[Congressional Record Volume 145, Number 63 (Tuesday, May 4, 1999)]
[Senate]
[Pages S4665-S4669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself, Mr. Fitzgerald, and Mr. Feingold):
  S. 949. A bill to clarify and enhance the authorities of the Chief 
Information Officer of the Department of Agriculture; to the Committee 
on Agriculture, Nutrition, and Forestry.


the usda information technology reform and year-2000 compliance act of 
                                  1999

  Mr. LUGAR. Mr. President, today I rise to introduce the USDA 
Information Technology Reform and Year-2000 Compliance Act of 1999. 
This legislation aims to centralize all year 2000 computer conversion 
and other information technology acquisition and management activities 
within the Office of the Chief Information Office of the Department of 
Agriculture. Centralization is the most efficient way to manage the 
complex and important task of ensuring that all critical computer 
functions at the department are operational on January 1, 2000. It is 
also a wiser and more cost-effective way to construct an information 
technology infrastructure to enable USDA's hundreds of computer systems 
to interoperate, which unfortunately they cannot now do.
  The Department of Agriculture is charged with enormous 
responsibilities and its year 2000 readiness is crucial. It has a 
diverse portfolio of over 200 Federal programs throughout the Nation 
and the world. The department delivers about $80 billion in programs. 
It is the fourth largest Federal agency, with 31 agencies and offices. 
The department is responsible for the safety of our food supply, 
nutrition programs that serve the poor, young and old, and the 
protection of our natural resources. Since more than 40 percent of the 
non-tax debt owed to the Federal Government is owed to USDA, the 
department has a responsibility to ensure the financial soundness of 
taxpayers' investments.
  Responsibility for keeping the mission-critical information 
technology functioning should clearly rest with the Chief Information 
Officer. The decentralized approach to the year 2000 issue at USDA led 
to a lack of focus on departmental priorities. Each agency was allowed 
to determine what services, programs, and activities it deemed 
important enough to be operational at the end of the millennium. This 
decentralized approach also led to a lack of guidance, oversight and 
the development of contingency plans. Efforts to rectify this situation 
are well underway. I am pleased that Secretary of Agriculture Glickman 
has pledged his personal commitment to the success of year 2000 
compliance and has made it one of the highest priorities for USDA.
  In fiscal year 1999, USDA plans to spend more than $1.2 billion on 
information technology and related information resources management 
activities, including year 2000 computer compliance. The General 
Accounting Office has chronicled USDA's long history of problems in 
managing its substantial information technology investments. The GAO 
reports that such ineffective planning and management have resulted in 
USDA's wasting millions of dollars on computer systems.
  Last year, I introduced S. 2116, a bill to reform the information 
technology systems of the Department of Agriculture. It gave the Chief 
Information Officer control over the planning, development, and 
acquisition of information technology at the department. Introduction 
of that bill and similar legislation in 1997 prompted some coordination 
of information technology among the department's agencies and offices. 
However, component agencies are still allowed to independently acquire 
and manage information technology investments solely on the basis of 
their own parochial interests or needs. This legislation is needed to 
strengthen that coordination and ensure that centralized information 
technology management continues in the future.
  This legislation further requires that the Chief Information Officer 
manage the design and implementation of an information technology 
architecture based on strategic business plans that maximizes the 
effectiveness and efficiency of USDA's program activities. Included in 
the bill is authority for the Chief Information Officer to approve 
expenditures for information resources and for year 2000 compliance 
purposes, except for minor acquisitions. To accomplish these purposes, 
the bill requires that each agency transfer up to 10 percent of its 
information technology budget to the Chief Information Officer's 
control.
  The bill makes the Chief Information Officer responsible for ensuring 
that the information technology architecture facilitates a flexible 
common computing environment for the field service centers based on 
integrated program delivery. The architecture will also provide maximum 
data sharing with USDA customers and other Federal and state agencies, 
which is expected to result in a significant reduction in operating 
costs.
  Mr. President, this is a bill whose time has come. Unfortunately, 
USDA's problems in managing information technology are not unusual 
among Government agencies, according to the General Accounting Office. 
I commend the attention of my colleagues to this bill designed to 
address a portion of the information resource management problems of 
the Federal Government and ask for their support of it.
  Mr. President, I ask that the full text and a summary of the bill be 
printed in the Record.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                 S. 949

       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 
     1999''.
       (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

[[Page S4666]]

     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, 2001, 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.

[[Page S4667]]

     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

[[Page S4668]]

       (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.--Not later than December 1 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.--Not later than September 30 of each fiscal 
     year, the Secretary shall adjust the amount to be transferred 
     from the funds of an office or agency for the fiscal year to 
     the extent that the estimate for the 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) 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.
       (c) Availability of Funds.--The Chief Information Officer 
     shall transfer unexpended funds at the end of a fiscal year 
     to the office or agency that made the funds available under 
     subsection (a), to remain available until expended.
       (d) No Reduction of Employees of Offices or Agencies.--A 
     transfer of funds under subsection (a) shall not result in a 
     reduction in the number of employees in an office or agency.
       (e) Termination of Authority.--The authority under this 
     section terminates on September 30, 2004.

     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''.
                                  ____


    Summary of the USDA Information Technology Reform and Year 2000 
                         Compliance Act of 1999

       The bill:
       Requires the Chief Information Officer to manage the design 
     and implementation of an information technology architecture, 
     based on strategic business plans, that maximizes the 
     effectiveness and efficiency of USDA's program activities;
       requires the Chief Information Officer to approve or 
     disapprove all expenditures for information resources, and 
     allows the Chief Information Officer to waive this authority 
     for expenditures under $200,000;
       permits the Secretary of Agriculture to transfer to the 
     Chief Information Officer up to ten percent of each agency's 
     information technology funds for year 2000 compliance, 
     information technology acquisition or information resource 
     management (this authority expires in 2003);
       requires the Secretary of Agriculture to ensure the 
     transfer of information technology funds does not result in a 
     reduction in the number of employees in an agency;
       requires the Chief Information Officer to manage the year 
     2000 computing crisis

[[Page S4669]]

     throughout USDA agencies, between USDA and other federal, 
     state and local agencies and between USDA and private and 
     international partners;
       makes the Chief Information Officer a presidential 
     appointee, subject to Senate confirmation, thereby raising 
     the stature of the Chief Information Officer in the 
     department as envisioned by the Clinger-Cohen Act; and
       requires an annual report from the Comptroller General 
     regarding USDA's compliance with this act.
                                 ______