215
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 Technology
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 Commerce
shall prescribe standards and guidelines pertaining to federal com-
puter systems. The Secretary shall make those standards compulsory
and binding to the extent the Secretary determines necessary to im-
prove 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 Presi-
dent determines that action to be in the public interest. The Presi-
dent’s authority to disapprove or modify those standards and guide-
lines may not be delegated. Notice of disapproval or modification
shall be published promptly in the Federal Register. On receiving
notice of disapproval or modification, the Secretary shall imme-
diately rescind or modify those standards or guidelines as directed
by the President.
(2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist-
ency, the Secretary shall exercise the authority conferred by this section
subject to direction by the President and in coordination with the Direc-
tor of the Office of Management and Budget.
(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a federal
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 Secretary
prescribes under this section if the more stringent standards contain at least
the applicable standards the Secretary makes compulsory and binding .
(d) WAIVER OF STANDARDS.—
216
(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 oper-
ator 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 delegate
to the head of one or more federal agencies authority to waive those
standards to the extent the Secretary determines that action to be nec-
essary and desirable to allow for timely and effective implementation of
federal computer system standards. The head of the agency may redele-
gate that authority only to a chief information officer designated pursu-
ant 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 Reg-
ister.
§ 11332. Federal computer system security training and plan
(a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘federal
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—
(1) IN GENERAL.—Each federal agency shall provide for mandatory
periodic training in computer security awareness and accepted computer
security practice of all employees who are involved with the management,
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 em-
ployees; or
(B) provided by an alternative training program that the head
of the agency approves after determining that the alternative train-
ing program is at least as effective in accomplishing the objectives
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 vulner-
ability of, computer systems; and
217
(B) to encourage the use of improved computer security practices.
(3) REGULATIONS.—The Director of the Office of Personnel Manage-
ment shall maintain regulations that establish the procedures and scope
of the training to be provided federal civilian employees under this sub-
section 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 super-
vision and as containing sensitive information. The plan must be com-
mensurate with the risk and magnitude of the harm resulting from the
loss, misuse, or unauthorized access to, or modification of, the informa-
tion 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
(2) authorize a federal agency to limit, restrict, regulate, or control the
collection, maintenance, disclosure, use, transfer, or sale of any informa-
tion (regardless of the medium in which the information may be main-
tained) that is—
(A) privately owned information;
(B) disclosable under section 552 of title 5 or another law requir-
ing 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.—
218
(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 agen-
cies.
(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 pro-
curing activities in each of the executive agencies that are designated by
the Administrator for Federal Procurement Policy in accordance with
this chapter to carry out the pilot program. With the approval of the
Administrator for Federal Procurement Policy, the head of each des-
ignated executive agency shall select the procuring activities of the execu-
tive agency that are to participate in the test and shall designate a pro-
curement testing official who shall be responsible for the conduct and
evaluation of the pilot program within the executive agency.
(b) LIMITATIONS.—
(1) NUMBER.—Not more than two pilot programs may be conducted
under this chapter, including one pilot program each pursuant to the re-
quirements of sections 11521 and 11522 of this title.
(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 suffi-
cient 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 effects
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
219
submit to Congress a detailed test plan for the program, including a detailed
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 Procurement
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 im-
prove overall information resources management in the Federal Govern-
ment.
§ 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
that legislation is necessary or desirable to improve the process for acquisition
of information technology, the Director shall transmit the Director’s rec-
ommendations 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 solution
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 improvements
in mission-related processes and administrative processes that result
from implementation of the solution.
220
(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 Fed-
eral 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 al-
lowed 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 subsection (d),
to carry out a pilot program to test the feasibility of using solutions-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.—Preparation
of an acquisition plan that defines the functional requirements of the in-
tended users of the information technology to be acquired, identifies the
operational improvements to be achieved, and defines the performance
measurements to be applied in determining whether the information
technology acquired satisfies the defined requirements and attains 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 performance
capabilities desired under the acquisition plan.
(3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acquisi-
tion 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 contribu-
tions toward attainment of the desired results identified in the ac-
quisition 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 in-
dividuals with relevant expertise.
(4) USE
OF
SOURCE
SELECTION
FACTORS
EMPHASIZING
SOURCE
QUALIFICATIONS
AND
COSTS.—Use of source selection factors that
emphasize—
221
(A) the qualifications of the offeror, including personnel skills,
previous experience in providing other private or public sector orga-
nizations with solutions for attaining objectives similar to the objec-
tives of the acquisition, past contract performance, qualifications of
the proposed program manager, and the proposed management
plan; and
(B) the costs likely to be associated with the conceptual approach
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 information
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 condi-
tions, instructions regarding submission of offers, and the estimate 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 information
on—
(A) the offeror’s qualifications to perform the desired work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with the proposed conceptual
approach.
(8) SIMPLE EVALUATION.—Use of a simplified evaluation process, to
be completed within 45 days after receipt of proposals, that consists of
the following:
(A) Identification of the most qualified offerors that are within
the competitive range.
(B) Issuance of invitations for at least three and not more than
five of the identified offerors to make oral presentations to, and en-
gage in discussions with, the evaluating personnel regarding, for
each offeror—
(i) the qualifications of the offeror, including how the quali-
fications of the offeror relate to the approach proposed to be
taken by the offeror in the acquisition; and
(ii) the costs likely to be associated with the approach.
222
(C) Evaluation of the qualifications of the identified offerors and
the costs likely to be associated with the offerors’ proposals on the
basis of submissions required under the process and any oral pres-
entations made by, and any discussions with, the offerors.
(9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection process
consisting of the following:
(A) Identification of the most qualified sources, primarily on the
basis of the oral proposals, presentations, and discussions, and writ-
ten proposals, submitted in accordance with paragraph (7).
(B) A program definition phase of 30–60 days (or a longer pe-
riod the Administrator approves)—
(i) during which the sources identified under subparagraph
(A), in consultation with one or more intended users, develop
a conceptual system design and technical approach, define log-
ical phases for the project, and estimate the total cost and the
cost for each phase; and
(ii) after which a contract for performance of the work may
be awarded to the source whose offer is determined to be most
advantageous to the Government on the basis of cost, the re-
sponsiveness, reasonableness, and quality of the proposed per-
formance, and a sharing of risk and benefits between the source
and the Government.
(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 appropriate
contract arrangements being used for various phases and activities.
(11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Govern-
ment 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.
223
(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 technology
and other commercial items, the Administrator of General Services shall pro-
vide Federal Government-wide on-line computer access to information on
products and services that are available for ordering through the multiple
award schedules.
(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 sub-
section (b)(2) in the fiscal year preceding the fiscal year in which the
224
certification is made, the Administrator for Federal Procurement Policy
may establish a pilot program to test streamlined procedures for the pro-
curement of information technology products and services available for
ordering through the multiple award schedules.
(2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—Ex-
cept as provided in paragraph (4), the pilot program shall be applicable
to all multiple award schedule contracts for the purchase of information
technology and shall test the following procedures:
(A) A procedure under which negotiation of the terms and condi-
tions 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 in-
clude past performance on multiple award schedule contracts;
(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 per-
formance and to accept orders electronically through the auto-
mated 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 program is
established, the Comptroller General shall review the pilot program
and report to Congress on the results of the pilot program.
(B) CONTENT
OF
REPORT.—The report shall include the fol-
lowing:
(i) An evaluation of the extent to which there is competition
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 re-
quirements for multiple award schedule contracts and orders.
(iv) The impact of the pilot program on small businesses
and socially and economically disadvantaged small businesses.
226
§ 11704. Procurement procedures
To the maximum extent practicable, the Federal Acquisition Regulatory
Council shall ensure that the process for acquisition of information technology
is a simplified, clear, and understandable process that specifically addresses
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.
§ 14101. Findings and purposes
(a) 1965 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds and declares that the Appalachian re-
gion 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 reliance 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 under-
stand their problems and have been working, and will continue to work,
purposefully toward their solution. Congress recognizes the comprehensive
report of the President’s Appalachian Regional Commission documenting
these findings and concludes that regionwide development is feasible, de-
sirable, 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 signifi-
cant potential for future growth and where the expected return on public
dollars invested will be the greatest. States will be responsible for recom-
mending 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
227
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 purposes
in the decade since 1965 affect not only the Appalachian region but also
its relationship to a nation that on December 31, 1975, is assigning
higher priority to conservation and the quality of life, values long cher-
ished within the region. Appalachia as of December 31, 1975, has the
opportunity, in accommodating future growth and development, to dem-
onstrate local leadership and coordinated planning so that housing, pub-
lic services, transportation and other community facilities will be pro-
vided in a way congenial to the traditions and beauty of the region 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 preserva-
tion of natural resources. Congress recognizes also that fundamental
changes are occurring in national energy requirements 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 opportu-
nities for expanded energy production be used so as to maximize the so-
cial 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 bet-
ter meet the special problems generated in the region by the Nation’s
energy needs and policies, including problems of transportation,
housing, community facilities, and human services.
228
(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 chal-
lenges 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;
(iv) generating a diversified regional economy; and
(v) making the region’s industrial and commercial resources
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 counties
(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, Jefferson,
Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Mar-
229
ion, 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, Madison,
Magoffin, Martin, Menifee, Monroe, Montgomery, Morgan, 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, Mar-
shall, 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, Delaware, 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, Jefferson,
Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean,