Guideline for identifying an information system as a national security system. Information officer cio and a cio for each military department. Clingercohen act of 1996, title 44, united states code u. Clingercohen act, the government performance and results act pub. The itmra and fara were subsequently designated the clinger cohen act of 1996 cca, encompassing both. As noted in afman 171402, implementation of cca in the air force is the responsibility of the chief, information dominance and chief information officer of the air force safcio a6. A common approach to federal enterprise architecture, may 2, 2012 page 2.
The legislation passed at a time when electronic records and computers were. One hundred fourth congress of the united states of. As noted in afman 171402, implementation of cca in the air force is the responsibility of the chief. Although they did not know it at the time, the vision thencongressmen william clinger and william cohen set forth would guide government technology for more than two decades and lay the groundwork for innovation that continues today. This definition is based on the definition of information technology found in the clingercohen act of 1996. Technology management reform act of 1996, as amendedpopularly known as the clinger, cohen act, the federal acquisition streamlining act of 1994 pub. Streamlining act fasa in 1994, and is also addressed in the clingercohen act. Assessment guidance and could serve as objective evidence to the bpr standard.
As such, the section 809 panel argues in a new report that congress should exempt dod from. The clingercohen act of 1996, originally named the information technology management reform act, updates and defines how the federal government may acquire and dispose of information technology. Clingercohen act on february 10, 1996, the president signed the information technology management reform act itmra into law. The clingercohen act of 1996 is widely recognized as a watershed moment in federal it procurement legislation, and several bills since then have shaped the. The modern era of federal it can be traced to one landmark event. General services administration nasa national institutes of health. Administrator in the federal works agency by sec tions 301 and 303 of. The law itself has nothing to do with technology accessibility or people with disabilities. The clingercohen act of 1996 encompasses two laws that were together passed as part of the national defense authorization act for fiscal year 1996 nda s. The section on clingercohen, the foundational 1996 legislation which required cios at big agencies and set the stage for the federal it acquisition reform act, also notes that the central cio.
Clingercohen act, the information technology management provisions raise some potential oversight issues including the appointment and. General authority repeals the brooks automatic data processing act, which authorizes and directs the gsa administrator to. The federal government invests billions in information technology it each year to help agencies accomplish their missions. Dod acquisition reform panel looks to sunset clingercohen. Clingercohenenacted as the information technology management reform act of 1996formally established the chief information officer role and primary. The clinger cohen act of 1996 office of small business programs. Guideline for identifying an information system as a national security system missionrelated systems and classified systems.
Clingercohen act cca is a united states federal law, formerly the information technology management reform act of 1996 itmra generally known under the names of their proposers william clinger and william cohen. The united states air force clingercohen act implementation guide is a supplement to afman 171402, the air force clingercohen act cca compliance guide, xx february 2018. The united states code is meant to be an organized, logical compilation of the laws passed by congress. In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, united states code, the provisions of the clingercohen act of 1996 divisions d and e of public law 104106 see short title of 1996 act note set out under section 101 of title 41, public contracts and the amendments made by that act, and the provisions of this title, the director of. For all programs that acquire it, including nss, at any acquisition category acat level. Two decades after its implementation, the clingercohen act of 1996 cca has. Legal issues associated with designbuild contracting stuart j. It combines the warner amendment national security system definition, e. Gwacs are authorized by section 5112e of the clingercohen act 40 u. The clingercohen act of 1996 is designed to improve the way the federal government acquires, uses and disposes information technology it. The purpose of this act is to achieve savings through improved government spending and better use of information and. Code reference p, the loss of which would cause the stoppage of warfighter operations or direct mission support of warfighter operations. Congress passed the clingercohen act in 1996 to instill privatesector it management best practices in federal agencies.
Revising other it management policies to reflect this scope. How the clingercohen act continues to ripple through. Legal issues associated with designbuild contracting. The statute allows continued reduction of the burden on contracting officers and industry when acquiring commercial items or items treated as commercial items in. More than two decades old now, the clingercohen act has become outdated, burdensome and overall a detriment to the department of defenses acquisition of modern technologies, according to a new report from a congressionally established defense acquisition panel. Section 111 of the federal property and administrative services act of 1949 40 u. A common approach to federal enterprise architecture, may 2, 2012 page 4. Epas new cio recognizes the importance of the issues raised in this report and is.
Buck mckeon national defense authorization act for fiscal year 2015, title viii, acquisition policy. The 2012 clingercohen core competencies and their associated learning objectives will be used as the foundation for it course and curriculum development, as well as the development and consistent implementation of it workforce policy initiatives across the federal government. New section 8b1 is revised to provide guidance on both strategic and. The information technology management reform act of 1996 was division e of the nda. Philpott, in fisma and the risk management framework, 20. Steven terner mnuchin was sworn in as the 77th secretary of the treasury on february, 2017. The clinger cohen act supplements the information resources management policies by establishing a comprehensive approach for executive agencies to improve the acquisition and management of their information resources, by. Clinger cohen act of 1996 4 clingercohen act of 1996 short title this act may be cited as the national defense authorization act for fiscal year 1996. The common baseline speaks to the roles and responsibilities of other applicable senior department officials including the chief financial officer cfo, the chief acquisition officer cao, senior. Dod business process reengineering assessment guidance.
As of 20 june 2018 the united states air force clingercohen act implementation guide is a supplement to afman 171402, the air force clingercohen act cca compliance guide, xx february 2018. One of the most important provisions of the law requires the. Omb is to develop process for analyzing, tracking, and evaluating the risks and results of all. Under the implementing guidance issued in june by the office of management and budget, fitara. Information technology epa management of information. The information technology management reform act of 1996 was later renamed clingercohen act for its cosponsors, rep. Federal information security modernization act of 2014 fisma, 44 u. Information technology management reform information technology management reform act of 1996 title li sic. This act passed in the national defense authorization act fy 1996. The clingercohen act of 1996 is designed to improve the way the federal government acquires. Federal law, particularly the clingercohen act of 1996, has defined the role of chief information officer cio as the focal point for it management within agencies. It encompasses the 1 information technology management reform act itmra division e and the 2 federal acquisition reform act fara division d which were signed into law as part of the national defense authorization act for fiscal year 1996. Treasury, whose mission is to maintain a strong economy, foster economic growth, and create job opportunities by promoting the conditions that enable prosperity at home and abroad. The clingercohen act and the homeland security act of.
Given the longstanding challenges the government faces in managing it and the continued importance of. Itmra together with the federal acquisition reform act became knownas the clingercohen act. Authorization act for fiscal year 2005, which amended section 4202e of the clingercohen act of 1996 public law 104106. Cots and cots policies are also contained in the federal acquisition regulation, the defense federal acquisition regulation, the basic dod acquisition policy 5000 series, and several other instructions, directives, and statutes. Information technology management reform act of 1996 division e. Responsibility for acquisitions of information technology subtitle a. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Guide to it capital planning and investment control cpic. Section 5112e of the clingercohen act 40 usc 1412e office of management and budget designates one or more executive agents for governmentwide acquisitions of information technology current executive agents.
On february 10, 1996, the president signed the information technology management reform. Exempt dod from clingercohen act provisions in title 40. This is the first time in law that chief information. A first step in addressing epas planning needs was the cio approval of an updated epa strategic information plan on july 29, 2002. Guideline for identifying an information system as a.
The basis for these guidelines is the federal information. This document provides guidelines developed in conjunction with the department of defense, including the national security agency, for identifying an information system as a national security system. The clingercohen act cca of 1996 required the department to appoint a dod chief. A system that meets the definitions of information system and national security system in the clingercohen act subtitle iii of title 40 of u. Information technology management reform act of 1996. For dod acquisition programs, the clingercohen act mandates that all programs that acquire. Title liresponsibility for acquisitions of information technology subtitle ageneral authority sec. Congress should exempt pentagon from clingercohen act. Management and oversight of federal information technology. The clingercohen act of 1996 encompasses two laws that were together passed as part of. The government accountability office gao, also in response to the clingercohen act, developed the information technology investment management itim process maturity framework.
Problem two decades after its implementation, the clingercohen act of 1996 cca has made significant progress in instilling an enterprise view of it acquisition among federal agencies, but. National defense authorization act for fiscal year 2015 dkrause on dskht7xvn1prod with publaws verdate mar 15 2010. Please note that this is an air force template provided for your guidance, and that the other services or agencies may have different documentation requirements. What is the clingercohen act, and how does it affect. Epa management of information technology resources under the clingercohen act ii report no. Federal information technology acquisition reform act. The current state of federal information technology. Key legislation addressing information resources management, including fisma and the clingercohen act, incorporates by reference the statutory definition of information system cited above, a definition established in the paperwork reduction act of 1995 8. Clinger cohen act of 1996 2 information technology management reform act, condensed2 the office management and budget omb director is responsible for improving the acquisition, use, and disposal of information technology it to improve federal programs.
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