Title 40Public Buildings, Property, and WorksRelease 119-73

§11312 Capital planning and investment control

Title 40 › Subtitle SUBTITLE III— - INFORMATION TECHNOLOGY MANAGEMENT › Chapter CHAPTER 113— - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY › Subchapter SUBCHAPTER II— - EXECUTIVE AGENCIES › § 11312

Last updated Apr 6, 2026|Official source

Summary

Heads of executive agencies must create and run a process to get the most value and manage the risks of their information technology (IT) purchases and systems, including security. The process must choose which IT projects to fund, manage them, and check their results. The process must tie into the agency’s budget, finance, and program decisions. It must set minimum rules for picking projects, including a numeric estimate of expected net return adjusted for risk and other numerical and non-numerical ways to compare projects. It must find projects that share costs or benefits with other federal or state and local governments. It must use measurable ways to show net benefits and risks. It must give senior leaders timely, independently verifiable progress reports with milestones showing cost, whether the system meets required capabilities, timeliness, and quality.

Full Legal Text

Title 40, §11312

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

(a)In fulfilling the responsibilities assigned under section 3506(h) of title 44, 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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1131240:1422.Pub. L. 104–106, div. E, title LI, § 5122, Feb. 10, 1996, 110 Stat. 683.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458 substituted “investments in information technology (including information security needs)” for “information technology investments”.

Reference

Citations & Metadata

Citation

40 U.S.C. § 11312

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73