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Notes

40 U.S.C. §§ 11312–11314

3 sections in range

§11312. Capital planning and investment control

40 U.S.C. § 11312

(a)
Design of Process.— In fulfilling the responsibilities assigned under section 3506(h) of title 44, the head of each executive agency shall design and implement in the executive agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the executive agency.
(b)
Content of Process.— The process of an executive agency shall—
(1)
provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments;
(2)
be integrated with the processes for making budget, financial, and program management decisions in the executive agency;
(3)
include minimum criteria to be applied in considering whether to undertake a particular investment in information systems, including criteria related to the quantitatively expressed projected net, risk-adjusted return on investment and specific quantitative and qualitative criteria for comparing and prioritizing alternative information systems investment projects;
(4)
identify information systems investments that would result in shared benefits or costs for other federal agencies or state or local governments;
(5)
identify quantifiable measurements for determining the net benefits and risks of a proposed investment; and
(6)
provide the means for senior management personnel of the executive agency to obtain timely information regarding the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost, capability of the system to meet specified requirements, timeliness, and quality.
Notes, amendments, and revision history

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108–458, title VIII, § 8401(3), Dec. 17, 2004, 118 Stat. 3869.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
11312 40:1422. Pub. L. 104–106, div. E, title LI, § 5122, Feb. 10, 1996, 110 Stat. 683.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458 substituted “investments in information technology (including information security needs)” for “information technology investments”.

§11313. Performance and results-based management

40 U.S.C. § 11313

In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—
(1)
establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of information technology;
(2)
prepare an annual report, to be included in the executive agency’s budget submission to Congress, on the progress in achieving the goals;
(3)
ensure that performance measurements—
(A)
are prescribed for information technology used by, or to be acquired for, the executive agency; and
(B)
measure how well the information technology supports programs of the executive agency;
(4)
where comparable processes and organizations in the public or private sectors exist, quantitatively benchmark agency process performance against those processes in terms of cost, speed, productivity, and quality of outputs and outcomes;
(5)
analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes as appropriate before making significant investments in information technology to be used in support of the performance of those missions; and
(6)
ensure that the information security policies, procedures, and practices of the executive agency are adequate.
Notes, amendments, and revision history

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
11313 40:1423. Pub. L. 104–106, div. E, title LI, § 5123, Feb. 10, 1996, 110 Stat. 683.

§11314. Authority to acquire and manage information technology

40 U.S.C. § 11314

(a)
In General.— The authority of the head of an executive agency to acquire information technology includes—
(1)
acquiring information technology as authorized by law;
(2)
making a contract that provides for multiagency acquisitions of information technology in accordance with guidance issued by the Director of the Office of Management and Budget; and
(3)
if the Director finds that it would be advantageous for the Federal Government to do so, making a multiagency contract for procurement of commercial products of information technology that requires each executive agency covered by the contract, when procuring those products, to procure the products under that contract or to justify an alternative procurement of the products.
(b)
FTS 2000 Program.— The Administrator of General Services shall continue to manage the FTS 2000 program, and to coordinate the follow-on to that program, for and with the advice of the heads of executive agencies.
Notes, amendments, and revision history

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 115–232, div. A, title VIII, § 836(g)(7)(B), Aug. 13, 2018, 132 Stat. 1874.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
11314 40:1424. Pub. L. 104–106, div. E, title LI, § 5124, Feb. 10, 1996, 110 Stat. 684.

In subsection (b), the words “Notwithstanding any other provision of this or any other law” are omitted as unnecessary.

Editorial Notes

Amendments

2018—Subsec. (a)(3). Pub. L. 115–232 substituted “products” for “items” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.