§ 2223. Information technology: additional responsibilities of Chief Information Officers

§ 2223. Information technology: additional responsibilities of Chief Information Officers

(a) Additional Responsibilities of Chief Information Officer of Department of Defense.— In addition to the responsibilities provided for in chapter 35 of title 44 and in section 11315 of title 40, the Chief Information Officer of the Department of Defense shall—

(1) review and provide recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems;

(2) ensure the interoperability of information technology and national security systems throughout the Department of Defense;

(3) ensure that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed;

(4) provide for the elimination of duplicate information technology and national security systems within and between the military departments and Defense Agencies; and

(5) maintain a consolidated inventory of Department of Defense mission critical and mission essential information systems, identify interfaces between those systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems.

(b) Additional Responsibilities of Chief Information Officer of Military Departments.— In addition to the responsibilities provided for in chapter 35 of title 44 and in section 11315 of title 40, the Chief Information Officer of a military department, with respect to the military department concerned, shall—

(1) review budget requests for all information technology and national security systems;

(2) ensure that information technology and national security systems are in compliance with standards of the Government and the Department of Defense;

(3) ensure that information technology and national security systems are interoperable with other relevant information technology and national security systems of the Government and the Department of Defense; and

(4) coordinate with the Joint Staff with respect to information technology and national security systems.

(c) Definitions.— In this section:

(1) The term “Chief Information Officer” means the senior official designated by the Secretary of Defense or a Secretary of a military department pursuant to section 3506 of title 44.

(2) The term “information technology” has the meaning given that term by section 11101 of title 40.

(3) The term “national security system” has the meaning given that term by section 3552(b)(6) of title 44.

(Added Pub. L. 105–261, div. A, title III, § 331(a)(1), Oct. 17, 1998, 112 Stat. 1967; amended [Pub. L. 106–398, § 1 [div. A], title VIII, § 811(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–210; Pub. L. 107–217, § 3(b)(1), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 109–364, div. A, title IX, § 906(b), Oct. 17, 2006, 120 Stat. 2354; Pub. L. 113–283, § 2(e)(5)(B), Dec. 18, 2014, 128 Stat. 3087; Pub. L. 114–92, div. A, title X, § 1081(a)(7), Nov. 25, 2015, 129 Stat. 1001.)

Editorial Notes

Amendments

2015—Subsec. (c)(3). Pub. L. 114–92 substituted “section 3552(b)(6)” for “section 3552(b)(5)”.

2014—Subsec. (c)(3). Pub. L. 113–283 substituted “section 3552(b)(5)” for “section 3542(b)(2)”.

2006—Subsec. (c)(3). Pub. L. 109–364 substituted “section 3542(b)(2) of title 44” for “section 11103 of title 40”.

2002—Subsecs. (a), (b). Pub. L. 107–217, § 3(b)(1)(A), (B), substituted “section 11315 of title 40” for “section 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)” in introductory provisions.

Subsec. (c)(2). Pub. L. 107–217, § 3(b)(1)(C), substituted “section 11101 of title 40” for “section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)”.

Subsec. (c)(3). Pub. L. 107–217, § 3(b)(1)(D), substituted “section 11103 of title 40” for “section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452)”.

2000—Subsec. (a)(5). Pub. L. 106–398 added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–261, div. A, title III, § 331(b), Oct. 17, 1998, 112 Stat. 1968, provided that: “Section 2223 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1998.”

Enhanced Security Strategy for Procurement of Private Fifth-Generation Wireless Technology

Pub. L. 119–60, div. A, title VIII, § 877, Dec. 18, 2025, 139 Stat. 1005, provided that: “(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall require a contractor for a procurement related to fifth-generation wireless technology for private networks on military installations to provide the information described in subsection (b) to promote enhanced wireless network security requirements, including supply chain risk management. “(b) Information Described.—The information described in this subsection is as follows:“(1) A hardware bill of materials for such procurement described in subsection (a). “(2) A description of the implementation and operational use of zero trust principles and capabilities for such procurement. “(c) Prioritization.—With respect to a procurement described in subsection (a), the Secretary shall prioritize the use of private networks that employ Open-RAN approaches, including cloud-native capabilities whenever possible. “(d) Definitions.—In this section:“(1) The term ‘military installation’ has the meaning given in section 2801 of title 10, United States Code. “(2) The term ‘Open-RAN’ has the meaning given in section 9202 of title XCII of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [47 U.S.C. 906].”

Plan for Deploying Private Fifth Generation and Future Generation Open Radio Access Network Architecture on Department of Defense Military Installations

Pub. L. 119–60, div. B, title XXVIII, § 2853, Dec. 18, 2025, 139 Stat. 1323, provided that: “(a) Requirement for Prioritized List of Military Installations.—Pursuant to section 1526 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) and the Department of Defense Private 5G Deployment Strategy (dated October 2024), each Secretary of a military department shall develop a prioritized list of military installations that merit investment in private fifth generation and future generation information and communications networks. “(b) Considerations.—In developing a list under subsection (a), a Secretary of a military department shall consider matters relating to the following:“(1) Connection density. “(2) Latency requirements. “(3) Capacity requirements. “(4) Geographic coverage requirements. “(5) Enhanced security within wireless network services. “(6) Military installation physical security and force protection requirements, including perimeter monitoring and detection and tracking of uncrewed aircraft systems. “(7) Requirements with respect to large-scale warehousing and logistics operations. “(8) The potential use of augmented or virtual reality technology, including for maintenance and training. “(9) Requirements with respect to large-scale and high-tempo flight line operations. “(c) Informing Future Procurements.—The Secretary of the Air Force shall use the prioritized list developed under subsection (a) to inform task orders issued under the Enterprise Information Technology as a Service Base Infrastructure Modernization program of the Department of the Air Force and future related contracts. To the maximum extent possible, task orders issued after the date of the enactment of this Act [Dec. 18, 2025] shall specify where existing networking technologies are fully adequate to meet requirements and where private fifth generation and future generation information and communications network performance or characteristics are needed. “(d) Coordination Required.—In developing prioritized lists under subsection (a), each Secretary of a military department shall, to the extent each such Secretary determines appropriate, coordinate with the following officials:“(1) The Under Secretary of Defense for Research and Engineering, [sic] “(2) The Under Secretary of Defense for Acquisition and Sustainment. “(3) The Chief Information Officer of the Department of Defense. “(4) The service acquisition executive of the military department concerned. “(5) Combatant commanders. “(6) The heads of the Defense Agencies. “(7) Installation and environment executives. “(e) Plan for Private 5G Open Radio Access Network Architecture Deployments.—Not later than March 1, 2026, the Secretary of Defense shall—“(1) consolidate the prioritized military installation lists developed by the Secretaries of the military departments under subsection (a), and determine an optimal investment, deployment, and resourcing plan for private fifth generation and future generation networks across the Department that are based on Open Radio Access Network architecture; and “(2) submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and House of Representatives] a report on the lists consolidated under paragraph (1) and the determinations made pursuant to such paragraph. “(f) Definitions.—In this section:“(1) The term ‘military installation’ has the meaning given such term in section 2801 of title 10, United States Code. “(2) The term ‘Open Radio Access Network architecture’ has the meaning given such term in section 1526 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31). “(3) The term ‘service acquisition executive’ has the meaning given such term in section 101 of title 10, United States Code.”

Modernization of the Department of Defense’s Authorization To Operate Processes