(A) The term "covered agency" means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(B) The term "major information technology investment" means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
(C) The term "national security system" has the meaning provided in section 3542 of title 44.1
(i) The Director shall issue guidance to each covered agency for reporting of data required by subparagraph (A) that provides a standardized data template that can be incorporated into existing, required data reporting formats and processes. Such guidance shall integrate the reporting process into current budget reporting that each covered agency provides to the Office of Management and Budget, to minimize additional workload. Such guidance shall also clearly specify that the investment evaluation required under subparagraph (C) adequately reflect the investment's cost and schedule performance and employ incremental development approaches in appropriate cases.
(ii) The Chief Information Officer of each covered agency shall provide the Director with the information described in subparagraph (A) on at least a semi-annual basis for each major information technology investment, using existing data systems and processes.
(i) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
(ii) under the Military Intelligence Program or any successor program or programs; or
(iii) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(A) the Chief Information Officer of the covered agency and the program manager of the investment within the covered agency, in consultation with the Administrator of the Office of Electronic Government, shall conduct a review of the investment that shall identify—
(i) the root causes of the high level of risk of the investment;
(ii) the extent to which these causes can be addressed; and
(iii) the probability of future success;
(B) the Administrator of the Office of Electronic Government shall communicate the results of the review under subparagraph (A) to—
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) the committees of the Senate and the House of Representatives with primary jurisdiction over the agency;
(C) in the case of a major information technology investment of the Department of Defense, the assessment required by subparagraph (A) may be accomplished in accordance with section 2445c of title 10, provided that the results of the review are provided to the Administrator of the Office of Electronic Government upon request and to the committees identified in subsection (B); and
(D) for a covered agency other than the Department of Defense, if on the date that is one year after the date of completion of the review required under subsection (A), the investment is rated as high risk under paragraph (3)(C), the Director shall deny any request for additional development, modernization, or enhancement funding for the investment until the date on which the Chief Information Officer of the covered agency determines that the root causes of the high level of risk of the investment have been addressed, and there is sufficient capability to deliver the remaining planned increments within the planned cost and schedule.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237; Pub. L. 108–458, title VIII, §8401(1), (2), Dec. 17, 2004, 118 Stat. 3869; Pub. L. 113–291, div. A, title VIII, §832, Dec. 19, 2014, 128 Stat. 3440; Pub. L. 115–88, §2, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, §819(a), Dec. 12, 2017, 131 Stat. 1464.)
|Source (U.S. Code)||Source (Statutes at Large)|
|11302||40:1412.||Pub. L. 104–106, div. E, title LI, §5112, Feb. 10, 1996, 110 Stat. 680.|
Section 3542 of title 44, referred to in subsec. (c)(1)(C), was repealed by Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3073. See section 3552 of Title 44, Public Printing and Documents.
2017—Subsec. (c)(5). Pub. L. 115–88 and Pub. L. 115–91 amended subsec. (c) identically, striking out par. (5) relating to sunset of certain provisions. Text read as follows: "Paragraphs (1), (3), and (4) shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015."
2014—Subsec. (c). Pub. L. 113–291 added pars. (1), (3), (4), and par. (5) relating to sunset of certain provisions and redesignated former pars. (1) and (2) as par. (2) and par. (5) relating to report to Congress, respectively.
2004—Subsec. (b). Pub. L. 108–458, §8401(1), inserted "security," after "use,".
Subsec. (c)(1). Pub. L. 108–458, §8401(2), inserted ", including information security risks," after "evaluating the risks" and "costs, benefits, and risks".
Pub. L. 114–210, July 29, 2016, 130 Stat. 824, provided that:
"This Act may be cited as the 'Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016' or the 'MEGABYTE Act of 2016'.
"(1) the term 'Director' means the Director of the Office of Management and Budget; and
"(2) the term 'executive agency' has the meaning given that term in section 105 of title 5, United States Code.
"(1) identify clear roles, responsibilities, and central oversight authority within the executive agency for managing enterprise software license agreements and commercial software licenses; and
"(2) require the Chief Information Officer of each executive agency to—
"(A) establish a comprehensive inventory, including 80 percent of software license spending and enterprise licenses in the executive agency, by identifying and collecting information about software license agreements using automated discovery and inventory tools;
"(B) regularly track and maintain software licenses to assist the executive agency in implementing decisions throughout the software license management life cycle;
"(C) analyze software usage and other data to make cost-effective decisions;
"(D) provide training relevant to software license management;
"(E) establish goals and objectives of the software license management program of the executive agency; and
"(F) consider the software license management life cycle phases, including the requisition, reception, deployment and maintenance, retirement, and disposal phases, to implement effective decisionmaking and incorporate existing standards, processes, and metrics.
Pub. L. 106–398, §1 [[div. A], title VIII, §813], Oct. 30, 2000, 114 Stat. 1654, 1654A–214, provided that:
"(1) the contracting officer first determines that the needs of the executive agency cannot be met without any such requirement; or
"(2) the needs of the executive agency require the use of a type of contract other than a performance-based contract.
"(1) executive agency compliance with the regulations; and
"(2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General considers appropriate.
"(1) The term 'executive agency' has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (former 41 U.S.C. 403(1)) [now 41 U.S.C. 133].
"(2) The term 'information technology' has the meaning given that term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)) [now 40 U.S.C. 11101(6)].
"(3) The term 'performance-based', with respect to a contract, means that the contract includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes."
1 See References in Text note below.