dreamproit/uscode huggingface dataset:
40 U.S.C. § 9506 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 9506. Civil penalty
A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
9506
40:56.
R.S. § 1803.
The words “in charge of public buildings and works” in section 1803 of the Revised Statutes are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers with respect to public buildings and works were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words “or hereafter to be laid” are omitted as unnecessary. The words “is liable to the government for a civil penalty” are substituted for “under a penalty” for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 9507 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 9507. Control of expenditures
Unless expressly provided for by law, the Secretary of the Army shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
9507
40:54.
R.S. § 1802.
The words “Secretary of the Army” are substituted for “Department of War” [subsequently changed to “Department of the Army” because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
40 U.S.C. § 11102 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11102. Sense of Congress
It is the sense of Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year through improvements in information resources management by the agency—
(1) at least a five percent decrease in the cost (in constant fiscal year 1996 dollars) incurred by the agency in operating and maintaining information technology; and
(2) a five percent increase in the efficiency of the agency operations.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11102
40:1442.
Pub. L. 104–106, div. E, title LI, § 5132, Feb. 10, 1996, 110 Stat. 689.
40 U.S.C. § 11103 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11103. Applicability to national security systems
(a) Definition.—
(1) National security system.—
In this section, the term “national security system” means a telecommunications or information system operated by the Federal Government, the function, operation, or use of which—
(A) involves intelligence activities;
(B) involves cryptologic activities related to national security;
(C) involves command and control of military forces;
(D) involves equipment that is an integral part of a weapon or weapons system; or
(E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.
(2) Limitation.—
Paragraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
(b) In General.—
Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.
(c) Exceptions.—
(1) In general.—
Sections 11313, 11315, and 11316 of this title apply to national security systems.
(2) Capital planning and investment control.—
The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.
(3) Applicability of performance-based and results-based management to national security systems.—
(A) In general.—
Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.
(B) Exception.—
National security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11103(a)
40:1452.
Pub. L. 104–106, div. E, title LI, §§ 5141, 5142, Feb. 10, 1996, 110 Stat. 689.
11103(b)
40:1451(a).
11103(c)
40:1451(b).
40 U.S.C. § 11301 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11301. Responsibility of Director
In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11301
40:1411.
Pub. L. 104–106, div. E, title LI, § 5111, Feb. 10, 1996, 110 Stat. 680.
40 U.S.C. § 11311 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11311. Responsibilities
In fulfilling the responsibilities assigned under chapter 35 of title 44, the head of each executive agency shall comply with this subchapter with respect to the specific matters covered by this subchapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11311
40:1421.
Pub. L. 104–106, div. E, title LI, § 5121, Feb. 10, 1996, 110 Stat. 683.
heading: Procurement of Automatic Data Processing Equipment for Tax Systems Modernization Program; Delegation of Authority
text: Pub. L. 104–52, title V, § 526, Nov. 19, 1995, 109 Stat. 495, provided that: “Notwithstanding any other provision of law, the Administrator of General Services shall delegate the authority to procure automatic data processing equipment for the Tax Systems Modernization Program to the Secretary of the Treasury: Provided, That the Director of the Office of Management and Budget shall have the authority to revoke such delegation upon the written recommendation of the Administrator that the Secretary’s actions under such delegation are inconsistent with the goals of economic and efficient procurement and utilization of automatic data processing equipment: Provided further, That for all other purposes, a procurement conducted under such delegation shall be treated as if made under a delegation by the Administrator pursuant to [former] 40 U.S.C. 759.”
40 U.S.C. § 11312 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11312. Capital planning and investment control
(a) Design of Process.—
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) Content of Process.—
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108–458, title VIII, § 8401(3), Dec. 17, 2004, 118 Stat. 3869.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11312
40:1422.
Pub. L. 104–106, div. E, title LI, § 5122, Feb. 10, 1996, 110 Stat. 683.
heading: Amendments
text: 2004—Subsec. (b)(1). Pub. L. 108–458 substituted “investments in information technology (including information security needs)” for “information technology investments”.
40 U.S.C. § 11313 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11313. Performance and results-based management
In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)
text: 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.
40 U.S.C. § 11314 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11314. Authority to acquire and manage information technology
(a) In General.—
The authority of the head of an executive agency to acquire information technology includes—
(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 items of information technology that requires each executive agency covered by the contract, when procuring those items, to procure the items under that contract or to justify an alternative procurement of the items.
(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.)
text: 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.
40 U.S.C. § 11316 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11316
40:1426.
Pub. L. 104–106, div. E, title LI, § 5126, Feb. 10, 1996, 110 Stat. 686.
40 U.S.C. § 11317 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11317. Significant deviations
The head of each executive agency shall identify in the strategic information resources management plan required under section 3506(b)(2) of title 44 any major information technology acquisition program, or any phase or increment of that program, that has significantly deviated from the cost, performance, or schedule goals established for the program.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11317
40:1427.
Pub. L. 104–106, div. E, title LI, § 5127, Feb. 10, 1996, 110 Stat. 687.
40 U.S.C. § 11318 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 section 1105 of title 31.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11318
40:1428.
Pub. L. 104–106, div. E, title LI, § 5128, Feb. 10, 1996, 110 Stat. 687.
40 U.S.C. § 11332 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
[§ 11332. Repealed. Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960]
text: Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan.
heading: Effective Date of Repeal
text: Repeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effective Date note under section 3541 of Title 44, Public Printing and Documents.
Repeal by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
40 U.S.C. § 11502 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11502. Evaluation criteria and plans
(a) Measurable Test Criteria.—
To the maximum extent practicable, the head of each executive agency conducting the pilot program under section 11501 of this title shall establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program.
(b) Test Plan.—
Before the pilot program may be conducted under section 11501 of this title, the Administrator for Federal Procurement Policy shall submit to Congress a detailed test plan for the program, including a detailed description of the procedures to be used and a list of regulations that are to be waived.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(B)(i), (ii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(B)(i), (ii), Dec. 17, 2002, 116 Stat. 2938.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11502
40:1472.
Pub. L. 104–106, div. E, title LIII, § 5302, Feb. 10, 1996, 110 Stat. 691.
heading: Amendments
text: 2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting “the pilot” for “a pilot” in subsecs. (a) and (b).
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11503 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11503. Report
(a) Requirement.—
Not later than 180 days after the completion of the pilot program under this chapter, the Administrator for Federal Procurement Policy shall—
(1) submit to the Director of the Office of Management and Budget a report on the results and findings under the program; and
(2) provide a copy of the report to Congress.
(b) Content.—
The report shall include—
(1) a detailed description of the results of the program, as measured by the criteria established for the program; and
(2) a discussion of legislation that the Administrator recommends, or changes in regulations that the Administrator considers necessary, to improve overall information resources management in the Federal Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(B)(iii), Dec. 17, 2002, 116 Stat. 2938.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11503
40:1473.
Pub. L. 104–106, div. E, title LIII, § 5303, Feb. 10, 1996, 110 Stat. 692.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–314 and Pub. L. 107–347 amended subsec. (a) identically, substituting “the pilot” for “a pilot” in introductory provisions.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11504 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11504. Recommended legislation
If the Director of the Office of Management and Budget determines that the results and findings under the pilot program under this chapter indicate that legislation is necessary or desirable to improve the process for acquisition of information technology, the Director shall transmit the Director’s recommendations for that legislation to Congress.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(B)(iv), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(B)(iv), Dec. 17, 2002, 116 Stat. 2938.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11504
40:1474.
Pub. L. 104–106, div. E, title LIII, § 5304, Feb. 10, 1996, 110 Stat. 692.
heading: Amendments
text: 2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting “the pilot” for “a pilot”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11505 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11505. Rule of construction
This chapter does not authorize the appropriation or obligation of amounts for the pilot program authorized under this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, § 825(b)(2)(C), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, § 210(h)(2)(C), Dec. 17, 2002, 116 Stat. 2938.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11505
40:1475.
Pub. L. 104–106, div. E, title LIII, § 5305, Feb. 10, 1996, 110 Stat. 692.
heading: Amendments
text: 2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting “program” for “programs”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11521 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
[§ 11521. Repealed. Pub. L. 107–347, title II, § 210(h)(1), Dec. 17, 2002, 116 Stat. 2938]
text: Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to the share-in-savings pilot program.
heading: Effective Date of Repeal
text: Repeal effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11522 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
[§ 11522. Repealed. Pub. L. 107–314, div. A, title VIII, § 825(b)(1), Dec. 2, 2002, 116 Stat. 2615]
text: Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. Subsequent to repeal, Pub. L. 107–347, title II, § 210(h)(3)(A), Dec. 17, 2002, 116 Stat. 2938, directed that this section be renumbered section 11521 of this title.
40 U.S.C. § 11701 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 11701. Identification of excess and surplus computer equipment
In accordance with chapter 5 of this title, the head of an executive agency shall maintain an inventory of all computer equipment under the control of that official that is excess or surplus property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252, § 11702; renumbered § 11701, Pub. L. 107–314, div. A, title VIII, § 825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
11702
40:1502.
Pub. L. 104–106, div. E, title LIV, § 5402, Feb. 10, 1996, 110 Stat. 697.
The words “Not later than six months after February 10, 1996, the head of the an executive agency shall inventory all computer equipment under the control of that official. After completion of the inventory” are omitted as executed. The words “all computer equipment” are substituted for “any such equipment” for clarity.
heading: Prior Provisions
text: A prior section 11701, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1250, related to on-line multiple award schedule contracting, prior to repeal by Pub. L. 107–314, div. A, title VIII, § 825(c)(1), Dec. 2, 2002, 116 Stat. 2616.
heading: Amendments
text: 2002—Pub. L. 107–314 renumbered section 11702 of this title as this section.