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Title 40 — Public Buildings, Property, and Works

Chapter 113 — Responsibility for Acquisitions of Information Technology

§ 11312. Capital planning and investment control

Statutory 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 107–217 · 116 Stat. 1062

    Enacted · 40 U.S.C. § 11312

    Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239

    Source evidence

    Code source credit
    Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239

  2. Intelligence Reform and Terrorism Prevention Act of 2004

    Pub. L. 108–458 title VIII § 8401(3) · 118 Stat. 3638

    Substituted · 40 U.S.C. § 11312(b)(1)

    Pub. L. 108–458 substituted “investments in information technology (including information security needs)” for “information technology investments”

    Source evidence

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

    Enacted provision · exact public law section
    (3) in section 11312(b)(1), by striking “information technology investments” and inserting “investments in information technology (including information security needs)”; and

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
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

Amendments

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

Credits

2002–2004 · 2 acts
  1. 2002Pub. L. 107–217, , 116 Stat. 1239
  2. 2004Pub. L. 108–458, title VIII, § 8401(3), , 118 Stat. 3869.
Show as published

(Pub. L. 107–217, , 116 Stat. 1239; Pub. L. 108–458, title VIII, § 8401(3), , 118 Stat. 3869.)

Parsed from the official OLRC USLM XML in data/usc_all/usc40.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t40/s11312