Page:United States Statutes at Large Volume 121.djvu/2067

 121 STAT. 2046

PUBLIC LAW 110–161—DEC. 26, 2007

to ensure operational success; and (5) a description of steps taken to ensure the integrity of privacy safeguards. AUTOMATION MODERNIZATION

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VerDate Aug 31 2005

07:12 Jan 26, 2009

For expenses for U.S. Customs and Border Protection automated systems, $476,609,000, to remain available until expended, of which not less than $316,969,000 shall be for the development of the Automated Commercial Environment: Provided, That of the total amount made available under this heading, $216,969,000 may not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of the Senate and the House of Representatives receive a report on the results to date and plans for the program from the Department of Homeland Security that includes: (1) a detailed accounting of the program’s progress up to the date of the report in meeting prior commitments made to the Committees relative to system capabilities or services, system performance levels, mission benefits and outcomes, milestones, cost targets, and program management capabilities; (2) an explicit plan of action defining how all funds are to be obligated to meet future program commitments, with the planned expenditure of funds linked to the milestone-based delivery of specific capabilities, services, performance levels, mission benefits and outcomes, and program management capabilities; (3) a listing of all open Government Accountability Office and Office of Inspector General recommendations related to the program, with the status of the Department’s efforts to address the recommendations, including milestones for fully addressing them; (4) a certification by the Chief Procurement Officer of the Department that the program has been reviewed and approved in accordance with the investment management process of the Department, and that the process fulfills all capital planning and investment control requirements and reviews established by the Office of Management and Budget, including Circular A–11, part 7, as well as supporting analyses generated by and used in the Department’s process; (5) a certification by the Chief Information Officer of the Department that an independent validation and verification agent has and will continue to actively review the program; (6) a certification by the Chief Information Officer of the Department that the system architecture of the program is sufficiently aligned with the information systems enterprise architecture of the Department to minimize future rework, including a description of all aspects of the architectures that were and were not assessed in making the alignment determination, the date of the alignment determination, any known areas of misalignment along with the associated risks and corrective actions to address any such areas; (7) a certification by the Chief Information Officer of the Department that the program has a risk management process that regularly and proactively identifies, evaluates, mitigates, and monitors risks throughout the system life cycle, and communicates high-risk conditions to U.S. Customs and Border Protection and Department of Homeland Security investment

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