SUBCHAPTER II—EXECUTIVE AGENCIES
§11311. Responsibilities
In fulfilling the responsibilities assigned under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11311 | 40:1421. |
Statutory Notes and Related Subsidiaries
Procurement of Automatic Data Processing Equipment for Tax Systems Modernization Program; Delegation of Authority
§11312. Capital planning and investment control
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11312 | 40:1422. |
Editorial Notes
Amendments
2004—Subsec. (b)(1).
§11313. Performance and results-based management
In fulfilling the responsibilities under
(1) establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of information 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 technology used by, or to be acquired for, the executive agency; and
(B) measure how well the information technology supports programs of the executive agency;
(4) where comparable processes and organizations in the public or private sectors exist, quantitatively benchmark agency process performance against those processes in terms of cost, speed, productivity, and quality of outputs 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 information 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 executive agency are adequate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11313 | 40:1423. |
§11314. Authority to acquire and manage information technology
(a)
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11314 | 40:1424. |
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§11315. Agency Chief Information Officer
(a)
(b)
(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
(2) developing, maintaining, and facilitating the implementation of a sound, secure, and integrated information technology architecture for the executive agency; and
(3) promoting the effective and efficient design and operation of all major information resources management processes for the executive agency, including improvements to work processes of the executive agency.
(c)
(1) has information resources management duties as that official's primary duty;
(2) monitors the performance of information technology programs of the agency, evaluates the performance of those programs on the basis of the applicable performance measurements, and advises the head of the agency regarding whether to continue, modify, or terminate a program or project; and
(3) annually, as part of the strategic planning and performance evaluation process required (subject to
(A) assesses the requirements established for agency personnel regarding knowledge and skill in information resources management and the adequacy of those requirements for facilitating the achievement of the performance goals established for information resources management;
(B) assesses the extent to which the positions and personnel at the executive level of the agency and the positions and personnel at management level of the agency below the executive level meet those requirements;
(C) develops strategies and specific plans for hiring, training, and professional development to rectify any deficiency in meeting those requirements; and
(D) reports to the head of the agency on the progress made in improving information resources management capability.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11315 | 40:1425(b)–(d). |
In subsection (c)(3), before subclause (A), the reference to 31:1105(a)(29) is changed to 1105(a)(28) because of the redesignation of 1105(a)(29) as 1105(a)(28) by section 4(1) of the Act of October 11, 1996, (
Editorial Notes
Amendments
2004—Subsec. (b)(2).
Executive Documents
Ex Ord. No. 13833. Enhancing the Effectiveness of Agency Chief Information Officers
Ex. Ord. No. 13833, May 15, 2018, 83 F.R. 23345, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) empower agency CIOs to ensure that agency IT systems are secure, efficient, accessible, and effective, and that such systems enable agencies to accomplish their missions;
(b) modernize IT infrastructure within the executive branch and meaningfully improve the delivery of digital services; and
(c) improve the management, acquisition, and oversight of Federal IT.
(a) the term "covered agency" means an agency listed in
(b) the term "information technology" has the meaning given that term in
(c) the term "Chief Information Officer" or "CIO" means the individual within a covered agency as described in
(d) the term "component Chief Information Officer" or "component CIO" means an individual in a covered agency, other than the CIO referred to in subsection (c) of this section, who has the title Chief Information Officer, or who functions in the capacity of a CIO, and has IT management authorities over a component of the agency similar to those the CIO has over the entire agency;
(e) the term "IT position" means a position within the job family standard for the Information Technology Management Series, GS–2210, as defined by the Office of Personnel Management (OPM) in the Handbook of Occupational Groups and Families and related guidance.
(a) consistent with
(b) consistent with
(c) consistent with
(d) consistent with
(a) eliminate unnecessary IT management functions;
(b) merge or reorganize agency IT functions to promote agency-wide consolidation of the agency's IT infrastructure, taking into account any recommendations of the relevant agency CIO; and
(c) increase use of industry best practices, such as the shared use of IT solutions within agencies and across the executive branch.
(a) the CIO, as the principal advisor to the agency head for the management of IT resources, works closely with an integrated team of senior executives with expertise in IT, security, budgeting, acquisition, law, privacy, and human resources to implement appropriate risk management measures; and
(b) the agency prioritizes procurement of shared IT services, including modern email and other cloud-based services, where possible and to the extent permitted by law.
(a) consistent with
(b) the established knowledge and skill standards are included in the performance standards and reflected in the performance evaluations of all component CIOs, and that the CIO is responsible for that portion of the evaluation; and
(c) all component CIOs apply those standards within their own components.
(a) Such proposed rule shall provide that, upon an affirmative determination by the head of a covered agency that there is a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates), or that a critical hiring need exists for IT positions, under the criteria established by OPM, the Director shall, within 30 days, grant that agency direct hiring authority for IT positions.
(b) Such proposed rule shall further provide that employees hired using this authority may not be transferred to positions that are not IT positions; that the employees shall initially be given term appointments not to exceed 4 years; and that the terms of such employees may be extended up to 4 additional years at the discretion of the hiring agency.
(c) The Director shall submit the proposed rule for publication within 30 days of the date of this order [May 15, 2018].
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§11316. Accountability
The head of each executive agency, in consultation with the Chief Information Officer and the Chief Financial Officer of that executive agency (or, in the case of an executive agency without a chief financial officer, any comparable official), shall establish policies and procedures to ensure that—
(1) the accounting, financial, asset management, and other information systems of the executive agency are designed, developed, maintained, and used effectively to provide financial or program performance data for financial statements of the executive agency;
(2) financial and related program performance data are provided on a reliable, consistent, and timely basis to executive agency financial management systems; and
(3) financial statements support—
(A) assessments and revisions of mission-related processes and administrative processes of the executive agency; and
(B) measurement of the performance of investments made by the agency in information systems.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11316 | 40:1426. |
§11317. Significant deviations
The head of each executive agency shall identify in the strategic information resources management plan required under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11317 | 40:1427. |
§11318. Interagency support
The head of an executive agency may use amounts available to the agency for oversight, acquisition, and procurement of information technology to support jointly with other executive agencies the activities of interagency groups that are established to advise the Director of the Office of Management and Budget in carrying out the Director's responsibilities under this chapter. The use of those amounts for that purpose is subject to requirements and limitations on uses and amounts that the Director may prescribe. The Director shall prescribe the requirements and limitations during the Director's review of the executive agency's proposed budget submitted to the Director by the head of the executive agency for purposes of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11318 | 40:1428. |
§11319. Resources, planning, and portfolio management
(a)
(1) The term "covered agency" means each agency listed in
(2) The term "information technology" has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
(b)
(1)
(A)
(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
(ii) the management, governance, and oversight processes related to information technology.
(B)
(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
(C)
(i)
(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
(II) may not request the reprogramming of any funds made available for information technology programs, unless the request has been reviewed and approved by the Chief Information Officer of the agency; and
(III) may use the governance processes of the agency to approve such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
(ii)
(I)
(II)
(2)
(c)
(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (
(2) under the Military Intelligence Program or any successor program or programs; or
(3) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(d)
(1)
(A) to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;
(B) to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;
(C) to identify potential duplication and waste;
(D) to identify potential cost savings;
(E) to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;
(F) to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;
(G) to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and
(H) to carry out any other goals that the Director may establish.
(2)
(3)
(4)
(5)
(A)
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) upon a request by any committee of Congress, to that committee.
(B)
(Added and amended
Editorial Notes
Amendments
2023—Subsec. (d)(4).
2019—Subsec. (d)(4).
2018—Subsec. (d)(4).
2017—Subsecs. (c), (d).
Subsec. (d)(6).
2014—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.