Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00
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+---
+type: "LegalText"
+title: "40 U.S.C. § 11302"
+description: "Capital planning and investment control"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11302"
+citation: "40 U.S.C. § 11302"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11302"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11302 - Capital planning and investment control
+
+## Text
+
+(a) Federal Information Technology.— The Director of the Office of Management and Budget shall perform the responsibilities set forth in this section in fulfilling the responsibilities under section 3504(h) of title 44.
+
+(b) Use of Information Technology in Federal Programs.— The Director shall promote and improve the acquisition, use, security, and disposal of information technology by the Federal Government to improve the productivity, efficiency, and effectiveness of federal programs, including through dissemination of public information and the reduction of information collection burdens on the public.
+
+(c) Use of Budget Process.— (1) Definitions.— In this subsection:
+
+(A) The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
+
+(B) The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
+
+(C) The term “national security system” has the meaning provided in section 3542 of title 44.11 See References in Text note below.
+
+(2) Analyzing, tracking, and evaluating capital investments.— As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security risks, and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall include explicit criteria for analyzing the projected and actual costs, benefits, and risks, including information security risks, associated with the investments.
+
+(3) Public availability.— (A) In general.— The Director shall make available to the public a list of each major information technology investment, without regard to whether the investments are for new information technology acquisitions or for operations and maintenance of existing information technology, including data on cost, schedule, and performance.
+
+(B) Agency information.— (i) The Director shall issue guidance to each covered agency for reporting of data required by subparagraph (A) that provides a standardized data template that can be incorporated into existing, required data reporting formats and processes. Such guidance shall integrate the reporting process into current budget reporting that each covered agency provides to the Office of Management and Budget, to minimize additional workload. Such guidance shall also clearly specify that the investment evaluation required under subparagraph (C) adequately reflect the investment’s cost and schedule performance and employ incremental development approaches in appropriate cases.
+
+(ii) The Chief Information Officer of each covered agency shall provide the Director with the information described in subparagraph (A) on at least a semi-annual basis for each major information technology investment, using existing data systems and processes.
+
+(C) Investment evaluation.— For each major information technology investment listed under subparagraph (A), the Chief Information Officer of the covered agency, in consultation with other appropriate agency officials, shall categorize the investment according to risk, in accordance with guidance issued by the Director.
+
+(D) Continuous improvement.— If either the Director or the Chief Information Officer of a covered agency determines that the information made available from the agency’s existing data systems and processes as required by subparagraph (B) is not timely and reliable, the Chief Information Officer, in consultation with the Director and the head of the agency, shall establish a program for the improvement of such data systems and processes.
+
+(E) Waiver or limitation authority.— The applicability of subparagraph (A) may be waived or the extent of the information may be limited by the Director, if the Director determines that such a waiver or limitation is in the national security interests of the United States.
+
+(F) Additional limitation.— The requirements of subparagraph (A) shall not apply to national security systems or to telecommunications or information technology that is fully funded by amounts made available—
+
+(i) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
+
+(ii) under the Military Intelligence Program or any successor program or programs; or
+
+(iii) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
+
+(4) Risk management.— For each major information technology investment listed under paragraph (3)(A) that receives a high risk rating, as described in paragraph (3)(C), for 4 consecutive quarters—
+
+(A) the Chief Information Officer of the covered agency and the program manager of the investment within the covered agency, in consultation with the Administrator of the Office of Electronic Government, shall conduct a review of the investment that shall identify—
+
+(i) the root causes of the high level of risk of the investment;
+
+(ii) the extent to which these causes can be addressed; and
+
+(iii) the probability of future success;
+
+(B) the Administrator of the Office of Electronic Government shall communicate the results of the review under subparagraph (A) to—
+
+(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
+
+(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
+
+(iii) the committees of the Senate and the House of Representatives with primary jurisdiction over the agency;
+
+(C) in the case of a major information technology investment of the Department of Defense, the assessment required by subparagraph (A) may be accomplished in accordance with section 2445c 1 of title 10, provided that the results of the review are provided to the Administrator of the Office of Electronic Government upon request and to the committees identified in subsection (B); and
+
+(D) for a covered agency other than the Department of Defense, if on the date that is one year after the date of completion of the review required under subsection (A), the investment is rated as high risk under paragraph (3)(C), the Director shall deny any request for additional development, modernization, or enhancement funding for the investment until the date on which the Chief Information Officer of the covered agency determines that the root causes of the high level of risk of the investment have been addressed, and there is sufficient capability to deliver the remaining planned increments within the planned cost and schedule.
+
+(5) Report to congress.— At the same time that the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, the Director shall submit to Congress a report on the net program performance benefits achieved as a result of major capital investments made by executive agencies for information systems and how the benefits relate to the accomplishment of the goals of the executive agencies.
+
+(d) Information Technology Standards.— The Director shall oversee the development and implementation of standards and guidelines pertaining to federal computer systems by the Secretary of Commerce through the National Institute of Standards and Technology under section 11331 of this title 1 and section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3).
+
+(e) Designation of Executive Agents for Acquisitions.— The Director shall designate the head of one or more executive agencies, as the Director considers appropriate, as executive agent for Government-wide acquisitions of information technology.
+
+(f) Use of Best Practices in Acquisitions.— The Director shall encourage the heads of the executive agencies to develop and use the best practices in the acquisition of information technology.
+
+(g) Assessment of Other Models for Managing Information Technology.— On a continuing basis, the Director shall assess the experiences of executive agencies, state and local governments, international organizations, and the private sector in managing information technology.
+
+(h) Comparison of Agency Uses of Information Technology.— The Director shall compare the performances of the executive agencies in using information technology and shall disseminate the comparisons to the heads of the executive agencies.
+
+(i) Monitoring Training.— The Director shall monitor the development and implementation of training in information resources management for executive agency personnel.
+
+(j) Informing Congress.— The Director shall keep Congress fully informed on the extent to which the executive agencies are improving the performance of agency programs and the accomplishment of the agency missions through the use of the best practices in information resources management.
+
+(k) Coordination of Policy Development and Review.— The Director shall coordinate with the Office of Federal Procurement Policy the development and review by the Administrator of the Office of Information and Regulatory Affairs of policy associated with federal acquisition of information technology.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237; Pub. L. 108–458, title VIII, § 8401(1), (2), Dec. 17, 2004, 118 Stat. 3869; Pub. L. 113–291, div. A, title VIII, § 832, Dec. 19, 2014, 128 Stat. 3440; Pub. L. 115–88, § 2, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, § 819(a), Dec. 12, 2017, 131 Stat. 1464.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1130240:1412.Pub. L. 104–106, div. E, title LI, § 5112, Feb. 10, 1996, 110 Stat. 680.
+
+Editorial Notes
+
+References in TextSection 3542 of title 44, referred to in subsec. (c)(1)(C), was repealed by Pub. L. 113–283, § 2(a), Dec. 18, 2014, 128 Stat. 3073. See section 3552 of Title 44, Public Printing and Documents. Section 2445c of title 10, referred to in subsec. (c)(4)(C), was repealed by Pub. L. 114–328, div. A, title VIII, § 846(1), Dec. 23, 2016, 130 Stat. 2292. The text of section 11331 of this title, referred to in subsec. (d), was generally amended by Pub. L. 117–167, div. B, title II, § 10246(f), Aug. 9, 2022, 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems.
+
+Amendments2017—Subsec. (c)(5). Pub. L. 115–88 and Pub. L. 115–91 amended subsec. (c) identically, striking out par. (5) relating to sunset of certain provisions. Text read as follows: “Paragraphs (1), (3), and (4) shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.” 2014—Subsec. (c). Pub. L. 113–291 added pars. (1), (3), (4), and par. (5) relating to sunset of certain provisions and redesignated former pars. (1) and (2) as par. (2) and par. (5) relating to report to Congress, respectively. 2004—Subsec. (b). Pub. L. 108–458, § 8401(1), inserted “security,” after “use,”. Subsec. (c)(1). Pub. L. 108–458, § 8401(2), inserted “, including information security risks,” after “evaluating the risks” and “costs, benefits, and risks”.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
+
+Management of Software LicensesPub. L. 114–210, July 29, 2016, 130 Stat. 824, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016’ or the ‘MEGABYTE Act of 2016’. “SEC. 2. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.“(a) Definition.—In this section—“(1) the term ‘Director’ means the Director of the Office of Management and Budget; and “(2) the term ‘executive agency’ has the meaning given that term in section 105 of title 5, United States Code. “(b) OMB Directive.—The Director shall issue a directive to require the Chief Information Officer of each executive agency to develop a comprehensive software licensing policy, which shall—“(1) identify clear roles, responsibilities, and central oversight authority within the executive agency for managing enterprise software license agreements and commercial software licenses; and “(2) require the Chief Information Officer of each executive agency to—“(A) establish a comprehensive inventory, including 80 percent of software license spending and enterprise licenses in the executive agency, by identifying and collecting information about software license agreements using automated discovery and inventory tools; “(B) regularly track and maintain software licenses to assist the executive agency in implementing decisions throughout the software license management life cycle; “(C) analyze software usage and other data to make cost-effective decisions; “(D) provide training relevant to software license management; “(E) establish goals and objectives of the software license management program of the executive agency; and “(F) consider the software license management life cycle phases, including the requisition, reception, deployment and maintenance, retirement, and disposal phases, to implement effective decisionmaking and incorporate existing standards, processes, and metrics. “(c) Report on Software License Management.—“(1) In general.—Beginning in the first fiscal year beginning after the date of enactment of this Act [July 29, 2016], and in each of the following 5 fiscal years, the Chief Information Officer of each executive agency shall submit to the Director a report on the financial savings or avoidance of spending that resulted from improved software license management. “(2) Availability.—The Director shall make each report submitted under paragraph (1) publically available.”
+
+Appropriate Use of Requirements Regarding Experience and Education of Contractor Personnel in the Procurement of Information Technology ServicesPub. L. 106–398, § 1 [[div. A], title VIII, § 813], Oct. 30, 2000, 114 Stat. 1654, 1654A–214, provided that: “(a) Amendment of the Federal Acquisition Regulation.—Not later than 180 days after the date of the enactment of this Act [Oct. 30, 2000], the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 405 and 421) [see 41 U.S.C. 1121, 1303] shall be amended to address the use, in the procurement of information technology services, of requirements regarding the experience and education of contractor personnel. “(b) Content of Amendment.—The amendment issued pursuant to subsection (a) shall, at a minimum, provide that solicitations for the procurement of information technology services shall not set forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for award of a contract unless—“(1) the contracting officer first determines that the needs of the executive agency cannot be met without any such requirement; or “(2) the needs of the executive agency require the use of a type of contract other than a performance-based contract. “(c) GAO Report.—Not later than one year after the date on which the regulations required by subsection (a) are published in the Federal Register, the Comptroller General shall submit to Congress an evaluation of—“(1) executive agency compliance with the regulations; and “(2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General considers appropriate. “(d) Definitions.—In this section:“(1) The term ‘executive agency’ has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (former 41 U.S.C. 403(1)) [now 41 U.S.C. 133]. “(2) The term ‘information technology’ has the meaning given that term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)) [now 40 U.S.C. 11101(6)]. “(3) The term ‘performance-based’, with respect to a contract, means that the contract includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes.”
@@ -0,0 +1,71 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11303"
+description: "Performance-based and results-based management"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11303"
+citation: "40 U.S.C. § 11303"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11303"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11303 - Performance-based and results-based management
+
+## Text
+
+(a) In General.— The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under section 3504(h) of title 44.
+
+(b) Evaluation of Agency Programs and Investments.— (1) Requirement.— The Director shall evaluate the information resources management practices of the executive agencies with respect to the performance and results of the investments made by the executive agencies in information technology.
+
+(2) Direction for executive agency action.— The Director shall issue to the head of each executive agency clear and concise direction that the head of each agency shall—
+
+(A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in information systems;
+
+(B) determine, before making an investment in a new information system—
+
+(i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or
+
+(ii) whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel;
+
+(C) 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 those missions; and
+
+(D) ensure that the information security policies, procedures, and practices are adequate.
+
+(3) Guidance for multiagency investments.— The direction issued under paragraph (2) shall include guidance for undertaking efficiently and effectively interagency and Federal Government-wide investments in information technology to improve the accomplishment of missions that are common to the executive agencies.
+
+(4) Periodic reviews.— The Director shall implement through the budget process periodic reviews of selected information resources management activities of the executive agencies to ascertain the efficiency and effectiveness of information technology in improving the performance of the executive agency and the accomplishment of the missions of the executive agency.
+
+(5) Enforcement of accountability.— (A) In general.— The Director may take any action that the Director considers appropriate, including an action involving the budgetary process or appropriations management process, to enforce accountability of the head of an executive agency for information resources management and for the investments made by the executive agency in information technology.
+
+(B) Specific actions.— Actions taken by the Director may include—
+
+(i) recommending a reduction or an increase in the amount for information resources that the head of the executive agency proposes for the budget submitted to Congress under section 1105(a) of title 31;
+
+(ii) reducing or otherwise adjusting apportionments and reapportionments of appropriations for information resources;
+
+(iii) using other administrative controls over appropriations to restrict the availability of amounts for information resources; and
+
+(iv) designating for the executive agency an executive agent to contract with private sector sources for the performance of information resources management or the acquisition of information technology.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1238.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1130340:1413.Pub. L. 104–106, div. E, title LI, § 5113, Feb. 10, 1996, 110 Stat. 681.
@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11311"
+description: "Responsibilities"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11311"
+citation: "40 U.S.C. § 11311"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11311"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11311 - Responsibilities
+
+## Text
+
+In fulfilling the responsibilities assigned under chapter 35 of title 44, the head of each executive agency shall comply with this subchapter with respect to the specific matters covered by this subchapter.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131140:1421.Pub. L. 104–106, div. E, title LI, § 5121, Feb. 10, 1996, 110 Stat. 683.
+
+Statutory Notes and Related Subsidiaries
+
+Procurement of Automatic Data Processing Equipment for Tax Systems Modernization Program; Delegation of AuthorityPub. L. 104–52, title V, § 526, Nov. 19, 1995, 109 Stat. 495, provided that: “Notwithstanding any other provision of law, the Administrator of General Services shall delegate the authority to procure automatic data processing equipment for the Tax Systems Modernization Program to the Secretary of the Treasury: Provided, That the Director of the Office of Management and Budget shall have the authority to revoke such delegation upon the written recommendation of the Administrator that the Secretary’s actions under such delegation are inconsistent with the goals of economic and efficient procurement and utilization of automatic data processing equipment: Provided further, That for all other purposes, a procurement conducted under such delegation shall be treated as if made under a delegation by the Administrator pursuant to [former] 40 U.S.C. 759.”
@@ -0,0 +1,57 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11312"
+description: "Capital planning and investment control"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11312"
+citation: "40 U.S.C. § 11312"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11312"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
+source_hash: "2e355718340363a0ca36475a4d6ebb86b8e5c0737739009b3f47b074881745e1"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11312 - Capital planning and investment control
+
+## Text
+
+(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.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108–458, title VIII, § 8401(3), Dec. 17, 2004, 118 Stat. 3869.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131240:1422.Pub. L. 104–106, div. E, title LI, § 5122, Feb. 10, 1996, 110 Stat. 683.
+
+Editorial Notes
+
+Amendments2004—Subsec. (b)(1). Pub. L. 108–458 substituted “investments in information technology (including information security needs)” for “information technology investments”.
@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11313"
+description: "Performance and results-based management"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11313"
+citation: "40 U.S.C. § 11313"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11313"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+text_hash: "410f80c9d134066bfb866b06d4d16a9989b5560d19576390eb79bfb2e694f7f9"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11313 - Performance and results-based management
+
+## Text
+
+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.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131340:1423.Pub. L. 104–106, div. E, title LI, § 5123, Feb. 10, 1996, 110 Stat. 683.
@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11314"
+description: "Authority to acquire and manage information technology"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11314"
+citation: "40 U.S.C. § 11314"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11314"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11314 - Authority to acquire and manage information technology
+
+## Text
+
+(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.
+
+(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.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131440:1424.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
+
+Amendments2018—Subsec. (a)(3). Pub. L. 115–232 substituted “products” for “items” wherever appearing.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2018 AmendmentAmendment 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.
@@ -0,0 +1,49 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11316"
+description: "Accountability"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11316"
+citation: "40 U.S.C. § 11316"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11316"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11316 - Accountability
+
+## Text
+
+The head of each executive agency, in consultation with the Chief Information Officer and the Chief Financial Officer of that executive agency (or, in the case of an executive agency without a chief financial officer, any comparable official), shall establish policies and procedures to ensure that—
+
+(1) the accounting, financial, asset management, and other information systems of the executive agency are designed, developed, maintained, and used effectively to provide financial or program performance data for financial statements of the executive agency;
+
+(2) financial and related program performance data are provided on a reliable, consistent, and timely basis to executive agency financial management systems; and
+
+(3) financial statements support—
+
+(A) assessments and revisions of mission-related processes and administrative processes of the executive agency; and
+
+(B) measurement of the performance of investments made by the agency in information systems.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131640:1426.Pub. L. 104–106, div. E, title LI, § 5126, Feb. 10, 1996, 110 Stat. 686.
@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11317"
+description: "Significant deviations"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11317"
+citation: "40 U.S.C. § 11317"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11317"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
+source_hash: "aee655acb88803f85129b59cd9e0fc0780a936fa18dd1172b0654a22c6cc6424"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11317 - Significant deviations
+
+## Text
+
+The head of each executive agency shall identify in the strategic information resources management plan required under section 3506(b)(2) of title 44 any major information technology acquisition program, or any phase or increment of that program, that has significantly deviated from the cost, performance, or schedule goals established for the program.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131740:1427.Pub. L. 104–106, div. E, title LI, § 5127, Feb. 10, 1996, 110 Stat. 687.
@@ -0,0 +1,39 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11318"
+description: "Interagency support"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11318"
+citation: "40 U.S.C. § 11318"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11318"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
+source_hash: "b876a2fc4e001b316a7f61da9e0410a685862ce1ff5aaf14c0f2bf5ebc121f52"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11318 - Interagency support
+
+## Text
+
+The head of an executive agency may use amounts available to the agency for oversight, acquisition, and procurement of information technology to support jointly with other executive agencies the activities of interagency groups that are established to advise the Director of the Office of Management and Budget in carrying out the Director’s responsibilities under this chapter. The use of those amounts for that purpose is subject to requirements and limitations on uses and amounts that the Director may prescribe. The Director shall prescribe the requirements and limitations during the Director’s review of the executive agency’s proposed budget submitted to the Director by the head of the executive agency for purposes of section 1105 of title 31.
+
+(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131840:1428.Pub. L. 104–106, div. E, title LI, § 5128, Feb. 10, 1996, 110 Stat. 687.
@@ -0,0 +1,117 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11319"
+description: "Resources, planning, and portfolio management"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11319"
+citation: "40 U.S.C. § 11319"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11319"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
+source_hash: "3d5d397e198f91878fade7eaf248a0efabcc1f292a94bc1294aaadcaf6a088cc"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11319 - Resources, planning, and portfolio management
+
+## Text
+
+(a) Definitions.— In this section:
+
+(1) The term “covered agency” means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
+
+(2) The term “information technology” has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
+
+(b) Additional Authorities for Chief Information Officers.— (1) Planning, programming, budgeting, and execution authorities for cios.— (A) In general.— The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in—
+
+(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
+
+(ii) the management, governance, and oversight processes related to information technology.
+
+(B) Budget formulation.— The Director of the Office of Management and Budget shall require in the annual information technology capital planning guidance of the Office of Management and Budget the following:
+
+(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
+
+(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
+
+(C) Review.— (i) In general.— A covered agency other than the Department of Defense—
+
+(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
+
+(II) may not request the reprogramming of any funds made available for information technology programs, unless the request has been reviewed and approved by the Chief Information Officer of the agency; and
+
+(III) may use the governance processes of the agency to approve such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
+
+(ii) Delegation.— (I) In general.— Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.
+
+(II) Non-major information technology investments.— For a contract or agreement for a non-major information technology investment, as defined in the annual information technology capital planning guidance of the Office of Management and Budget, the Chief Information Officer of a covered agency other than the Department of Defense may delegate the approval of the contract or agreement under clause (i) to an individual who reports directly to the Chief Information Officer.
+
+(2) Personnel-related authority.— Notwithstanding any other provision of law, for each covered agency other than the Department of Defense, the Chief Information Officer of the covered agency shall approve the appointment of any other employee with the title of Chief Information Officer, or who functions in the capacity of a Chief Information Officer, for any component organization within the covered agency.
+
+(c) Limitation.— None of the authorities provided in this section shall apply to telecommunications or information technology that is fully funded by amounts made available—
+
+(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
+
+(2) under the Military Intelligence Program or any successor program or programs; or
+
+(3) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
+
+(d) Information Technology Portfolio, Program, and Resource Reviews.— (1) Process.— The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall implement a process to assist covered agencies in reviewing their portfolio of information technology investments—
+
+(A) to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;
+
+(B) to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;
+
+(C) to identify potential duplication and waste;
+
+(D) to identify potential cost savings;
+
+(E) to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;
+
+(F) to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;
+
+(G) to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and
+
+(H) to carry out any other goals that the Director may establish.
+
+(2) Metrics and performance indicators.— The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall develop standardized cost savings and cost avoidance metrics and performance indicators for use by agencies for the process implemented under paragraph (1).
+
+(3) Annual review.— The Chief Information Officer of each covered agency, in conjunction with the Chief Operating Officer or Deputy Secretary (or equivalent) of the covered agency and the Administrator of the Office of Electronic Government, shall conduct an annual review of the information technology portfolio of the covered agency.
+
+(4) Applicability to the department of defense.— In the case of the Department of Defense, processes established pursuant to this subsection shall apply only to the business systems information technology portfolio of the Department of Defense and not to national security systems as defined by section 11103(a) of this title. The annual review required by paragraph (3) shall be carried out by the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and other appropriate Department of Defense officials. The Secretary of Defense may designate an existing investment or management review process to fulfill the requirement for the annual review required by paragraph (3), in consultation with the Administrator of the Office of Electronic Government.
+
+(5) Quarterly reports.— (A) In general.— The Administrator of the Office of Electronic Government shall submit a quarterly report on the cost savings and reductions in duplicative information technology investments identified through the review required by paragraph (3) to—
+
+(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
+
+(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
+
+(iii) upon a request by any committee of Congress, to that committee.
+
+(B) Inclusion in other reports.— The reports required under subparagraph (A) may be included as part of another report submitted to the committees of Congress described in clauses (i), (ii), and (iii) of subparagraph (A).
+
+(Added and amended Pub. L. 113–291, div. A, title VIII, §§ 831(a), 833, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3438, 3442, 3469; Pub. L. 115–88, § 3, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, § 819(b), title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1464, 1597; Pub. L. 115–232, div. A, title X, § 1081(f)(1)(A)(iii), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 116–92, div. A, title IX, § 902(87), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 118–31, div. A, title IX, § 901(f), Dec. 22, 2023, 137 Stat. 355.)
+
+## Notes
+
+Editorial Notes
+
+Amendments2023—Subsec. (d)(4). Pub. L. 118–31 substituted “the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and” for “the Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, and”. 2019—Subsec. (d)(4). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2018—Subsec. (d)(4). Pub. L. 115–232 substituted “Chief Management Officer” for “Deputy Chief Management Officer”. 2017—Subsecs. (c), (d). Pub. L. 115–88, § 3(1), and Pub. L. 115–91, § 819(b)(1), amended section identically, redesignating subsec. (c) relating to information technology portfolio, program, and resource reviews as (d). Subsec. (d)(6). Pub. L. 115–88, § 3(2), and Pub. L. 115–91, § 819(b)(2), amended subsec. (d) identically, striking out par. (6). Text read as follows: “This subsection shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015.” 2014—Subsec. (c). Pub. L. 113–291, § 833, added subsec. (c) relating to information technology portfolio, program, and resource reviews.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
@@ -0,0 +1,37 @@
+---
+type: "LegalText"
+title: "40 U.S.C. § 11332"
+description: "Repealed. Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 40
+title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
+chapter_number: "113"
+chapter_name: "RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY"
+section: "11332"
+citation: "40 U.S.C. § 11332"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip"
+source_identifier: "/us/usc/t40/s11332"
+source_file: "data/legal/raw/us/code/title-40/usc40.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 40 U.S.C. § 11332 - Repealed. Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960]
+
+## Notes
+
+Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of RepealRepeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effective Date of 2002 Amendments note under section 3504 of Title 44, Public Printing and Documents. Repeal by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.