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50 U.S.C. § 3105a — Intelligence community business system transformation

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105a — Intelligence community business system transformation

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3105a

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Stable record: federal_law:legal_authorities:record_usc_afd1297561d3e1a73fd01117
Source file: Laws/federal/codes/united-states-code/title-50/section-3105a-intelligence-community-business-system-transformation--608a6a402a.md
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Source location: Title 50, Chapter 44, § 3105a; chapter-044-national-security.md

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**(a) Limitation on obligation of funds** (1) Subject to paragraph (3), no funds appropriated to any element of the intelligence community may be obligated for an intelligence community business system transformation that will have a total cost in excess of $3,000,000 unless— (A) the Director of the Office of Business Transformation of the Office of the Director of National Intelligence makes a certification described in paragraph (2) with respect to such intelligence community business system transformation; and (B) such certification is approved by the board established under subsection (f). (2) The certification described in this paragraph for an intelligence community business system transformation is a certification made by the Director of the Office of Business Transformation of the Office of the Director of National Intelligence that the intelligence community business system transformation— (A) complies with the enterprise architecture under subsection (b) and such other policies and standards that the Director of National Intelligence considers appropriate; or (B) is necessary— (i) to achieve a critical national security capability or address a critical requirement; or (ii) to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration any alternative solutions for preventing such adverse effect. (3) With respect to a fiscal year after fiscal year 2010, the amount referred to in paragraph (1) in the matter preceding subparagraph (A) shall be equal to the sum of— (A) the amount in effect under such paragraph (1) for the preceding fiscal year (determined after application of this paragraph), plus (B) such amount multiplied by the annual percentage increase in the consumer price index (all items; U.S. city average) as of September of the previous fiscal year. **(b) Enterprise architecture for intelligence community business systems** (1) The Director of National Intelligence shall, acting through the board established under subsection (f), develop and implement an enterprise architecture to cover all intelligence community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable intelligence community business system solutions, consistent with applicable policies and procedures established by the Director of the Office of Management and Budget. (2) The enterprise architecture under paragraph (1) shall include the following: (A) An information infrastructure that will enable the intelligence community to— (i) comply with all Federal accounting, financial management, and reporting requirements; (ii) routinely produce timely, accurate, and reliable financial information for management purposes; (iii) integrate budget, accounting, and program information and systems; and (iv) provide for the measurement of performance, including the ability to produce timely, relevant, and reliable cost information. (B) Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community. **(c) Responsibilities for intelligence community business system transformation** The Director of National Intelligence shall be responsible for the entire life cycle of an intelligence community business system transformation, including review, approval, and oversight of the planning, design, acquisition, deployment, operation, and maintenance of the business system transformation. **(d) Intelligence community business system investment review** (1) The Director of the Office of Business Transformation of the Office of the Director of National Intelligence shall establish and implement, not later than 60 days after October 7, 2010, an investment review process for the intelligence community business systems for which the Director of the Office of Business Transformation is responsible. (2) The investment review process under paragraph (1) shall— (A) meet the requirements of [section 11312 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11312&num=0&edition=prelim); and (B) specifically set forth the responsibilities of the Director of the Office of Business Transformation under such review process. (3) The investment review process under paragraph (1) shall include the following elements: (A) Review and approval by an investment review board (consisting of appropriate representatives of the intelligence community) of each intelligence community business system as an investment before the obligation of funds for such system. (B) Periodic review, but not less often than annually, of every intelligence community business system investment. (C) Thresholds for levels of review to ensure appropriate review of intelligence community business system investments depending on the scope, complexity, and cost of the system involved. (D) Procedures for making certifications in accordance with the requirements of subsection (a)(2). **(e) Repealed. Pub. L. 112–277, title III, § 310(a)(3), Jan. 14, 2013, 126 Stat. 2475** **(f) Intelligence community business system transformation governance board** (1) The Director of National Intelligence shall establish a board within the intelligence community business system transformation governance structure (in this subsection referred to as the “Board”). (2) The Board shall— (A) recommend to the Director policies and procedures necessary to effectively integrate all business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community; (B) review and approve any major update of— (i) the enterprise architecture developed under subsection (b); and (ii) any plans for an intelligence community business systems modernization; (C) manage cross-domain integration consistent with such enterprise architecture; (D) coordinate initiatives for intelligence community business system transformation to maximize benefits and minimize costs for the intelligence community, and periodically report to the Director on the status of efforts to carry out an intelligence community business system transformation; (E) ensure that funds are obligated for intelligence community business system transformation in a manner consistent with subsection (a); and (F) carry out such other duties as the Director shall specify. **(g) Relation to annual registration requirements** Nothing in this section shall be construed to alter the requirements of section 8083 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section). **(h) Relationship to defense business enterprise architecture** Nothing in this section shall be construed to exempt funds authorized to be appropriated to the Department of Defense from the requirements of [section 2222 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim) to the extent that such requirements are otherwise applicable. **(i) Relation to Clinger-Cohen Act** (1) Executive agency responsibilities in chapter 113 of title 40 for any intelligence community business system transformation shall be exercised jointly by— (A) the Director of National Intelligence and the Chief Information Officer of the Intelligence Community; and (B) the head of the executive agency that contains the element of the intelligence community involved and the chief information officer of that executive agency. (2) The Director of National Intelligence and the head of the executive agency referred to in paragraph (1)(B) shall enter into a Memorandum of Understanding to carry out the requirements of this section in a manner that best meets the needs of the intelligence community and the executive agency. **(j) Reports** Not later than March 31 of each of the years 2011 through 2014, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the compliance of the intelligence community with the requirements of this section. Each such report shall— (1) describe actions taken and proposed for meeting the requirements of subsection (a), including— (A) specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and (B) specific actions on the intelligence community business system transformations submitted for certification under such subsection; (2) identify the number of intelligence community business system transformations that received a certification described in subsection (a)(2); and (3) describe specific improvements in business operations and cost savings resulting from successful intelligence community business systems transformation efforts. **(k) Definitions** In this section: (1) The term “enterprise architecture” has the meaning given that term in [section 3601(4) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3601/4&num=0&edition=prelim). (2) The terms “information system” and “information technology” have the meanings given those terms in [section 11101 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim). (3) The term “intelligence community business system” means an information system, including a national security system, that is operated by, for, or on behalf of an element of the intelligence community, including a financial system, mixed system, financial data feeder system, and the business infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and technology, that build upon the core infrastructure used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management. (4) The term “intelligence community business system transformation” means— (A) the acquisition or development of a new intelligence community business system; or (B) any significant modification or enhancement of an existing intelligence community business system (other than necessary to maintain current services). (5) The term “national security system” has the meaning given that term in section 3542 11 See References in Text note below. of title 44. (6) The term “Office of Business Transformation of the Office of the Director of National Intelligence” includes any successor office that assumes the functions of the Office of Business Transformation of the Office of the Director of National Intelligence as carried out by the Office of Business Transformation on October 7, 2010.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11101 — Definitions

In this subtitle, the following definitions apply: (1) **Commercial product.—** — The term “commercial product” has the meaning given that term in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim). (2) **Executive agency.—** — The term “executive agency” has the meaning given that term in [section 133 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim). (3) **Information resources.—** — The term “information resources” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (4) **Information resources management.—** — The term “information resources management” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (5) **Information system.—** — The term “information system” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (6) **Information technology.—** — The term “information technology”— (A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) of that equipment;

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2222 — Defense business systems: business process reengineering; enterprise architecture; management

**(a) Defense Business Processes Generally.—** The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems. **(b) Defense Business Systems Generally.—** The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense— (1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering; (2) is integrated into a comprehensive defense business enterprise architecture; (3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and (4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices. **(c) Issuance of Guidance.—** (1) **Secretary of defense guidance.—** — The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems. (2) **Supporting guidance.—** — The Secretary shall direct the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1). **(d) Guidance Elements.—** The guidance issued under subsection (c) shall include the following elements: (1) Policy to ensure that

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2222

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3552 — Definitions

**(a) In General.—** Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. **(b) Additional Definitions.—** As used in this subchapter: (1) The term “binding operational directive” means a compulsory direction to an agency that— (A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; (B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and (C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director. (2) The term “incident” means an occurrence that— (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. (3) The term “information security” means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, which means ensuring timely and reliable access to and use of information. (4) The term “information technology” has the meaning given that term

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3552

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11312 — Capital planning and investment control

**(a) Design of Process.—** In fulfilling the responsibilities assigned under [section 3506(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3506/h&num=0&edition=prelim), the head of each executive agency shall design and implement in the executive agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the executive agency. **(b) Content of Process.—** The process of an executive agency shall— (1) provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments; (2) be integrated with the processes for making budget, financial, and program management decisions in the executive agency; (3) include minimum criteria to be applied in considering whether to undertake a particular investment in information systems, including criteria related to the quantitatively expressed projected net, risk-adjusted return on investment and specific quantitative and qualitative criteria for comparing and prioritizing alternative information systems investment projects; (4) identify information systems investments that would result in shared benefits or costs for other federal agencies or state or local governments; (5) identify quantifiable measurements for determining the net benefits and risks of a proposed investment; and (6) provide the means for senior management personnel of the executive agency to obtain timely information regarding the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost,

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11312

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3105a — Classified intelligence budget justifica-

Page 687 TITLE 50—WAR AND NATIONAL DEFENSE § 3106 1 See References in Text note below. (b) Updates Not less frequently than annually, the Direc- tor of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall up- date and make publicly available an unclassified summary consisting of the information required by subsection (a) and the number of individuals formerly detained at Naval Station, Guanta- namo Bay, Cuba, who are confirmed or sus- pected of returning to terrorist activities after release or transfer from such Naval Station. (July 26, 1947, ch. 343, title V, § 506I, as added Pub. L. 112–87, title III, § 307(a)(1), Jan. 3, 2012, 125 Stat. 1882; amended Pub. L. 116–92, div. E, title LVII, § 5701(a)(1), Dec. 20, 2019, 133 Stat. 2159.) Editorial Notes CODIFICATION Section was formerly classified to section 415a–11 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘annu- ally’’ for ‘‘once every 6 months’’. Statutory Notes and Related Subsidiaries INITIAL UPDATE Pub. L. 112–87, title III, § 307(a)(2), Jan. 3, 2012, 125 Stat. 1883, provided that: ‘‘The initial update required by section 506I(b) of such Act [act July 26, 1947, ch. 343; 50 U.S.C. 3105(b)], as added by paragraph (1) of this sub- section, shall be made publicly available not later than 10 days after the date the first report following the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 [Jan. 3, 2012] is submitted to mem- bers and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 (Pub- lic Law 111–32; 10 U.S.C. 801 note).’’ § 3105a. Classified inte

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3105a

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