174
(1) is guilty of disorderly and unlawful conduct in or about those
public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall, or other
enclosure;
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge;
or
(5) removes any stone, gravel, sand, or other property of the Govern-
ment, or any other part of the public grounds or lots belonging to the
Government in the District of Columbia.
§ 8104. Regulation of private and semipublic buildings adja-
cent to public buildings and grounds
(a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con-
stitution respecting the establishment of the seat of the National Govern-
ment, the duties it imposed on Congress in connection with establishing the
seat of the National Government, and the solicitude shown and the efforts
exerted by President Washington in the planning and development of the
Capital City, the development should proceed along the lines of good order,
good taste, and with due regard to the public interests involved, and a rea-
sonable degree of control should be exercised over the architecture of private
or semipublic buildings adjacent to public buildings and grounds of major
importance.
(b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The
Mayor of the District of Columbia shall submit to the Commission on Fine
Arts an application for a permit to erect or alter any building, a part of
which fronts or abuts on the grounds of the Capitol, the grounds of the
White House, the part of Pennsylvania Avenue extending from the Capitol
to the White House, Lafayette Park, Rock Creek Park, the Zoological Park,
the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park
System and public buildings adjacent to the System, or abuts on any street
bordering any of those grounds or parks, so far as the plans relate to height
and appearance, color, and texture of the materials of exterior construction.
(c) REPORT TO MAYOR.—The Commission shall report promptly its rec-
ommendations to the Mayor, including any changes the Commission decides
are necessary to prevent reasonably avoidable impairment of the public val-
ues belonging to the public building or park. If the Commission fails to re-
port its approval or disapproval of a plan within 30 days, the report is
deemed approved and a permit may be issued.
(d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de-
cides is necessary to effect reasonable compliance with the recommendation
under subsection (c).
175
§ 8105. Approval by Administrator of General Services
Subject to applicable provisions of existing law relating to the functions
in the District of Columbia of the National Capital Planning Commission
and the Commission of Fine Arts, only the Administrator of General Serv-
ices is required to approve sketches, plans, and estimates for buildings to
be constructed by the Administrator, except that the Administrator and the
United States Postal Service must approve buildings designed for post-office
purposes.
§ 8106. Buildings on reservations, parks, or public grounds
A building or structure shall not be erected on any reservation, park, or
public grounds of the Federal Government in the District of Columbia with-
out express authority of Congress.
§ 8107. Advertisements and sales in or around Washington
Monument
Except on the written authority of the Director of the National Park
Service, advertisements of any kind shall not be displayed, and articles of
any kind shall not be sold, in or around the Washington Monument.
§ 8108. Use of public buildings for public ceremonies
Except as expressly authorized by law, public buildings in the District of
Columbia (other than the Capitol Building and the White House), and the
approaches to those public buildings, shall not be used or occupied in con-
nection with ceremonies for the inauguration of the President or other pub-
lic functions.
SUBCHAPTER II—JURISDICTION
§ 8121. Improper appropriation of streets
(a) AUTHORITY.—The Secretary of the Interior shall—
(1) prevent the improper appropriation or occupation of any public
street, avenue, square, or reservation in the District of Columbia that
belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if unlawfully
appropriated;
(3) prevent the erection of any permanent building on property re-
served to or for the use of the Government, unless plainly authorized
by law; and
(4) report to Congress at the beginning of each session on the Sec-
retary’s proceedings in the premises, together with a full statement of
all property described in this subsection, and how, and by what author-
ity, the property is occupied or claimed.
(b) APPLICATION.—This section does not interfere with the temporary
and proper occupation of any part of the property described in subsection
(a), by lawful authority, for the legitimate purposes of the Government.
176
§ 8122. Jurisdiction over portion of Constitution Avenue
The Director of the National Park Service has jurisdiction over that part
of Constitution Avenue west of Virginia Avenue that was under the control
of the Commissioners of the District of Columbia prior to May 27, 1908.
§ 8123. Record of transfer of jurisdiction between Director
of National Park Service and Mayor of District of
Columbia
When in accordance with law or mutual legal agreement, spaces or por-
tions of public land are transferred between the jurisdiction of the Director
of the National Park Service, as established by the Act of July 1, 1898 (ch.
543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters
of transfer and acceptance exchanged between them are sufficient authority
for the necessary change in the official maps and for record when necessary.
§ 8124. Transfer of jurisdiction between Federal and District
of Columbia authorities
(a) TRANSFER OF JURISDICTION.—Federal and District of Columbia au-
thorities administering properties in the District that are owned by the Fed-
eral Government or by the District may transfer jurisdiction over any part
of the property among or between themselves for purposes of administration
and maintenance under conditions the parties agree on. The National Cap-
ital Planning Commission shall recommend the transfer before it is com-
pleted.
(b) REPORT TO CONGRESS.—The District authorities shall report all
transfers and agreements to Congress.
(c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any
law in effect on May 20, 1932, which authorized the transfer of jurisdiction
of certain land among and between federal and District authorities.
§ 8125. Public spaces resulting from filling of canals
The Director of the National Park Service has jurisdiction over all public
spaces resulting from the filling of canals in the original city of Washington
that were not under the jurisdiction of the Chief of Engineers of the United
States Army as of August 1, 1914, except spaces included in the navy yard
or in actual use as roadways and sidewalks and spaces assigned by law to
the District of Columbia for use as a property yard and the location of a
sewage pumping station. The spaces shall be laid out as reservations as a
part of the park system of the District of Columbia.
§ 8126. Temporary occupancy of Potomac Park by Secretary
of Agriculture
(a) NOT MORE THAN 75 ACRES.—The Director of the National Park
Service may allow the Secretary of Agriculture to temporarily occupy as a
testing ground not more than 75 acres of Potomac Park not needed in any
177
one season for reclamation or park improvement. The Secretary shall vacate
the area at the close of any season on the request of the Director.
(b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does
not change the essential character of the land used, which shall continue
to be a public park under the charge of the Director.
§ 8127. Part of Washington Aqueduct for playground pur-
poses
(a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia
has possession, control, and jurisdiction of the land of the Washington Aq-
ueduct adjacent to the Champlain Avenue pumping station and lying outside
of the fence around the pumping station as it—
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground pur-
poses.
(b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This
section does not affect the superintendence and control of the Secretary of
the Army over the Washington Aqueduct and the rights, appurtenances, and
fixtures connected with the Aqueduct.
SUBCHAPTER III—SERVICES FOR FACILITIES
§ 8141. Contract to rent buildings in the District of Colum-
bia not to be made until appropriation enacted
A contract shall not be made for the rent of a building, or part of a build-
ing, to be used for the purposes of the Federal Government in the District
of Columbia until Congress enacts an appropriation for the rent. This sec-
tion is deemed to be notice to all contractors or lessors of the building or
a part of the building.
§ 8142. Rent of other buildings
An executive department of the Federal Government renting a building
for public use in the District of Columbia may rent a different building in-
stead if it is in the public interest to do so. This section does not authorize
an increase in the number of buildings in use or in the amount paid for
rent.
§ 8143. Heat
(a) CORCORAN GALLERY OF ART.—The Administrator of General Serv-
ices may furnish heat from the central heating plant to the Corcoran Gal-
lery of Art, if the Corcoran Gallery of Art agrees to—
(1) pay for heat furnished at rates the Administrator determines;
and
(2) connect the building with the Federal Government mains in a
manner satisfactory to the Administrator.
178
(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The
Administrator may furnish steam from the central heating plant for the use
of the Board of Governors of the Federal Reserve System on the property
which the Board acquired in squares east of 87 and east of 88 in the Dis-
trict of Columbia if the Board agrees to—
(1) pay for the steam furnished at reasonable rates the Adminis-
trator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at
its own expense and in a manner satisfactory to the Administrator.
(c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall deter-
mine the rates to be paid for steam furnished to the Corcoran Gallery of
Art, the Pan American Union Buildings, the American Red Cross Buildings,
and other non-federal public buildings authorized to receive steam from the
central heating plant.
§ 8144. Delivery of fuel for use during ensuing fiscal year
During April, May, and June of each year, the Administrator of General
Services may deliver to all branches of the Federal Government and the gov-
ernment of the District of Columbia as much fuel for their use during the
following fiscal year as may be practicable to store at the points of con-
sumption. The branches of the Federal Government and the government of
the District of Columbia shall pay for the fuel from their applicable appro-
priations for that fiscal year.
SUBCHAPTER IV—MISCELLANEOUS
§ 8161. Reservation of parking spaces for Members of Con-
gress
The Council of the District of Columbia shall designate, reserve, and
properly mark appropriate and sufficient parking spaces on the streets adja-
cent to all public buildings in the District for the use of Members of Con-
gress engaged in public business.
§ 8162. Ailanthus trees prohibited
Ailanthus trees shall not be purchased for, or planted in, the public
grounds.
§ 8163. Use of greenhouses and nursery for trees, shrubs,
and plants
The greenhouses and nursery shall be used only for the propagation of
trees, shrubs, and plants suitable for planting in the public reservations.
Only those trees, shrubs, and plants shall be planted in the public reserva-
tions.
§ 8164. E. Barrett Prettyman United States Courthouse
(a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte-
nance, and repair of the E. Barrett Prettyman United States Courthouse,
179
used by the United States Court of Appeals for the District of Columbia
and the United States District Court for the District of Columbia, is under
the control of the Administrator of General Services.
(b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse
is vested in the chief judge of the United States Court of Appeals for the
District of Columbia and the chief judge of the United States District Court
for the District of Columbia.
§ 8165. Services for Office of Personnel Management
For carrying out the work of the Director of the Office of Personnel Man-
agement and the examinations provided for in sections 3304 and 3305 of
title 5, the Administrator of General Services shall—
(1) assign or provide suitable and convenient rooms and accommoda-
tions, which are furnished, heated, and lighted, in Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.
CHAPTER 83—WASHINGTON METROPOLITAN REGION
DEVELOPMENT
Sec.
8301.
Definition.
8302.
Necessity for coordination in the development of the Washington metropolitan region.
8303.
Declaration of policy of coordinated development and management.
8304.
Priority projects.
§ 8301. Definition
In this chapter, the term ‘‘Washington metropolitan region’’ includes the
District of Columbia, the counties of Montgomery and Prince Georges in
Maryland, and the counties of Arlington and Fairfax and the cities of Alex-
andria and Falls Church in Virginia.
§ 8302. Necessity for coordination in the development of the
Washington metropolitan region
Because the District of Columbia is the seat of the Federal Government
and has become the urban center of a rapidly expanding Washington metro-
politan region, the necessity for the continued and effective performance of
the functions of the Government in the District of Columbia, the general
welfare of the District of Columbia, the health and living standards of the
people residing or working in the District of Columbia, and the conduct of
industry, trade, and commerce in the District of Columbia require that to
the fullest extent possible the development of the District of Columbia and
the management of its public affairs, and the activities of the departments,
agencies, and instrumentalities of the Government which may be carried out
in, or in relation to, the other areas of the Washington metropolitan region,
shall be coordinated with the development of those other areas and with the
management of their public affairs so that, with the cooperation and assist-
ance of those other areas, all of the areas in the Washington metropolitan
180
area shall be developed and their public affairs shall be managed so as to
contribute effectively toward the solution of the community development
problems of the Washington metropolitan region on a unified metropolitan
basis.
§ 8303. Declaration of policy of coordinated development
and management
The policy to be followed for the attainment of the objective established
by section 8302 of this title, and for the more effective exercise by Congress,
the executive branch of the Federal Government, the Mayor of the District
of Columbia, and all other officers, agencies, and instrumentalities of the
District of Columbia of their respective functions, powers, and duties in re-
spect of the Washington metropolitan region, shall be that the functions,
powers, and duties shall be exercised and carried out in a manner that (with
proper recognition of the sovereignty of Maryland and Virginia in respect
of those areas of the Washington metropolitan region that are located within
their respective jurisdictions) will best facilitate the attainment of the co-
ordinated development of the areas of the Washington metropolitan area
and the coordinated management of their public affairs so as to contribute
effectively to the solution of the community development problems of the
Washington metropolitan region on a unified metropolitan basis.
§ 8304. Priority projects
In carrying out the policy pursuant to section 8303 of this title for the
attainment of the objective established by section 8302 of this title, priority
should be given to the solution, on a unified metropolitan basis, of the prob-
lems of water supply, sewage disposal, and water pollution and transpor-
tation.
CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND
DIRECTOR
Sec.
8501.
National Capital Service Area.
8502.
National Capital Service Director.
§ 8501. National Capital Service Area
(a) ESTABLISHMENT.—
(1) BOUNDARIES.—The National Capital Service Area is in the Dis-
trict of Columbia and includes the principal federal monuments, the
White House, the Capitol Building, the United States Supreme Court
Building, and the federal executive, legislative, and judicial office build-
ings located adjacent to the Mall and the Capitol Building, and is more
particularly described as the area bounded as follows:
Beginning at that point on the present Virginia-District of Co-
lumbia boundary due west of the northernmost point of Theodore
181
Roosevelt Island and running due east to the eastern shore of the
Potomac River;
thence generally south along the shore at the mean high water
mark to the northwest corner of the Kennedy Center;
thence east along the northern side of the Kennedy Center to
a point where it reaches the E Street Expressway;
thence east on the expressway to E Street Northwest and
thence east on E Street Northwest to Eighteenth Street North-
west;
thence south on Eighteenth Street Northwest to Constitution
Avenue Northwest;
thence east on Constitution Avenue to Seventeenth Street
Northwest;
thence north on Seventeenth Street Northwest to Pennsylvania
Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place North-
west;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place Northwest;
thence south on Madison Place Northwest to Pennsylvania Ave-
nue Northwest;
thence east on Pennsylvania Avenue Northwest to Fifteenth
Street Northwest;
thence south on Fifteenth Street Northwest to Pennsylvania Av-
enue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John
Marshall Place Northwest;
thence north on John Marshall Place Northwest to C Street
Northwest;
thence east on C Street Northwest to Third Street Northwest;
thence north on Third Street Northwest to D Street Northwest;
thence east on D Street Northwest to Second Street Northwest;
thence south on Second Street Northwest to the intersection of
Constitution Avenue Northwest and Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to North Cap-
itol Street;
thence north on North Capitol Street to Massachusetts Avenue
Northwest;
thence southeast on Massachusetts Avenue Northwest so as to
encompass Union Square;
thence following Union Square to F Street Northeast;
182
thence east on F Street Northeast to Second Street Northeast;
thence south on Second Street Northeast to D Street Northeast;
thence west on D Street Northeast to First Street Northeast;
thence south on First Street Northeast to Maryland Avenue
Northeast;
thence generally north and east on Maryland Avenue to Second
Street Northeast;
thence south on Second Street Northeast to C Street Southeast;
thence west on C Street Southeast to New Jersey Avenue
Southeast;
thence south on New Jersey Avenue Southeast to D Street
Southeast;
thence west on D Street Southeast to Canal Street Parkway;
thence southeast on Canal Street Parkway to E Street South-
east;
thence west on E Street Southeast to the intersection of Wash-
ington Avenue Southwest and South Capitol Street;
thence northwest on Washington Avenue Southwest to Second
Street Southwest;
thence south on Second Street Southwest to Virginia Avenue
Southwest;
thence generally west on Virginia Avenue to Third Street South-
west;
thence north on Third Street Southwest to C Street Southwest;
thence west on C Street Southwest to Sixth Street Southwest;
thence north on Sixth Street Southwest to Independence Ave-
nue;
thence west on Independence Avenue to Twelfth Street South-
west;
thence south on Twelfth Street Southwest to D Street South-
west;
thence west on D Street Southwest to Fourteenth Street South-
west;
thence south on Fourteenth Street Southwest to the middle of
the Washington Channel;
thence generally south and east along the mid-channel of the
Washington Channel to a point due west of the northern boundary
line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the side of the
Washington Channel at the mean high water mark, to the point
183
of confluence with the Anacostia River, and along the northern
shore at the mean high water mark to the northern most point
of the Eleventh Street Bridge;
thence generally south and east along the northern side of the
Eleventh Street Bridge to the eastern shore of the Anacostia
River;
thence generally south and west along such shore at the mean
high water mark to the point of confluence of the Anacostia and
Potomac Rivers;
thence generally south along the eastern shore at the mean high
water mark of the Potomac River to the point where it meets the
present southeastern boundary line of the District of Columbia;
thence south and west along such southeastern boundary line to
the point where it meets the present Virginia-District of Columbia
boundary;
thence generally north and west up the Potomac River along the
Virginia-District of Columbia boundary to the point of beginning.
(2) STREETS AND SIDEWALKS INCLUDED.—Where the area in para-
graph (1) is bounded by a street, the street, and any sidewalk of the
street, are included in the area.
(3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA
DEEMED TO BE IN THE AREA.—Federal real property that on Decem-
ber 24, 1973, affronted or abutted the area described in paragraph (1)
is deemed to be in the area. For the purposes of this paragraph, federal
real property affronting or abutting the area described in paragraph
(1)—
(A) is deemed to include Fort Lesley McNair, the Washington
Navy Yard, the Anacostia Naval Annex, the United States Naval
Station, Bolling Air Force Base, and the Naval Research Labora-
tory; and
(B) does not include any area situated outside of the District
of Columbia boundary as it existed immediately prior to December
24, 1973, any part of the Anacostia Park situated east of the
northern side of the Eleventh Street Bridge, or any part of the
Rock Creek Park.
(b) APPLICABILITY OF OTHER PROVISIONS.—
(1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT
AFFECTED.— Except to the extent specifically provided by this section,
this section does not—
(A) apply to the United States Capitol Buildings and Grounds
as defined and described in sections 5101 and 5102, any other
184
buildings and grounds under the care of the Architect of the Cap-
itol, the Supreme Court Building and grounds as described in sec-
tion 6101 of this title, and the Library of Congress buildings and
grounds as defined in section 11 of the Act of August 4, 1950 (2
U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede—
(i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of
the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any
other general law of the United States, any law enacted by
Congress and applicable exclusively to the District of Colum-
bia, or any rule or regulation prescribed pursuant to any of
those provisions, that was in effect on January 1, 1975, and
that pertained to those buildings and grounds; or
(ii) any authority which existed on December 24, 1973,
with respect to those buildings and grounds and was vested
on January 1, 1975, in the Senate, the House of Representa-
tives, Congress, any committee, commission, or board of the
Senate, the House of Representatives, or Congress, the Archi-
tect of the Capitol or any other officer of the legislative
branch, the Chief Justice of the United States, the Marshal
of the Supreme Court, or the Librarian of Congress.
(2) CONTINUED
APPLICATION
OF
LAWS, 
REGULATIONS, 
AND
RULES.—Except to the extent otherwise specifically provided in this
section, all general laws of the United States and all laws enacted by
the Congress and applicable exclusively to the District of Columbia, in-
cluding regulations and rules prescribed pursuant to any of those laws,
that were in effect on January 1, 1975, and which applied to and in
the areas included in the National Capital Service Area pursuant to
this section continue to be applicable to and in the National Capital
Service Area in the same manner and to the same extent as if this sec-
tion had not been enacted and remain applicable until repealed, amend-
ed, altered, modified, or superseded.
(c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,
any service or facility authorized by the District of Columbia Home Rule
Act (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (includ-
ing maintenance of streets and highways, and services under section 1537
of title 31) shall be made available to the Senate, the House of Representa-
tives, Congress, any committee, commission, or board of the Senate, the
House of Representatives, or Congress, the Architect of the Capitol, any
other officer of the legislative branch who on January 1, 1975, was vested
with authority over those buildings and grounds, the Chief Justice of the
185
United States, the Marshal of the Supreme Court, and the Librarian of
Congress on their request. If payment would be required for the rendition
or furnishing of a similar service or facility to any other federal agency, the
recipient, on presentation of proper vouchers and as agreed on by the par-
ties, shall pay for the service or facility in advance or by reimbursement.
(d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI-
DENCY.—An individual may not be denied the right to vote or otherwise
participate in any manner in any election in the District of Columbia solely
because the individual resides in the National Capital Service Area.
§ 8502. National Capital Service Director
(a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive
Office of the President the National Capital Service Director who shall be
appointed by the President. The Director shall receive compensation at the
maximum rate established for level IV of the Executive Schedule under sec-
tion 5314 of title 5.
(b) PERSONNEL.—The Director may appoint and fix the rate of com-
pensation of necessary personnel, subject to chapters 33 and 51 and sub-
chapter III of chapter 53 of title 5.
(c) DUTIES.—
(1) PRESIDENT.—The President, through the Director and using
District of Columbia governmental services to the extent practicable,
shall ensure that there is provided in the area described in section
8501(a) of this title adequate fire protection and sanitation services.
(2) DIRECTOR.—Except with respect to that part of the National
Capital Service Area comprising the United States Capitol Buildings
and Grounds as defined and described in sections 5101 and 5102, the
Supreme Court Building and grounds as described in section 6101 of
this title, and the Library of Congress buildings and grounds as defined
in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Direc-
tor shall ensure that there is provided in the remainder of the area de-
scribed in section 8501(a) of this title adequate police protection and
maintenance of streets and highways.
CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL
CAPITAL REGION
SUBCHAPTER I—GENERAL
Sec.
8701.
Findings and purposes.
8702.
Definitions.
SUBCHAPTER II—PLANNING AGENCIES
8711.
National Capital Planning Commission.
8712.
Mayor of the District of Columbia.
SUBCHAPTER III—PLANNING PROCESS
8721.
Comprehensive plan for the National Capital.
8722.
Proposed federal and district developments and projects.
186
8723.
Capital improvements.
8724.
Zoning regulations and maps.
8725.
Recommendations on platting and subdividing land.
8726.
Authorization of appropriations.
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
8731.
Acquiring land for park, parkway, or playground purposes.
8732.
Acquiring land subject to limited rights reserved to grantor and limited permanent
rights in land adjoining park property.
8733.
Lease of land acquired for park, parkway, or playground purposes.
8734.
Sale of land by Mayor.
8735.
Sale of land by Secretary of the Interior.
8736.
Execution of deeds.
8737.
Authorization of appropriations.
SUBCHAPTER I—GENERAL
§ 8701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the location of the seat of government in the District of Colum-
bia has brought about the development of a metropolitan region extend-
ing well into adjoining territory in Maryland and Virginia;
(2) effective comprehensive planning is necessary on a regional basis
and of continuing importance to the federal establishment;
(3) the distribution of federal installations throughout the region has
been and will continue to be a major influence in determining the ex-
tent and character of development;
(4) there is needed a central planning agency for the National Cap-
ital region to coordinate certain developmental activities of the many
different agencies of the Federal and District of Columbia Govern-
ments so that those activities may conform with general objectives;
(5) there is an increasing mutuality of interest and responsibility be-
tween the various levels of government that calls for coordinate and
unified policies in planning both federal and local development in the
interest of order and economy;
(6) there are developmental problems of an interstate character, the
planning of which requires collaboration between federal, state, and
local governments in the interest of equity and constructive action; and
(7) the instrumentalities and procedures provided in this chapter will
aid in providing Congress with information and advice requisite to leg-
islation.
(b) PURPOSES.—
(1) IN GENERAL.—The purposes of this chapter (except sections
8733–8736) are—
(A) to secure comprehensive planning for the physical develop-
ment of the National Capital and its environs;
(B) to provide for the participation of the appropriate planning
agencies of the environs in the planning; and
187
(C) to establish the agency and procedures requisite to the ad-
ministration of the functions of the Federal and District Govern-
ments related to the planning.
(2) OBJECTIVE.—The general objective of this chapter (except sec-
tions 8733–8736) is to enable appropriate agencies to plan for the de-
velopment of the federal establishment at the seat of government in a
manner—
(A) consistent with the nature and function of the National
Capital and with due regard for the rights and prerogatives of the
adjoining States and local governments to exercise control appro-
priate to their functions; and
(B) which will, in accordance with present and future needs,
best promote public health, safety, morals, order, convenience,
prosperity, and the general welfare, as well as efficiency and econ-
omy in the process of development.
§ 8702. Definitions
In this chapter—
(1) ENVIRONS.—The term ‘‘environs’’ means the territory sur-
rounding the District of Columbia included in the National Capital re-
gion.
(2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means the
District of Columbia and territory the Federal Government owns in the
environs.
(3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital re-
gion’’ means—
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William Counties
in Virginia; and
(D) all cities in Maryland or Virginia in the geographic area
bounded by the outer boundaries of the combined area of the
counties listed in subparagraphs (B) and (C).
(4) PLANNING AGENCY.—The term ‘‘planning agency’’ means any
city, county, bi-county, part-county, or regional planning agency au-
thorized under state and local laws to make and adopt comprehensive
plans.
SUBCHAPTER II—PLANNING AGENCIES
§ 8711. National Capital Planning Commission
(a) ESTABLISHMENT
AND PURPOSE.—The National Capital Planning
Commission is the central federal planning agency for the Federal Govern-
ment in the National Capital, created to preserve the important historical
188
and natural features of the National Capital, except for the United States
Capitol Buildings and Grounds (as defined and described in sections 5101
and 5102), any extension of, or additions to, those Buildings and Grounds,
and buildings and grounds under the care of the Architect of the Capitol.
(b) COMPOSITION.—
(1) MEMBERSHIP.—The National Capital Planning Commission is
composed of—
(A) ex officio, the Secretary of the Interior, the Secretary of De-
fense, the Administrator of General Services, the Mayor of the
District of Columbia, the Chairman of the Council of the District
of Columbia, the chairman of the Committee on Governmental Af-
fairs of the Senate, and the chairman of the Committee on Gov-
ernment Reform of the House of Representatives, or an alternate
any of those individuals designates; and
(B) five citizens with experience in city or regional planning,
three of whom shall be appointed by the President and two of
whom shall be appointed by the Mayor.
(2) RESIDENCY REQUIREMENT.—The citizen members appointed by
the Mayor shall be residents of the District of Columbia. Of the three
appointed by the President, at least one shall be a resident of Virginia
and at least one shall be a resident of Maryland.
(3) TERMS.—An individual appointed by the President serves for six
years. An individual appointed by the Mayor serves for four years. An
individual appointed to fill a vacancy shall be appointed only for the
unexpired term of the individual being replaced.
(4) PAY AND EXPENSES.—Citizen members are entitled to $100 a
day when performing duties vested in the Commission and to reim-
bursement for necessary expenses incurred in performing those duties.
(c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair-
man of the National Capital Planning Commission. The Commission may
elect from among its members other officers as it considers desirable.
(d) PERSONNEL.—The National Capital Planning Commission may em-
ploy a Director, an executive officer, and other technical and administrative
personnel as it considers necessary. Without regard to section 3709 of the
Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and
subchapter III of chapter 53, of title 5, the Commission may employ, by
contract or otherwise, the temporary or intermittent (not more than one
year) services of city planners, architects, engineers, appraisers, and other
experts or organizations of experts, as may be necessary to carry out its
functions. The Commission shall fix the rate of compensation so as not to
exceed the rate usual for similar services.
189
(e) PRINCIPAL DUTIES.—The principal duties of the National Capital
Planning Commission include—
(1) preparing, adopting, and amending a comprehensive plan for the
federal activities in the National Capital and making related rec-
ommendations to the appropriate developmental agencies; and
(2) serving as the central planning agency for the Government within
the National Capital region and reviewing the development programs
of the developmental agencies to advise as to consistency with the com-
prehensive plan.
(f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na-
tional Capital Planning Commission shall carry out all other functions, pow-
ers, and duties of the National Capital Park and Planning Commission, in-
cluding those formerly vested in the Highway Commission established by the
Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested
in the National Capital Park Commission by the Act of June 6, 1924 (ch.
270, 43 Stat. 463).
(g) ESTIMATE.—The National Capital Planning Commission shall submit
to the Office of Management and Budget before December 16 of each year
its estimate of the total amount to be appropriated for expenditure under
this chapter (except sections 8732–8736) during the next fiscal year.
(h) FEES.—The National Capital Planning Commission may charge fees
to cover the full cost of Geographic Information System products and serv-
ices the Commission supplies. The fees shall be credited to the applicable
appropriation account as an offsetting collection and remain available until
expended.
§ 8712. Mayor of the District of Columbia
(a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Colum-
bia is the central planning agency for the government of the District of Co-
lumbia in the National Capital and is responsible for coordinating the plan-
ning activities of the District government and for preparing and imple-
menting the District elements of the comprehensive plan for the National
Capital, which may include land use elements, urban renewal and redevelop-
ment elements, a multiyear program of public works for the District, and
physical, social, economic, transportation, and population elements. The
Mayor’s planning responsibility shall not extend to—
(1) federal or international projects and developments in the District,
as determined by the National Capital Planning Commission; or
(2) the United States Capitol Buildings and Grounds as defined and
described in sections 5101 and 5102, any extension of, or additions to,
those Buildings and Grounds, and buildings and grounds under the
care of the Architect of the Capitol.
190
(b) PARTICIPATION AND CONSULTATION.—In carrying out the respon-
sibilities under this section and section 8721 of this title, the Mayor shall
establish procedures for citizen participation in the planning process and for
appropriate meaningful consultation with any state or local government or
planning agency in the National Capital region affected by any aspect of
a comprehensive plan, including amendments, affecting or relating to the
District.
SUBCHAPTER III—PLANNING PROCESS
§ 8721. Comprehensive plan for the National Capital
(a) PREPARATION AND ADOPTION BY COMMISSION.—The National Cap-
ital Planning Commission shall prepare and adopt a comprehensive, con-
sistent, and coordinated plan for the National Capital. The plan shall in-
clude the Commission’s recommendations or proposals for federal develop-
ments or projects in the environs and District elements of the comprehen-
sive plan, or amendments to the elements, adopted by the Council of the
District of Columbia and with respect to which the Commission has not de-
termined a negative impact exists. Those elements or amendments shall be
incorporated into the comprehensive plan without change. The Commission
may include in its plan any part of a plan adopted by any planning agency
in the environs and may make recommendations of collateral interest to the
agencies. The Commission may adopt any part of an element. The Commis-
sion shall review and may amend or extend the plan so that its rec-
ommendations may be kept up to date.
(b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District of
Columbia shall submit each District element of the comprehensive plan, and
any amendment, to the Council for revision or modification, and adoption,
by act, following public hearings. Following adoption and prior to implemen-
tation, the Council shall submit each element or amendment to the Commis-
sion for review and comment with regard to the impact of the element or
amendment on the interests or functions of the federal establishment in the
National Capital.
(c) COMMISSION RESPONSE TO COUNCIL ACTION.—
(1) PERIOD OF REVIEW.—Within 60 days after receiving an element
or amendment from the Council, the Commission shall certify to the
Council whether the element or amendment has a negative impact on
the interests or functions of the federal establishment in the National
Capital.
(2) NO NEGATIVE IMPACT.—If the Commission takes no action in
the 60-day period, the element or amendment is deemed to have no
negative impact and shall be incorporated into the comprehensive plan
for the National Capital and implemented.
191
(3) NEGATIVE IMPACT.—
(A) CERTIFICATION TO COUNCIL.—If the Commission finds a
negative impact, it shall certify its findings and recommendations
to the Council.
(B) RESPONSE OF COUNCIL.—On receipt of the Commission’s
findings and recommendations, the Council may—
(i) accept the findings and recommendations and modify
the element or amendment accordingly; or
(ii) reject the findings and recommendations and resubmit
a modified form of the element or amendment to the Commis-
sion for reconsideration.
(C) FINDINGS
AND
RECOMMENDATIONS
ACCEPTED.—If the
Council accepts the findings and recommendations and modifies
the element or amendment, the Council shall submit the element
or amendment to the Commission for the Commission to deter-
mine whether the modification has been made in accordance with
the Commission’s findings and recommendations. If the Commis-
sion does not act on the modified element or amendment within
30 days after receiving it, the element or amendment is deemed
to have been modified in accordance with the findings and rec-
ommendations and shall be incorporated into the comprehensive
plan for the National Capital and implemented. If within the 30-
day period the Commission again determines the element or
amendment has a negative impact on the functions or interests of
the federal establishment in the National Capital, the element or
amendment shall not be implemented.
(D) FINDINGS
AND
RECOMMENDATIONS
REJECTED.—If the
Council rejects the findings and recommendations and resubmits
a modified element or amendment, the Commission, within 60
days after receiving it, shall decide whether the modified element
or amendment has a negative impact on the interests or functions
of the federal establishment within the National Capital. If the
Commission does not act within the 60-day period, the modified
element or amendment is deemed to have no negative impact and
shall be incorporated into the comprehensive plan and imple-
mented. If the Commission finds a negative impact, it shall certify
its findings (in sufficient detail that the Council can understand
the basis of the objection of the Commission) and recommenda-
tions to the Council and the element or amendment shall not be
implemented.
192
(d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele-
ment or amendment which the Commission has determined has a negative
impact on the federal establishment in the National Capital which is sub-
mitted again in a modified form not less than one year from the day it was
last rejected by the Commission is deemed to be a new element or amend-
ment for purposes of the review procedure specified in this section.
(e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—
(1) REVIEW.—Before the comprehensive plan, any element of the
plan, or any revision is adopted, the Commission shall present the plan,
element, or revision to the appropriate federal or District of Columbia
authorities for comment and recommendations. The Commission may
present the proposed revisions annually in a consolidated form. Rec-
ommendations by federal and District of Columbia authorities are not
binding on the Commission, but the Commission shall give careful con-
sideration to any views and recommendations submitted prior to final
adoption.
(2) 
HEARINGS
AND
CITIZEN
ADVISORY
COUNCILS.—The
Commission—
(A) may provide periodic opportunity for review and comments
by nongovernmental agencies or groups through public hearings,
meetings, or conferences, exhibitions, and publication of its plans;
and
(B) in consultation with the Council, may encourage the forma-
tion of citizen advisory councils.
(f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission,
the Council may grant an extension of any time limitation contained in this
section.
(g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the Commis-
sion and the Mayor jointly shall publish a comprehensive plan for the Na-
tional Capital, consisting of the elements of the comprehensive plan for the
federal activities in the National Capital developed by the Commission and
the District elements developed by the Mayor and the Council in accordance
with this section.
(h) PROCEDURES FOR CONSULTATION.—
(1) COMMISSION
AND
MAYOR.—The Commission and the Mayor
jointly shall establish procedures for appropriate meaningful continuing
consultation throughout the planning process for the National Capital.
(2) GOVERNMENT AGENCIES.—In order that the National Capital
may be developed in accordance with the comprehensive plan, the Com-
mission, with the consent of each agency concerned as to its represen-
tation, may establish advisory and coordinating committees composed
193
of representatives of agencies of the Federal and District of Columbia
Governments as may be necessary or helpful to obtain the maximum
amount of cooperation and correlation of effort among the various
agencies. As it considers appropriate, the Commission may invite rep-
resentatives of the planning and developmental agencies of the environs
to participate in the work of the committees.
§ 8722. Proposed federal and district developments and
projects
(a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING AGENCY.—
Agencies of the Federal Government responsible for public developments
and projects shall cooperate and correlate their efforts by using the National
Capital Planning Commission as the central planning agency for federal ac-
tivities in the National Capital region. To aid the Commission in carrying
out this function, federal and District of Columbia governmental agencies
on request of the Commission shall furnish plans, data, and records the
Commission requires. The Commission on request shall furnish related
plans, data, and records to federal and District of Columbia governmental
agencies.
(b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.—
(1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the com-
prehensive planning and orderly development of the National Capital,
a federal or District of Columbia agency, before preparing construction
plans the agency originates for proposed developments and projects or
before making a commitment to acquire land, to be paid for at least
in part from federal or District amounts, shall advise and consult with
the Commission as the agency prepares plans and programs in prelimi-
nary and successive stages that affect the plan and development of the
National Capital. After receiving the plans, maps, and data, the Com-
mission promptly shall make a preliminary report and recommenda-
tions to the agency. If the agency, after considering the report and rec-
ommendations of the Commission, does not agree, it shall advise the
Commission and provide the reasons why it does not agree. The Com-
mission then shall submit a final report. After consultation and suitable
consideration of the views of the Commission, the agency may proceed
to take action in accordance with its legal responsibilities and author-
ity.
(2) EXCEPTIONS.—
(A) IN GENERAL.—Paragraph (1) does not apply to projects
within the Capitol grounds or to structures erected by the Depart-
ment of Defense during wartime or national emergency within ex-
isting military, naval, or Air Force reservations, except that the
194
appropriate defense agency shall consult with the Commission as
to any developments which materially affect traffic or require co-
ordinated planning of the surrounding area.
(B) ADVANCE DECISIONS OF COMMISSION.—The Commission
shall determine in advance the type or kinds of plans, develop-
ments, projects, improvements, or acquisitions which do not need
to be submitted for review by the Commission as to conformity
with its plans.
(c) ADDITIONAL
PROCEDURE
FOR
DEVELOPMENTS
AND
PROJECTS
WITHIN ENVIRONS.—
(1) SUBMISSION
TO
COMMISSION.—Within the environs, general
plans showing the location, character, and extent of, and intensity of
use for, proposed federal and District developments and projects involv-
ing the acquisition of land shall be submitted to the Commission for
report and recommendations before a final commitment to the acquisi-
tion is made, unless the matter specifically has been approved by law.
(2) COMMISSION ACTION.—Before acting on any general plan, the
Commission shall advise and consult with the appropriate planning
agency having jurisdiction over the affected part of the environs. When
the Commission decides that proposed developments or projects sub-
mitted to the Commission under subsection (b) involve a major change
in the character or intensity of an existing use in the environs, the
Commission shall advise and consult with the planning agency. The re-
port and recommendations shall be submitted within 60 days and shall
be accompanied by any reports or recommendations of the planning
agency.
(3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In
carrying out its planning functions with respect to federal developments
or projects in the environs, the Commission may work with, and make
agreements with, any state or local authority or planning agency as the
Commission considers necessary to have a plan or proposal adopted
and carried out.
(d) APPROVAL OF FEDERAL PUBLIC BUILDINGS.—The provisions of the
Act of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal
public buildings. In order to ensure the orderly development of the National
Capital, the location, height, bulk, number of stories, and size of federal
public buildings in the District of Columbia and the provision for open space
in and around federal public buildings in the District of Columbia is subject
to the approval of the Commission.
(e) APPROVAL
OF DISTRICT GOVERNMENT BUILDINGS
IN CENTRAL
AREA.—Subsection (d) is extended to include public buildings erected by
195
any agency of the Government of the District of Columbia in the central
area of the District (as defined by concurrent action of the Commission and
the Council of the District of Columbia), except that the Commission shall
transmit its approval or disapproval within 30 days after the day the pro-
posal was submitted to the Commission.
§ 8723. Capital improvements
(a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National
Capital Planning Commission shall recommend a six-year program of public
works projects for the Federal Government which the Commission shall re-
view annually with the agencies concerned. Each federal agency shall submit
to the Commission in the first quarter of each fiscal year a copy of its ad-
vance program of capital improvements within the National Capital and its
environs.
(b) SUBMISSION
OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By
February 1 of each year, the Mayor of the District of Columbia shall submit
to the Commission a copy of the multiyear capital improvements plan for
the District of Columbia that the Mayor develops under section 444 of the
District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 800).
The Commission has 30 days in which to comment on the plan but may
not change or disapprove of the plan.
§ 8724. Zoning regulations and maps
(a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The National
Capital Planning Commission may make a report and recommendation to
the Zoning Commission of the District of Columbia, as provided in section
5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation,
conformity, or consistency of proposed amendments of the zoning regula-
tions and maps with the comprehensive plan for the National Capital. The
Planning Commission may also submit to the Zoning Commission proposed
amendments or general revisions to the zoning regulations or the zoning
map for the District of Columbia.
(b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When requested
by an authorized representative of the Planning Commission, the Zoning
Commission may recess for a reasonable period of time any public hearing
it is holding to consider a proposed amendment to the zoning regulations
or map so that the Planning Commission may have an opportunity to
present to the Zoning Commission an additional report on the proposed
amendment.
(c) ZONING COMMITTEE
OF NATIONAL CAPITAL PLANNING COMMIS-
SION.—
(1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com-
mittee of the National Capital Planning Commission. The Committee
196
consists of at least three members of the Planning Commission the
Planning Commission designates for that purpose. The number of
members serving on the Committee may vary.
(2) DUTIES.—The Committee shall carry out the functions vested in
the Planning Commission under this section and section 8725 of this
title—
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by
the Planning Commission.
§ 8725. Recommendations on platting and subdividing land
(a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council of the
District of Columbia shall submit any proposed change in, or addition to,
the regulations or general orders regulating the platting and subdividing of
lands and grounds in the District of Columbia to the National Capital Plan-
ning Commission for report and recommendation before the Council adopts
the change or addition. The Council shall advise the Commission when it
does not agree with the recommendations of the Commission and shall give
the reasons why it disagrees. The Commission then shall submit a final re-
port within 30 days. After considering the final report, the Council may act
in accordance with its legal responsibilities and authority.
(b) BY PLANNING COMMISSION.—The Commission shall submit to the
Council any proposed change in, or amendment to, the general orders that
the Commission considers appropriate. The Council shall treat the amend-
ments proposed in the same manner as other proposed amendments.
§ 8726. Authorization of appropriations
Amounts necessary to carry out this subchapter may be appropriated
from money in the Treasury not otherwise appropriated and from any ap-
propriate appropriation law, except the annual District of Columbia Appro-
priation Act.
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
§ 8731. Acquiring land for park, parkway, or playground
purposes
(a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning
Commission shall acquire land the Planning Commission believes is nec-
essary and desirable in the District of Columbia and adjacent areas in
Maryland and Virginia for suitable development of the National Capital
park, parkway, and playground system. The acquisition must be within the
limits of the appropriations made for those purposes. The Planning Com-
mission shall request the advice of the Commission of Fine Arts in selecting
land to be acquired.
(b) HOW LAND MAY BE ACQUIRED.—
197
(1) PURCHASE
OR
CONDEMNATION
PROCEEDING.—The National
Capital Planning Commission may buy land when the land can be ac-
quired at a price the Planning Commission considers reasonable or by
a condemnation proceeding when the land cannot be bought at a rea-
sonable price.
(2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro-
ceeding to acquire land in the District of Columbia shall be conducted
in accordance with section 1 of the Act of December 23, 1963 (Public
Law 88–241, 77 Stat. 571).
(3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission
may acquire land in Maryland or Virginia under arrangements agreed
to by the Commission and the proper officials of Maryland or Virginia.
(c) CONTROL OF LAND.—
(1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in the
District of Columbia shall be a part of the park system of the District
of Columbia and be under the control of the Director of the National
Park Service. The National Capital Planning Commission may assign
areas suitable for playground purposes to the control of the Mayor of
the District of Columbia for playground purposes.
(2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland
or Virginia shall be controlled as determined by agreement between the
Planning Commission and the proper officials of Maryland or Virginia.
(d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all land to
be acquired by condemnation, all contracts to purchase land, and all agree-
ments between the National Capital Planning Commission and the officials
of Maryland and Virginia are subject to the approval of the President.
§ 8732. Acquiring land subject to limited rights reserved to
grantor and limited permanent rights in land ad-
joining park property
(a) IN GENERAL.—The National Capital Planning Commission in accord-
ance with this chapter may acquire, for and on behalf of the Federal Gov-
ernment, by gift, devise, purchase, or condemnation—
(1) fee title to land subject to limited rights, but not for business
purposes, reserved to the grantor; and
(2) permanent rights in land adjoining park property sufficient to
prevent the use of the land in certain specified ways which would essen-
tially impair the value of the park property for its purposes.
(b) PREREQUISITES TO ACQUISITION.—
(1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The res-
ervation of rights to the grantor shall not continue beyond the life of
the grantor of the fee. The Commission must decide that the perma-
198
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-
199
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.
200
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.
201
(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;
202
(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.
203
(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.
204
(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
205
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;
206
(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.
207
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.
208
(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.
209
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.
210
§ 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.
211
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
212
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.
213
(2) DIRECTION
FOR
EXECUTIVE
AGENCY
ACTION.—The Director
shall issue to the head of each executive agency clear and concise direc-
tion that the head of each agency shall—
(A) establish effective and efficient capital planning processes
for selecting, managing, and evaluating the results of all of its
major investments in information systems;
(B) determine, before making an investment in a new informa-
tion system—
(i) whether the function to be supported by the system
should be performed by the private sector and, if so, whether
any component of the executive agency performing that func-
tion should be converted from a governmental organization to
a private sector organization; or
(ii) whether the function should be performed by the execu-
tive agency and, if so, whether the function should be per-
formed by a private sector source under contract or by execu-
tive agency personnel;
(C) analyze the missions of the executive agency and, based on
the analysis, revise the executive agency’s mission-related proc-
esses and administrative processes, as appropriate, before making
significant investments in information technology to be used in
support of those missions; and
(D) ensure that the information security policies, procedures,
and practices are adequate.
(3) GUIDANCE
FOR
MULTIAGENCY
INVESTMENTS.—The direction
issued under paragraph (2) shall include guidance for undertaking effi-
ciently and effectively interagency and Federal Government-wide invest-
ments in information technology to improve the accomplishment of mis-
sions that are common to the executive agencies.
(4) PERIODIC REVIEWS.—The Director shall implement through the
budget process periodic reviews of selected information resources man-
agement activities of the executive agencies to ascertain the efficiency
and effectiveness of information technology in improving the perform-
ance of the executive agency and the accomplishment of the missions
of the executive agency.
(5) ENFORCEMENT OF ACCOUNTABILITY.—
(A) IN GENERAL.—The Director may take any action that the
Director considers appropriate, including an action involving the
budgetary process or appropriations management process, to en-
force accountability of the head of an executive agency for infor-
214
mation resources management and for the investments made by
the executive agency in information technology.
(B) SPECIFIC ACTIONS.—Actions taken by the Director may
include—
(i) recommending a reduction or an increase in the amount
for information resources that the head of the executive agen-
cy proposes for the budget submitted to Congress under sec-
tion 1105(a) of title 31;
(ii) reducing or otherwise adjusting apportionments and re-
apportionments of appropriations for information resources;
(iii) using other administrative controls over appropriations
to restrict the availability of amounts for information re-
sources; and
(iv) designating for the executive agency an executive agent
to contract with private sector sources for the performance of
information resources management or the acquisition of infor-
mation technology.
SUBCHAPTER II—EXECUTIVE AGENCIES
§ 11311. Responsibilities
In fulfilling the responsibilities assigned under chapter 35 of title 44, the
head of each executive agency shall comply with this subchapter with respect
to the specific matters covered by this subchapter.
§ 11312. Capital planning and investment control
(a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned under
section 3506(h) of title 44, the head of each executive agency shall design
and implement in the executive agency a process for maximizing the value,
and assessing and managing the risks, of the information technology acqui-
sitions of the executive agency.
(b) CONTENT OF PROCESS.—The process of an executive agency shall—
(1) provide for the selection of information technology investments
to be made by the executive agency, the management of those invest-
ments, and the evaluation of the results of those investments;
(2) be integrated with the processes for making budget, financial,
and program management decisions in the executive agency;
(3) include minimum criteria to be applied in considering whether to
undertake a particular investment in information systems, including
criteria related to the quantitatively expressed projected net, risk-ad-
justed return on investment and specific quantitative and qualitative
criteria for comparing and prioritizing alternative information systems
investment projects;
215
(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;
216
(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
217
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.
218
§ 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-
219
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—
220
(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
221
(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.
222
(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
223
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-
224
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—
225
(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 concep-
tual 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
engage 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.
(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 presentations 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
written 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
logical 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 responsiveness, reasonableness, and quality of the pro-
posed performance, and a sharing of risk and benefits be-
tween the source and the Government.
226
(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.
227
(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;
228
(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
229
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.
230
§ 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,
231
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;
232
(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,
264
articles or things in accordance with the procedure established in
this chapter would be in the public interest.
(4) WHOLLY
OWNED
GOVERNMENT
CORPORATION.—The term
‘‘wholly owned Government corporation’’—
(A) means any corporation, regardless of the law under which
it is incorporated, the capital of which is entirely owned by the
Government; and
(B) includes the authorized officers, employees, and agents of
the corporation.
§ 17302. Compliance
(a) PRESCRIBING REGULATIONS.—With the approval of the President,
the Secretary of the Treasury and the United States Postal Service jointly
shall prescribe regulations governing the shipment of valuables by an execu-
tive department, independent establishment, agency, wholly owned Govern-
ment corporation, officer, or employee of the Federal Government, with a
view to minimizing the risk of loss and destruction of, and damage to,
valuables in shipment.
(b) COMPLIANCE.—Each executive department, independent establish-
ment, agency, wholly owned Government corporation, officer, and employee
of the Government, and each person acting for, or at the direction of, the
executive department, independent establishment, agency, wholly owned
Government corporation, officer, or employee, must comply with the regula-
tions when making any shipment of valuables.
§ 17303. Fund for the payment of Government losses in ship-
ment
(a) ESTABLISHMENT.—There is a revolving fund in the Treasury known
as ‘‘the fund for the payment of Government losses in shipment’’.
(b) USE.—The fund shall be used for the replacement of valuables, or
the value of valuables, lost, destroyed, or damaged while being shipped in
accordance with regulations prescribed under section 17302 of this title.
(c) UNAVAILABILITY.—The fund is not available with respect to any loss,
destruction, or damage affecting valuables—
(1) that relates to property of the United States Postal Service that
is chargeable to its officers or employees; or
(2) of which shipment shall have been made at the risk of persons
other than the Federal Government and the executive departments,
independent establishments, agencies, wholly owned Government cor-
porations, officers and employees of the Government.
(d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and
repayments on account of loss, destruction, or damage to valuables for
286
(41) In section 12603(d), strike ‘‘section 201(a) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’ and
substitute ‘‘section 501 of title 40’’.
(42) In section 18239(b)(1), strike ‘‘section 355 of the Revised Stat-
utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
(c) TITLE 14.—Title 14, United States Code, is amended as follows:
(1) In section 92—
(A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the
Federal’’; and
(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.
251 et seq.)’’.
(2) In section 93(h)—
(A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the
Federal’’; and
(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.
251 et seq.)’’.
(3) In section 641—
(A) in subsection (a)—
(i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the
Federal’’; and
(ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41
U.S.C. 251 et seq.)’’; and
(B) in subsection (c)(2), strike ‘‘section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484)’’ and substitute ‘‘sections 541–555 of title 40’’.
(4) In section 685(c)—
(A) in clause (1), strike—
(i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title
III of the’’; and
(ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.
251 et seq.)’’; and
(B) strike clause (2) and substitute—
‘‘(2) Section 1302 of title 40.’’.
(d) TITLE 18.—Section 3668(c) of title 18, United States Code, is
amended by striking ‘‘sections 304f–304m of Title 40’’ and substituting
‘‘section 1306 of title 40’’.
(e) TITLE 23.—Title 23, United States Code, is amended as follows:
(1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal Property
and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11
of title 40’’.
287
(2) In section 113(a), strike ‘‘the Act of March 3, 1931, known as
the Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–
3144, 3146, and 3147 of title 40’’.
(f) 
THE
INTERNAL
REVENUE
CODE
OF
1986.—Section
7608(c)(1)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C.
7608(c)(1)(A)(i)(IV)) is amended by striking ‘‘section 34 of title 40, United
States Code’’ and substituting ‘‘section 8141 of title 40’’.
(g) TITLE 28.—Title 28, United States Code, is amended as follows:
(1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and
substitute ‘‘sections 541–555 of title 40’’.
(2) In section 612(f), strike ‘‘section 201 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 481)’’ and sub-
stitute ‘‘sections 501–505 of title 40’’.
(3) In section 1499, strike ‘‘section 104 of the Contract Work Hours
and Safety Standards Act’’ and substitute ‘‘section 3703 of title 40’’.
(h) TITLE 31.—Title 31, United States Code, is amended as follows:
(1) In section 781(a), strike ‘‘section 7 of the Public Buildings Act
of 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section 3307
of title 40’’.
(2) In section 782, strike ‘‘(as defined in section 105 of the Public
Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’ and sub-
stitute ‘‘(as defined in section 3306(a) of title 40)’’.
(3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the Brooks
Architect-Engineers Act (40 U.S.C. 541)’’ and substitute section ‘‘1102
of title 40’’.
(4) In section 3126—
(A) in subsection (a), strike ‘‘section 2 of the Government
Losses in Shipment Act (40 U.S.C. 722)’’ and substitute ‘‘section
17303(a) of title 40’’; and
(B) in subsection (b), strike ‘‘Section 3 of the Government
Losses in Shipment Act (40 U.S.C. 723) (related to finality of de-
cisions of the Secretary)’’ and substitute ‘‘Section 17304(c) of title
40’’.
(5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486(b))’’
and substitute ‘‘section 121(b) of title 40’’.
(6) In section 3551(3), strike ‘‘section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute
‘‘section 102 of title 40’’.
288
(7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August 24,
1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b) of title 40’’.
(8) In section 6703(d)(5)—
(A) strike ‘‘the Act of March 3, 1931 (commonly known as the
Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5)’’ and
substitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and
(B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly
known as the Copeland Anti-Kickback Act), as amended (40
U.S.C. 276c, 48 Stat. 948)’’ and substitute ‘‘section 3145 of title
40’’.
(9) In section 9303—
(A) in subsection (d), before clause (1)—
(i) strike ‘‘the Act of August 24, 1935 (known as the Mil-
ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections
3131 and 3133 of title 40’’; and
(ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’ and sub-
stitute ‘‘section 3133(a) of title 40’’;
(B) in subsection (d)(1)—
(i) strike ‘‘the Act of August 24, 1935 (known as the Mil-
ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections
3131 and 3133 of title 40’’; and
(ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’ and
substitute ‘‘section 3133(b) of title 40’’; and
(C) in subsection (e)(2)(A), strike ‘‘the Act of August 24, 1935
(known as the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute
‘‘sections 3131 and 3133 of title 40’’.
(i) TITLE 36.—Title 36, United States Code, is amended as follows:
(1) In section 2103(a)(1), strike ‘‘section 355 of the Revised Stat-
utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
(2) In section 220314(b), strike ‘‘section 451 of the Legislative Re-
organization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute ‘‘section
5108 of title 40’’.
(j) TITLE 38.—Title 38, United States Code, is amended as follows:
(1) In section 115(1), strike ‘‘section 355 of the Revised Statutes
(40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
(2) In section 310(b), strike ‘‘division E of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title
40’’.
(3) In section 8122(a)(1), strike ‘‘section 321 of the Act of June 30,
1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.
289
(4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931 (40
U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)’’ and sub-
stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.
(5) In section 8162(a)—
(A) in paragraph (1), strike ‘‘section 321 of the Act of June
30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 483,
484)’’ and substitute ‘‘subchapter II of chapter 5 of title 40, sec-
tions 541–555 and 1302 of title 40’’; and
(B) in paragraph (3), strike ‘‘the Act of March 3, 1931 (40
U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–3144, 3146,
and 3147 of title 40’’.
(6) In section 8165(c), strike ‘‘section 204 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act
of June 8, 1896 (40 U.S.C. 485a)’’ and substitute ‘‘subchapter IV of
chapter 5 of title 40’’.
(7) In section 8201(e), strike ‘‘section 321 of the Act of June 30,
1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.
(k) TITLE 39.—Section 410(b)(4) of title 39, United States Code, is
amended to read as follows:
‘‘(4) the following provisions of title 40:
‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147;
and
‘‘(B) chapters 37 and 173;’’.
(l) TITLE 44.—Title 44, United States Code, is amended as follows:
(1) In section 311(a), strike ‘‘the Federal Property and Administra-
tive Services Act, approved June 30, 1949, as amended,’’ and sub-
stitute ‘‘subtitle I of title 40 and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’.
(2) In section 2901(13), strike ‘‘section 3(a) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 472(a))’’ and sub-
stitute ‘‘section 102 of title 40’’.
(3) In section 3501(8)(B), strike ‘‘the Computer Security Act of
1987 (Public Law 100–235)’’ and substitute ‘‘section 11332 of title
40’’.
(4) In section 3502(9)—
(A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and
(B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and
substitute ‘‘section 11103 of title 40’’.
(5) In section 3504—
290
(A) in subsection (g)(2), strike ‘‘section 5131 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the
Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub-
stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;
(B) in subsection (g)(3), strike ‘‘section 5131 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the
Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub-
stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;
(C) in subsection (h)(1)(B), strike ‘‘section 5131 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section
11331 of title 40’’; and
(D) in subsection (h)(2)—
(i) strike ‘‘division E of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title
40’’; and
(ii) strike ‘‘section 110 of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 757)’’ and sub-
stitute ‘‘section 322 of title 40’’.
(6) In section 3506—
(A) in subsection (g)(2), strike ‘‘the Computer Security Act of
1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title
40’’; and
(B) in subsection (g)(3), strike ‘‘the Computer Security Act of
1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title
40’’.
(7) In section 3518(d), strike ‘‘section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987
(40 U.S.C. 759 note)’’ and substitute ‘‘sections 11331 and 11332 of
title 40’’.
(m) TITLE 46.—Title 46, United States Code, is amended as follows:
(1) In section 2101(17), strike ‘‘section 13 of the Coast Guard Au-
thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.
(2) In section 3305(c), strike ‘‘section 13 of the Coast Guard Au-
thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.
(n) TITLE 49.—Title 49, United States Code, is amended as follows:
(1) In section 103(e)—
(A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the
Federal Property’’; and
(B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.
251 et seq.)’’.
291
(2) In section 5325(b), strike ‘‘title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub-
stitute ‘‘chapter 11 of title 40’’.
(3) In section 5333(a)—
(A) strike ‘‘the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections
3141–3144, 3146, and 3147 of title 40’’; and
(B) strike ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C.
276c)’’ and substitute ‘‘section 3145 of title 40’’.
(4) In section 24312—
(A) in subsection (a)—
(i) strike ‘‘the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec-
tions 3141–3144, 3146, and 3147 of title 40’’; and
(ii) strike ‘‘section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘sec-
tion 3704 of title 40’’; and
(B) in subsection (b), strike ‘‘the Act of March 3, 1931 (known
as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and sub-
stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’
(5) In section 40110(c)(2)—
(A) in subclause (C), strike ‘‘(as defined in section 13 of the
Public Buildings Act of 1959 (40 U.S.C. 612))’’ and substitute
‘‘(as defined in section 3301(a) of title 40)’’; and
(B) in subclause (F), strike ‘‘title II of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’
and substitute ‘‘sections 121, 123, and 126 and chapter 5 of title
40’’.
(6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the Govern-
ment Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute
‘‘sections 17302 and 17303 of title 40’’.
(7) In section 47107(a)(17), strike ‘‘title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and
substitute ‘‘chapter 11 of title 40’’.
(8) In section 47112(b), strike ‘‘the Act of March 3, 1931 (known
as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute
‘‘sections 3141–3144, 3146, and 3147 of title 40’’.
(9) In section 49111(d)(1), strike ‘‘section 5 of the Act of June 6,
1924 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722 of title 40’’.
(o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.—
Section 403(e) of the Veterans’ Benefits Programs Improvement Act of