
                information resource management by each office or 
                agency known or estimated for the current and future 
                fiscal years;
            (3) a summary of an evaluation of information technology 
        and information resource management applicable Department-wide 
        or to an office or agency; and
            (4) a copy of the annual report to the Secretary by the 
        Chief Information Officer that is required by section 
        5125(c)(3) of the Information Technology Management Reform Act 
        of 1996 (40 U.S.C. 1425(c)(3)).

SEC. 7. FUNDING APPROVAL BY CHIEF INFORMATION OFFICER.

    (a) In General.--Notwithstanding any other provision of law, an 
office or agency, without the prior approval of the Chief Information 
Officer, shall not--
            (1) transfer funds (including appropriated funds, mandatory 
        funds, and funds of the Commodity Credit Corporation or any 
        other corporation within the Department) from 1 account of a 
        fund or office or agency to another account of a fund or office 
        or agency for the purpose of investing in information 
        technology or information resource management involving 
        planning, evaluation, or management, providing services, or 
        leasing or purchasing personal property (including all hardware 
        and software) or services;
            (2) obligate funds (including appropriated funds, mandatory 
        funds, and funds of the Commodity Credit Corporation or any 
        other corporation within the Department) for the purpose of 
        investing in information technology or information resource 
        management involving planning, evaluation, or management, 
        providing services, or leasing or purchasing personal property 
        (including all hardware and software) or services; or
            (3) obligate funds (including appropriated funds, mandatory 
        funds, and funds of the Commodity Credit Corporation) for the 
        purpose of investing in information technology or information 
        resource management involving planning, evaluation, or 
        management, providing services, or leasing or purchasing 
        personal property (including all hardware and software) or 
        services, obtained through a contract, cooperative agreement, 
        reciprocal agreement, or any other type of agreement with an 
        agency of the Federal Government, a State, the District of 
        Columbia, or any person in the private sector.
    (b) Discretion of Chief Information Officer.--The Chief Information 
Officer may, by Departmental regulation, waive the requirement under 
subsection (a) applicable to, as the Chief Information Officer 
determines is appropriate for the office or agency--
            (1) the transfer or obligation of funds described in 
        subsection (a) in an amount not to exceed $200,000; or
            (2) a specific class or category of information technology.
    (c) Conditions for Approval of Funding.--Under subsection (a), the 
Chief Information Officer shall not approve the transfer or obligation 
of funds described in subsection (a) with respect to an office or 
agency unless the Chief Information Officer determines that--
            (1) the proposed transfer or obligation of funds described 
        in subsection (a) is consistent with the information technology 
        architecture of the Department;
            (2) the proposed transfer or obligation of funds described 
        in subsection (a) for information technology or information 
        resource management is consistent with and maximizes the 
        achievement of the strategic business plans of the office or 
        agency;
            (3) the proposed transfer or obligation of funds described 
        in subsection (a) is consistent with the strategic business 
        plan of the office or agency; and
            (4) to the maximum extent practicable, economies of scale 
        are realized through the proposed transfer or obligation of 
        funds described in subsection (a).
    (d) Consultation With Executive Information Technology Investment 
Review Board.--To the maximum extent practicable, as determined by the 
Chief Information Officer, prior to approving a transfer or obligation 
of funds described in subsection (a) for information technology or 
information resource management, the Chief Information Officer shall 
consult with the Executive Information Technology Investment Review 
Board (or its successor) concerning whether the investment--
            (1) meets the objectives of capital planning processes for 
        selecting, managing, and evaluating the results of major 
        investments in information technology or information resource 
        management; and
            (2) links the affected strategic plan with the information 
        technology architecture of the Department.

SEC. 8. AVAILABILITY OF AGENCY INFORMATION TECHNOLOGY FUNDS.

    (a) Transfer.--
            (1) In general.--At the beginning of each fiscal year, the 
        Secretary shall transfer to the appropriations account of the 
        Chief Information Officer an amount of funds of an office or 
        agency determined under paragraph (2).
            (2) Amount.--
                    (A) In general.--Subject to subparagraph (B), the 
                amount of funds of an office or agency for a fiscal 
                year transferred under paragraph (1) may be up to 10 
                percent of the discretionary funds made available for 
                that fiscal year by the office or agency for 
                information technology or information resource 
                management.
                    (B) Adjustment.--The Secretary may adjust the 
                amount to be transferred from the funds of an office or 
                agency for a fiscal year to the extent that the 
                estimate for a prior fiscal year was in excess of, or 
                less than, the amount actually expended by the office 
                or agency for information technology or information 
                resource management.
    (b) Availability of Funds.--
            (1) Transfer.--The Chief Information Officer may transfer 
        unexpended funds to an office or agency.
            (2) Use.--Funds transferred under paragraph (1) shall only 
        be used for information technology or information resource 
        management.
    (c) Use of Funds.--Funds transferred under subsection (a) shall be 
used by the Chief Information Officer--
            (1) to carry out the duties and authorities of the Chief 
        Information Officer under--
                    (A) this Act;
                    (B) section 5125 of the Information Technology 
                Management Reform Act of 1996 (40 U.S.C. 1425); and
                    (C) section 3506 of title 44, United States Code;
            (2) to direct and control the planning, transfer or 
        obligation of funds described in section 7(a), and 
        administration of information technology or information 
        resource management by an office or agency;
            (3) to meet the requirement of the Director of the Office 
        and Management and Budget that all mission-critical systems 
        achieve year-2000 compliance; or
            (4) to pay the salaries and expenses of all personnel and 
        functions of the office of the Chief Information Officer.
    (d) Termination of Authority.--The authority under this section 
terminates on September 30, 2003.

SEC. 9. AUTHORITY OF CHIEF INFORMATION OFFICER OVER INFORMATION 
              TECHNOLOGY PERSONNEL.

    (a) Agency Chief Information Officers.--
            (1) Establishment.--Subject to the concurrence of the Chief 
        Information Officer, the head of each office or agency shall 
        establish within the office or agency the position of Agency 
        Chief Information Officer and shall appoint an individual to 
        that position.
            (2) Relationship to head of office or agency.--The Agency 
        Chief Information Officer shall--
                    (A) report to the head of the office or agency; and
                    (B) regularly update the head of the office or 
                agency on the status of year-2000 compliance and other 
                significant information technology issues.
            (3) Performance review.--The Chief Information Officer 
        shall--
                    (A) provide input for the performance review of an 
                Agency Chief Information Officer of an office or 
                agency;
                    (B) annually review and assess the information 
                technology functions of the office or agency; and
                    (C) provide a report on the review and assessment 
                to the Under Secretary or Assistant Secretary for the 
                office or agency.
            (4) Duties.--The Agency Chief Information Officer of an 
        office or agency shall be responsible for carrying out the 
        policies and procedures established by the Chief Information 
        Officer for that office or agency, the Administrator for the 
        office or agency, and the Under Secretary or Assistant 
        Secretary for the office or agency.
    (b) Managers of Major Information Technology Projects.--
            (1) In general.--The assignment, and continued eligibility 
        for the assignment, of an employee of the Department to serve 
        as manager of a major information technology project (as 
        defined by the Chief Information Officer) of an office or 
        agency, shall be subject to the approval of the Chief 
        Information Officer.
            (2) Performance review.--The Chief Information Officer 
        shall provide input into the performance review of a manager of 
        a major information technology project.
    (c) Detail and Assignment of Personnel.--Notwithstanding any other 
provision of law, an employee of the Department may be detailed to the 
Office of the Chief Information Officer for a period of more than 30 
days without reimbursement by the Office of the Chief Information 
Officer to the office or agency from which the employee is detailed.
    (d) Information Technology Procurement Officers.--A procurement 
officer of an office or agency shall procure information technology for 
the office or agency in a manner that is consistent with the 
Departmental regulations issued by the Chief Information Officer.

SEC. 10. ANNUAL COMPTROLLER GENERAL REPORT ON COMPLIANCE.

    (a) Report.--Not later than May 15 of each year through May 15, 
2003, in coordination with the Inspector General of the Department, the 
Comptroller General of the United States shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report evaluating 
the compliance with this Act in the past fiscal year by the Chief 
Information Officer and each office or agency.
    (b) Contents of Report.--Each report shall include--
            (1) an audit of the transfer or obligation of funds 
        described in section 7(a) and outlays by an office or agency 
        for the fiscal year;
            (2) an audit and evaluation of the compliance of the Chief 
        Information Officer with the requirements of section 8(c);
            (3) a review and evaluation of the performance of the Chief 
        Information Officer under this Act; and
            (4) a review and evaluation of the success of the 
        Department in--
                    (A) creating a Department-wide information 
                technology architecture; and
                    (B) complying with the requirement of the Director 
                of the Office of Management and Budget that all 
                mission-critical systems of an office or agency achieve 
                year-2000 compliance.

SEC. 11. OFFICE OF INSPECTOR GENERAL.

    (a) In General.--The Office of Inspector General of the Department 
shall be exempt from the requirements of this Act.
    (b) Report.--The Inspector General of the Department shall 
semiannually submit a report to the Committee on Agriculture and the 
Committee on Government Reform and Oversight of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate on the progress of the Office of Inspector 
General regarding--
            (1) year-2000 compliance; and
            (2) the establishment of an information technology 
        architecture for the Office of Inspector General of the 
        Department.

SEC. 12. TECHNICAL AMENDMENT.

    Section 13 of the Commodity Credit Corporation Charter Act (15 
U.S.C. 714k) is amended in the second sentence by striking ``section 5 
or 11'' and inserting ``section 4, 5, or 11''.

            Passed the Senate October 12 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2116

_______________________________________________________________________

                                 AN ACT

To clarify and enhance the authorities of the Chief Information Officer 
                   of the Department of Agriculture.