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40 U.S.C. § 11312 — Capital planning and investment control
Federal law — U.S. Code and appendices · legal_authorities
**(a) Design of Process.—** In fulfilling the responsibilities assigned under [section 3506(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3506/h&num=0&edition=prelim), 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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11312
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Source file: Laws/federal/codes/united-states-code/title-40/section-11312-capital-planning-and-investment-control--ae2bd5a44c.md
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Source location: Title 40, Chapter 113, § 11312; chapter-113-responsibility-for-acquisitions-of-information-technology.md
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**(a) Design of Process.—** In fulfilling the responsibilities assigned under [section 3506(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3506/h&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidance in Federal Acquisition Regulation.—** The Federal Acquisition Regulation issued in accordance with sections 1121(b) and 1303(a)(1) of this title shall provide guidance to agencies on the appropriate use of task and delivery order contracts in accordance with this chapter and chapter 245 of title 10.
**(b) Content of Regulations.—** The regulations issued pursuant to subsection (a) at a minimum shall provide specific guidance on—
(1) the appropriate use of Government-wide and other multiagency contracts entered into in accordance with this chapter and chapter 245 of title 10; and
(2) steps that agencies should take in entering into and administering multiple award task and delivery order contracts to ensure compliance with the requirement in—
(A) [section 11312 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11312&num=0&edition=prelim) for capital planning and investment control in purchases of information technology products and services;
(B) [section 4106(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106/c&num=0&edition=prelim) and [section 3406(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406/c&num=0&edition=prelim) to ensure that all contractors are afforded a fair opportunity to be considered for the award of task and delivery orders; and
(C) [section 4106(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106/e&num=0&edition=prelim) and [section 3406(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406/e&num=0&edition=prelim) for a statement of work in each task or delivery order issued that clearly specifies all tas
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on obligation of funds**
(1) Subject to paragraph (3), no funds appropriated to any element of the intelligence community may be obligated for an intelligence community business system transformation that will have a total cost in excess of $3,000,000 unless—
(A) the Director of the Office of Business Transformation of the Office of the Director of National Intelligence makes a certification described in paragraph (2) with respect to such intelligence community business system transformation; and
(B) such certification is approved by the board established under subsection (f).
(2) The certification described in this paragraph for an intelligence community business system transformation is a certification made by the Director of the Office of Business Transformation of the Office of the Director of National Intelligence that the intelligence community business system transformation—
(A) complies with the enterprise architecture under subsection (b) and such other policies and standards that the Director of National Intelligence considers appropriate; or
(B) is necessary—
(i) to achieve a critical national security capability or address a critical requirement; or
(ii) to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration any alternative solutions for preventing such adverse effect.
(3) With respect to a fiscal year after fiscal year 2010, the amount referred to in paragraph (1) in the matter preceding subparagraph (A) shall be equal to the sum of—
(A) the amount in effect under such paragraph (1) for the preceding fiscal year (determined after application of this paragraph), plus
(B) such amount multiplied by the annual percentage increase in the con
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3105a
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Federal law — U.S. Code and appendices · legal_authorities
Page 230
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 11311
cies to ascertain the efficiency and effective-
ness of information technology in improving
the performance of the executive agency and
the accomplishment of the missions of the ex-
ecutive agency.
(5) ENFORCEMENT OF ACCOUNTABILITY.—
(A) IN GENERAL.—The Director may take
any action that the Director considers ap-
propriate, including an action involving the
budgetary process or appropriations man-
agement process, to enforce accountability
of the head of an executive agency for infor-
mation 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 in-
crease in the amount for information re-
sources 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 ap-
portionments and reapportionments of ap-
propriations for information resources;
(iii) using other administrative controls
over appropriations to restrict the avail-
ability of amounts for information re-
sources; and
(iv) designating for the executive agency
an executive agent to contract with pri-
vate 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.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11303 ..........
40:1413.
Pub. L. 104–106, div. E, title
LI, § 5113, Feb. 10, 1996, 110
Stat. 681.
SUBCHAPTER II—EXECUTIVE AGENCIES
§ 11311. Responsibilities
In fulfilling the responsibilities assigned under
chapter 35 of title
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 11312
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