
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1413]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
              CHAPTER 25--INFORMATION TECHNOLOGY MANAGEMENT
 
 SUBCHAPTER I--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
 
           Part A--Director of Office of Management and Budget
 
Sec. 1413. Performance-based and results-based management


(a) In general

    The Director shall encourage the use of performance-based and 
results-based management in fulfilling the responsibilities assigned 
under section 3504(h),\1\ of title 44.
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    \1\ So in original. The comma probably should not appear.
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(b) Evaluation of agency programs and investments

                           (1) Requirement

        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) Direction for executive agency action

        The Director shall issue to the head of each executive agency 
    clear and concise direction that the head of such 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) Guidance for multiagency investments

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

                        (4) Periodic reviews

        The Director shall implement through the budget process periodic 
    reviews of selected information resources management activities of 
    the executive agencies in order 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) Enforcement of accountability

        (A) In general

            The Director may take any authorized 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) Specific actions

            Actions taken by the Director in the case of an executive 
        agency may include--
                (i) recommending a reduction or an increase in any 
            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 authorized administrative controls 
            over appropriations to restrict the availability of funds 
            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.

(Pub. L. 104-106, div. E, title LI, Sec. 5113, Feb. 10, 1996, 110 Stat. 
681.)

                  Section Referred to in Other Sections

    This section is referred to in section 1451 of this title.
