PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 683 (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. Subtitle C—Executive Agencies SEC. 5121. RESPONSIBILITIES. 40 USC 1421. In fulfllHng the responsibiHties assigned under chapter 35 of title 44, United States Code, the head of each executive agency shall comply with this subtitle with respect to the specific matters covered by this subtitle. SEC. 5122. CAPITAL PLANNING AND INVESTMENT CONTROL. 40 USC 1422. (a) DESIGN OF PROCESS. —In fulfilling the responsibilities assigned under section 3506(h) of title 44, United States Code, 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 information technology investments to be made by the executive agency, the management of such investments, and the evaluation of the results of such investments; (2) be integrated with the processes for making budget, financial, and program management decisions within 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) provide for identifying information systems investments that would result in shared benefits or costs for other Federal agencies or State or local governments; (5) provide for identifying for a proposed investment quantifiable measurements for determining the net benefits and risks of the 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. SEC. 5123. PERFORMANCE AND RESULTS-BASED MANAGEMENT. 40 USC 1423. In fulfilling the responsibilities under section 3506(h) of title 44, United States Code, 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;
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