[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 805

   To reform the information technology systems of the Department of 
                  Agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 1997

 Mr. Lugar (for himself and Mr. Harkin) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To reform the information technology systems of the Department of 
                  Agriculture, and for other purposes.

    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 ``Department of 
Agriculture Information Technology Reform Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Powers and duties of Chief Information Officer.
Sec. 5. Procurement of outside consultants.
Sec. 6. Transfer of agency information technology funds.
Sec. 7. Review by Office of Management and Budget.
Sec. 8. Technical amendment.
Sec. 9. Termination of authority.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Office of Management and Budget estimates that the 
        Department of Agriculture will spend $1,100,000,000, 
        $1,200,000,000, and $1,250,000,000 for fiscal years 1996, 1997, 
        and 1998, respectively, on information technology and automated 
        data processing equipment;
            (2) according to the Department, as of October 1993, the 
        Department had 17 major information technology systems under 
        development with an estimated life-cycle cost of 
        $6,300,000,000;
            (3) over the past decade, committees of Congress, the 
        General Accounting Office, the Office of Management and Budget, 
        and private consultants have repeatedly argued that the 
        Department's information technology decisions have been made in 
        piecemeal fashion, on an individual agency basis, resulting in 
        duplication, a lack of coordination, and wasted financial and 
        technological resources by the offices or agencies of the 
        Department and in hundreds of millions of wasted dollars over 
        the past decade;
            (4) the Department's role in agriculture in the United 
        States was substantially altered by the FAIR Act, although the 
        Department has yet to adequately assess fully the impact the 
        FAIR Act will have on the services the Department provides to 
        its customers;
            (5) decentralized, uncoordinated, and wasteful purchases 
        for information technology have continued at the Department 
        until recently when the Secretary imposed a moratorium on 
        purchases;
            (6) strong central and independent leadership, control, and 
        accountability is essential to coordinating planning and 
        eliminating wasteful purchases;
            (7) the Chief Information Officer should have a subcabinet 
        rank within the Department;
            (8) 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 resources, management goals, and core business 
        process methodology of the Department;
            (9) information technology is a strategic resource for the 
        missions and program activities of the Department;
            (10) consolidating the budgetary authority for information 
        technology purchases is key to eliminating purchases that are 
        conducted in piecemeal fashion, on an individual office or 
        agency of the Department basis, resulting in duplication, a 
        lack of coordination, and wasted financial and technological 
        resources at the Department;
            (11) centralizing the authority and funding 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 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 of 
                the Department and the missions of the Department;
                    (D) ensure that funds will be invested in 
                information technology only after the Chief Information 
                Officer has completed the planning and review of future 
                business requirements of the offices or agencies and 
                developed an information technology architecture that 
                is based on the business requirements; and
                    (E) force 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;
            (12) 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; and
            (13) information resource management should be supported by 
        a senior official of the Department who is committed to using 
        information technology as a process to facilitate the most 
        efficient administration of the program functions of the 
        Department by marshalling the necessary resources and the 
        commitment of high-level managers toward that end.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency information technology funds.--The term ``agency 
        information technology funds'' means 10 percent of the annual 
        fiscal year funds that are made available to each office or 
        agency of the Department for salaries and expenses.
            (2) 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.
            (3) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (4) FAIR act.--The term ``FAIR Act'' means the Federal 
        Agriculture Improvement and Reform Act of 1996 (Public Law 104-
        127).
            (5) Information resource management.--The term 
        ``information resource management'' means the process of 
        managing information resources to accomplish agency missions 
        and to improve agency performance.
            (6) Information resources.--The term ``information 
        resources'' means information and related resources such as 
        personnel, equipment, funds, and information technology 
        systems.
            (7) Information technology architecture.--The term 
        ``information technology architecture'' means an integrated 
        framework for evolving or maintaining existing information 
        technology and acquiring new information technology to achieve 
        the strategic business plans, information resources, management 
        goals, and core business process methodology of the Department.
            (8) Information technology system.--The term ``information 
        technology system'' means a system of automated data processing 
        or telecommunications equipment or software (including support 
        services), information resource management, or business process 
        reengineering of an office or agency of the Department.
            (9) Office or agency of the department.--The term ``office 
        or agency of the Department'' means, as applicable, each 
        current or future--
                    (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 Farm Service Agency; and
                    (D) a group of multiple offices and agencies of the 
                Department that are currently, or will be, connected 
                through common program activities and information 
                technology systems.
            (10) Performance goal.--The term ``performance goal'' means 
        a target level of performance expressed as a tangible, 
        measurable objective, against which actual achievement can be 
        compared, including a goal expressed as a quantitative 
        standard, value, or rate.
            (11) 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.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (13) Transfer or obligation of funds.--The term ``transfer 
        or obligation of funds'' means, as applicable--
                    (A) the transfer of funds (including appropriated 
                funds, mandatory funds, and funds of the Commodity 
                Credit Corporation) from 1 account to another account 
                of an office or agency of the Department for the 
                purpose of investing in an information technology 
                system of an office or agency of the Department that 
                exceeds $250,000 for any 1 order, or aggregation of 
                orders, for the same or similar items and involves 
                planning, providing services, or leasing or purchasing 
                of personal property (including all hardware and 
                software) or services for an information technology 
                system of an office or agency of the Department;
                    (B) the obligation of funds (including appropriated 
                funds, mandatory funds, and funds of the Commodity 
                Credit Corporation) for the purpose of investing in an 
                information technology system of an office or agency of 
                the Department that exceeds $250,000 for any 1 order, 
                or aggregation of orders, for the same or similar items 
                and involves planning, providing services, or leasing 
                or purchasing of personal property (including all 
                hardware and software) or services for an information 
                technology system of an office or agency of the 
                Department; or
                    (C) the obligation of funds (including appropriated 
                funds, mandatory funds, and funds of the Commodity 
                Credit Corporation) for the purpose of investing in an 
                information technology system of an office or agency of 
                the Department that exceeds $250,000 for any 1 order, 
                or aggregation of orders, for the same or similar items 
                and involves planning, providing services, or leasing 
                or purchasing of personal property (including all 
                hardware and software) or services for an information 
                technology system of an office or agency of the 
                Department, to be obtained through a contract with an 
                office or agency of the Federal Government, a State, 
                the District of Columbia, or any person in the private 
                sector.

SEC. 4. POWERS AND DUTIES OF CHIEF INFORMATION OFFICER.

    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.)), 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 following powers 
and duties within the Department:
            (1) Leadership in reorganization and streamlining 
        efforts.--The Chief Information Officer, in cooperation with 
        other persons such as the Chief Financial Officer and the 
        Executive Information Technology Investment Review Board (or 
        its successor), shall provide the strong central leadership, 
        planning, and accountability that is needed in light of the 
        substantial changes created by the FAIR Act and reorganization 
        and downsizing initiatives already commenced within the 
        Department.
            (2) Information technology systems and information resource 
        management.--The Chief Information Officer shall oversee the 
        development, implementation, and maintenance of all information 
        technology systems and information resource management in the 
        Department.
            (3) Department-wide information technology systems.--The 
        Chief Information Officer shall ensure that information 
        technology systems of the Department are designed to coordinate 
        the functions of the offices or agencies of the Department on a 
        Department-wide basis.
            (4) Information technology architecture.--The Chief 
        Information Officer shall establish, and exercise exclusive 
        authority over, an information technical architecture that 
        serves the entire Department based on the strategic business 
        plans, information resources, management goals, and core 
        business process methodology of the Department.
            (5) Coordination of information technology architecture and 
        agency strategic plans.--
                    (A) In general.--The Chief Information Officer 
                shall ensure that the information technology 
                architecture of the Department clearly implements the 
                strategic business plans, and information resource 
                management, of offices or agencies of the Department 
                regarding the needs and goals of program activities of 
                the Department.
                    (B) Goals of the information technology 
                architecture.--The Chief Information Officer shall 
                design and implement an information technology 
                architecture in a manner that ensures that--
                            (i) the information technology system of 
                        each office or agency of the Department 
                        maximizes the effectiveness and efficiency of 
                        mission delivery and information resource 
                        management, and supports core business 
                        processes of the Department;
                            (ii) the information technology system of 
                        each office or agency of the Department 
                        maximizes quality per dollar expended;
                            (iii) maximizes efficiency and coordination 
                        of information technology systems between 
                        offices or agencies of the Department;
                            (iv) planning for, leases, and purchases of 
                        the information technology system of each 
                        office or agency of the Department most 
                        efficiently satisfy the needs of the office or 
                        agency in terms of the customers served, 
                        program characteristics, and employees affected 
                        by the system; and
                            (v) information technology systems of the 
                        Department are designed and managed to 
                        coordinate or consolidate similar functions of 
                        the missions, and offices or agencies of the 
                        Department, on a Department-wide basis.
            (6) Coordination and evaluation of information technology 
        systems of offices and agencies.--The Chief Information Officer 
        shall--
                    (A) monitor the performance of the information 
                technology system of each office or agency of the 
                Department;
                    (B) evaluate the performance of the system on the 
                basis of applicable performance measurements; and
                    (C) advise the head of the office or agency on 
                whether to continue, modify, or terminate the system.
            (7) 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.
            (8) Field service centers.--The Chief Information Officer 
        shall ensure that the information technology architecture of 
        the Department provides for information technology systems that 
        are designed for field service centers--
                    (A) to best facilitate the exchange of information 
                between field service centers and other offices or 
                agencies of the Department;
                    (B) that integrate the operation of all existing 
                information technology systems of the Department to 
                provide a single point of service for program delivery;
                    (C) that integrate the changed missions of the 
                Department in light of the FAIR Act and reorganization 
                and downsizing initiatives of the Department; and
                    (D) that are cost effective.
            (9) Information technology system investments.--
                    (A) In general.--The Chief Information Officer 
                shall have the exclusive authority to approve a 
                transfer or obligation of funds to be used for the 
                purpose of investing in an information technology 
                system of the Department that exceeds $250,000 and that 
                applies to an office or agency of the Department or has 
                a Department-wide impact.
                    (B) Conditions on approval of funding.--The Chief 
                Information Officer shall not approve the transfer or 
                obligation of funds with respect to an office or agency 
                of the Department unless the Chief Information Officer 
                determines that--
                            (i) the information technology architecture 
                        of the Department is complete;
                            (ii) the funds will be transferred or 
                        obligated for an information technology system 
                        that is consistent with, and maximizes the 
                        performance of, the strategic business plans of 
                        the office or agency of the Department and of 
                        the Department;
                            (iii) ongoing projects and other 
                        acquisitions have been reviewed to ensure that 
                        similar requirements, common elements, and 
                        economies of scale are realized; and
                            (iv) in coordination with the Chief 
                        Financial Officer, the strategic business plan 
                        of the office or agency is complete.
                    (C) Capital planning and investment control.--
                Before approving a transfer or obligation of funds for 
                an investment under subparagraph (A), the Chief 
                Information Officer shall consult with the Executive 
                Information Technology Investment Review Board (or its 
                successor) concerning whether the investment--
                            (i) meets the objectives of capital 
                        planning processes for selecting, managing, and 
                        evaluating the results of major investments in 
                        information systems; and
                            (ii) links the affected strategic plan with 
                        the information technology architecture of the 
                        Department.
                    (D) Evaluation of investments.--The Chief 
                Information Officer shall adopt, and have exclusive 
                authority to use, a standard set of criteria to 
                evaluate proposals for information technology system 
                investments that are applicable to individual offices 
                or agencies of the Department or have a Department-wide 
                impact. The criteria adopted shall include 
                considerations of Department-wide or Federal 
                Government-wide impact, visibility, cost, risk, 
                consistency with the information technology 
                architecture, and maximization of performance goals for 
                program activities.
            (10) Use of budget process.--
                    (A) In general.--The Chief Information Officer 
                shall develop, as part of the budget process, a process 
                for analyzing, tracking, and evaluating the risks and 
                results of all major capital investments made by an 
                office or agency of the Department for information 
                systems.
                    (B) Process.--The process shall cover the life of 
                each system and shall include explicit criteria for 
                analyzing the projected and actual costs, benefits, and 
                risks associated with the investments.
                    (C) Control and oversight of budget.--The Chief 
                Information Officer shall exercise exclusive control 
                over the budget of the Office of the Chief Information 
                Officer, including funds appropriated to the Office, 
                and agency information technology funds that are 
                annually transferred to the account of the Chief 
                Information Officer under section 6(a).
            (11) Compliance with omb criteria and oversight.--The Chief 
        Information Officer shall ensure compliance with all criteria 
        for an information technology architecture or information 
        technology investment that are established by the Office of 
        Management and Budget and under the Information Technology 
        Management Reform Act of 1996 (40 U.S.C. 1401 et seq.).
            (12) Evaluation of programs and investments.--
                    (A) Requirement.--The Chief Information Officer, in 
                consultation with the Executive Information Technology 
                Investment Review Board (or its successor), shall 
                evaluate the information resources management practices 
                of the offices or agencies of the Department with 
                respect to the performance and results of the 
                investments made by the offices or agencies in 
                information technology.
                    (B) Direction for action.--The Chief Information 
                Officer shall issue to the head of each office or 
                agency of the Department clear and concise direction 
                that the head of the office or agency shall--
                            (i) establish effective and efficient 
                        capital planning processes for selecting, 
                        managing, and evaluating the results of all of 
                        its major investments in information systems;
                            (ii) determine, before making an investment 
                        in a new information system--
                                    (I) whether the function to be 
                                supported by the system should be 
                                performed by the private sector and, if 
                                so, whether any component of the office 
                                or agency performing that function 
                                should be converted from a governmental 
                                organization to a private sector 
                                organization; or
                                    (II) whether the function should be 
                                performed by the office or agency and, 
                                if so, whether the function should be 
                                performed by a private sector source 
                                under contract or by personnel of the 
                                office or agency;
                            (iii) analyze the missions of the office or 
                        agency and, based on the analysis, revise the 
                        office or agency's mission-related processes 
                        and administrative processes, as appropriate, 
                        before making significant investments in 
                        information technology to be used in support of 
                        those missions; and
                            (iv) ensure that the information security 
                        policies, procedures, and practices are 
                        adequate.
            (13) Reporting.--The Chief Information Officer shall report 
        only to the Secretary.

SEC. 5. PROCUREMENT OF OUTSIDE CONSULTANTS.

    (a) In General.--Consistent with section 3109 of title 5, United 
States Code, the Chief Information Officer may procure a private 
consultant who is an expert in--
            (1) planning and organizing information technologies in the 
        context of a business; and
            (2) coordinating information technologies with core 
        business plans and processes.
    (b) Report.--The Chief Information Officer shall submit the 
evaluation by the consultant to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate.

SEC. 6. TRANSFER OF AGENCY INFORMATION TECHNOLOGY FUNDS.

    (a) In General.--Subject to subsections (b) and (c) and 
notwithstanding any other provision of law, each office or agency of 
the Department shall annually transfer agency information technology 
funds to the account of the Chief Information Officer.
    (b) Use and Availability of Funds.--Agency information technology 
funds that are transferred to the account of the Chief Information 
Officer--
            (1) may be used only for an activity described in section 
        4, 5, or 6 or the Information Technology Management Reform Act 
        of 1996 (40 U.S.C. 1401 et seq.) that the Chief Information 
        Officer determines will best serve the needs of the Department; 
        and
            (2) shall remain available until expended.
    (c) Adjustment of Funds Transferred.--The Secretary may adjust the 
amount of funds transferred by an office or agency under subsection (a) 
to reflect the actual or estimated expenditure of the office or agency 
for information technology systems for a fiscal year.
    (d) Multiple Offices and Agencies.--An office or agency of the 
Department shall not be required to transfer more than 10 percent of 
the funds made available to the office or agency for salaries and 
expenses in any fiscal year to the extent that the office or agency 
participates in a program activity that involves more than 1 office or 
agency of the Department.

SEC. 7. REVIEW BY OFFICE OF MANAGEMENT AND BUDGET.

    The Director of the Office of Management and Budget may review any 
regulation or transfer or obligation of funds involving an information 
technology system of the Department based on criteria for a strategic 
business plan, information technology architecture, or information 
technology investment, established by the Office of Management and 
Budget under 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.).

SEC. 8. 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''.

SEC. 9. TERMINATION OF AUTHORITY.

    The authority under this Act (other than section 8) terminates on 
March 31, 2002.
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