As noted in afman 171402, implementation of cca in the air force is the responsibility of the chief. 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. 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. Revising other it management policies to reflect this scope.
This definition is based on the definition of information technology found in the clingercohen act of 1996. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The basis for these guidelines is the federal information. Legal issues associated with designbuild contracting. The current state of federal information technology. How the clingercohen act continues to ripple through. Dod business process reengineering assessment guidance. General authority repeals the brooks automatic data processing act, which authorizes and directs the gsa administrator to. This act passed in the national defense authorization act fy 1996. 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. Guide to it capital planning and investment control cpic. Information officer cio and a cio for each military department. Clingercohen act, the government performance and results act pub. Responsibility for acquisitions of information technology subtitle a.
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 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 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. The clingercohen act of 1996 is designed to improve the way the federal government acquires, uses and disposes information technology it. Congress should exempt pentagon from clingercohen act. More than two decades old now, the clingercohen act has become outdated, burdensome and overall a detriment to the department of defenses acquisition of modern technologies, according to a new report from a congressionally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.
Guideline for identifying an information system as a national security system. A common approach to federal enterprise architecture, may 2, 2012 page 4. 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. Buck mckeon national defense authorization act for fiscal year 2015, title viii, acquisition policy. The clingercohen act and the homeland security act of. 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. The purpose of this act is to achieve savings through improved government spending and better use of information and. The legislation passed at a time when electronic records and computers were. Information technology management reform act of 1996. Steven terner mnuchin was sworn in as the 77th secretary of the treasury on february, 2017.
The itmra and fara were subsequently designated the clinger cohen act of 1996 cca, encompassing both. For all programs that acquire it, including nss, at any acquisition category acat level. 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. Information technology epa management of information. 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. Philpott, in fisma and the risk management framework, 20. Authorization act for fiscal year 2005, which amended section 4202e of the clingercohen act of 1996 public law 104106. Clingercohen act of 1996, title 44, united states code u.
A common approach to federal enterprise architecture, may 2, 2012 page 2. New section 8b1 is revised to provide guidance on both strategic and. Assessment guidance and could serve as objective evidence to the bpr standard. Omb is to develop process for analyzing, tracking, and evaluating the risks and results of all. 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. The federal government invests billions in information technology it each year to help agencies accomplish their missions. 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.
Streamlining act fasa in 1994, and is also addressed in the clingercohen act. 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. The law itself has nothing to do with technology accessibility or people with disabilities. Itmra together with the federal acquisition reform act became knownas the clingercohen act. 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. Clingercohen act, the information technology management provisions raise some potential oversight issues including the appointment and. Gwacs are authorized by section 5112e of the clingercohen act 40 u. One hundred fourth congress of the united states of. The clinger cohen act of 1996 office of small business programs. Management and oversight of federal information technology. Federal information technology acquisition reform act.
Guideline for identifying an information system as a national security system missionrelated systems and classified systems. 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. 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. Given the longstanding challenges the government faces in managing it and the continued importance of. 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. Federal information security modernization act of 2014 fisma, 44 u. Guideline for identifying an information system as a. Legal issues associated with designbuild contracting stuart j. It combines the warner amendment national security system definition, e. Information technology management reform information technology management reform act of 1996 title li sic.
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. Clingercohenenacted as the information technology management reform act of 1996formally established the chief information officer role and primary. Two decades after its implementation, the clingercohen act of 1996 cca has. The clingercohen act of 1996 is designed to improve the way the federal government acquires. The statute allows continued reduction of the burden on contracting officers and industry when acquiring commercial items or items treated as commercial items in. 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. 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. Code reference p, the loss of which would cause the stoppage of warfighter operations or direct mission support of warfighter operations. Epa management of information technology resources under the clingercohen act ii report no. For dod acquisition programs, the clingercohen act mandates that all programs that acquire. The information technology management reform act of 1996 was division e of the nda. Information technology management reform act of 1996 division e.
Administrator in the federal works agency by sec tions 301 and 303 of. On february 10, 1996, the president signed the information technology management reform. The clingercohen act of 1996 encompasses two laws that were together passed as part of. Congress passed the clingercohen act in 1996 to instill privatesector it management best practices in federal agencies. Under the implementing guidance issued in june by the office of management and budget, fitara. As such, the section 809 panel argues in a new report that congress should exempt dod from. 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. One of the most important provisions of the law requires the. Epas new cio recognizes the importance of the issues raised in this report and is. Dod acquisition reform panel looks to sunset clingercohen. 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. Exempt dod from clingercohen act provisions in title 40. A system that meets the definitions of information system and national security system in the clingercohen act subtitle iii of title 40 of u. 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.
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. This is the first time in law that chief information. Section 111 of the federal property and administrative services act of 1949 40 u. Clingercohen act on february 10, 1996, the president signed the information technology management reform act itmra into law. A first step in addressing epas planning needs was the cio approval of an updated epa strategic information plan on july 29, 2002. The clingercohen act cca of 1996 required the department to appoint a dod chief. Technology management reform act of 1996, as amendedpopularly known as the clinger, cohen act, the federal acquisition streamlining act of 1994 pub. Title liresponsibility for acquisitions of information technology subtitle ageneral authority sec. The government accountability office gao, also in response to the clingercohen act, developed the information technology investment management itim process maturity framework. 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.
What is the clingercohen act, and how does it affect. General services administration nasa national institutes of health. The modern era of federal it can be traced to one landmark event. The information technology management reform act of 1996 was later renamed clingercohen act for its cosponsors, rep. National defense authorization act for fiscal year 2015 dkrause on dskht7xvn1prod with publaws verdate mar 15 2010.