Arkansas Legal Resource Navigator

40 U.S.C. § 11101 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11101 — Definitions

In this subtitle, the following definitions apply: (1) **Commercial product.—** — The term “commercial product” has the meaning given that term in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim). (2) **Executive agency.—** — The term “executive agency” has the meaning given that term in [section 133 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim). (3) **Information resources.—** — The term “information resources” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (4) **Information resources management.—** — The term “information resources management” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (5) **Information system.—** — The term “information system” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (6) **Information technology.—** — The term “information technology”— (A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) of that equipment;

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11101

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: d0b560385fa0ac3f5a9af3628d4f8b374f9fe4bf23a627cd1a006b48770aa391. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_259db54eac91cd9902b60d0a
Source file: Laws/federal/codes/united-states-code/title-40/section-11101-definitions--64024f321c.md
Pages: Not recorded – Not recorded
Passage SHA-256: de2a06755812da77b41ece95841c6a6cf5c3b6e0aa3343371b0d608c1eb49cc5

Source location: Title 40, Chapter 111, § 11101; chapter-111-general.md

Stored source content

In this subtitle, the following definitions apply: (1) **Commercial product.—** — The term “commercial product” has the meaning given that term in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim). (2) **Executive agency.—** — The term “executive agency” has the meaning given that term in [section 133 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim). (3) **Information resources.—** — The term “information resources” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (4) **Information resources management.—** — The term “information resources management” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (5) **Information system.—** — The term “information system” has the meaning given that term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (6) **Information technology.—** — The term “information technology”— (A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) of that equipment; or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product; (B) includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but (C) does not include any equipment acquired by a federal contractor incidental to a federal contract.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3502 — Definitions

As used in this subchapter— (1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include— (A) the Government Accountability Office; (B) Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for— (A) reviewing instructions; (B) acquiring, installing, and utilizing technology and systems; (C) adjusting the existing ways to comply with any previously applicable instructions and requirements; (D) searching data sources; (E) completing and reviewing the collection of information; and (F) transmitting, or otherwise disclosing the information; (3) the term “collection of information”— (A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either— (i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to agencies, ins

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3502

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 103 — Commercial product

In this subtitle, the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. (3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— (A) modifications of a type customarily available in the commercial marketplace; or (B) minor modifications made to meet Federal Government requirements. (4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. (5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— (A) the product was developed exclusively at private expense; and (B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 133 — Executive agency

In division B, the term “executive agency” means— (1) an executive department specified in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim); (2) a military department specified in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim); (3) an independent establishment as defined in [section 104(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section104/1&num=0&edition=prelim); and (4) a wholly owned Government corporation fully subject to chapter 91 of title 31.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 133

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1498 — Patent and copyright cases

**(a)** Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owner’s reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 11 So in original. Probably should be “Notwithstanding”. the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensation shall not include such costs and fees if the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in t

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1498

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 142 — Chief Information Officer

**(a)** There is a Chief Information Officer of the Department of Defense, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer. **(b)** (1) The Chief Information Officer of the Department of Defense— (A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44; (B) has the responsibilities and duties specified in sections 11315 and 11319 of title 40; (C) has the responsibilities specified for the Chief Information Officer in sections 2223(a) and 2224 of this title; (D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program; (E) exercises authority, direction, and control over the Defense Information Systems Agency, or any successor organization; (F) has the responsibilities for policy, oversight, guidance, and coordination for all Department of Defense matters related to electromagnetic spectrum, including coordination with other Federal and industry agencies, coordination for classified programs, and in coordination with the Under Secretary for Personnel and Readiness, policies related to spectrum management workforce; (G) has the responsibilities for policy, oversight, and guidance for matters related to precision navigation and timing; and (H) has the responsibilities for policy, oversight, and guidance for the architecture and programs related to the information technology, networking, information assurance, cybersecurity, and cyber capability architectures of the Department. (2) (A) The Secretary of Defe

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 142

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1723 — General education, training, and experience requirements

**(a) Qualification Requirements.—** (1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition. (2) In establishing such requirements for positions other than critical acquisition positions designated pursuant to [section 1731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim), the Secretary may state the requirements by categories of positions. (3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for continuing education and periodic renewal of an individual’s certification. **(b) Career Path Requirements.—** For each career path, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for the completion of course work and related on-the-job training and demonstration of qualifications in duties and tasks of the career path. The Secretary of Defense, acting through the Under Secretary, shall also— (1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-d

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1723

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2222 — Defense business systems: business process reengineering; enterprise architecture; management

**(a) Defense Business Processes Generally.—** The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems. **(b) Defense Business Systems Generally.—** The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense— (1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering; (2) is integrated into a comprehensive defense business enterprise architecture; (3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and (4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices. **(c) Issuance of Guidance.—** (1) **Secretary of defense guidance.—** — The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems. (2) **Supporting guidance.—** — The Secretary shall direct the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1). **(d) Guidance Elements.—** The guidance issued under subsection (c) shall include the following elements: (1) Policy to ensure that

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2222

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), 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 nation

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2223

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2224 — Defense Information Assurance Program

**(a) Defense Information Assurance Program.—** The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis. **(b) Objectives of the Program.—** The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure. **(c) Program Strategy.—** In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following: (1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces. (2) Development of essential information assurances technologies and programs. (3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare. (4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure. (5) The conduct of exercises, war games, simulatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2224

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.