Page:United States Statutes at Large Volume 118.djvu/1020

 118 STAT. 990 PUBLIC LAW 108–287—AUG. 5, 2004 supporting financial and non financial systems, or a system improvement of more than $1,000,000 may not receive Mile stone A approval, Milestone B approval, or full rate production, or their equivalent, within the Department of Defense until the Under Secretary of Defense (Comptroller) certifies, with respect to that milestone, that the system is being developed and managed in accordance with the Department’s Financial Management Modernization Plan. The Under Secretary of Defense (Comptroller) may require additional certifications, as appropriate, with respect to any such system. (2) The Chief Information Officer shall provide the congres sional defense committees timely notification of certifications under paragraph (1). (c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER COHEN ACT.— (1) During the current fiscal year, a major automated information system may not receive Milestone A approval, Mile stone B approval, or full rate production approval, or their equivalent, within the Department of Defense until the Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordance with the Clinger Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may require additional certifications, as appropriate, with respect to any such system. (2) The Chief Information Officer shall provide the congres sional defense committees timely notification of certifications under paragraph (1). Each such notification shall include, at a minimum, the funding baseline and milestone schedule for each system covered by such a certification and confirmation that the following steps have been taken with respect to the system: (A) Business process reengineering. (B) An analysis of alternatives. (C) An economic analysis that includes a calculation of the return on investment. (D) Performance measures. (E) An information assurance strategy consistent with the Department’s Global Information Grid. (d) DEFINITIONS.—For purposes of this section: (1) The term ‘‘Chief Information Officer’’ means the senior official of the Department of Defense designated by the Sec retary of Defense pursuant to section 3506 of title 44, United States Code. (2) The term ‘‘information technology system’’ has the meaning given the term ‘‘information technology’’ in section 5002 of the Clinger Cohen Act of 1996 (40 U.S.C. 1401). SEC. 8084. During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a Certification. Notification. Notification.

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