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nent public park purposes for which control over the land is needed are
not essentially impaired by the reserved rights and that there is a sub-
stantial saving in cost by acquiring the land subject to the limited
rights as compared 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, park-
way, 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 Com-
mission;
(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
interests of the District of Columbia, may sell to the highest bidder at pub-
lic 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 Dis-
trict of Columbia and the Commission find to be no longer required for pub-
lic purposes.
(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 pur-
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poses. 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.
(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 oth-
erwise 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 propor-
tion that each—
(A) paid the appropriations used to acquire the parcels; or
(B) was obligated to pay the appropriations, at the time of ac-
quisition, 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
description 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
continental United States as determined by the last preceding decennial cen-
sus may be appropriated each year in the District of Columbia Appropria-
tion Act for the National Capital Planning Commission to use for the pay-
ment of its expenses and for the acquisition of land the Commission may
acquire under section 8731 of this title for the purposes named, including
compensation 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 Treasury 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.
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8907.
Temporary site designation.
8908.
Areas I and II.
8909.
Administrative.
§ 8901. Purposes
The purposes of this chapter are—
(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 adminis-
tered 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
garden or memorial grove, designed to perpetuate in a permanent
manner the memory of an individual, group, event or other signifi-
cant 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 Ad-
ministrator of General Services administer.
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(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—
(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 mili-
tary conflict or a branch of the armed forces. A commemorative work com-
memorating a lesser conflict or a unit of an armed force may not be author-
ized. 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
commemorative work commemorating an event, individual, or group of indi-
viduals, 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 COMMIS-
SION.—In considering legislation authorizing commemorative works in the
District of Columbia and its environs, the Committee on House Administra-
tion of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate shall solicit the views of the National Cap-
ital 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
Administrator 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
Memorial 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;
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(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
Memorial Commission.
(c) ADVISORY ROLE.—The National Capital Memorial Commission shall
advise the Secretary of the Interior and the Administrator of General Serv-
ices on policy and procedures for establishment of, and proposals to estab-
lish, commemorative works in the District of Columbia and its environs and
on other matters concerning commemorative works in the Nation’s Capital
as the Commission 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
Capital 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 Cap-
ital Planning Commission for their approval.
(b) DECISION CRITERIA.—In considering site and design proposals, the
Commission of Fine Arts, National Capital Planning Commission, Sec-
retary, and Administrator shall be guided by, but not limited by, the fol-
lowing criteria:
(1) SURROUNDINGS.—To the maximum extent possible, a commemo-
rative 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 du-
rable material suitable to the outdoor environment.
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(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
construction of a commemorative work in the District of Columbia and its
environs, 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 Ad-
ministrator, the National Capital Planning Commission and the Com-
mission of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation
and maintenance have been consulted to determine structural sound-
ness and durability of the commemorative work and to ensure that the
commemorative 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
Interior or Administrator. The Secretary of the Interior or Adminis-
trator shall not request more from the separate account than the total
amount deposited by persons establishing commemorative works in
areas the Secretary of the Interior or Administrator administers.
(3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the In-
terior and Administrator shall maintain an inventory of amounts avail-
able under this subsection. The amounts are not subject to annual ap-
propriations.
(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.
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(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
Secretary or Administrator determines that fundraising efforts relating to
the work have misrepresented an affiliation with the work or the Federal
Government.
(d) ANNUAL REPORT.—The person authorized to construct a commemo-
rative work under this chapter must submit to the Secretary of the Interior
or Administrator an annual report of operations, including financial state-
ments 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
consultation 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 Co-
lumbia.
(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 adminis-
tration 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
expense 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
display 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 commemora-
tive work is of preeminent historical and lasting significance to the
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United States. The Secretary or Administrator shall notify the Com-
mission, the Committee on House Administration of the House of Rep-
resentatives, 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 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 CONSTRUC-
TION.—Complete documentation of design and construction of each com-
memorative 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 appropriate, and shall be permanently maintained in the man-
ner provided by law.
(b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On
completion of any commemorative work in the District of Columbia and its
environs, the Secretary or Administrator, as appropriate, shall assume re-
sponsibility for maintaining the work.
(c) REGULATIONS OR STANDARDS.—The Secretary and Administrator
shall prescribe appropriate regulations or standards to carry out this chap-
ter.
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 ex-
penses in traveling to and from the District of Columbia to attend Commis-
sion meetings 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;
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(2) the selection of models for statues, fountains, and monuments
erected 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 Presi-
dent or a committee of Congress.
(b) DUTY TO REQUEST ADVICE.—The officers required to decide the
questions described in subsection (a)(1)–(3) shall request the Commission
to provide the advice.
(c) NONAPPLICATION.—This section does not apply to the Capitol Build-
ing and the Library of Congress buildings.
§ 9103. Personnel
The Commission of Fine Arts has a secretary and other assistance the
Commission authorizes. The secretary is the executive officer of the Com-
mission.
§ 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 enjoy-
ment of the public.
§ 9302. Consent of Theodore Roosevelt Association required
for development
(a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Asso-
ciation must approve every general plan for the development of Theodore
Roosevelt Island.
(b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Associa-
tion 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, mainte-
nance, and improvement of the land and improvements may be made from
amounts not otherwise appropriated from the Treasury.
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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.
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 Engi-
neers 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
receive 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
General 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 con-
trol over the Washington Aqueduct to regulate the manner in which the
authorities 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.
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(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 Aq-
ueduct and other public works under the charge of the Chief of Engineers,
together with accurate plans and surveys of the public grounds and reserva-
tions in the District of Columbia.
§ 9504. Reports
As superintendent of the Washington Aqueduct, the Chief of Engineers
annually 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’ oper-
ations for that year and a report of the condition, progress, repairs, casual-
ties, and expenditures 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 fur-
nish public 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
Government 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 di-
rect 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 MAT-
TERS.
11701
CHAPTER 111—GENERAL
Sec.
11101.
Definitions.
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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
meaning given that term in section 4 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403).
(2) EXECUTIVE
AGENCY.—The term ‘‘executive agency’’ has the
meaning given that term in section 4 of the Act (41 U.S.C. 403).
(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 ‘‘informa-
tion resources management’’ has the meaning given that term in sec-
tion 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
automatic acquisition, storage, manipulation, management, move-
ment, control, display, switching, interchange, transmission, or re-
ception 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 re-
quires the use—
(i) of that equipment; or
(ii) of that equipment to a significant extent in the per-
formance 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 improve-
ments 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
information technology; and
(2) a five percent increase in the efficiency of the agency operations.
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§ 11103. Applicability to national security systems
(a) DEFINITION.—
(1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘na-
tional security system’’ means a telecommunications or information sys-
tem operated 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;
(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
executive agencies shall apply sections 11302 and 11312 of this title
to national 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
executive agencies shall apply section 11303 of this title to na-
tional security systems to the extent practicable.
(B) EXCEPTION.—National security systems are subject to sec-
tion 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.
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11317.
Significant deviations.
11318.
Interagency support.
SUBCHAPTER III—OTHER RESPONSIBILITIES
11331.
Responsibilities regarding efficiency, security, and privacy of federal computer sys-
tems.
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 Budg-
et 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
Director shall promote and improve the acquisition, use, and disposal of in-
formation technology by the Federal Government to improve the produc-
tivity, efficiency, and effectiveness of federal programs, including through
dissemination of public information and the reduction of information collec-
tion burdens on the public.
(c) USE OF BUDGET PROCESS.—
(1) ANALYZING, TRACKING, AND
EVALUATING
CAPITAL
INVEST-
MENTS.—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 informa-
tion systems. 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
submits 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
program performance benefits achieved as a result of major capital in-
vestments made by executive agencies for information systems and how
the benefits relate to the accomplishment of the goals of the executive
agencies.
(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
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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 Di-
rector shall designate the head of one or more executive agencies, as the
Director considers appropriate, as executive agent for Government-wide ac-
quisitions of information technology.
(f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall en-
courage the heads of the executive agencies to develop and use the best
practices in the acquisition of information technology.
(g) ASSESSMENT
OF OTHER MODELS
FOR MANAGING INFORMATION
TECHNOLOGY.—On a continuing basis, the Director shall assess the experi-
ences of executive agencies, state and local governments, international orga-
nizations, 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 information 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
executive 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 mis-
sions through the use of the best practices in information resources manage-
ment.
(k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Di-
rector shall coordinate with the Office of Federal Procurement Policy the
development and review by the Administrator of the Office of Information
and Regulatory Affairs of policy associated with federal acquisition of infor-
mation technology.
§ 11303. Performance-based and results-based management
(a) IN GENERAL.—The Director of the Office of Management and Budg-
et shall encourage the use of performance-based and results-based manage-
ment 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.
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(4) identify information systems investments that would result in
shared benefits or costs for other federal agencies or state or local gov-
ernments;
(5) identify quantifiable measurements for determining the net bene-
fits 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.
§ 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 agen-
cy’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
private sectors exist, quantitatively benchmark agency process perform-
ance 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
practices 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
acquire information technology includes—
(1) acquiring information technology as authorized by law;
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(2) making a contract that provides for multiagency acquisitions of
information technology in accordance with guidance issued by the Di-
rector of the Office of Management and Budget; and
(3) if the Director finds that it would be advantageous for the Fed-
eral Government to do so, making a multiagency contract for procure-
ment 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 agen-
cies.
§ 11315. Agency Chief Information Officer
(a) DEFINITION.—In this section, the term ‘‘information technology ar-
chitecture’’, with respect to an executive agency, means an integrated frame-
work for evolving or maintaining existing information technology and ac-
quiring new information technology to achieve the agency’s strategic goals
and information resources management goals.
(b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an
executive 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 chap-
ter 35 of title 44 and the priorities established by the head of the exec-
utive 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
agency.
(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
primary duty;
(2) monitors the performance of information technology programs of
the agency, evaluates the performance of those programs on the basis
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of the applicable performance measurements, and advises the head of
the agency regarding whether to continue, modify, or terminate a pro-
gram 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 sec-
tion 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
regarding knowledge and skill in information resources manage-
ment and the adequacy of those requirements for facilitating the
achievement of the performance goals established for information
resources management;
(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 Infor-
mation 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, main-
tained, and used effectively to provide financial or program perform-
ance 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
administrative processes of the executive agency; and
(B) measurement of the performance of investments made by
the agency in information systems.
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§ 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
increment of that program, that has significantly deviated from the cost,
performance, 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
support jointly with other executive agencies the activities of interagency
groups that are established to advise the Director of the Office of Manage-
ment and Budget in carrying out the Director’s responsibilities under this
chapter. The use of those amounts for that purpose is subject to require-
ments and limitations on uses and amounts that the Director may prescribe.
The Director shall prescribe the requirements and limitations during the Di-
rector’s review of the executive agency’s proposed budget submitted to the
Director by the head of the executive agency for purposes of section 1105
of title 31.
SUBCHAPTER III—OTHER RESPONSIBILITIES
§ 11331. Responsibilities regarding efficiency, security, and
privacy of federal computer systems
(a) DEFINITIONS.—In this section, the terms ‘‘federal computer system’’
and ‘‘operator of a federal computer system’’ have the meanings given those
terms in section 20(d) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–3(d)).
(b) STANDARDS AND GUIDELINES.—
(1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—
(A) AUTHORITY TO PRESCRIBE.—On the basis of standards and
guidelines developed by the National Institute of Standards and
Technology pursuant to paragraphs (2) and (3) of section 20(a)
of the Act (15 U.S.C. 278g–3(a)(2), (3)), the Secretary of Com-
merce shall prescribe standards and guidelines pertaining to fed-
eral computer systems. The Secretary shall make those standards
compulsory and binding to the extent the Secretary determines
necessary to improve the efficiency of operation or security and
privacy of federal computer systems.
(B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President
may disapprove or modify those standards and guidelines if the
President determines that action to be in the public interest. The
President’s authority to disapprove or modify those standards and
guidelines may not be delegated. Notice of disapproval or modifica-
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tion shall be published promptly in the Federal Register. On re-
ceiving notice of disapproval or modification, the Secretary shall
immediately rescind or modify those standards or guidelines as di-
rected by the President.
(2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist-
ency, the Secretary shall exercise the authority conferred by this sec-
tion subject to direction by the President and in coordination with the
Director of the Office of Management and Budget.
(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a fed-
eral agency may employ standards for the cost-effective security and privacy
of sensitive information in a federal computer system in or under the super-
vision of that agency that are more stringent than the standards the Sec-
retary prescribes under this section if the more stringent standards contain
at least the applicable standards the Secretary makes compulsory and bind-
ing .
(d) WAIVER OF STANDARDS.—
(1) AUTHORITY OF THE SECRETARY.—The Secretary may waive in
writing compulsory and binding standards under subsection (b) if the
Secretary determines that compliance would—
(A) adversely affect the accomplishment of the mission of an op-
erator of a federal computer system; or
(B) cause a major adverse financial impact on the operator that
is not offset by Federal Government-wide savings.
(2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may dele-
gate to the head of one or more federal agencies authority to waive
those standards to the extent the Secretary determines that action to
be necessary and desirable to allow for timely and effective implementa-
tion of federal computer system standards. The head of the agency may
redelegate that authority only to a chief information officer designated
pursuant to section 3506 of title 44.
(3) NOTICE.—Notice of each waiver and delegation shall be trans-
mitted promptly to Congress and published promptly in the Federal
Register.
§ 11332. Federal computer system security training and plan
(a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘fed-
eral agency’’, ‘‘federal computer system’’, ‘‘operator of a federal computer
system’’, and ‘‘sensitive information’’ have the meanings given those terms
in section 20(d) of the National Institute of Standards and Technology Act
(15 U.S.C. 278g–3(d)).
(b) TRAINING—
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(1) IN GENERAL.—Each federal agency shall provide for mandatory
periodic training in computer security awareness and accepted com-
puter security practice of all employees who are involved with the man-
agement, use, or operation of each federal computer system within or
under the supervision of the agency. The training shall be–
(A) provided in accordance with the guidelines developed pursu-
ant to section 20(a)(5) of the Act (15 U.S.C. 278g-3(a)(5)) and
the regulations prescribed under paragraph (3) for federal civilian
employees; or
(B) provided by an alternative training program that the head
of the agency approves after determining that the alternative
training program is at least as effective in accomplishing the ob-
jectives of the guidelines and regulations.
(2) TRAINING OBJECTIVES.—Training under this subsection shall be
designed—
(A) to enhance employees’ awareness of the threats to, and vul-
nerability of, computer systems; and
(B) to encourage the use of improved computer security prac-
tices.
(3) REGULATIONS.—The Director of the Office of Personnel Man-
agement shall maintain regulations that establish the procedures and
scope of the training to be provided federal civilian employees under
this subsection and the manner in which the training is to be carried
out.
(c) PLAN.—
(1) IN GENERAL.—Consistent with standards, guidelines, policies,
and regulations prescribed pursuant to section 11331 of this title, each
federal agency shall maintain a plan for the security and privacy of
each federal computer system the agency identifies as being within or
under its supervision and as containing sensitive information. The plan
must be commensurate with the risk and magnitude of the harm result-
ing from the loss, misuse, or unauthorized access to, or modification
of, the information contained in the system.
(2) REVISION AND REVIEW.—The plan shall be revised annually as
necessary and is subject to disapproval by the Director of the Office
of Management and Budget.
(d) HANDLING OF INFORMATION NOT AFFECTED.—This section does
not—
(1) constitute authority to withhold information sought pursuant to
section 552 of title 5; or
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(2) authorize a federal agency to limit, restrict, regulate, or control
the collection, maintenance, disclosure, use, transfer, or sale of any in-
formation (regardless of the medium in which the information may be
maintained) that is—
(A) privately owned information;
(B) disclosable under section 552 of title 5 or another law re-
quiring or authorizing the public disclosure of information; or
(C) public domain information.
CHAPTER 115—INFORMATION TECHNOLOGY
ACQUISITION PILOT PROGRAMS
SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS
Sec.
11501.
Authority to conduct pilot programs.
11502.
Evaluation criteria and plans.
11503.
Report.
11504.
Recommended legislation.
11505.
Rule of construction.
SUBCHAPTER II—SPECIFIC PILOT PROGRAMS
11521.
Share-in-savings pilot program.
11522.
Solutions-based contracting pilot program.
SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS
§ 11501. Authority to conduct pilot programs
(a) IN GENERAL.—
(1) PURPOSE.—In consultation with the Administrator for the Office
of Information and Regulatory Affairs, the Administrator for Federal
Procurement Policy may conduct pilot programs to test alternative ap-
proaches for the acquisition of information technology by executive
agencies.
(2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—
Except as otherwise provided in this chapter, each pilot program con-
ducted under this chapter shall be carried out in not more than two
procuring activities in each of the executive agencies that are des-
ignated by the Administrator for Federal Procurement Policy in ac-
cordance with this chapter to carry out the pilot program. With the ap-
proval of the Administrator for Federal Procurement Policy, the head
of each designated executive agency shall select the procuring activities
of the executive agency that are to participate in the test and shall des-
ignate a procurement testing official who shall be responsible for the
conduct and evaluation of the pilot program within the executive agen-
cy.
(b) LIMITATIONS.—
(1) NUMBER.—Not more than two pilot programs may be conducted
under this chapter, including one pilot program each pursuant to the
requirements of sections 11521 and 11522 of this title.
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(2) AMOUNT.—The total amount obligated for contracts entered into
under the pilot programs conducted under this chapter may not exceed
$750,000,000. The Administrator for Federal Procurement Policy shall
monitor those contracts and ensure that contracts are not entered into
in violation of this paragraph.
(c) PERIOD OF PROGRAMS.—
(1) IN GENERAL.—Subject to paragraph (2), a pilot program may
be carried out under this chapter for the period, not in excess of five
years, the Administrator for Federal Procurement Policy determines is
sufficient to establish reliable results.
(2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into
under the pilot program before the expiration of that program remains
in effect according to the terms of the contract after the expiration of
the program.
§ 11502. Evaluation criteria and plans
(a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable,
the head of each executive agency conducting a pilot program under section
11501 of this title shall establish measurable criteria for evaluating the ef-
fects of the procedures or techniques to be tested under the program.
(b) TEST PLAN.—Before a pilot program may be conducted under section
11501 of this title, the Administrator for Federal Procurement Policy shall
submit to Congress a detailed test plan for the program, including a de-
tailed description of the procedures to be used and a list of regulations that
are to be waived.
§ 11503. Report
(a) REQUIREMENT.—Not later than 180 days after the completion of a
pilot program under this chapter, the Administrator for Federal Procure-
ment Policy shall—
(1) submit to the Director of the Office of Management and Budget
a report on the results and findings under the program; and
(2) provide a copy of the report to Congress.
(b) CONTENT.—The report shall include—
(1) a detailed description of the results of the program, as measured
by the criteria established for the program; and
(2) a discussion of legislation that the Administrator recommends,
or changes in regulations that the Administrator considers necessary,
to improve overall information resources management in the Federal
Government.
§ 11504. Recommended legislation
If the Director of the Office of Management and Budget determines that
the results and findings under a pilot program under this chapter indicate
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that legislation is necessary or desirable to improve the process for acquisi-
tion of information technology, the Director shall transmit the Director’s
recommendations for that legislation to Congress.
§ 11505. Rule of construction
This chapter does not authorize the appropriation or obligation of
amounts for the pilot programs authorized under this chapter.
SUBCHAPTER II—SPECIFIC PILOT PROGRAMS
§ 11521. Share-in-savings pilot program
(a) REQUIREMENT.—The Administrator for Federal Procurement Policy
may authorize the heads of two executive agencies to carry out a pilot pro-
gram to test the feasibility of—
(1) contracting on a competitive basis with a private sector source
to provide the Federal Government with an information technology so-
lution for improving mission-related or administrative processes of the
Federal Government; and
(2) paying the private sector source an amount equal to a portion
of the savings derived by the Federal Government from any improve-
ments in mission-related processes and administrative processes that
result from implementation of the solution.
(b) LIMITATIONS.—The head of an executive agency authorized to carry
out the pilot program may carry out one project and enter into not more
than five contracts for the project under the pilot program.
(c) SELECTION OF PROJECTS.—In consultation with the Administrator
for the Office of Information and Regulatory Affairs, the Administrator for
Federal Procurement Policy shall select the projects.
§ 11522. Solutions-based contracting pilot program
(a) DEFINITION.—For purposes of this section, ‘‘solutions-based con-
tracting’’ is an acquisition method under which the acquisition objectives are
defined by the Federal Government user of the technology to be acquired,
a streamlined contractor selection process is used, and industry sources are
allowed to provide solutions that attain the objectives effectively.
(b) IN GENERAL.—The Administrator for Federal Procurement Policy
may authorize the head of an executive agency, in accordance with sub-
section (d), to carry out a pilot program to test the feasibility of using solu-
tions-based contracting for the acquisition of information technology.
(c) PROCESS REQUIREMENTS.—The Administrator shall require use of a
process with the following aspects for acquisitions under the pilot program:
(1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—Prepara-
tion of an acquisition plan that defines the functional requirements of
the intended users of the information technology to be acquired, identi-
fies the operational improvements to be achieved, and defines the per-
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formance measurements to be applied in determining whether the infor-
mation technology acquired satisfies the defined requirements and at-
tains the identified results.
(2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement
of work that is limited to an expression of the end results or perform-
ance capabilities desired under the acquisition plan.
(3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acqui-
sition organization consisting of the following:
(A) An acquisition management team, the members of which are
to be evaluated and rewarded under the pilot program for con-
tributions toward attainment of the desired results identified in
the acquisition plan.
(B) A small source selection team composed of representatives
of the specific mission or administrative area to be supported by
the information technology to be acquired, a contracting officer,
and individuals with relevant expertise.
(4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE
QUALIFICATIONS
AND
COSTS.—Use of source selection factors that
emphasize—
(A) the qualifications of the offeror, including personnel skills,
previous experience in providing other private or public sector or-
ganizations with solutions for attaining objectives similar to the
objectives of the acquisition, past contract performance, qualifica-
tions of the proposed program manager, and the proposed man-
agement plan; and
(B) the costs likely to be associated with the conceptual ap-
proach proposed by the offeror.
(5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—Open
availability of the following information to potential offerors:
(A) The agency mission to be served by the acquisition.
(B) The functional process to be performed by use of informa-
tion technology.
(C) The process improvements to be attained.
(6) SIMPLE SOLICITATION.—Use of a simple solicitation that sets
forth only the functional work description, the source selection factors
to be used in accordance with paragraph (4), the required terms and
conditions, instructions regarding submission of offers, and the esti-
mate of the Government’s budget for the desired work.
(7) SIMPLE PROPOSALS.—Submission of oral presentations and writ-
ten proposals that are limited in size and scope and contain informa-
tion on—
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(C) As many successive program definition phases as necessary
to award a contract in accordance with subparagraph (B).
(10) SYSTEM IMPLEMENTATION PHASING.—System implementation
to be executed in phases that are tailored to the solution, with appro-
priate contract arrangements being used for various phases and activi-
ties.
(11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Gov-
ernment or the contractor to terminate the contract without penalty at
the end of any phase defined for the project.
(12) TIME MANAGEMENT DISCIPLINE.—Application of a standard for
awarding a contract within 105 to 120 days after issuance of the solici-
tation, except that the Administrator may approve the application of
a longer standard period.
(d) PILOT PROGRAM PROJECTS.—The Administrator shall authorize to be
carried out under the pilot program—
(1) not more than 10 projects, each of which has an estimated cost
of at least $25,000,000 and not more than $100,000,000; and
(2) not more than 10 projects for small business concerns, each of
which has an estimated cost of at least $1,000,000 and not more than
$5,000,000.
(e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller General
shall—
(1) monitor the conduct, and review the results, of acquisitions under
the pilot program; and
(2) submit to Congress periodic reports containing the views of the
Comptroller General on the activities, results, and findings under the
pilot program.
CHAPTER 117—ADDITIONAL INFORMATION RESOURCES
MANAGEMENT MATTERS
Sec.
11701.
On-line multiple award schedule contracting.
11702.
Identification of excess and surplus computer equipment.
11703.
Index of certain information in information systems included in directory established
under section 4101 of title 44.
11704.
Procurement procedures.
§ 11701. On-line multiple award schedule contracting
(a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—To
provide for the economic and efficient procurement of information tech-
nology and other commercial items, the Administrator of General Services
shall provide Federal Government-wide on-line computer access to informa-
tion on products and services that are available for ordering through the
multiple award schedules.
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(b) REQUIREMENTS.—The system for providing on-line computer access
shall—
(1) have the capability to—
(A) provide basic information on prices, features, and perform-
ance of all products and services available for ordering through the
multiple award schedules;
(B) provide for updating that information to reflect changes in
prices, features, and performance as soon as information on the
changes becomes available; and
(C) enable users to make on-line computer comparisons of the
prices, features, and performance of similar products and services
offered by various vendors; and
(2) be used to place orders under the multiple award schedules in
a fiscal year for an amount equal to at least 60 percent of the total
amount spent for all orders under the multiple award schedules in that
fiscal year.
(c) STREAMLINED PROCEDURES.—
(1) PILOT PROGRAM.—On certification by the Administrator of Gen-
eral Services that the system for providing on-line computer access
meets the requirements of subsection (b)(1) and was used as required
by subsection (b)(2) in the fiscal year preceding the fiscal year in which
the certification is made, the Administrator for Federal Procurement
Policy may establish a pilot program to test streamlined procedures for
the procurement of information technology products and services avail-
able for ordering through the multiple award schedules.
(2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—
Except as provided in paragraph (4), the pilot program shall be appli-
cable to all multiple award schedule contracts for the purchase of infor-
mation technology and shall test the following procedures:
(A) A procedure under which negotiation of the terms and con-
ditions for a covered multiple award schedule contract is limited
to terms and conditions other than price.
(B) A procedure under which the vendor establishes the prices
under a covered multiple award schedule contract and may adjust
those prices at any time in the discretion of the vendor.
(C) A procedure under which a covered multiple award schedule
contract is awarded to any responsible offeror that—
(i) has a suitable record of past performance, which may
include past performance on multiple award schedule con-
tracts;
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(ii) agrees to terms and conditions that the Administrator
for Federal Procurement Policy determines are required by
law or are appropriate for the purchase of commercial items;
and
(iii) agrees to establish and update prices, features, and
performance and to accept orders electronically through the
automated system established pursuant to subsection (a).
(3) COMPTROLLER GENERAL REVIEW AND REPORT.—
(A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—
Not later than three years after the date on which the pilot pro-
gram is established, the Comptroller General shall review the pilot
program and report to Congress on the results of the pilot pro-
gram.
(B) CONTENT OF REPORT.—The report shall include the fol-
lowing:
(i) An evaluation of the extent to which there is competi-
tion for the orders placed under the pilot program.
(ii) The effect that the streamlined procedures under the
pilot program have on prices charged under multiple award
schedule contracts.
(iii) The effect that those procedures have on paperwork
requirements for multiple award schedule contracts and or-
ders.
(iv) The impact of the pilot program on small businesses
and socially and economically disadvantaged small businesses.
(4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM
PILOT PROGRAM.—
(A) WHEN ALLOWED.—The Administrator for Federal Procure-
ment Policy may withdraw a multiple award schedule or portion
of a schedule from the pilot program if the Administrator deter-
mines that—
(i) price competition is not available under that schedule or
portion of that schedule; or
(ii) the cost to the Government for that schedule or portion
for the previous year was higher than it would have been if
the contract for that schedule or portion had been awarded
using procedures that would apply if the pilot program were
not in effect.
(B) NOTICE.—The Administrator for Federal Procurement Pol-
icy shall notify Congress at least 30 days before the date on which
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the Administrator withdraws a schedule or portion under this
paragraph.
(C) AUTHORITY NOT DELEGABLE.—The authority under this
paragraph may not be delegated.
(5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized by law,
the authority of the Administrator for Federal Procurement Policy to
award contracts under the pilot program shall expire four years after
the date on which the pilot program is established. A contract entered
into before the authority expires remains in effect according to the
terms of the contract after the expiration of the authority to award new
contracts under the pilot program.
§ 11702. Identification of excess and surplus computer
equipment
In accordance with chapter 5 of this title, the head of an executive agency
shall maintain an inventory of all computer equipment under the control of
that official that is excess or surplus property.
§ 11703. Index of certain information in information systems
included in directory established under section
4101 of title 44
If in designing an information technology system pursuant to this sub-
title, the head of an executive agency determines that a purpose of the sys-
tem is to disseminate information to the public, then the head of that execu-
tive agency shall reasonably ensure that an index of information dissemi-
nated by the system is included in the directory created pursuant to section
4101 of title 44. This section does not authorize the dissemination of infor-
mation to the public unless otherwise authorized.
§ 11704. Procurement procedures
To the maximum extent practicable, the Federal Acquisition Regulatory
Council shall ensure that the process for acquisition of information tech-
nology is a simplified, clear, and understandable process that specifically ad-
dresses the management of risk, incremental acquisitions, and the need to
incorporate commercial information technology in a timely manner.
SUBTITLE IV—APPALACHIAN REGIONAL
DEVELOPMENT
CHAPTER
Sec.
141.
GENERAL PROVISIONS ..............................................................................
14101
143.
APPALACHIAN REGIONAL COMMISSION ...............................................
14301
145.
SPECIAL APPALACHIAN PROGRAMS ......................................................
14501
147.
MISCELLANEOUS .........................................................................................
14701
CHAPTER 141—GENERAL PROVISIONS
Sec.
14101.
Findings and purposes.
14102.
Definitions.
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§ 14101. Findings and purposes
(a) 1965 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds and declares that the Appalachian
region of the United States, while abundant in natural resources and
rich in potential, lags behind the rest of the Nation in its economic
growth and that its people have not shared properly in the Nation’s
prosperity. The region’s uneven past development, with its historical re-
liance on a few basic industries and a marginal agriculture, has failed
to provide the economic base that is a vital prerequisite for vigorous,
self-sustaining growth. State and local governments and the people of
the region understand their problems and have been working, and will
continue to work, purposefully toward their solution. Congress recog-
nizes the comprehensive report of the President’s Appalachian Regional
Commission documenting these findings and concludes that regionwide
development is feasible, desirable, and urgently needed.
(2) PURPOSE.—It is the purpose of this subtitle to assist the region
in meeting its special problems, to promote its economic development,
and to establish a framework for joint federal and state efforts toward
providing the basic facilities essential to its growth and attacking its
common problems and meeting its common needs on a coordinated and
concerted regional basis. The public investments made in the region
under this subtitle shall be concentrated in areas where there is a sig-
nificant potential for future growth and where the expected return on
public dollars invested will be the greatest. States will be responsible
for recommending local and state projects within their borders that will
receive assistance under this subtitle. As the region obtains the needed
physical and transportation facilities and develops its human resources,
Congress expects that the region will generate a diversified industry
and that the region will then be able to support itself through the
workings of a strengthened free enterprise economy.
(b) 1975 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress further finds and declares that while sub-
stantial progress has been made toward achieving the purposes set out
in subsection (a), especially with respect to the provision of essential
public facilities, much remains to be accomplished, especially with re-
spect to the provision of essential health, education, and other public
services. Congress recognizes that changes and evolving national pur-
poses in the decade since 1965 affect not only the Appalachian region
but also its relationship to a nation that on December 31, 1975, is as-
signing higher priority to conservation and the quality of life, values
long cherished within the region. Appalachia as of December 31, 1975,
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has the opportunity, in accommodating future growth and development,
to demonstrate local leadership and coordinated planning so that hous-
ing, public services, transportation and other community facilities will
be provided in a way congenial to the traditions and beauty of the re-
gion and compatible with conservation values and an enhanced quality
of life for the people of the region, and consistent with that goal, the
Appalachian region should be able to take advantage of eco-industrial
development, which promotes both employment and economic growth
and the preservation of natural resources. Congress recognizes also
that fundamental changes are occurring in national energy require-
ments and production, which not only risk short-term dislocations but
will undoubtedly result in major long-term effects in the region. It is
essential that the opportunities for expanded energy production be used
so as to maximize the social and economic benefits and minimize the
social and environmental costs to the region and its people.
(2) PURPOSE.—It is also the purpose of this subtitle to provide a
framework for coordinating federal, state and local efforts toward—
(A) anticipating the effects of alternative energy policies and
practices;
(B) planning for accompanying growth and change so as to
maximize the social and economic benefits and minimize the social
and environmental costs; and
(C) implementing programs and projects carried out in the re-
gion by federal, state, and local governmental agencies so as to
better meet the special problems generated in the region by the
Nation’s energy needs and policies, including problems of trans-
portation, housing, community facilities, and human services.
(c) 1998 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress further finds and declares that while sub-
stantial progress has been made in fulfilling many of the objectives of
this subtitle, rapidly changing national and global economies over the
decade ending November 13, 1998, have created new problems and
challenges for rural areas throughout the United States and especially
for the Appalachian region.
(2) PURPOSE.—In addition to the purposes stated in subsections (a)
and (b), it is the purpose of this subtitle—
(A) to assist the Appalachian region in—
(i) providing the infrastructure necessary for economic and
human resource development;
(ii) developing the region’s industry;
(iii) building entrepreneurial communities;
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(iv) generating a diversified regional economy; and
(v) making the region’s industrial and commercial re-
sources more competitive in national and world markets;
(B) to provide a framework for coordinating federal, state, and
local initiatives to respond to the economic competitiveness chal-
lenges in the Appalachian region through—
(i) improving the skills of the region’s workforce;
(ii) adapting and applying new technologies for the region’s
businesses, including eco-industrial development technologies;
and
(iii) improving the access of the region’s businesses to the
technical and financial resources necessary to development of
the businesses; and
(C) to address the needs of severely and persistently distressed
areas of the Appalachian region and focus special attention on the
areas of greatest need so as to provide a fairer opportunity for the
people of the region to share the quality of life generally enjoyed
by citizens across the United States.
§ 14102. Definitions
(a) DEFINITIONS.—In this subtitle—
(1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ means
that area of the eastern United States consisting of the following coun-
ties (including any political subdivision located within the area):
(A) In Alabama, the counties of Bibb, Blount, Calhoun, Cham-
bers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman,
De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jef-
ferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madi-
son, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair,
Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.
(B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll,
Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert,
Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett,
Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin,
Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens,
Towns, Union, Walker, White, and Whitfield.
(C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,
Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,
Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,
Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel,
Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madi-
son, Magoffin, Martin, Menifee, Monroe, Montgomery, Morgan,
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Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell,
Wayne, Whitley, and Wolfe.
(D) In Maryland, the counties of Allegany, Garrett, and Wash-
ington.
(E) In Mississippi, the counties of Alcorn, Benton, Calhoun,
Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes,
Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola,
Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston,
and Yalobusha.
(F) In New York, the counties of Allegany, Broome,
Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Dela-
ware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.
(G) In North Carolina, the counties of Alexander, Alleghany,
Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,
Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,
Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
(H) In Ohio, the counties of Adams, Athens, Belmont, Brown,
Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har-
rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,
Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,
Scioto, Tuscarawas, Vinton, and Washington.
(I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea-
ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,
Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk,
Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jef-
ferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming,
McKean, Mercer, Mifflin, Monroe, Montour, Northumberland,
Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Sus-
quehanna, Tioga, Union, Venango, Warren, Washington, Wayne,
Westmoreland, and Wyoming.
(J) In South Carolina, the counties of Anderson, Cherokee,
Greenville, Oconee, Pickens, and Spartanburg.
(K) In Tennessee, the counties of Anderson, Bledsoe, Blount,
Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof-
fee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,
Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer-
son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs,
Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,
Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van
Buren, Warren, Washington, and White.
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(L) In Virginia, the counties of Alleghany, Bath, Bland,
Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,
Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Rus-
sell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
(M) All the counties of West Virginia.
(2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development
district’’ means any of the following entities for which the Governor of
the State in which the entity is located, or the appropriate state officer,
certifies to the Appalachian Regional Commission that the entity has
a charter or authority that includes the economic development of coun-
ties or parts of counties or other political subdivisions within the re-
gion:
(A) a nonprofit incorporated body organized or chartered under
the law of the State in which it is located.
(B) a nonprofit agency or instrumentality of a state or local
government.
(C) a nonprofit agency or instrumentality created through an
interstate compact.
(D) a nonprofit association or combination of bodies, agencies,
and instrumentalities described in this paragraph.
(b) CHANGE IN DEFINITION.—The Commission may not propose or con-
sider a recommendation for any change in the definition of the Appalachian
region as set forth in this section without a prior resolution by the Com-
mittee on Environment and Public Works of the Senate or the Committee
on Transportation and Infrastructure of the House of Representatives that
directs a study of the change.
CHAPTER 143—APPALACHIAN REGIONAL COMMISSION
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Sec.
14301.
Establishment, membership, and employees.
14302.
Decisions.
14303.
Functions.
14304.
Recommendations.
14305.
Liaison between Federal Government and Commission.
14306.
Administrative powers and expenses.
14307.
Meetings.
14308.
Information.
14309.
Personal financial interests.
14310.
Annual report.
SUBCHAPTER II—FINANCIAL ASSISTANCE
14321.
Grants and other assistance.
14322.
Approval of development plans, strategy statements, and projects.
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
§ 14301. Establishment, membership, and employees
(a) ESTABLISHMENT.—There is an Appalachian Regional Commission.
(b) MEMBERSHIP.—
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(1) FEDERAL AND STATE MEMBERS.—The Commission is composed
of the Federal Cochairman, appointed by the President by and with the
advice and consent of the Senate, and the Governor of each partici-
pating State in the Appalachian region.
(2) ALTERNATE MEMBERS.—Each state member may have a single
alternate, appointed by the Governor from among the members of the
Governor’s cabinet or the Governor’s personal staff. The President, by
and with the advice and consent of the Senate, shall appoint an alter-
nate for the Federal Cochairman. An alternate shall vote in the event
of the absence, death, disability, removal, or resignation of the member
for whom the individual is an alternate. A state alternate shall not be
counted toward the establishment of a quorum of the Commission when
a quorum of the state members is required.
(3) COCHAIRMEN.—The Federal Cochairman is one of the two Co-
chairmen of the Commission. The state members shall elect a Cochair-
man of the Commission from among themselves for a term of not less
than one year.
(c) COMPENSATION.—The Federal Cochairman shall be compensated by
the Federal Government at level III of the Executive Schedule as set out
in section 5314 of title 5. The Federal Cochairman’s alternate shall be com-
pensated by the Government at level V of the Executive Schedule as set out
in section 5316 of title 5. Each state member and alternate shall be com-
pensated by the State which they represent at the rate established by law
of that State.
(d) DELEGATION.—
(1) POWERS AND RESPONSIBILITIES.—Commission powers and re-
sponsibilities specified in section 14302(c) and (d) of this title, and the
vote of any Commission member, may not be delegated to an individual
who is not a Commission member or who is not entitled to vote in
Commission meetings.
(2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Fed-
eral Cochairman shall perform the functions and duties the Federal Co-
chairman delegates when not actively serving as the alternate.
(e) EXECUTIVE DIRECTOR.—The Commission has an executive director.
The executive director is responsible for carrying out the administrative
functions of the Commission, for directing the Commission staff, and for
other duties the Commission may assign.
(f) STATUS OF PERSONNEL.—Members, alternates, officers, and employ-
ees of the Commission are not federal employees for any purpose, except
the Federal Cochairman, the alternate to the Federal Cochairman, the staff
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of the Federal Cochairman, and federal employees detailed to the Commis-
sion under section 14306(a)(3) of this title.
§ 14302. Decisions
(a) REQUIREMENTS
FOR APPROVAL.—Except as provided in section
14306(d) of this title, decisions by the Appalachian Regional Commission
require the affirmative vote of the Federal Cochairman and of a majority
of the state members, exclusive of members representing States delinquent
under section 14306(d).
(b) CONSULTATION.—In matters coming before the Commission, the Fed-
eral Cochairman, to the extent practicable, shall consult with the federal de-
partments and agencies having an interest in the subject matter.
(c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision
involving Commission policy, approval of state, regional or subregional de-
velopment plans or strategy statements, modification or revision of the Ap-
palachian Regional Commission Code, allocation of amounts among the
States, or designation of a distressed county or an economically strong
county shall not be made without a quorum of state members.
(d) PROJECT AND GRANT PROPOSALS.—The approval of project and
grant proposals is a responsibility of the Commission and shall be carried
out in accordance with section 14322 of this title.
§ 14303. Functions
(a) IN GENERAL.—In carrying out the purposes of this subtitle, the Ap-
palachian Regional Commission shall—
(1) develop, on a continuing basis, comprehensive and coordinated
plans and programs and establish priorities under those plans and pro-
grams, giving due consideration to other federal, state, and local plan-
ning in the Appalachian region;
(2) conduct and sponsor investigations, research, and studies, includ-
ing an inventory and analysis of the resources of the region, and, in
cooperation with federal, state, and local agencies, sponsor demonstra-
tion projects designed to foster regional productivity and growth;
(3) review and study, in cooperation with the agency involved, fed-
eral, state, and local public and private programs and, where appro-
priate, recommend modifications or additions which will increase their
effectiveness in the region;
(4) formulate and recommend, where appropriate, interstate com-
pacts and other forms of interstate cooperation and work with state
and local agencies in developing appropriate model legislation;
(5) encourage the formation of, and support, local development dis-
tricts;
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(6) encourage private investment in industrial, commercial, and rec-
reational projects;
(7) serve as a focal point and coordinating unit for Appalachian pro-
grams;
(8) provide a forum for consideration of problems of the region and
proposed solutions and establish and utilize, as appropriate, citizens
and special advisory councils and public conferences;
(9) encourage the use of eco-industrial development technologies and
approaches; and
(10) seek to coordinate the economic development activities of, and
the use of economic development resources by, federal agencies in the
region.
(b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying
out its functions under this section, the Commission shall identify the char-
acteristics of, and may distinguish between the needs and goals of, appro-
priate subregional areas, including central, northern, and southern Appa-
lachia.
§ 14304. Recommendations
The Appalachian Regional Commission may make recommendations to
the President and to the Governors and appropriate local officials with re-
spect to—
(1) the expenditure of amounts by federal, state, and local depart-
ments and agencies in the Appalachian region in the fields of natural
resources, agriculture, education, training, and health and welfare and
in other fields related to the purposes of this subtitle; and
(2) additional federal, state, and local legislation or administrative
actions as the Commission considers necessary to further the purposes
of this subtitle.
§ 14305. Liaison between Federal Government and Commis-
sion
(a) PRESIDENT.—The President shall provide effective and continuing li-
aison between the Federal Government and the Appalachian Regional Com-
mission and a coordinated review within the Government of the plans and
recommendations submitted by the Commission pursuant to sections 14303
and 14304 of this title.
(b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In car-
rying out subsection (a), the President shall establish the Interagency Co-
ordinating Council on Appalachia, to be composed of the Federal Cochair-
man and representatives of federal agencies that carry out economic devel-
opment programs in the Appalachian region. The Federal Cochairman is the
Chairperson of the Council.
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§ 14306. Administrative powers and expenses
(a) POWERS.—To carry out its duties under this subtitle, the Appa-
lachian Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations governing the
conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and
other personnel as necessary to enable the Commission to carry out its
functions, except that the compensation shall not exceed the maximum
rate of basic pay for the Senior Executive Service under section 5382
of title 5, including any applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to detail
to temporary duty with the Commission personnel within the adminis-
trative jurisdiction of the head of the department or agency that the
Commission may need for carrying out its functions, each detail to be
without loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any state or local gov-
ernment, subdivision or agency of a state or local government, or inter-
governmental agency;
(5)(A) make arrangements, including contracts, with any partici-
pating state government for inclusion in a suitable retirement and em-
ployee benefit system of Commission personnel who may not be eligible
for, or continue in, another governmental retirement or employee ben-
efit system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services or any
property;
(7) enter into and perform contracts, leases (including the lease of
office space for any term), cooperative agreements, or other trans-
actions, necessary in carrying out its functions, on terms as it may con-
sider appropriate, with any—
(A) department, agency, or instrumentality of the Federal Gov-
ernment;
(B) State or political subdivision, agency, or instrumentality of
a State; or
(C) person;
(8) maintain a temporary office in the District of Columbia and es-
tablish a permanent office at a central and appropriate location it may
select and field offices at other places it may consider appropriate; and
(9) take other actions and incur other expenses as may be necessary
or appropriate.
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(b) AUTHORIZATIONS.—
(1) DETAIL
EMPLOYEES.—The head of a federal department or
agency may detail personnel under subsection (a)(3).
(2) ENTER
INTO
AND
PERFORM
TRANSACTIONS.—A department,
agency, or instrumentality of the Government, to the extent not other-
wise prohibited by law, may enter into and perform a contract, lease,
cooperative agreement, or other transaction under subsection (a)(7).
(c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di-
rector of the Office of Personnel Management may contract with the Com-
mission for continued coverage of Commission employees, if the employees
are federal employees when they begin Commission employment, in the re-
tirement program and other employee benefit programs of the Government.
(d) EXPENSES.—Administrative expenses of the Commission shall be paid
equally by the Government and the States in the Appalachian region, except
that the expenses of the Federal Cochairman, the alternate to the Federal
Cochairman, and the staff of the Federal Cochairman shall be paid only by
the Government. The Commission shall determine the amount to be paid
by each State. The Federal Cochairman shall not participate or vote in that
determination. Assistance authorized by this subtitle shall not be furnished
to any State or to any political subdivision or any resident of any State,
and a state member of the Commission shall not participate or vote in any
decision by the Commission, while the State is delinquent in payment of its
share of administrative expenses.
§ 14307. Meetings
(a) IN GENERAL.—The Appalachian Regional Commission shall conduct
at least one meeting each year with the Federal Cochairman and at least
a majority of the state members present.
(b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission
may conduct additional meetings by electronic means as the Commission
considers advisable, including meetings to decide matters requiring an af-
firmative vote.
§ 14308. Information
(a) ACTIONS OF COMMISSION.—To obtain information needed to carry
out its duties, the Appalachian Regional Commission shall—
(1) hold hearings, sit and act at times and places, take testimony,
receive evidence, and print or otherwise reproduce and distribute so
much of its proceedings and reports on the proceedings as the Commis-
sion may deem advisable;
(2) arrange for the head of any federal, state, or local department
or agency to furnish to the Commission information as may be avail-
able to or procurable by the department or agency; and