[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC612]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 612. Judiciary Information Technology Fund
(a) Establishment and Availability of Fund.--There is hereby
established in the Treasury of the United States a special fund to be
known as the ``Judiciary Information Technology Fund'' (hereafter in
this section referred to as the ``Fund''). Moneys in the Fund shall be
available to the Director without fiscal year limitation for the
procurement (by lease, purchase, exchange, transfer, or otherwise) of
information technology resources for program activities included in the
courts of appeals, district courts, and other judicial services account
of the judicial branch of the United States. The Fund shall also be
available for expenses, including personal services, support personnel
in the courts and in the Administrative Office of the United States
Courts, and other costs, for the effective management, coordination,
operation, and use of information technology resources purchased by the
Fund. In addition, all agencies of the judiciary may make deposits into
the Fund to meet their information technology needs in accordance with
subsections (b) and (c)(2).
(b) Plan for Meeting Information Technology Needs.--
(1) Development of plan.--The Director shall develop and
annually revise, with the approval of the Judicial Conference of the
United States, a long range plan for meeting the information
technology resources needs of the activities funded under subsection
(a) and shall include an annual estimate of any fees that may be
collected under section 404 of the Judiciary Appropriations Act,
1991 (Public Law 101-515; 104 Stat. 2133). Such plan and revisions
shall be submitted to Congress.
(2) Expenditures consistent with plan.--The Director may use
amounts in the Fund to procure information technology resources for
the activities funded under subsection (a) only in accordance with
the plan developed under paragraph (1).
(c) Deposits Into Fund.--
(1) Deposits.--There shall be deposited in the Fund--
(A) all proceeds resulting from activities conducted under
subsection (a), including net proceeds of disposal of excess or
surplus property, all fees collected after the date of the
enactment of the Judicial Amendments Act of 1994 by the
judiciary under section 404 of the Judiciary Appropriations Act,
1991 (Public Law 101-515; 104 Stat. 2133) and receipts from
carriers and others for loss of or damage to property;
(B) amounts available for activities described in subsection
(a) from funds appropriated to the judiciary; and
(C) any advances and reimbursements required by paragraph
(2).
(2) Advances and reimbursements.--Whenever the Director procures
information technology resources for any entity in the judicial
branch other than the courts or the Administrative Office, that
entity shall advance or reimburse the Fund, whichever the Director
considers appropriate, for the costs of the information technology
resources, from appropriations available to that entity.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund for any fiscal year such sums as are required
to supplement amounts deposited under subsection (c) in order to conduct
activities under subsection (a).
(e) Contract Authority.--
(1) For each fiscal year.--In fiscal year 1990, and in each
succeeding fiscal year, the Director may enter into contracts for
the procurement of information technology resources in amounts
which, in the aggregate, do not exceed amounts estimated to be
collected under subsection (c) for that fiscal year in advance of
the availability of amounts in the Fund for such contracts.
(2) Multiyear contracts.--In conducting activities under
subsection (a), the Director is authorized to enter into multiyear
contracts for information technology resources for periods of not
more than five years for any contract, if--
(A) funds are available and adequate for payment of the
costs of such contract for the first fiscal year and for payment
of any costs of cancellation or termination of the contract;
(B) such contract is awarded on a fully competitive basis;
and
(C) the Director determines that--
(i) the need for the information technology resources
being provided will continue over the period of the
contract; and
(ii) the use of the multi-year contract will yield
substantial cost savings when compared with other methods of
providing the necessary resources.
(3) Cancellation costs of multiyear contract.--Any cancellation
costs incurred with respect to a contract entered into under
paragraph (2) shall be paid from currently available amounts in the
Fund.
(f) Authority of Administrator of General Services.--Nothing in this
section shall be construed to limit the authority of the Administrator
of General Services under sections 501-505 of title 40.
(g) Annual Report.--
(1) In general.--The Director shall submit to the Congress an
annual report on the operation of the Fund, including on the
inventory, use, and acquisition of information technology resources
from the Fund and the consistency of such acquisition with the plan
prepared under subsection (b). The report shall set forth the
amounts deposited into the Fund under subsection (c).
(2) Additional contents of report.--The annual report submitted
under this subsection shall include--
(A) the specific actions taken and the progress made to
improve the plan developed under subsection (b) and the long
range automation plan and strategic business plan developed
under subsection (k); \1\ and
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\1\ See References in Text note below.
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(B) a comparison of planned Fund expenditures and
accomplishments with actual Fund expenditures and
accomplishments, and the reasons for any delays in scheduled
systems development, or budget overruns.
(h) Reprogramming.--The Director of the Administrative Office of the
United States Courts, under the supervision of the Judicial Conference
of the United States, may transfer amounts up to $1,000,000 from the
Fund into the account to which the funds were originally appropriated.
Any amounts transferred from the Fund in excess of $1,000,000 in any
fiscal year may only be transferred by following reprogramming
procedures in compliance with section 606 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).
(i) Appropriations Into the Fund.--If the budget request of the
judiciary is appropriated in full, the amount deposited into the Fund
during any fiscal year under the authority of subsection (c)(1)(B) will
be the same as the amount of funds requested by the judiciary for
activities described in subsection (a). If an amount to be deposited is
not specified in statute by Congress and if the full request is not
appropriated, the amount to be deposited under subsection (c)(1)(B) will
be set by the spending priorities established by the Judicial
Conference.
(j) Long Range Management and Business Plans.--The Director of the
Administrative Office of the United States Court shall--
(1) develop an overall strategic business plan which would
identify the judiciary's missions, goals, and objectives;
(2) develop a long range automation plan based on the strategic
business plan and user needs assessments;
(3) establish effective Administrative Office oversight of court
automation efforts to ensure the effective operation of existing
systems and control over developments of future systems;
(4) expedite efforts to complete the development and
implementation of life cycle management standards;
(5) utilize the standards in developing the next generation of
case management and financial systems; and
(6) assess the current utilization and future user requirements
of the data communications network.
(Added Pub. L. 101-162, title IV, Sec. 404(b)(1), Nov. 21, 1989, 103
Stat. 1013; amended Pub. L. 103-420, Sec. 2, Oct. 25, 1994, 108 Stat.
4343; Pub. L. 104-106, div. E, title LVI, Sec. 5602, Feb. 10, 1996, 110
Stat. 699; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title III,
Sec. 305], Sept. 30, 1996, 110 Stat. 3009, 3009-45; Pub. L. 105-85, div.
A, title X, Sec. 1073(h)(2), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105-
119, title III, Sec. 304, Nov. 26, 1997, 111 Stat. 2491; Pub. L. 106-
518, title I, Sec. 101, Nov. 13, 2000, 114 Stat. 2411; Pub. L. 107-217,
Sec. 3(g)(2), Aug. 21, 2002, 116 Stat. 1299.)
References in Text
Section 404 of Public Law 101-515, referred to in subsecs. (b)(1)
and (c)(1)(A), was formerly set out as a Court Fees for Electronic
Access to Information note under section 1913 of this title.
The date of the enactment of the Judicial Amendments Act of 1994,
referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L.
103-420, which was approved Oct. 25, 1994.
Subsection (k), referred to in subsec. (g)(2)(A), was redesignated
subsection (j) of this section by Pub. L. 106-518, title I, Sec. 101(2),
Nov. 13, 2000, 114 Stat. 2411.
Section 606 of Public Law 100-459, referred to in subsec. (h), is
section 606 of Pub. L. 100-459, title VI, Oct. 1, 1988, 102 Stat. 2227,
which is not classified to the Code.
Amendments
2002--Subsec. (f). Pub. L. 107-217 substituted ``sections 501-505 of
title 40'' for ``section 201 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481)''.
2000--Pub. L. 106-518, Sec. 101(1), substituted ``technology
resources'' for ``technology equipment'' wherever appearing.
Subsec. (f). Pub. L. 106-518, Sec. 101(2), redesignated subsec. (g)
as (f) and struck out former subsec. (f) which read as follows: ``(f)
Applicability of Procurement Statute.--The procurement of information
technology equipment under this section shall be conducted in compliance
with the provisions of law, policies, and regulations applicable to
executive agencies under division E of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.).''
Subsec. (g). Pub. L. 106-518, Sec. 101(2), redesignated subsec. (h)
as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(3). Pub. L. 106-518, Sec. 101(3), struck out par. (3)
which read as follows: ``(3) Report in year of termination of
authority.--The annual report submitted under this subsection for any
year in which the authority for this section is to terminate under
subsection (m), shall be submitted no later than 9 months before the
date of such termination.''
Subsec. (h). Pub. L. 106-518, Sec. 101(2), redesignated subsec. (i)
as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 106-518, Sec. 101(2), (4), redesignated subsec.
(j) as (i) and substituted ``judiciary'' for ``Judiciary'' in two
places, ``authority of subsection (c)(1)(B)'' for ``authority of
subparagraph (c)(1)(B)'', and ``under subsection (c)(1)(B)'' for ``under
(c)(1)(B)''. Former subsec. (i) redesignated (h).
Subsecs. (j), (k). Pub. L. 106-518, Sec. 101(2), redesignated
subsecs. (j) and (k) as (i) and (j), respectively.
1997--Subsec. (f). Pub. L. 105-85 substituted ``division E of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' for ``the
Information Technology Management Reform Act of 1996''.
Subsec. (l). Pub. L. 105-119 struck out subsec. (l) which read as
follows:
``(l) Termination of Authority.--The Fund, and the authorities
conferred by this section, terminate on September 30, 1998. All
unobligated amounts remaining in the Fund on that date shall be
deposited into the fund established under section 1931 of this title to
be used to reimburse other appropriations.''
1996--Pub. L. 104-106, Sec. 5602(b)(1), substituted ``Information
Technology Fund'' for ``Automation Fund'' in section catchline.
Subsec. (a). Pub. L. 104-106, Sec. 5602(b)(3), substituted
``information technology'' for ``automatic data processing'' wherever
appearing.
Pub. L. 104-106, Sec. 5602(b)(2), substituted ``Information
Technology Fund'' for ``Automation Fund''.
Subsecs. (b), (c)(2), (e). Pub. L. 104-106, Sec. 5602(b)(3),
substituted ``information technology'' for ``automatic data processing''
wherever appearing.
Subsec. (f). Pub. L. 104-106, Sec. 5602(b)(3), substituted
``information technology'' for ``automatic data processing''.
Pub. L. 104-106, Sec. 5602(a)(1), substituted ``the provisions of
law, policies, and regulations applicable to executive agencies under
the Information Technology Management Reform Act of 1996'' for ``section
111 of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759)''.
Subsec. (g). Pub. L. 104-106, Sec. 5602(a)(2), substituted ``section
201 of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481)'' for ``sections 111 and 201 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 and 759)''.
Subsec. (h)(1). Pub. L. 104-106, Sec. 5602(b)(3), substituted
``information technology'' for ``automatic data processing''.
Subsec. (l). Pub. L. 104-208, Sec. 101(a) [title III, Sec. 305],
substituted ``September 30, 1998'' for ``September 30, 1997''.
Pub. L. 104-106, Sec. 5602(a)(3), (4), redesignated subsec. (m) as
(l) and struck out former subsec. (l) which read as follows:
``(l) Definition.--For purposes of this section, the term `automatic
data processing equipment' has the meaning given that term in section
111(a)(2)(A) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759(a)(2)(A)).''
Subsec. (m). Pub. L. 104-106, Sec. 5602(a)(3), redesignated subsec.
(m) as (l).
1994--Subsec. (a). Pub. L. 103-429, Sec. 2(1), inserted ``program
activities included in the courts of appeals, district courts, and other
judicial services account of'' after ``equipment for'' and substituted
``, support personnel in the courts and in the Administrative Office of
the United States Courts, and other costs, for the effective management,
coordination, operation, and use of automatic data processing equipment
purchased by the Fund. In addition, all agencies of the judiciary may
make deposits into the Fund to meet their automatic data processing
needs in accordance with subsections (b) and (c)(2)'' for ``and other
costs, for the effective management, coordination, operation, and use of
automatic data processing equipment in the judicial branch''.
Subsec. (b)(1). Pub. L. 103-420, Sec. 2(2), substituted ``activities
funded under subsection (a) and shall include an annual estimate of any
fees that may be collected under section 404 of the Judiciary
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)'' for
``judicial branch''.
Subsec. (b)(2). Pub. L. 103-420, Sec. 2(3), substituted ``activities
funded under subsection (a)'' for ``judicial branch of the United
States''.
Subsec. (c)(1)(A). Pub. L. 103-420, Sec. 2(4), inserted ``, all fees
collected after the date of the enactment of the Judicial Amendments Act
of 1994 by the judiciary under section 404 of the Judiciary
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2133)'' after
``surplus property''.
Subsec. (e)(1). Pub. L. 103-420, Sec. 2(5), struck out ``(A)''
before ``In fiscal year 1990'' and substituted ``amounts estimated to be
collected under subsection (c) for that fiscal year'' for
``$75,000,000''.
Subsec. (h). Pub. L. 103-420, Sec. 2(6), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``Annual
Report.--The Director shall submit to the Congress an annual report on
the operation of the Fund, including on the inventory, use, and
acquisition of automatic data processing equipment from the Fund and the
consistency of such acquisition with the plan prepared under subsection
(b). The report shall set forth the amounts deposited into the Fund
under subsection (c).''
Subsec. (i). Pub. L. 103-420, Sec. 2(7), substituted ``may transfer
amounts up to $1,000,000 from the Fund into the account to which the
funds were originally appropriated. Any amounts transferred from the
Fund in excess of $1,000,000 in any fiscal year
