40 U.S.C. § 11314 — Authority to acquire and manage infor-

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, Feb. 10, 1996, 110 Stat. 683. § 11314. Authority to acquire and manage infor- mation technology (a) IN GENERAL.—The authority of the head of an executive agency to acquire information technology includes— (1) acquiring information technology as au- thorized by law; (2) making a contract that provides for multiagency acquisitions of information tech- nology 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 ad- vantageous for the Federal Government to do so, making a multiagency contract for pro- curement of commercial products of informa- tion technology that requires each executive agency covered by the contract, when pro- curing those products, to procure the products under that contract or to justify an alter- native 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11314 .......... 40:1424. 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 AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–232 substituted ‘‘prod- ucts’’ for ‘‘items’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 11315. Agency Chief Information Officer (a) DEFINITION.—In this section, the term ‘‘in- formation technology architecture’’, with re- spect to an executive agency, means an inte- grated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the agency’s strategic goals and information re- sources management goals. (b) GENERAL RESPONSIBILITIES.—The Chief In- formation Officer of an executive agency is re- sponsible for— (1) providing advice and other assistance to the head of the executive agency and other senior management personnel of the executive agency to ensure that information technology is acquired and information resources are managed for the executive agency in a manner that implements the policies and procedures of this subtitle, consistent with chapter 35 of title 44 and the priorities established by the head of the executive agency; (2) developing, maintaining, and facilitating the implementation of a sound, secure, and in- tegrated information technology architecture for the executive agency; and (3) promoting the effective and efficient de- sign and operation of all major information re- sources management processes for the execu- tive agency, including improvements to work processes of the executive agency. (c) DUTIES AND QUALIFICATIONS.—The Chief In- formation Officer of an agency listed in section 901(b) of title 31— (1) has information resources management duties as that official’s primary duty; (2) monitors the performance of information technology programs of the agency, evaluates