40 USC Ch. 111: GENERAL
From Title 40—PUBLIC BUILDINGS, PROPERTY, AND WORKSSUBTITLE III—INFORMATION TECHNOLOGY MANAGEMENT
CHAPTER 111 —GENERAL
Sec.
11101.
Definitions.
11102.
Sense of Congress.
11103.
Applicability to national security systems.
§11101. Definitions
In this subtitle, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(6)
(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) of that equipment; or
(ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(B) includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(C) does not include any equipment acquired by a federal contractor incidental to a federal contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235; Pub. L. 108–199, div. F, title V, §535(b), Jan. 23, 2004, 118 Stat. 345; Pub. L. 111–350, §5(l)(24), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, §836(g)(7)(A), Aug. 13, 2018, 132 Stat. 1874.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
11101 | 40:1401. | Pub. L. 104–106, div. E, §5002, Feb. 10, 1996, 110 Stat. 679. |
The text of 40:1401(1) is omitted as unnecessary because the complete name of the Director of the Office of Management and Budget is used the first time the term appears in a section.
Editorial Notes
Amendments
2018—Par. (1).
2011—Par. (1).
Par. (2).
2004—Par. (6)(A).
Par. (6)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Executive Documents
Executive Order No. 13011
Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, as amended by Ex. Ord. No. 13284, §16, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord. No. 13286, §18, Feb. 28, 2003, 68 F.R. 10623, which related to information technology policies and reforms for Federal agencies, was revoked by Ex. Ord. No. 13403, §6, May 12, 2006, 71 F.R. 28543.
Ex. Ord. No. 13103. Computer Software Piracy
Ex. Ord. No. 13103, Sept. 30, 1998, 63 F.R. 53273, provided:
The United States Government is the world's largest purchaser of computer-related services and equipment, purchasing more than $20 billion annually. At a time when a critical component in discussions with our international trading partners concerns their efforts to combat piracy of computer software and other intellectual property, it is incumbent on the United States to ensure that its own practices as a purchaser and user of computer software are beyond reproach. Accordingly, 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) Each agency shall adopt procedures to ensure that the agency does not acquire, reproduce, distribute, or transmit computer software in violation of applicable copyright laws.
(b) Each agency shall establish procedures to ensure that the agency has present on its computers and uses only computer software not in violation of applicable copyright laws. These procedures may include:
(1) preparing agency inventories of the software present on its computers;
(2) determining what computer software the agency has the authorization to use; and
(3) developing and maintaining adequate recordkeeping systems.
(c) Contractors and recipients of Federal financial assistance, including recipients of grants and loan guarantee assistance, should have appropriate systems and controls in place to ensure that Federal funds are not used to acquire, operate, or maintain computer software in violation of applicable copyright laws. If agencies become aware that contractors or recipients are using Federal funds to acquire, operate, or maintain computer software in violation of copyright laws and determine that such actions of the contractors or recipients may affect the integrity of the agency's contracting and Federal financial assistance processes, agencies shall take such measures, including the use of certifications or written assurances, as the agency head deems appropriate and consistent with the requirements of law.
(d) Executive agencies shall cooperate fully in implementing this order and shall share information as appropriate that may be useful in combating the use of computer software in violation of applicable copyright laws.
(a) ensure agency compliance with copyright laws protecting computer software and with the provisions of this order to ensure that only authorized computer software is acquired for and used on the agency's computers;
(b) utilize performance measures as recommended by the Chief Information Officers Council pursuant to section 3 of this order to assess the agency's compliance with this order;
(c) educate appropriate agency personnel regarding copyrights protecting computer software and the policies and procedures adopted by the agency to honor them; and
(d) ensure that the policies, procedures, and practices of the agency related to copyrights protecting computer software are adequate and fully implement the policies set forth in this order.
William J. Clinton.
§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.)
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. |
§11103. Applicability to national security systems
(a)
(1)
(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)
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
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). |
Statutory Notes and Related Subsidiaries
Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System
Pub. L. 114–328, div. A, title VIII, §895, Dec. 23, 2016, 130 Stat. 2326, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(9), Dec. 27, 2021, 135 Stat. 2161, provided that:
"(a)
"(b)