Page:United States Statutes at Large Volume 116 Part 2.djvu/457

 PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1239 appropriate, before making significant investments in information technology to be used in support of those missions; and (D) ensure that the information security pohcies, 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 Federal 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 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 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 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. SUBCHAPTER II—EXECUTIVE AGENCIES § 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. § 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.

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