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40 U.S.C. § 11314 — Authority to acquire and manage information technology
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_42c085c16372daa1347a838c
Source file: Laws/federal/codes/united-states-code/title-40/section-11314-authority-to-acquire-and-manage-information-technology--3cda0169d1.md
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Source location: Title 40, Chapter 113, § 11314; chapter-113-responsibility-for-acquisitions-of-information-technology.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Description.—** For purposes of this section, the acquisition workforce of an agency consists of all employees serving in acquisition positions listed in subsection (g)(1)(A).
**(b) Applicability.—**
(1) **Nonapplicability to certain executive agencies.—** — Except as provided in subsection (i), this section does not apply to an executive agency that is subject to chapter 87 of title 10.
(2) **Applicability of programs.—** — The programs established by this section apply to the acquisition workforce of each executive agency.
**(c) Management Policies.—**
(1) **Duties of head of executive agency.—**
(A) *Establish policies and procedures.—* — After consultation with the Administrator, the head of each executive agency shall establish policies and procedures for the effective management (including accession, education, training, career development, and performance incentives) of the acquisition workforce of the agency. The development of acquisition workforce policies under this section shall be carried out consistent with the merit system principles set forth in [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim).
(B) *Ensure uniform implementation.—* — The head of each executive agency shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established are uniform in their implementation throughout the agency.
(2) **Duties of administrator.—**
(A) *In general.—* — The Administrator shall issue policies to promote uniform implementation of this section by executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrat
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1703
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Federal law — U.S. Code and appendices · legal_authorities
Page 231
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 11315
mation security needs)’’ for ‘‘information technology
investments’’.
§ 11313. Performance and results-based manage-
ment
In fulfilling the responsibilities under section
3506(h) of title 44, the head of an executive agen-
cy shall—
(1) establish goals for improving the effi-
ciency and effectiveness of agency operations
and, as appropriate, the delivery of services to
the public through the effective use of infor-
mation 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 tech-
nology used by, or to be acquired for, the ex-
ecutive agency; and
(B) measure how well the information
technology supports programs of the execu-
tive agency;
(4) where comparable processes and organi-
zations in the public or private sectors exist,
quantitatively benchmark agency process per-
formance against those processes in terms of
cost, speed, productivity, and quality of out-
puts 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 in-
formation 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 exec-
utive agency are adequate.
(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, Fe
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 11314
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