2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part III - COURT OFFICERS AND EMPLOYEES (§§ 601 - 998)
Chapter 41 - ADMINISTRATIVE OFFICE OF UNITED STATES COURTS (§§ 601 - 613)
Section 612 - Judiciary Information Technology Fund
Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 612 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 101-162, title IV, §404(b)(1), Nov. 21, 1989, 103 Stat. 1013; amended Pub. L. 103-420, §2, Oct. 25, 1994, 108 Stat. 4343; Pub. L. 104-106, div. E, title LVI, §5602, Feb. 10, 1996, 110 Stat. 699; Pub. L. 104-208, div. A, title I, §101(a) [title III, §305], Sept. 30, 1996, 110 Stat. 3009, 3009-45; Pub. L. 105-85, div. A, title X, §1073(h)(2), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105-119, title III, §304, Nov. 26, 1997, 111 Stat. 2491; Pub. L. 106-518, title I, §101, Nov. 13, 2000, 114 Stat. 2411; Pub. L. 107-217, §3(g)(2), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 109-115, div. A, title IV, §407(b), Nov. 30, 2005, 119 Stat. 2471. |
Statutes at Large References | 102 Stat. 2227 103 Stat. 1013 104 Stat. 2133 108 Stat. 4343 110 Stat. 699, 3009, 702 111 Stat. 1907, 2491 114 Stat. 2411 116 Stat. 1299 119 Stat. 2471 |
Public Law References | Public Law 100-459, Public Law 101-162, Public Law 101-515, Public Law 103-420, Public Law 103-429, Public Law 104-66, Public Law 104-106, Public Law 104-208, Public Law 105-85, Public Law 105-119, Public Law 106-518, Public Law 107-217, Public Law 109-115 |
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(a)
(b)
(1)
(2)
(c)
(1)
(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)
(d)
(e)
(1)
(2)
(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 in accordance with the Director's authority in section 604(g) of 28 U.S.C.; and,1
(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)
(f)
(g)
(1)
(2)
(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); 2 and
(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)
(i)
(j)
(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, §404(b)(1), Nov. 21, 1989, 103 Stat. 1013; amended Pub. L. 103–420, §2, Oct. 25, 1994, 108 Stat. 4343; Pub. L. 104–106, div. E, title LVI, §5602, Feb. 10, 1996, 110 Stat. 699; Pub. L. 104–208, div. A, title I, §101(a) [title III, §305], Sept. 30, 1996, 110 Stat. 3009, 3009–45; Pub. L. 105–85, div. A, title X, §1073(h)(2), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105–119, title III, §304, Nov. 26, 1997, 111 Stat. 2491; Pub. L. 106–518, title I, §101, Nov. 13, 2000, 114 Stat. 2411; Pub. L. 107–217, §3(g)(2), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 109–115, div. A, title IV, §407(b), Nov. 30, 2005, 119 Stat. 2471.)
References in TextSection 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, §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.
Amendments2005—Subsec. (e)(2)(B). Pub. L. 109–115 substituted “such contract is in accordance with the Director's authority in section 604(g) of 28 U.S.C.; and,” for “such contract is awarded on a fully competitive basis; and”.
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, §101(1), substituted “technology resources” for “technology equipment” wherever appearing.
Subsec. (f). Pub. L. 106–518, §101(2), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “(f)
Subsec. (g). Pub. L. 106–518, §101(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(3). Pub. L. 106–518, §101(3), struck out par. (3) which read as follows: “(3)
Subsec. (h). Pub. L. 106–518, §101(2), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 106–518, §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, §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)
1996—Pub. L. 104–106, §5602(b)(1), substituted “Information Technology Fund” for “Automation Fund” in section catchline.
Subsec. (a). Pub. L. 104–106, §5602(b)(3), substituted “information technology” for “automatic data processing” wherever appearing.
Pub. L. 104–106, §5602(b)(2), substituted “Information Technology Fund” for “Automation Fund”.
Subsecs. (b), (c)(2), (e). Pub. L. 104–106, §5602(b)(3), substituted “information technology” for “automatic data processing” wherever appearing.
Subsec. (f). Pub. L. 104–106, §5602(b)(3), substituted “information technology” for “automatic data processing”.
Pub. L. 104–106, §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, §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, §5602(b)(3), substituted “information technology” for “automatic data processing”.
Subsec. (l). Pub. L. 104–208, §101(a) [title III, §305], substituted “September 30, 1998” for “September 30, 1997”.
Pub. L. 104–106, §5602(a)(3), (4), redesignated subsec. (m) as (l) and struck out former subsec. (l) which read as follows:
“(l)
Subsec. (m). Pub. L. 104–106, §5602(a)(3), redesignated subsec. (m) as (l).
1994—Subsec. (a). Pub. L. 103–429, §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, §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, §2(3), substituted “activities funded under subsection (a)” for “judicial branch of the United States”.
Subsec. (c)(1)(A). Pub. L. 103–420, §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, §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, §2(6), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “
Subsec. (i). Pub. L. 103–420, §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 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)” for “and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, may use amounts deposited into the Fund under subparagraph (c)(1)(B) for purposes other than those established in subsection (a) only by following reprogramming procedures in compliance with provisions set forth in section 606 of Public Law 100–459.”
Subsec. (j). Pub. L. 103–420, §2(8), substituted “not specified in statute by Congress” for “not specified by Congress” in second sentence.
Subsec. (k). Pub. L. 103–420, §2(9), added subsec. (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 103–420, §2(9), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 103–420, §2(9), (10), redesignated subsec. (l) as (m) and substituted “September 30, 1997” for “September 30, 1994” and “fund established under section 1931 of this title” for “ ‘Judicial Services Account’ ”.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (g) of this section is listed on page 143), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
1 So in original. The comma probably should not appear.
2 See References in Text note below.
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