§11303 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Director of the Office of Management and Budget must push federal agencies to use performance- and results-based ways of managing their information technology. The Director will check how agencies are handling IT investments and give each agency clear instructions. Agencies must set up strong planning for major IT projects, decide before buying whether a job should be done by the private sector or by the agency (or by a contractor), change mission and admin processes if needed before big IT buys, and make sure security is strong. The Director will also give guidance for shared, government-wide IT projects and run periodic budget-based reviews to see if IT is improving agency performance. To make agencies accountable, the Director can use budget tools. Actions may include recommending budget increases or cuts for IT, changing how funds are apportioned, restricting availability of IT funds, or naming an executive agent to handle contracting for IT.

Title 40, §11303

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under section 3504(h) of title 44.

(b)(1)The Director shall evaluate the information resources management practices of the executive agencies with respect to the performance and results of the investments made by the executive agencies in information technology.

(2)The Director shall issue to the head of each executive agency clear and concise direction that the head of each agency shall—

(A)establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in information systems;

(B)determine, before making an investment in a new information system—

(i)whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or

(ii)whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel;

(C)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 those missions; and

(D)ensure that the information security policies, procedures, and practices are adequate.

(3)The direction issued under paragraph (2) shall include guidance for undertaking efficiently and effectively interagency and Federal Government-wide investments in information technology to improve the accomplishment of missions that are common to the executive agencies.

(4)The Director shall implement through the budget process periodic reviews of selected information resources management activities of the executive agencies to ascertain the efficiency and effectiveness of information technology in improving the performance of the executive agency and the accomplishment of the missions of the executive agency.

(5)(A)The Director may take any action that the Director considers appropriate, including an action involving the budgetary process or appropriations management process, to enforce accountability of the head of an executive agency for information resources management and for the investments made by the executive agency in information technology.

(B)Actions taken by the Director may include—

(i)recommending a reduction or an increase in the amount for information resources 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 apportionments and reapportionments of appropriations for information resources;

(iii)using other administrative controls over appropriations to restrict the availability of amounts for information resources; and

(iv)designating for the executive agency an executive agent to contract with private sector sources for the performance of information resources management or the acquisition of information technology.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1130340:1413.Pub. L. 104–106, div. E, title LI, § 5113, Feb. 10, 1996, 110 Stat. 681.

§11303 Performance-based and results-based management

Summary

Title 40, §11303

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata