195
ing in cost by acquiring the land subject to the limited rights as com-
pared with the cost of acquiring unencumbered title to the land.
(2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—The
Commission must decide that the protection and maintenance of the es-
sential public values of the park can be secured more economically by
acquiring the permanent rights than by acquiring the land.
(c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire land or
rights under this section are subject to the approval of the President.
§ 8733. Lease of land acquired for park, parkway, or play-
ground purposes
The Secretary of the Interior may lease, for not more than five years, land
or an existing building or structure on land acquired for park, parkway, or
playground purposes, and may renew the lease for an additional five years.
A lease or renewal under this section is—
(1) subject to the approval of the National Capital Planning Commis-
sion;
(2) subject to the need for the immediate use of the land, building, or
structure in other ways by the public; and
(3) on terms the Administrator decides.
§ 8734. Sale of land by Mayor
(a) AUTHORITY TO SELL.—With the approval of the National Capital
Planning Commission, the Mayor of the District of Columbia, for the best in-
terests of the District of Columbia, may sell to the highest bidder at public
or private sale real estate in the District of Columbia owned in fee simple
by the District of Columbia for municipal use that the Council of the District
of Columbia and the Commission find to be no longer required for public pur-
poses.
(b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—
(1) may pay the reasonable and necessary expenses of the sale of each
parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the
credit of the District of Columbia.
§ 8735. Sale of land by Secretary of the Interior
(a) AUTHORITY TO SELL.—With the approval of the National Capital
Planning Commission, the Secretary of the Interior, for the best interests of
the Federal Government, may sell, by deed or instrument, real estate held by
the Government in the District of Columbia and under the jurisdiction of the
National Park Service which may be no longer needed for public purposes.
The land may be sold for cash or on a deferred-payment plan the Secretary
approves, at a price not less than the Government paid for it and not less
than its present appraised value as determined by the Secretary.
196
(b) SALE TO HIGHEST BIDDER.—In selling any parcel of land under this
section, the Secretary shall have public or private solicitation for bids or of-
fers be made as the Secretary considers appropriate. The Secretary shall sell
the parcel to the party agreeing to pay the highest price if the price is other-
wise satisfactory. If the price offered or bid by the owner of land abutting
the land to be sold equals the highest price offered or bid by any other party,
the parcel may be sold to the owner of the abutting land.
(c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Secretary—
(1) may pay the reasonable and necessary expenses of the sale of each
parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the
credit of the Government and the District of Columbia in the proportion
that each—
(A) paid the appropriations used to acquire the parcels; or
(B) was obligated to pay the appropriations, at the time of acqui-
sition, by reimbursement.
§ 8736. Execution of deeds
The Mayor of the District of Columbia may execute deeds of conveyance
for real estate sold under this subchapter. The deeds shall contain a full de-
scription of the land sold as required by law.
§ 8737. Authorization of appropriations
An amount equal to not more than one cent for each inhabitant of the con-
tinental United States as determined by the last preceding decennial census
may be appropriated each year in the District of Columbia Appropriation
Act for the National Capital Planning Commission to use for the payment
of its expenses and for the acquisition of land the Commission may acquire
under section 8731 of this title for the purposes named, including compensa-
tion for the land, surveys, ascertainment of title, condemnation proceedings,
and necessary conveyancing. The appropriated amounts shall be paid from
the revenues of the District of Columbia and the general amounts of the Treas-
ury in the same proportion as other expenses of the District of Columbia.
CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND
COMMEMORATIVE WORKS
Sec.
8901.
Purposes.
8902.
Definitions and nonapplication.
8903.
Congressional authorization of commemorative works.
8904.
National Capital Memorial Commission.
8905.
Site and design approval.
8906.
Criteria for issuance of construction permit.
8907.
Temporary site designation.
8908.
Areas I and II.
8909.
Administrative.
§ 8901. Purposes
The purposes of this chapter are—
197
(1) to preserve the integrity of the comprehensive design of the
L’Enfant and McMillan plans for the Nation’s Capital;
(2) to ensure the continued public use and enjoyment of open space
in the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open
space available to residents of, and visitors to, the Nation’s Capital; and
(4) to ensure that future commemorative works in areas administered
by the National Park Service and the Administrator of General Services
in the District of Columbia and its environs—
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the
subjects involved.
§ 8902. Definitions and nonapplication
(a) DEFINITIONS.—In this chapter, the following definitions apply:
(1) COMMEMORATIVE WORK.—The term ‘‘commemorative work’’—
(A) means any statue, monument, sculpture, memorial, plaque,
inscription, or other structure or landscape feature, including a gar-
den or memorial grove, designed to perpetuate in a permanent man-
ner the memory of an individual, group, event or other significant
element of American history; but
(B) does not include an item described in subclause (A) that is
located within the interior of a structure or a structure which is
primarily used for other purposes.
(2) PERSON.—The term ‘‘person’’ means—
(A) a public agency; and
(B) an individual, group or organization—
(i) described in section 501(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under
section 501(a) of the Code (26 U.S.C. 501(a)); and
(ii) authorized by Congress to establish a commemorative
work in the District of Columbia and its environs.
(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term ‘‘the
District of Columbia and its environs’’ means land and property located
in Areas I and II as depicted on the map numbered 869/86501, and
dated May 1, 1986, that the National Park Service and the Adminis-
trator of General Services administer.
(b) NONAPPLICATION.—This chapter does not apply to commemorative
works authorized by a law enacted before January 3, 1985.
§ 8903. Congressional authorization of commemorative works
(a) IN GENERAL.—Commemorative works—
198
(1) may be established on federal lands referred to in section 8901(4)
of this title only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter.
(b) MILITARY COMMEMORATIVE WORKS.—A military commemorative work
may be authorized only to commemorate a war or similar major military
conflict or a branch of the armed forces. A commemorative work commemo-
rating a lesser conflict or a unit of an armed force may not be authorized.
Commemorative works to a war or similar major military conflict may not
be authorized until at least 10 years after the officially designated end of the
event.
(c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—A com-
memorative work commemorating an event, individual, or group of individ-
uals, except a military commemorative work as described in subsection (b),
may not be authorized until after the 25th anniversary of the event, death
of the individual, or death of the last surviving member of the group.
(d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMISSION.—In
considering legislation authorizing commemorative works in the District of
Columbia and its environs, the Committee on House Administration of the
House of Representatives and the Committee on Energy and Natural Re-
sources of the Senate shall solicit the views of the National Capital Memorial
Commission.
(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative authority for a
commemorative work expires at the end of the seven-year period beginning on
the date the authority is enacted unless the Secretary of the Interior or Ad-
ministrator of General Services, as appropriate, has issued a construction
permit for the commemorative work during that period.
§ 8904. National Capital Memorial Commission
(a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital Me-
morial Commission. The membership of the Commission consists of—
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the General
Services Administration; and
(8) the Secretary of Defense.
(b) CHAIRMAN.—The Director is the Chairman of the National Capital Me-
morial Commission.
199
(c) ADVISORY ROLE.—The National Capital Memorial Commission shall
advise the Secretary of the Interior and the Administrator of General Services
on policy and procedures for establishment of, and proposals to establish, com-
memorative works in the District of Columbia and its environs and on other
matters concerning commemorative works in the Nation’s Capital as the Com-
mission considers appropriate.
(d) MEETINGS.—The National Capital Memorial Commission shall meet at
least twice annually.
§ 8905. Site and design approval
(a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person au-
thorized by law to establish a commemorative work in the District of Colum-
bia and its environs may request a permit for construction of the commemo-
rative work only after the following requirements are met:
(1) CONSULTATION.—The person must consult with the National Cap-
ital Memorial Commission regarding the selection of alternative sites and
designs for the commemorative work.
(2) SUBMITTAL.—Following consultation in accordance with clause
(1), the Secretary of the Interior or the Administrator of General Serv-
ices, as appropriate, must submit, on behalf of the person, site and de-
sign proposals to the Commission of Fine Arts and the National Capital
Planning Commission for their approval.
(b) DECISION CRITERIA.—In considering site and design proposals, the
Commission of Fine Arts, National Capital Planning Commission, Secretary,
and Administrator shall be guided by, but not limited by, the following cri-
teria:
(1) SURROUNDINGS.—To the maximum extent possible, a commemora-
tive work shall be located in surroundings that are relevant to the subject
of the work.
(2) LOCATION.—A commemorative work shall be located so that—
(A) it does not interfere with, or encroach on, an existing com-
memorative work; and
(B) to the maximum extent practicable, it protects open space
and existing public use.
(3) MATERIAL.—A commemorative work shall be constructed of dura-
ble material suitable to the outdoor environment.
(4) LANDSCAPE
FEATURES.—Landscape features of commemorative
works shall be compatible with the climate.
§ 8906. Criteria for issuance of construction permit
(a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the con-
struction of a commemorative work in the District of Columbia and its envi-
200
rons, the Secretary of the Interior or Administrator of General Services, as
appropriate, shall determine that—
(1) the site and design have been approved by the Secretary or Admin-
istrator, the National Capital Planning Commission and the Commis-
sion of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation and
maintenance have been consulted to determine structural soundness and
durability of the commemorative work and to ensure that the commemo-
rative work meets high professional standards;
(3) the person authorized to construct the commemorative work has
submitted contract documents for construction of the commemorative
work to the Secretary or Administrator; and
(4) the person authorized to construct the commemorative work has
available sufficient amounts to complete construction of the project.
(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—
(1) AMOUNT.—In addition to the criteria described in subsection (a),
a construction permit may not be issued unless the person authorized to
construct the commemorative work has donated an amount equal to 10
percent of the total estimated cost of construction to offset the costs of
perpetual maintenance and preservation of the commemorative work. The
amounts shall be credited to a separate account in the Treasury.
(2) AVAILABILITY.—The Secretary of the Treasury shall make any
part of the donated amount available to the Secretary of the Interior or
Administrator for maintenance at the request of the Secretary of the In-
terior or Administrator. The Secretary of the Interior or Administrator
shall not request more from the separate account than the total amount
deposited by persons establishing commemorative works in areas the Sec-
retary of the Interior or Administrator administers.
(3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the Inte-
rior and Administrator shall maintain an inventory of amounts avail-
able under this subsection. The amounts are not subject to annual appro-
priations.
(4) NONAPPLICABILITY.—This subsection does not apply when a de-
partment or agency of the Federal Government constructs the work and
less than 50 percent of the funding for the work is provided by private
sources.
(c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The Sec-
retary of the Interior or Administrator may suspend any activity under this
chapter that relates to the establishment of a commemorative work if the Sec-
retary or Administrator determines that fundraising efforts relating to the
201
work have misrepresented an affiliation with the work or the Federal Govern-
ment.
(d) ANNUAL REPORT.—The person authorized to construct a commemora-
tive work under this chapter must submit to the Secretary of the Interior or
Administrator an annual report of operations, including financial statements
audited by an independent certified public accountant. The person shall pay
for the report.
§ 8907. Temporary site designation
(a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior, in con-
sultation with the National Capital Memorial Commission, determines that
a site where commemorative works may be displayed on a temporary basis
is necessary to aid in the preservation of the limited amount of open space
available to residents of, and visitors to, the Nation’s Capital, a site may be
designated on land the Secretary administers in the District of Columbia.
(b) PLAN.—A designation may be made under subsection (a) only if, at
least 120 days before the designation, the Secretary, in consultation with the
Commission, prepares and submits to Congress a plan for the site. The plan
shall include specifications for the location, construction, and administration
of the site and criteria for displaying commemorative works at the site.
(c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work dis-
played at the site shall be installed, maintained, and removed at the sole ex-
pense and risk of the person authorized to display the work. The person shall
agree to indemnify the United States for any liability arising from the dis-
play of the commemorative work under this section.
§ 8908. Areas I and II
(a) AVAILABILITY OF MAP.—The Secretary of the Interior and Adminis-
trator of General Services shall make available, for public inspection at ap-
propriate offices of the National Park Service and the General Services Ad-
ministration, the map numbered 869/86501, and dated May 1, 1986.
(b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—
(1) AREA I.—After seeking the advice of the National Capital Memo-
rial Commission, the Secretary or Administrator, as appropriate, may
recommend the location of a commemorative work in Area I only if the
Secretary or Administrator decides that the subject of the commemorative
work is of preeminent historical and lasting significance to the United
States. The Secretary or Administrator shall notify the Commission, the
Committee on House Administration of the House of Representatives,
and the Committee on Energy and Natural Resources of the Senate of
the recommendation that a commemorative work should be located in
Area I. The location of a commemorative work in Area I is deemed to
202
be authorized only if the recommendation is approved by law not later
than 150 calendar days after the notification.
(2) AREA II.—Commemorative works of subjects of lasting historical
significance to the American people may be located in Area II.
§ 8909. Administrative
(a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUCTION.—
Complete documentation of design and construction of each commemorative
work located in the District of Columbia and its environs shall be provided
to the Secretary of the Interior or Administrator of General Services, as ap-
propriate, and shall be permanently maintained in the manner provided by
law.
(b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On com-
pletion of any commemorative work in the District of Columbia and its envi-
rons, the Secretary or Administrator, as appropriate, shall assume responsi-
bility for maintaining the work.
(c) REGULATIONS OR STANDARDS.—The Secretary and Administrator shall
prescribe appropriate regulations or standards to carry out this chapter.
CHAPTER 91—COMMISSION OF FINE ARTS
Sec.
9101.
Establishment, composition, and vacancies.
9102.
Duties.
9103.
Personnel.
9104.
Authorization of appropriations.
§ 9101. Establishment, composition, and vacancies
(a) ESTABLISHMENT.—There is a Commission of Fine Arts.
(b) COMPOSITION.—The Commission is composed of seven well-qualified
judges of the fine arts, appointed by the President, who serve for four years
each or until their successors are appointed and qualified.
(c) VACANCIES.—The President shall fill vacancies on the Commission.
(d) EXPENSES.—Members of the Commission shall be paid actual expenses
in traveling to and from the District of Columbia to attend Commission meet-
ings and while attending those meetings.
§ 9102. Duties
(a) IN GENERAL.—The Commission of Fine Arts shall advise on—
(1) the location of statues, fountains, and monuments in the public
squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and monuments erect-
ed under the authority of the Federal Government;
(3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the President
or a committee of Congress.
203
(b) DUTY TO REQUEST ADVICE.—The officers required to decide the ques-
tions described in subsection (a)(1)–(3) shall request the Commission to pro-
vide the advice.
(c) NONAPPLICATION.—This section does not apply to the Capitol Building
and the Library of Congress buildings.
§ 9103. Personnel
The Commission of Fine Arts has a secretary and other assistance the Com-
mission authorizes. The secretary is the executive officer of the Commission.
§ 9104. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
CHAPTER 93—THEODORE ROOSEVELT ISLAND
Sec.
9301.
Maintenance and administration.
9302.
Consent of Theodore Roosevelt Association required for development.
9303.
Access to Theodore Roosevelt Island.
9304.
Source of appropriations.
§ 9301. Maintenance and administration
The Director of the National Park Service shall maintain and administer
Theodore Roosevelt Island as a natural park for the recreation and enjoyment
of the public.
§ 9302. Consent of Theodore Roosevelt Association required
for development
(a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Associa-
tion must approve every general plan for the development of Theodore Roo-
sevelt Island.
(b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Association
remains in existence, development inconsistent with the general plan may not
be carried out without the Association’s consent.
§ 9303. Access to Theodore Roosevelt Island
Subject to the approval of the National Capital Planning Commission and
the availability of appropriations, the Director of the National Park Service
may provide suitable means of access to and on Theodore Roosevelt Island.
§ 9304. Source of appropriations
The appropriations needed for construction of suitable means of access to
and on Theodore Roosevelt Island and annually for the care, maintenance,
and improvement of the land and improvements may be made from amounts
not otherwise appropriated from the Treasury.
CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER
PUBLIC WORKS IN THE DISTRICT OF COLUMBIA
Sec.
9501.
Chief of Engineers.
9502.
Authority of Chief of Engineers.
9503.
Record of property.
9504.
Reports.
9505.
Paying for main pipes.
204
9506.
Civil penalty.
9507.
Control of expenditures.
§ 9501. Chief of Engineers
(a) SUPERINTENDENCE DUTIES.—
(1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IM-
PROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engineers
has the immediate superintendence of—
(A) the Washington Aqueduct, together with all rights, appur-
tenances, and fixtures connected with the Aqueduct and belonging
to the Federal Government; and
(B) all other public works and improvements in the District of
Columbia in which the Government has an interest and which are
not otherwise specially provided for by law.
(2) OBEYING REGULATIONS.—In carrying out paragraph (1), the Chief
of Engineers shall obey regulations the President prescribes, through the
Secretary of the Army.
(b) NO INCREASE IN COMPENSATION.—The Chief of Engineers shall not re-
ceive additional compensation for the services required under this chapter.
(c) OFFICE.—The Chief of Engineers shall be furnished an office in one of
the public buildings in the District of Columbia, as the Administrator of Gen-
eral Services directs, and shall be supplied by the Federal Government with
stationery, instruments, books, and furniture which may be required for the
performance of the duties of the Chief of Engineers.
§ 9502. Authority of Chief of Engineers
(a) IN GENERAL.—The Chief of Engineers and necessary assistants may
use all lawful means to carry out their duties.
(b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—
(1) PROVIDING WATER.—The Chief of Engineers has complete control
over the Washington Aqueduct to regulate the manner in which the au-
thorities of the District of Columbia may tap the supply of water to the
inhabitants of the District of Columbia.
(2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall stop the
authorities of the District of Columbia from tapping the supply of water
when the supply is no more than adequate to the wants of the public
buildings and grounds.
(3) APPEAL OF DECISION.—The decision of the Chief of Engineers on
all questions concerning the supply of water under this subsection may
be appealed only to the Secretary of the Army.
§ 9503. Record of property
The Chief of Engineers shall keep in the office a complete record of all land
and other property connected with or belonging to the Washington Aqueduct
and other public works under the charge of the Chief of Engineers, together
205
with accurate plans and surveys of the public grounds and reservations in
the District of Columbia.
§ 9504. Reports
As superintendent of the Washington Aqueduct, the Chief of Engineers an-
nually shall submit to the Secretary of the Army, within nine months after
the end of the fiscal year, a report of the Chief of Engineers’ operations for
that year and a report of the condition, progress, repairs, casualties, and ex-
penditures of the Washington Aqueduct and other public works under the
charge of the Chief of Engineers.
§ 9505. Paying for main pipes
(a) FEDERAL GOVERNMENT.—The Federal Government shall only pay for
the number of main pipes of the Washington Aqueduct needed to furnish pub-
lic buildings, offices, and grounds with the necessary supply of water.
(b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the cost
of any main pipe of the Washington Aqueduct which supplies water to the
inhabitants of the District of Columbia, in the manner provided by law.
§ 9506. Civil penalty
A person that, without the consent of the Chief of Engineers, taps or opens
the mains or pipes laid by the Federal Government is liable to the Govern-
ment for a civil penalty of at least $50 and not more than $500.
§ 9507. Control of expenditures
Unless expressly provided for by law, the Secretary of the Army shall direct
the expenditure of amounts appropriated for the Washington Aqueduct and
for other public works in the District of Columbia.
SUBTITLE III—INFORMATION TECHNOLOGY
MANAGEMENT
CHAPTER
Sec.
111.
GENERAL ................................................................................................................
11101
113.
RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECH-
NOLOGY.
11301
115.
INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS .........
11501
117.
ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
11701
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) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the mean-
ing given that term in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
(2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the mean-
ing given that term in section 4 of the Act (41 U.S.C. 403).
206
(3) INFORMATION RESOURCES.—The term ‘‘information resources’’ has
the meaning given that term in section 3502 of title 44.
(4) INFORMATION RESOURCES MANAGEMENT.—The term ‘‘information
resources management’’ has the meaning given that term in section 3502
of title 44.
(5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the
meaning given that term in section 3502 of title 44.
(6) 
INFORMATION
TECHNOLOGY.—The 
term 
‘‘information
technology’’—
(A) with respect to an executive agency means any equipment or
interconnected system or subsystem of equipment, used in the auto-
matic acquisition, storage, 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 perform-
ance of a service or the furnishing of a product;
(B) includes computers, ancillary equipment, software, firmware
and similar procedures, services (including support services), and
related resources; but
(C) does not include any equipment acquired by a federal con-
tractor incidental to a federal contract.
§ 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 in-
formation technology; and
(2) a five percent increase in the efficiency of the agency operations.
§ 11103. Applicability to national security systems
(a) DEFINITION.—
(1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘national
security system’’ means a telecommunications or information system op-
erated by the Federal Government, the function, operation, or use of
which—
(A) involves intelligence activities;
(B) involves cryptologic activities related to national security;
(C) involves command and control of military forces;
207
(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) LIMITATION.—Paragraph (1)(E) does not include a system to be
used for routine administrative and business applications (including
payroll, finance, logistics, and personnel management applications).
(b) IN GENERAL.—Except as provided in subsection (c), chapter 113 of this
title does not apply to national security systems.
(c) EXCEPTIONS.—
(1) IN GENERAL.—Sections 11313, 11315, and 11316 of this title
apply to national security systems.
(2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of ex-
ecutive agencies shall apply sections 11302 and 11312 of this title to na-
tional security systems to the extent practicable.
(3) APPLICABILITY
OF
PERFORMANCE-BASED
AND
RESULTS-BASED
MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—
(A) IN GENERAL.—Subject to subparagraph (B), the heads of ex-
ecutive agencies shall apply section 11303 of this title to national
security systems to the extent practicable.
(B) EXCEPTION.—National security systems are subject to section
11303(b)(5) of this title, except for subparagraph (B)(iv).
CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
Sec.
11301.
Responsibility of Director.
11302.
Capital planning and investment control.
11303.
Performance-based and results-based management.
SUBCHAPTER II—EXECUTIVE AGENCIES
11311.
Responsibilities.
11312.
Capital planning and investment control.
11313.
Performance and results-based management.
11314.
Authority to acquire and manage information technology.
11315.
Agency Chief Information Officer.
11316.
Accountability.
11317.
Significant deviations.
11318.
Interagency support.
SUBCHAPTER III—OTHER RESPONSIBILITIES
11331.
Responsibilities regarding efficiency, security, and privacy of federal computer systems.
11332.
Federal computer system security training and plan.
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND
BUDGET
§ 11301. Responsibility of Director
In fulfilling the responsibility to administer the functions assigned under
chapter 35 of title 44, the Director of the Office of Management and Budget
208
shall comply with this chapter with respect to the specific matters covered by
this chapter.
§ 11302. Capital planning and investment control
(a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office of
Management and Budget shall perform the responsibilities set forth in this
section in fulfilling the responsibilities under section 3504(h) of title 44.
(b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—The Di-
rector shall promote and improve the acquisition, use, and disposal of infor-
mation technology by the Federal Government to improve the productivity, ef-
ficiency, and effectiveness of federal programs, including through dissemina-
tion of public information and the reduction of information collection burdens
on the public.
(c) USE OF BUDGET PROCESS.—
(1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVESTMENTS.—
As part of the budget process, the Director shall develop a process for
analyzing, tracking, and evaluating the risks and results of all major
capital investments made by an executive agency for information sys-
tems. The process shall cover the life of each system and shall include
explicit criteria for analyzing the projected and actual costs, benefits,
and risks associated with the investments.
(2) REPORT TO CONGRESS.—At the same time that the President sub-
mits the budget for a fiscal year to Congress under section 1105(a) of
title 31, the Director shall submit to Congress a report on the net pro-
gram performance benefits achieved as a result of major capital invest-
ments made by executive agencies for information systems and how the
benefits relate to the accomplishment of the goals of the executive agen-
cies.
(d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall oversee
the development and implementation of standards and guidelines pertaining
to federal computer systems by the Secretary of Commerce through the Na-
tional Institute of Standards and Technology under section 11331 of this title
and section 20 of the National Institute of Standards and Technology Act (15
U.S.C. 278g–3).
(e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.— The Direc-
tor shall designate the head of one or more executive agencies, as the Director
considers appropriate, as executive agent for Government-wide acquisitions of
information technology.
(f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall encour-
age the heads of the executive agencies to develop and use the best practices
in the acquisition of information technology.
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(g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION TECH-
NOLOGY.—On a continuing basis, the Director shall assess the experiences of
executive agencies, state and local governments, international organizations,
and the private sector in managing information technology.
(h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY.—The
Director shall compare the performances of the executive agencies in using in-
formation technology and shall disseminate the comparisons to the heads of
the executive agencies.
(i) MONITORING TRAINING.—The Director shall monitor the development
and implementation of training in information resources management for ex-
ecutive agency personnel.
(j) INFORMING CONGRESS.—The Director shall keep Congress fully in-
formed on the extent to which the executive agencies are improving the per-
formance of agency programs and the accomplishment of the agency missions
through the use of the best practices in information resources management.
(k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Director
shall coordinate with the Office of Federal Procurement Policy the develop-
ment and review by the Administrator of the Office of Information and Regu-
latory Affairs of policy associated with federal acquisition of information
technology.
§ 11303. Performance-based and results-based management
(a) IN GENERAL.—The Director of the Office of Management and Budget
shall encourage the use of performance-based and results-based management
in fulfilling the responsibilities assigned under section 3504(h) of title 44.
(b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—
(1) REQUIREMENT.—The Director shall evaluate the information re-
sources management practices of the executive agencies with respect to
the performance and results of the investments made by the executive
agencies in information technology.
(2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director shall
issue to the head of each executive agency clear and concise direction that
the head of each agency shall—
(A) establish effective and efficient capital planning processes for
selecting, managing, and evaluating the results of all of its major
investments in information systems;
(B) determine, before making an investment in a new informa-
tion system—
(i) whether the function to be supported by the system should
be performed by the private sector and, if so, whether any com-
ponent of the executive agency performing that function should
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(iii) using other administrative controls over appropriations
to restrict the availability of amounts for information re-
sources; 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 infor-
mation 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.
(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 those investments,
and the evaluation of the results of those investments;
(2) be integrated with the processes for making budget, financial, and
program management decisions in the executive agency;
(3) include minimum criteria to be applied in considering whether to
undertake a particular investment in information systems, including cri-
teria 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 invest-
ment projects;
(4) identify information systems investments that would result in
shared benefits or costs for other federal agencies or state or local govern-
ments;
(5) identify quantifiable measurements for determining the net benefits
and risks of a proposed investment; and
(6) provide the means for senior management personnel of the execu-
tive 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, timeli-
ness, and quality.
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§ 11313. Performance and results-based management
In fulfilling the responsibilities under section 3506(h) of title 44, 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;
(2) prepare an annual report, to be included in the executive agency’s
budget submission to Congress, on the progress in achieving the goals;
(3) ensure that performance measurements—
(A) are prescribed for information technology used by, or to be
acquired for, the executive agency; and
(B) measure how well the information technology supports pro-
grams of the executive agency;
(4) where comparable processes and organizations in the public or pri-
vate sectors exist, quantitatively benchmark agency process performance
against those processes in terms of cost, speed, productivity, and quality
of outputs and outcomes;
(5) analyze the missions of the executive agency and, based on the
analysis, revise the executive agency’s mission-related processes and ad-
ministrative processes as appropriate before making significant invest-
ments in information technology to be used in support of the perform-
ance of those missions; and
(6) ensure that the information security policies, procedures, and prac-
tices of the executive agency are adequate.
§ 11314. Authority to acquire and manage information tech-
nology
(a) IN GENERAL.—The authority of the head of an executive agency to ac-
quire information technology includes—
(1) acquiring information technology as authorized by law;
(2) making a contract that provides for multiagency acquisitions of
information technology in accordance with guidance issued by the Direc-
tor of the Office of Management and Budget; and
(3) if the Director finds that it would be advantageous for the Federal
Government to do so, making a multiagency contract for procurement of
commercial items of information technology that requires each executive
agency covered by the contract, when procuring those items, to procure
the items under that contract or to justify an alternative procurement
of the items.
(b) FTS 2000 PROGRAM.—The Administrator of General Services shall
continue to manage the FTS 2000 program, and to coordinate the follow-on
to that program, for and with the advice of the heads of executive agencies.
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§ 11315. Agency Chief Information Officer
(a) DEFINITION.—In this section, the term ‘‘information technology archi-
tecture’’, with respect to an executive agency, means an integrated framework
for evolving or maintaining existing information technology and acquiring
new information technology to achieve the agency’s strategic goals and infor-
mation resources management goals.
(b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an ex-
ecutive agency is responsible for—
(1) providing advice and other assistance to the head of the executive
agency and other senior management personnel of the executive agency
to ensure that information technology is acquired and information re-
sources are managed for the executive agency in a manner that imple-
ments the policies and procedures of this subtitle, consistent with chapter
35 of title 44 and the priorities established by the head of the executive
agency;
(2) developing, maintaining, and facilitating the implementation of a
sound and integrated information technology architecture for the execu-
tive agency; and
(3) promoting the effective and efficient design and operation of all
major information resources management processes for the executive
agency, including improvements to work processes of the executive agen-
cy.
(c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer of an
agency listed in section 901(b) of title 31—
(1) has information resources management duties as that official’s pri-
mary duty;
(2) monitors the performance of information technology programs of
the agency, evaluates the performance of those programs on the basis of
the applicable performance measurements, and advises the head of the
agency regarding whether to continue, modify, or terminate a program
or project; and
(3) annually, as part of the strategic planning and performance eval-
uation process required (subject to section 1117 of title 31) under section
306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as added
by section 5(a) of the Government Performance and Results Act of 1993
(Public Law 103–62, 107 Stat. 289)) of title 31—
(A) assesses the requirements established for agency personnel re-
garding knowledge and skill in information resources management
and the adequacy of those requirements for facilitating the achieve-
ment of the performance goals established for information resources
management;
214
(B) assesses the extent to which the positions and personnel at the
executive level of the agency and the positions and personnel at
management level of the agency below the executive level meet those
requirements;
(C) develops strategies and specific plans for hiring, training,
and professional development to rectify any deficiency in meeting
those requirements; and
(D) reports to the head of the agency on the progress made in
improving information resources management capability.
§ 11316. Accountability
The head of each executive agency, in consultation with the Chief Informa-
tion Officer and the Chief Financial Officer of that executive agency (or, in
the case of an executive agency without a chief financial officer, any com-
parable official), shall establish policies and procedures to ensure that—
(1) the accounting, financial, asset management, and other informa-
tion systems of the executive agency are designed, developed, maintained,
and used effectively to provide financial or program performance data
for financial statements of the executive agency;
(2) financial and related program performance data are provided on
a reliable, consistent, and timely basis to executive agency financial
management systems; and
(3) financial statements support—
(A) assessments and revisions of mission-related processes and ad-
ministrative processes of the executive agency; and
(B) measurement of the performance of investments made by the
agency in information systems.
§ 11317. Significant deviations
The head of each executive agency shall identify in the strategic informa-
tion resources management plan required under section 3506(b)(2) of title 44
any major information technology acquisition program, or any phase or in-
crement of that program, that has significantly deviated from the cost, per-
formance, or schedule goals established for the program.
§ 11318. Interagency support
The head of an executive agency may use amounts available to the agency
for oversight, acquisition, and procurement of information technology to sup-
port jointly with other executive agencies the activities of interagency groups
that are established to advise the Director of the Office of Management and
Budget in carrying out the Director’s responsibilities under this chapter. The
use of those amounts for that purpose is subject to requirements and limita-
tions on uses and amounts that the Director may prescribe. The Director shall
prescribe the requirements and limitations during the Director’s review of the