H. R. 2068—147
occupy as a testing ground not more than 75 acres of Potomac
Park not needed in any one season for reclamation or park improve-
ment. 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 Aqueduct 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
purposes.
(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 Aque-
duct.
SUBCHAPTER III—SERVICES FOR FACILITIES
§ 8141. Contract to rent buildings in the District of Columbia
not to be made until appropriation enacted
A contract shall not be made for the rent of a building, or
part of a building, to be used for the purposes of the Federal
Government in the District of Columbia until Congress enacts an
appropriation for the rent. This section 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 instead 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
Services may furnish heat from the central heating plant to the
Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees
to—
(1) pay for heat furnished at rates the Administrator deter-
mines; and
(2) connect the building with the Federal Government mains
in a manner satisfactory to the Administrator.
(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 District of Columbia if the Board
agrees to—
H. R. 2068—148
(1) pay for the steam furnished at reasonable rates the
Administrator 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
determine 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 author-
ized 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 government 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 consumption. The branches
of the Federal Government and the government of the District
of Columbia shall pay for the fuel from their applicable appropria-
tions 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 adjacent to all public buildings in the District for the
use of Members of Congress 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 propaga-
tion of trees, shrubs, and plants suitable for planting in the public
reservations. Only those trees, shrubs, and plants shall be planted
in the public reservations.
§ 8164. E. Barrett Prettyman United States Courthouse
(a) OPERATION, MAINTENANCE, AND
REPAIR.—The operation,
maintenance, and repair of the E. Barrett Prettyman United States
Courthouse, 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 Court-
house 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.
H. R. 2068—149
§ 8165. Services for Office of Personnel Management
For carrying out the work of the Director of the Office of Personnel
Management 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
accommodations, 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 metropoli-
tan 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 Alexandria 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 metropolitan region, the necessity for the
continued and effective performance of the functions of the Govern-
ment 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 activi-
ties 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 coordi-
nated with the development of those other areas and with the
management of their public affairs so that, with the cooperation
and assistance of those other areas, all of the areas in the Wash-
ington metropolitan 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 metro-
politan 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 Govern-
ment, 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 respect of the Wash-
ington metropolitan region, shall be that the functions, powers,
H. R. 2068—150
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 facili-
tate the attainment of the coordinated development of the areas
of the Washington metropolitan area and the coordinated manage-
ment 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 problems of water supply, sewage dis-
posal, and water pollution and transportation.
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 District of Columbia and includes the principal federal
monuments, the White House, the Capitol Building, the United
States Supreme Court Building, and the federal executive, legis-
lative, and judicial office buildings 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 Columbia boundary due west of the northernmost point
of Theodore 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
Northwest;
thence south on Eighteenth Street Northwest to Constitu-
tion 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
Northwest;
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 Pennsyl-
vania Avenue Northwest;
H. R. 2068—151
thence east on Pennsylvania Avenue Northwest to Fif-
teenth Street Northwest;
thence south on Fifteenth Street Northwest to Pennsyl-
vania Avenue 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 North-
west;
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 intersec-
tion of Constitution Avenue Northwest and Louisiana
Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to
North Capitol 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;
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 North-
east;
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 Park-
way;
thence southeast on Canal Street Parkway to E Street
Southeast;
thence west on E Street Southeast to the intersection
of Washington 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
Southwest;
thence north on Third Street Southwest to C Street
Southwest;
thence west on C Street Southwest to Sixth Street South-
west;
H. R. 2068—152
thence north on Sixth Street Southwest to Independence
Avenue;
thence west on Independence Avenue to Twelfth Street
Southwest;
thence south on Twelfth Street Southwest to D Street
Southwest;
thence west on D Street Southwest to Fourteenth Street
Southwest;
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 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
paragraph (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 December 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 Wash-
ington Navy Yard, the Anacostia Naval Annex, the United
States Naval Station, Bolling Air Force Base, and the Naval
Research Laboratory; 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—
H. R. 2068—153
(A) apply to the United States Capitol Buildings and
Grounds as defined and described in sections 5101 and
5102, any other buildings and grounds under the care
of the Architect of the Capitol, 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); 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 Columbia, 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 Representatives, Congress, any committee,
commission, or board of the Senate, the House of Rep-
resentatives, or Congress, the Architect 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, including regulations and rules pre-
scribed 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 section had not been enacted and remain
applicable until repealed, amended, altered, modified, or super-
seded.
(c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as prac-
ticable, 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 (including maintenance of streets and highways, and
services under section 1537 of title 31) shall be made available
to the Senate, the House of Representatives, Congress, any com-
mittee, commission, or board of the Senate, the House of Represent-
atives, 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 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 parties, 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
H. R. 2068—154
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 Execu-
tive 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 section 5314 of title 5.
(b) PERSONNEL.—The Director may appoint and fix the rate of
compensation of necessary personnel, subject to chapters 33 and
51 and subchapter 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 Director
shall ensure that there is provided in the remainder of the
area described 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.
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 per-
manent 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.
H. R. 2068—155
SUBCHAPTER I—GENERAL
§ 8701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the location of the seat of government in the District
of Columbia has brought about the development of a metropoli-
tan region extending 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 extent and character of development;
(4) there is needed a central planning agency for the National
Capital region to coordinate certain developmental activities
of the many different agencies of the Federal and District
of Columbia Governments so that those activities may conform
with general objectives;
(5) there is an increasing mutuality of interest and responsi-
bility between 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 char-
acter, 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 legislation.
(b) PURPOSES.—
(1) IN GENERAL.—The purposes of this chapter (except sec-
tions 8733–8736) are—
(A) to secure comprehensive planning for the physical
development 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
(C) to establish the agency and procedures requisite to
the administration of the functions of the Federal and
District Governments related to the planning.
(2) OBJECTIVE.—The general objective of this chapter (except
sections 8733–8736) is to enable appropriate agencies to plan
for the development 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 appropriate 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 economy in the process of development.
§ 8702. Definitions
In this chapter—
H. R. 2068—156
(1) ENVIRONS.—The term ‘‘environs’’ means the territory sur-
rounding the District of Columbia included in the National
Capital region.
(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
region’’ means—
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in Mary-
land;
(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 authorized 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 Plan-
ning Commission is the central federal planning agency for the
Federal Government in the National Capital, created to preserve
the important historical and natural features of the National Cap-
ital, 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 Commis-
sion is composed of—
(A) ex officio, the Secretary of the Interior, the Secretary
of Defense, 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 Affairs of the Senate, and
the chairman of the Committee on Government Reform
of the House of Representatives, or an alternate any of
those individuals designates; and
(B) five citizens with experience in city or regional plan-
ning, 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.
H. R. 2068—157
(4) PAY
AND
EXPENSES.—Citizen members are entitled to
$100 a day when performing duties vested in the Commission
and to reimbursement for necessary expenses incurred in per-
forming those duties.
(c) CHAIRMAN AND OFFICERS.—The President shall designate the
Chairman 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
employ 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.
(e) PRINCIPAL DUTIES.—The principal duties of the National Cap-
ital Planning Commission include—
(1) preparing, adopting, and amending a comprehensive plan
for the federal activities in the National Capital and making
related recommendations to the appropriate developmental
agencies; and
(2) serving as the central planning agency for the Government
within the National Capital region and reviewing the develop-
ment programs of the developmental agencies to advise as
to consistency with the comprehensive plan.
(f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The
National Capital Planning Commission shall carry out all other
functions, powers, and duties of the National Capital Park and
Planning Commission, including those formerly vested in the High-
way 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 services 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
Columbia is the central planning agency for the government of
the District of Columbia in the National Capital and is responsible
for coordinating the planning activities of the District government
and for preparing and implementing the District elements of the
comprehensive plan for the National Capital, which may include
land use elements, urban renewal and redevelopment elements,
a multiyear program of public works for the District, and physical,
H. R. 2068—158
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.
(b) PARTICIPATION
AND CONSULTATION.—In carrying out the
responsibilities 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
Capital Planning Commission shall prepare and adopt a comprehen-
sive, consistent, and coordinated plan for the National Capital.
The plan shall include the Commission’s recommendations or pro-
posals for federal developments or projects in the environs and
District elements of the comprehensive plan, or amendments to
the elements, adopted by the Council of the District of Columbia
and with respect to which the Commission has not determined
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 recommenda-
tions of collateral interest to the agencies. The Commission may
adopt any part of an element. The Commission shall review and
may amend or extend the plan so that its recommendations 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 comprehen-
sive plan, and any amendment, to the Council for revision or modi-
fication, and adoption, by act, following public hearings. Following
adoption and prior to implementation, the Council shall submit
each element or amendment to the Commission 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 imple-
mented.
(3) NEGATIVE IMPACT.—
H. R. 2068—159
(A) CERTIFICATION TO COUNCIL.—If the Commission finds
a negative impact, it shall certify its findings and rec-
ommendations to the Council.
(B) RESPONSE OF COUNCIL.—On receipt of the Commis-
sion’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 Commission 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 determine whether the modification
has been made in accordance with the Commission’s
findings and recommendations. If the Commission 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 recommendations 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 establish-
ment 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 Commis-
sion, 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
implemented. 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 recommendations to the Council and the
element or amendment shall not be implemented.
(d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any
element or amendment which the Commission has determined has
a negative impact on the federal establishment in the National
Capital which is submitted 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 amendment 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 rec-
ommendations. The Commission may present the proposed revi-
sions annually in a consolidated form. Recommendations by
federal and District of Columbia authorities are not binding
H. R. 2068—160
on the Commission, but the Commission shall give careful
consideration 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 com-
ments 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
formation of citizen advisory councils.
(f) EXTENSION OF TIME LIMITATIONS.—On request of the Commis-
sion, the Council may grant an extension of any time limitation
contained in this section.
(g) PUBLISHING
COMPREHENSIVE
PLAN.—As appropriate, the
Commission and the Mayor jointly shall publish a comprehensive
plan for the National 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 mean-
ingful continuing consultation throughout the planning process
for the National Capital.
(2) GOVERNMENT AGENCIES.—In order that the National Cap-
ital may be developed in accordance with the comprehensive
plan, the Commission, with the consent of each agency con-
cerned as to its representation, may establish advisory and
coordinating committees composed of representatives of agen-
cies 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 agen-
cies. As it considers appropriate, the Commission may invite
representatives 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 activities 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
comprehensive 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 commit-
ment to acquire land, to be paid for at least in part from
H. R. 2068—161
federal or District amounts, shall advise and consult with the
Commission as the agency prepares plans and programs in
preliminary and successive stages that affect the plan and
development of the National Capital. After receiving the plans,
maps, and data, the Commission promptly shall make a prelimi-
nary report and recommendations to the agency. If the agency,
after considering the report and recommendations of the
Commission, does not agree, it shall advise the Commission
and provide the reasons why it does not agree. The Commission
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 responsibil-
ities and authority.
(2) EXCEPTIONS.—
(A) IN GENERAL.—Paragraph (1) does not apply to projects
within the Capitol grounds or to structures erected by
the Department of Defense during wartime or national
emergency within existing military, naval, or Air Force
reservations, except that the appropriate defense agency
shall consult with the Commission as to any developments
which materially affect traffic or require coordinated plan-
ning of the surrounding area.
(B) ADVANCE DECISIONS OF COMMISSION.—The Commis-
sion shall determine in advance the type or kinds of plans,
developments, 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, gen-
eral plans showing the location, character, and extent of, and
intensity of use for, proposed federal and District developments
and projects involving the acquisition of land shall be submitted
to the Commission for report and recommendations before a
final commitment to the acquisition 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 submitted to the Commission under
subsection (b) involve a major change in the character or inten-
sity of an existing use in the environs, the Commission shall
advise and consult with the planning agency. The report 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 nec-
essary 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,
H. R. 2068—162
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 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 dis-
approval within 30 days after the day the proposal 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 review 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 advance program
of capital improvements within the National Capital and its envi-
rons.
(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 regulations 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 Commis-
sion, 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
Committee of the National Capital Planning Commission. The
Committee consists of at least three members of the Planning
Commission the Planning Commission designates for that pur-
pose. The number of members serving on the Committee may
vary.
H. R. 2068—163
(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 Planning Commission for report
and recommendation before the Council adopts the change or addi-
tion. 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 report 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 amendments proposed in the same manner
as other proposed amendments.
§ 8726. Authorization of appropriations
Amounts necessary to carry out this subchapter may be appro-
priated from money in the Treasury not otherwise appropriated
and from any appropriate appropriation law, except the annual
District of Columbia Appropriation Act.
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
§ 8731. Acquiring land for park, parkway, or playground pur-
poses
(a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Plan-
ning Commission shall acquire land the Planning Commission
believes is necessary and desirable in the District of Columbia
and adjacent areas in Maryland and Virginia for suitable develop-
ment of the National Capital park, parkway, and playground sys-
tem. The acquisition must be within the limits of the appropriations
made for those purposes. The Planning Commission shall request
the advice of the Commission of Fine Arts in selecting land to
be acquired.
(b) HOW LAND MAY BE ACQUIRED.—
(1) PURCHASE OR CONDEMNATION PROCEEDING.—The National
Capital Planning Commission may buy land when the land
can be acquired at a price the Planning Commission considers
reasonable or by a condemnation proceeding when the land
cannot be bought at a reasonable price.
(2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation
proceeding 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).
H. R. 2068—164
(3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commis-
sion may acquire land in Maryland or Virginia under arrange-
ments 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 Mary-
land 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 agreements 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
adjoining park property
(a) IN GENERAL.—The National Capital Planning Commission
in accordance with this chapter may acquire, for and on behalf
of the Federal Government, 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 suffi-
cient to prevent the use of the land in certain specified ways
which would essentially impair the value of the park property
for its purposes.
(b) PREREQUISITES TO ACQUISITION.—
(1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The
reservation of rights to the grantor shall not continue beyond
the life of the grantor of the fee. The Commission must decide
that the permanent public park purposes for which control
over the land is needed are not essentially impaired by the
reserved rights and that there is a substantial 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 mainte-
nance of the essential 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
H. R. 2068—165
for park, parkway, or playground purposes, and may renew the
lease for an additional five years. A lease or renewal under this
section is—
(1) subject to the approval of the National Capital Planning
Commission;
(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 Cap-
ital 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 public or private sale real estate in the
District of Columbia owned in fee simple by the District of Columbia
for municipal use that the Council of the District of Columbia
and the Commission find to be no longer required for public pur-
poses.
(b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—
(1) may pay the reasonable and necessary expenses of the
sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury
to the credit of the District of Columbia.
§ 8735. Sale of land by Secretary of the Interior
(a) AUTHORITY TO SELL.—With the approval of the National Cap-
ital Planning Commission, the Secretary of the Interior, for the
best interests of the Federal Government, may sell, by deed or
instrument, real estate held by the Government in the District
of Columbia and under the jurisdiction of the National Park Service
which may be no longer needed for public purposes. The land
may be sold for cash or on a deferred-payment plan the Secretary
approves, at a price not less than the Government paid for it
and not less than its present appraised value as determined by
the Secretary.
(b) SALE
TO HIGHEST BIDDER.—In selling any parcel of land
under this section, the Secretary shall have public or private solici-
tation for bids or offers be made as the Secretary considers appro-
priate. The Secretary shall sell the parcel to the party agreeing
to pay the highest price if the price is otherwise satisfactory. If
the price offered or bid by the owner of land abutting the land
to be sold equals the highest price offered or bid by any other
party, the parcel may be sold to the owner of the abutting land.
(c) 
PAYING
EXPENSES
AND
DEPOSITING
PROCEEDS.—The
Secretary—
(1) may pay the reasonable and necessary expenses of the
sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury
to the credit of the Government and the District of Columbia
in the proportion that each—
(A) paid the appropriations used to acquire the parcels;
or
(B) was obligated to pay the appropriations, at the time
of acquisition, by reimbursement.
H. R. 2068—166
§ 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 census may be appropriated each year in the District
of Columbia Appropriation Act for the National Capital Planning
Commission to use for the payment of its expenses and for the
acquisition of land the Commission may acquire under section 8731
of this title for the purposes named, including 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.
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
administered by the National Park Service and the Adminis-
trator 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 perpet-
uate in a permanent manner the memory of an individual,
H. R. 2068—167
group, event or other significant element of American his-
tory; 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 Rev-
enue 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 commemo-
rative work in the District of Columbia and its envi-
rons.
(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 Administrator of General Services admin-
ister.
(b) NONAPPLICATION.—This chapter does not apply to commemora-
tive 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 commemora-
tive work may be authorized only to commemorate a war or similar
major military conflict or a branch of the armed forces. A commemo-
rative work commemorating a lesser conflict or a unit of an armed
force may not be authorized. Commemorative works to a war or
similar major military conflict may not be authorized until at least
10 years after the officially designated end of the event.
(c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—
A commemorative work commemorating an event, individual, or
group of individuals, 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 Administration of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate shall
solicit the views of the National Capital Memorial Commission.
(e) 
EXPIRATION
OF
LEGISLATIVE
AUTHORITY.—Legislative
authority for a commemorative work expires at the end of the
seven-year period beginning on the date the authority is enacted
unless the Secretary of the Interior or Administrator of General
Services, as appropriate, has issued a construction permit for the
commemorative work during that period.
H. R. 2068—168
§ 8904. National Capital Memorial Commission
(a) ESTABLISHMENT AND COMPOSITION.—There is a National Cap-
ital 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 Commis-
sion;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the
General Services Administration; and
(8) the Secretary of Defense.
(b) CHAIRMAN.—The Director is the Chairman of the National
Capital Memorial Commission.
(c) ADVISORY ROLE.—The National Capital Memorial Commission
shall advise the Secretary of the Interior and the Administrator
of General Services on policy and procedures for establishment
of, and proposals to establish, 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
authorized by law to establish a commemorative work in the District
of Columbia and its environs may request a permit for construction
of the commemorative 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 Services, as appropriate, must submit, on behalf
of the person, site and design proposals to the Commission
of Fine Arts and the National Capital Planning Commission
for their approval.
(b) DECISION CRITERIA.—In considering site and design proposals,
the Commission of Fine Arts, National Capital Planning Commis-
sion, Secretary, and Administrator shall be guided by, but not
limited by, the following criteria:
(1) SURROUNDINGS.—To the maximum extent possible, a
commemorative 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
commemorative 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 durable material suitable to the outdoor environment.
H. R. 2068—169
(4) LANDSCAPE FEATURES.—Landscape features of commemo-
rative 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 Adminis-
trator of General Services, as appropriate, shall determine that—
(1) the site and design have been approved by the Secretary
or Administrator, the National Capital Planning Commission
and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of
preservation and maintenance have been consulted to deter-
mine structural soundness 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 PRESERVA-
TION.—
(1) AMOUNT.—In addition to the criteria described in sub-
section (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 esti-
mated 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 Administrator shall not request more from
the separate account than the total amount deposited by per-
sons establishing commemorative works in areas the Secretary
of the Interior or Administrator administers.
(3) INVENTORY
OF
AVAILABLE
AMOUNTS.—The Secretary of
the Interior and Administrator shall maintain an inventory
of amounts available under this subsection. The amounts are
not subject to annual appropriations.
(4) NONAPPLICABILITY.—This subsection does not apply when
a department or agency of the Federal Government constructs
the work and less than 50 percent of the funding for the
work is provided by private sources.
(c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The
Secretary of the Interior or Administrator may suspend any activity
under this chapter that relates to the establishment of a commemo-
rative work if the Secretary or Administrator determines that fund-
raising efforts relating to the work have misrepresented an affili-
ation with the work or the Federal Government.
H. R. 2068—170
(d) ANNUAL REPORT.—The person authorized to construct a
commemorative work under this chapter must submit to the Sec-
retary of the Interior or Administrator an annual report of oper-
ations, including financial statements audited by an independent
certified public accountant. The person shall pay for the report.
§ 8907. Temporary site designation
(a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior,
in consultation with the National Capital Memorial Commission,
determines that a site where commemorative works may be dis-
played on a temporary basis is necessary to aid in the preservation
of the limited amount of open space available to residents of, and
visitors to, the Nation’s Capital, a site may be designated on land
the Secretary administers in the District of Columbia.
(b) PLAN.—A designation may be made under subsection (a) only
if, at least 120 days before the designation, the Secretary, in con-
sultation with the Commission, prepares and submits to Congress
a plan for the site. The plan shall include specifications for the
location, construction, and administration of the site and criteria
for displaying commemorative works at the site.
(c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work
displayed 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
Administrator of General Services shall make available, for public
inspection at appropriate offices of the National Park Service and
the General Services Administration, 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
Memorial Commission, the Secretary or Administrator, as
appropriate, may recommend the location of a commemorative
work in Area I only if the Secretary or Administrator decides
that the subject of the commemorative work is of preeminent
historical and lasting significance to the United States. The
Secretary or Administrator shall notify the Commission, the
Committee on House Administration of the House of Represent-
atives, 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 commemora-
tive 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
commemorative work located in the District of Columbia and its
environs shall be provided to the Secretary of the Interior or
H. R. 2068—171
Administrator of General Services, as appropriate, and shall be
permanently maintained in the manner 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 responsibility for maintaining the work.
(c) REGULATIONS OR STANDARDS.—The Secretary and Adminis-
trator shall prescribe appropriate regulations or standards to carry
out this chapter.
CHAPTER 91—COMMISSION OF FINE ARTS
Sec.
9101.
Establishment, composition, and vacancies.
9102.
Duties.
9103.
Personnel.
9104.
Authorization of appropriations.
§ 9101. Establishment, composition, and vacancies
(a) ESTABLISHMENT.—There is a Commission of Fine Arts.
(b) COMPOSITION.—The Commission is composed of seven well-
qualified judges of the fine arts, appointed by the President, who
serve for four years each or until their successors are appointed
and qualified.
(c) VACANCIES.—The President shall fill vacancies on the Commis-
sion.
(d) EXPENSES.—Members of the Commission shall be paid actual
expenses in traveling to and from the District of Columbia to
attend Commission 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;
(2) the selection of models for statues, fountains, and monu-
ments 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 President 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
Building 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 Commission.
§ 9104. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
CHAPTER 93—THEODORE ROOSEVELT ISLAND
Sec.
9301.
Maintenance and administration.
9302.
Consent of Theodore Roosevelt Association required for development.
H. R. 2068—172
9303.
Access to Theodore Roosevelt Island.
9304.
Source of appropriations.
§ 9301. Maintenance and administration
The Director of the National Park Service shall maintain and
administer Theodore Roosevelt Island as a natural park for the
recreation and enjoyment of the public.
§ 9302. Consent of Theodore Roosevelt Association required
for development
(a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt
Association must approve every general plan for the development
of Theodore Roosevelt Island.
(b) DEVELOPMENT INCONSISTENT
WITH PLAN.—As long as the
Association remains in existence, development inconsistent with
the general plan may not be carried out without the Association’s
consent.
§ 9303. Access to Theodore Roosevelt Island
Subject to the approval of the National Capital Planning Commis-
sion and the availability of appropriations, the Director of the
National Park Service may provide suitable means of access to
and on Theodore Roosevelt Island.
§ 9304. Source of appropriations
The appropriations needed for construction of suitable means
of access to and on Theodore Roosevelt Island and annually for
the care, maintenance, and improvement of the land and improve-
ments may be made from amounts not otherwise appropriated
from the Treasury.
CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER
PUBLIC WORKS IN THE DISTRICT OF COLUMBIA
Sec.
9501.
Chief of Engineers.
9502.
Authority of Chief of Engineers.
9503.
Record of property.
9504.
Reports.
9505.
Paying for main pipes.
9506.
Civil penalty.
9507.
Control of expenditures.
§ 9501. Chief of Engineers
(a) SUPERINTENDENCE DUTIES.—
(1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND
IMPROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of
Engineers has the immediate superintendence of—
(A) the Washington Aqueduct, together with all rights,
appurtenances, and fixtures connected with the Aqueduct
and belonging to the Federal Government; and
(B) all other public works and improvements in the Dis-
trict 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.
H. R. 2068—173
(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
control 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.
(3) APPEAL OF DECISION.—The decision of the Chief of Engi-
neers on all questions concerning the supply of water under
this subsection may be appealed only to the Secretary of the
Army.
§ 9503. Record of property
The Chief of Engineers shall keep in the office a complete record
of all land and other property connected with or belonging to the
Washington Aqueduct and other public works under the charge
of the Chief of Engineers, together with accurate plans and surveys
of the public grounds and reservations in the District of Columbia.
§ 9504. Reports
As superintendent of the Washington Aqueduct, the Chief of
Engineers 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’ operations for that year and a report of
the condition, progress, repairs, casualties, 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 furnish 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.
H. R. 2068—174
§ 9507. Control of expenditures
Unless expressly provided for by law, the Secretary of the Army
shall direct the expenditure of amounts appropriated for the Wash-
ington 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.
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
Procurement 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
‘‘information resources management’’ has the meaning given
that term in section 3502 of title 44.
(5) INFORMATION SYSTEM.—The term ‘‘information system’’
has the meaning given that term in section 3502 of title 44.
(6) INFORMATION
TECHNOLOGY.—The term ‘‘information
technology’’—
(A) with respect to an executive agency means any equip-
ment or interconnected system or subsystem of equipment,
used in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching, inter-
change, transmission, or reception of data or information
by the executive agency, if the equipment is used by the
executive agency directly or is used by a contractor under
a contract with the executive agency that requires the
use—
(i) of that equipment; or
(ii) of that equipment to a significant extent in the
performance of a service or the furnishing of a product;
(B) includes computers, ancillary equipment, software,
firmware and similar procedures, services (including sup-
port services), and related resources; but
(C) does not include any equipment acquired by a federal
contractor incidental to a federal contract.
H. R. 2068—175
§ 11102. Sense of Congress
It is the sense of Congress that, during the five-year period
beginning with 1996, executive agencies should achieve each year
through improvements in information resources management by
the agency—
(1) at least a five percent decrease in the cost (in constant
fiscal year 1996 dollars) incurred by the agency in operating
and maintaining information technology; and
(2) a five percent increase in the efficiency of the agency
operations.
§ 11103. Applicability to national security systems
(a) DEFINITION.—
(1) NATIONAL SECURITY SYSTEM.—In this section, the term
‘‘national security system’’ means a telecommunications or
information system operated by the Federal Government, the
function, operation, or use of which—
(A) involves intelligence activities;
(B) involves cryptologic activities related to national secu-
rity;
(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 prac-
ticable.
(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 national security systems to the extent practicable.
(B) EXCEPTION.—National security systems are subject
to section 11303(b)(5) of this title, except for subparagraph
(B)(iv).
CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF
INFORMATION TECHNOLOGY
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
Sec.
11301.
Responsibility of Director.
11302.
Capital planning and investment control.
11303.
Performance-based and results-based management.
SUBCHAPTER II—EXECUTIVE AGENCIES
11311.
Responsibilities.
H. R. 2068—176
11312.
Capital planning and investment control.
11313.
Performance and results-based management.
11314.
Authority to acquire and manage information technology.
11315.
Agency Chief Information Officer.
11316.
Accountability.
11317.
Significant deviations.
11318.
Interagency support.
SUBCHAPTER III—OTHER RESPONSIBILITIES
11331.
Responsibilities regarding efficiency, security, and privacy of federal com-
puter systems.
11332.
Federal computer system security training and plan.
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT
AND BUDGET
§ 11301. Responsibility of Director
In fulfilling the responsibility to administer the functions assigned
under chapter 35 of title 44, the Director of the Office of Manage-
ment and Budget 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 information technology by the Federal Government to
improve the productivity, efficiency, and effectiveness of federal
programs, including through dissemination of public information
and the reduction of information collection 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 information 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 Presi-
dent 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 investments 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 National Institute of Standards and Tech-
nology under section 11331 of this title and section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g–3).
(e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.—The
Director shall designate the head of one or more executive agencies,
as the Director considers appropriate, as executive agent for Govern-
ment-wide acquisitions of information technology.
H. R. 2068—177
(f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall
encourage 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 experiences of executive agencies, state and local governments,
international organizations, and the private sector in managing
information technology.
(h) COMPARISON
OF
AGENCY
USES
OF
INFORMATION
TECH-
NOLOGY.—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
informed on the extent to which the executive agencies are
improving the performance of agency programs and the accomplish-
ment of the agency missions through the use of the best practices
in information resources management.
(k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The
Director shall coordinate with the Office of Federal Procurement
Policy the development and review by the Administrator of the
Office of Information and Regulatory Affairs of policy associated
with federal acquisition of information technology.
§ 11303. Performance-based and results-based management
(a) IN GENERAL.—The Director of the Office of Management and
Budget shall encourage the use of performance-based and results-
based management in fulfilling the responsibilities assigned under
section 3504(h) of title 44.
(b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—
(1) REQUIREMENT.—The Director shall evaluate the informa-
tion resources management practices of the executive agencies
with respect to the performance and results of the investments
made by the executive agencies in information technology.
(2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director
shall issue to the head of each executive agency clear and
concise direction that the head of each agency shall—
(A) establish effective and efficient capital planning proc-
esses 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
information 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 function should be converted from a
governmental organization to a private sector organiza-
tion; or
(ii) whether the function should be performed by
the executive agency and, if so, whether the function
should be performed by a private sector source under
contract or by executive agency personnel;
(C) analyze the missions of the executive agency and,
based on the analysis, revise the executive agency’s mis-
sion-related processes and administrative processes, as
H. R. 2068—178
appropriate, before making significant investments in
information technology to be used in support of those mis-
sions; and
(D) ensure that the information security policies, proce-
dures, and practices are adequate.
(3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direc-
tion issued under paragraph (2) shall include guidance for
undertaking efficiently and effectively interagency and Federal
Government-wide investments in information technology to
improve the accomplishment of missions that are common to
the executive agencies.
(4) PERIODIC
REVIEWS.—The Director shall implement
through the budget process periodic reviews of selected informa-
tion resources management activities of the executive agencies
to ascertain the efficiency and effectiveness of information tech-
nology in improving the performance 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 manage-
ment process, to enforce accountability of the head of an
executive agency for information 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 agency proposes for the budget submitted
to Congress under section 1105(a) of title 31;
(ii) reducing or otherwise adjusting apportionments
and reapportionments of appropriations for information
resources;
(iii) using other administrative controls over appro-
priations to restrict the availability of amounts for
information resources; 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 information technology.
SUBCHAPTER II—EXECUTIVE AGENCIES
§ 11311. Responsibilities
In fulfilling the responsibilities assigned under chapter 35 of
title 44, the head of each executive agency shall comply with this
subchapter with respect to the specific matters covered by this
subchapter.
§ 11312. Capital planning and investment control
(a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned
under section 3506(h) of title 44, the head of each executive agency
shall design and implement in the executive agency a process
for maximizing the value, and assessing and managing the risks,
of the information technology acquisitions of the executive agency.
H. R. 2068—179
(b) CONTENT OF PROCESS.—The process of an executive agency
shall—
(1) provide for the selection of information technology invest-
ments to be made by the executive agency, the management
of those investments, and the evaluation of the results of those
investments;
(2) be integrated with the processes for making budget, finan-
cial, 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-adjusted return on investment
and specific quantitative and qualitative criteria for comparing
and prioritizing alternative information systems investment
projects;
(4) identify information systems investments that would
result in shared benefits or costs for other federal agencies
or state or local governments;
(5) identify quantifiable measurements for determining the
net benefits and risks of a proposed investment; and
(6) provide the means for senior management personnel of
the executive agency to obtain timely information regarding
the progress of an investment in an information system, includ-
ing a system of milestones for measuring progress, on an inde-
pendently verifiable basis, in terms of cost, capability of the
system to meet specified requirements, timeliness, 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 effective-
ness of agency operations and, as appropriate, the delivery
of services to the public through the effective use of information
technology;
(2) prepare an annual report, to be included in the executive
agency’s budget submission to Congress, on the progress in
achieving the goals;
(3) ensure that performance measurements—
(A) are prescribed for information technology used by,
or to be acquired for, the executive agency; and
(B) measure how well the information technology sup-
ports programs of the executive agency;
(4) where comparable processes and organizations in the
public or private sectors exist, quantitatively benchmark agency
process performance against those processes in terms of cost,
speed, productivity, and quality of outputs and outcomes;
(5) analyze the missions of the executive agency and, based
on the analysis, revise the executive agency’s mission-related
processes and administrative processes as appropriate before
making significant investments in information technology to
be used in support of the performance of those missions; and
(6) ensure that the information security policies, procedures,
and practices of the executive agency are adequate.
H. R. 2068—180
§ 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;
(2) making a contract that provides for multiagency acquisi-
tions of information technology in accordance with guidance
issued by the Director of the Office of Management and Budget;
and
(3) if the Director finds that it would be advantageous for
the Federal Government to do so, making a multiagency con-
tract for procurement of commercial items of information tech-
nology that requires each executive agency covered by the con-
tract, when procuring those items, to procure the items under
that contract or to justify an alternative procurement of the
items.
(b) FTS 2000 PROGRAM.—The Administrator of General Services
shall continue to manage the FTS 2000 program, and to coordinate
the follow-on to that program, for and with the advice of the
heads of executive agencies.
§ 11315. Agency Chief Information Officer
(a) DEFINITION.—In this section, the term ‘‘information technology
architecture’’, with respect to an executive agency, means an
integrated framework for evolving or maintaining existing informa-
tion technology and acquiring 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 resources are managed for the
executive agency in a manner that implements the policies
and procedures of this subtitle, consistent with chapter 35
of title 44 and the priorities established by the head of the
executive agency;
(2) developing, maintaining, and facilitating the implementa-
tion of a sound and integrated information technology architec-
ture for the executive 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 pro-
grams of the agency, evaluates the performance of those pro-
grams on the basis of the applicable performance measure-
ments, and advises the head of the agency regarding whether
to continue, modify, or terminate a program or project; and
(3) annually, as part of the strategic planning and perform-
ance evaluation process required (subject to section 1117 of
title 31) under section 306 of title 5 and sections 1105(a)(28),
H. R. 2068—181
1115–1117, and 9703 (as added by section 5(a) of the Govern-
ment Performance and Results Act of 1993 (Public Law 103–
62, 107 Stat. 289)) of title 31—
(A) assesses the requirements established for agency per-
sonnel regarding knowledge and skill in information
resources management and the adequacy of those require-
ments for facilitating the achievement of the performance
goals established for information resources management;
(B) assesses the extent to which the positions and per-
sonnel 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 defi-
ciency 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 Information Officer and the Chief Financial Officer of that
executive agency (or, in the case of an executive agency without
a chief financial officer, any comparable official), shall establish
policies and procedures to ensure that—
(1) the accounting, financial, asset management, and other
information systems of the executive agency are designed,
developed, maintained, and used effectively to provide financial
or program performance data for financial statements of the
executive agency;
(2) financial and related program performance data are pro-
vided 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 proc-
esses and administrative processes of the executive agency;
and
(B) measurement of the performance of investments made
by the agency in information systems.
§ 11317. Significant deviations
The head of each executive agency shall identify in the strategic
information 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 informa-
tion technology to support jointly with other executive agencies
the activities of interagency groups that are established to advise
the Director of the Office of Management and Budget in carrying
out the Director’s responsibilities under this chapter. The use of
those amounts for that purpose is subject to requirements and
limitations on uses and amounts that the Director may prescribe.
H. R. 2068—182
The Director shall prescribe the requirements and limitations dur-
ing the Director’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 Technology Act (15 U.S.C. 278g–3(d)).
(b) STANDARDS AND GUIDELINES.—
(1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—
(A) AUTHORITY TO PRESCRIBE.—On the basis of standards
and guidelines developed by the National Institute of
Standards and Technology pursuant to paragraphs (2) and
(3) of section 20(a) of the Act (15 U.S.C. 278g–3(a)(2),
(3)), the Secretary of Commerce shall prescribe standards
and guidelines pertaining to federal 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 pri-
vacy of federal computer systems.
(B) AUTHORITY TO DISAPPROVE OR MODIFY.—The Presi-
dent may disapprove or modify those standards and guide-
lines 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 dele-
gated. Notice of disapproval or modification shall be pub-
lished promptly in the Federal Register. On receiving notice
of disapproval or modification, the Secretary shall imme-
diately rescind or modify those standards or guidelines
as directed by the President.
(2) EXERCISE
OF
AUTHORITY.—To ensure fiscal and policy
consistency, the Secretary shall exercise the authority conferred
by this section 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 federal agency may employ standards for the cost-effective secu-
rity and privacy of sensitive information in a federal computer
system in or under the supervision of that agency that are more
stringent than the standards the Secretary prescribes under this
section if the more stringent standards contain at least the
applicable standards the Secretary makes compulsory and binding.
(d) WAIVER OF STANDARDS.—
(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 operator of a federal computer system; or
(B) cause a major adverse financial impact on the oper-
ator that is not offset by Federal Government-wide savings.
(2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may
delegate to the head of one or more federal agencies authority
H. R. 2068—183
to waive those standards to the extent the Secretary determines
that action to be necessary and desirable to allow for timely
and effective implementation of federal computer system stand-
ards. 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
transmitted 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’’,
‘‘federal agency’’, ‘‘federal computer system’’, ‘‘operator of a federal
computer system’’, and ‘‘sensitive information’’ have the meanings
given those terms in section 20(d) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g–3(d)).
(b) TRAINING—
(1) IN
GENERAL.—Each federal agency shall provide for
mandatory periodic training in computer security awareness
and accepted computer security practice of all employees who
are involved with the management, use, or operation of each
federal computer system within or under the supervision of
the agency. The training shall be–
(A) provided in accordance with the guidelines developed
pursuant 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 objectives of the guidelines and regula-
tions.
(2) TRAINING
OBJECTIVES.—Training under this subsection
shall be designed—
(A) to enhance employees’ awareness of the threats to,
and vulnerability of, computer systems; and
(B) to encourage the use of improved computer security
practices.
(3) REGULATIONS.—The Director of the Office of Personnel
Management 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, poli-
cies, 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 con-
taining sensitive information. The plan must be commensurate
with the risk and magnitude of the harm resulting 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.
H. R. 2068—184
(d) HANDLING OF INFORMATION NOT AFFECTED.—This section does
not—
(1) constitute authority to withhold information sought pursu-
ant to section 552 of title 5; or
(2) authorize a federal agency to limit, restrict, regulate,
or control the collection, maintenance, disclosure, use, transfer,
or sale of any information (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 requiring 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 approaches for the acquisition of information
technology by executive agencies.
(2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PRO-
GRAM.—Except as otherwise provided in this chapter, each pilot
program conducted under this chapter shall be carried out
in not more than two procuring activities in each of the execu-
tive agencies that are designated by the Administrator for
Federal Procurement Policy in accordance with this chapter
to carry out the pilot program. With the approval of the
Administrator for Federal Procurement Policy, the head of each
designated executive agency shall select the procuring activities
of the executive agency that are to participate in the test
and shall designate a procurement testing official who shall
be responsible for the conduct and evaluation of the pilot pro-
gram within the executive agency.
(b) LIMITATIONS.—
(1) NUMBER.—Not more than two pilot programs may be
conducted under this chapter, including one pilot program each
pursuant to the requirements of sections 11521 and 11522
of this title.
(2) AMOUNT.—The total amount obligated for contracts
entered into under the pilot programs conducted under this
chapter may not exceed $750,000,000. The Administrator for
H. R. 2068—185
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 Procure-
ment 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 prac-
ticable, the head of each executive agency conducting a pilot pro-
gram under section 11501 of this title shall establish measurable
criteria for evaluating the effects of the procedures or techniques
to be tested under the program.
(b) TEST PLAN.—Before a pilot program may be conducted under
section 11501 of this title, the Administrator for Federal Procure-
ment Policy shall submit to Congress a detailed test plan for the
program, including a detailed description of the procedures to be
used and a list of regulations that are to be waived.
§ 11503. Report
(a) REQUIREMENT.—Not later than 180 days after the completion
of a pilot program under this chapter, the Administrator for Federal
Procurement Policy shall—
(1) submit to the Director of the Office of Management and
Budget a report on the results and findings under the program;
and
(2) provide a copy of the report to Congress.
(b) CONTENT.—The report shall include—
(1) a detailed description of the results of the program, as
measured by the criteria established for the program; and
(2) a discussion of legislation that the Administrator rec-
ommends, 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 deter-
mines that the results and findings under a pilot program under
this chapter indicate that legislation is necessary or desirable to
improve the process for acquisition of information technology, the
Director shall transmit the Director’s 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.
H. R. 2068—186
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 program to test the feasibility of—
(1) contracting on a competitive basis with a private sector
source to provide the Federal Government with an information
technology solution for improving mission-related or adminis-
trative processes of the Federal Government; and
(2) paying the private sector source an amount equal to
a portion of the savings derived by the Federal Government
from any improvements in mission-related processes and
administrative processes that result from implementation of
the solution.
(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 Adminis-
trator 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
contracting’’ is an acquisition method under which the acquisition
objectives are defined by the Federal Government user of the tech-
nology 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 subsection (d), to carry out a pilot program to test the feasi-
bility of using solutions-based contracting for the acquisition of
information technology.
(c) PROCESS REQUIREMENTS.—The Administrator shall require
use of a process with the following aspects for acquisitions under
the pilot program:
(1) ACQUISITION
PLAN
EMPHASIZING
DESIRED
RESULT.—
Preparation of an acquisition plan that defines the functional
requirements of the intended users of the information tech-
nology to be acquired, identifies the operational improvements
to be achieved, and defines the performance measurements
to be applied in determining whether the information tech-
nology acquired satisfies the defined requirements and attains
the identified results.
(2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a state-
ment of work that is limited to an expression of the end results
or performance capabilities desired under the acquisition plan.
(3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small
acquisition 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 contributions toward attainment of the desired
results identified in the acquisition plan.
H. R. 2068—187
(B) A small source selection team composed of representa-
tives of the specific mission or administrative area to be
supported by the information technology to be acquired,
a contracting officer, and individuals with relevant exper-
tise.
(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 organizations with solutions for attaining
objectives similar to the objectives of the acquisition, past
contract performance, qualifications of the proposed pro-
gram manager, and the proposed management plan; and
(B) the costs likely to be associated with the conceptual
approach proposed by the offeror.
(5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—
Open availability of the following information to potential
offerors:
(A) The agency mission to be served by the acquisition.
(B) The functional process to be performed by use of
information technology.
(C) The process improvements to be attained.
(6) SIMPLE SOLICITATION.—Use of a simple solicitation that
sets forth only the functional work description, the source selec-
tion factors to be used in accordance with paragraph (4), the
required terms and conditions, instructions regarding submis-
sion of offers, and the estimate of the Government’s budget
for the desired work.
(7) SIMPLE PROPOSALS.—Submission of oral presentations and
written proposals that are limited in size and scope and contain
information on—
(A) the offeror’s qualifications to perform the desired
work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with the proposed
conceptual approach.
(8) SIMPLE
EVALUATION.—Use of a simplified evaluation
process, to be completed within 45 days after receipt of pro-
posals, 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 evalu-
ating personnel regarding, for each offeror—
(i) the qualifications of the offeror, including how
the qualifications 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
H. R. 2068—188
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 discus-
sions, and written proposals, submitted in accordance with
paragraph (7).
(B) A program definition phase of 30–60 days (or a longer
period 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 Govern-
ment on the basis of cost, the responsiveness, reason-
ableness, and quality of the proposed performance, and
a sharing of risk and benefits between the source and
the Government.
(C) As many successive program definition phases as
necessary to award a contract in accordance with subpara-
graph (B).
(10) 
SYSTEM
IMPLEMENTATION
PHASING.—System
implementation to be executed in phases that are tailored to
the solution, with appropriate contract arrangements being
used for various phases and activities.
(11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the
Government 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 solicitation, 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 acquisi-
tions 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.
H. R. 2068—189
11702.
Identification of excess and surplus computer equipment.
11703.
Index of certain information in information systems included in directory
established under section 4101 of title 44.
11704.
Procurement procedures.
§ 11701. On-line multiple award schedule contracting
(a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—
To provide for the economic and efficient procurement of information
technology and other commercial items, the Administrator of Gen-
eral Services shall provide Federal Government-wide on-line com-
puter access to information on products and services that are avail-
able for ordering through the multiple award schedules.
(b) REQUIREMENTS.—The system for providing on-line computer
access shall—
(1) have the capability to—
(A) provide basic information on prices, features, and
performance 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 sched-
ules 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 General Services that the system for providing on-line com-
puter 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 procure-
ment of information technology products and services available
for ordering through the multiple award schedules.
(2) APPLICABILITY
TO
MULTIPLE
AWARD
SCHEDULE
CON-
TRACTS.—Except as provided in paragraph (4), the pilot program
shall be applicable to all multiple award schedule contracts
for the purchase of information technology and shall test the
following procedures:
(A) A procedure under which negotiation of the terms
and conditions for a covered multiple award schedule con-
tract 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 contracts;
(ii) agrees to terms and conditions that the Adminis-
trator for Federal Procurement Policy determines are
H. R. 2068—190
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 program is established, the Comptroller General shall
review the pilot program and report to Congress on the
results of the pilot program.
(B) CONTENT OF REPORT.—The report shall include the
following:
(i) An evaluation of the extent to which there is
competition for the orders placed under the pilot pro-
gram.
(ii) The effect that the streamlined procedures under
the pilot program have on prices charged under mul-
tiple award schedule contracts.
(iii) The effect that those procedures have on paper-
work requirements for multiple award schedule con-
tracts and orders.
(iv) The impact of the pilot program on small
businesses and socially and economically disadvan-
taged small businesses.
(4) WITHDRAWAL
OF
SCHEDULE
OR
PORTION
OF
SCHEDULE
FROM PILOT PROGRAM.—
(A) WHEN
ALLOWED.—The Administrator for Federal
Procurement Policy may withdraw a multiple award
schedule or portion of a schedule from the pilot program
if the Administrator determines 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
Policy shall notify Congress at least 30 days before the
date on which 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 Procure-
ment 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.
H. R. 2068—191
§ 11702. Identification of excess and surplus computer equip-
ment
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 subtitle, the head of an executive agency determines that
a purpose of the system is to disseminate information to the public,
then the head of that executive agency shall reasonably ensure
that an index of information disseminated by the system is included
in the directory created pursuant to section 4101 of title 44. This
section does not authorize the dissemination of information 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 technology is a simplified, clear, and understandable
process that specifically addresses the management of risk, incre-
mental acquisitions, and the need to incorporate commercial
information technology in a timely manner.
SUBTITLE IV—APPALACHIAN REGIONAL
DEVELOPMENT
CHAPTER
Sec.
141.
GENERAL PROVISIONS .......................................................................... 14101
143.
APPALACHIAN REGIONAL COMMISSION .......................................... 14301
145.
SPECIAL APPALACHIAN PROGRAMS .................................................. 14501
147.
MISCELLANEOUS .................................................................................... 14701
CHAPTER 141—GENERAL PROVISIONS
Sec.
14101.
Findings and purposes.
14102.
Definitions.
§ 14101. Findings and purposes
(a) 1965 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds and declares that the Appa-
lachian 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 reliance on a few basic
industries and a marginal agriculture, has failed to provide
the economic base that is a vital prerequisite for vigorous,
self-sustaining growth. State and local governments and the
people of the region understand their problems and have been
working, and will continue to work, purposefully toward their
solution. Congress recognizes the comprehensive report of the
President’s Appalachian Regional Commission documenting
these findings and concludes that regionwide development is
feasible, desirable, and urgently needed.
H. R. 2068—192
(2) PURPOSE.—It is the purpose of this subtitle to assist
the region in meeting its special problems, to promote its eco-
nomic 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 significant 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, Con-
gress 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
substantial progress has been made toward achieving the pur-
poses set out in subsection (a), especially with respect to the
provision of essential public facilities, much remains to be
accomplished, especially with respect to the provision of essen-
tial health, education, and other public services. Congress recog-
nizes that changes and evolving national purposes in the decade
since 1965 affect not only the Appalachian region but also
its relationship to a nation that on December 31, 1975, is
assigning higher priority to conservation and the quality of
life, values long cherished within the region. Appalachia as
of December 31, 1975, has the opportunity, in accommodating
future growth and development, to demonstrate local leadership
and coordinated planning so that housing, public services,
transportation and other community facilities will be provided
in a way congenial to the traditions and beauty of the region
and compatible with conservation values and an enhanced
quality of life for the people of the region, and consistent
with that goal, the Appalachian region should be able to take
advantage of eco-industrial development, which promotes both
employment and economic growth and the preservation of nat-
ural resources. Congress recognizes also that fundamental
changes are occurring in national energy requirements and
production, which not only risk short-term dislocations but
will undoubtedly result in major long-term effects in the region.
It is essential that the 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 mini-
mize the social and environmental costs; and
H. R. 2068—193
(C) implementing programs and projects carried out in
the region by federal, state, and local governmental agen-
cies so as to better meet the special problems generated
in the region by the Nation’s energy needs and policies,
including problems of transportation, housing, community
facilities, and human services.
(c) 1998 FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress further finds and declares that while
substantial 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 sub-
sections (a) and (b), it is the purpose of this subtitle—
(A) to assist the Appalachian region in—
(i) providing the infrastructure necessary for eco-
nomic and human resource development;
(ii) developing the region’s industry;
(iii) building entrepreneurial communities;
(iv) generating a diversified regional economy; and
(v) making the region’s industrial and commercial
resources more competitive in national and world mar-
kets;
(B) to provide a framework for coordinating federal, state,
and local initiatives to respond to the economic competitive-
ness challenges 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 develop-
ment technologies; and
(iii) improving the access of the region’s businesses
to the technical and financial resources necessary to
development of the businesses; and
(C) to address the needs of severely and persistently
distressed areas of the Appalachian region and focus special
attention on the areas of greatest need so as to provide
a fairer opportunity for the people of the region to share
the quality of life generally enjoyed by citizens across the
United States.
§ 14102. Definitions
(a) DEFINITIONS.—In this subtitle—
(1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’
means that area of the eastern United States consisting of
the following counties (including any political subdivision
located within the area):
(A) In Alabama, the counties of Bibb, Blount, Calhoun,
Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert,
Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette,
Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale,
Lawrence, Limestone, Macon, Madison, 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,
H. R. 2068—194
Gordon, Gwinnett, Habersham, Hall, Haralson, Hart,
Heard, Jackson, Lumpkin, Madison, Murray, Paulding,
Pickens, Polk, Rabun, Stephens, Towns, Union, Walker,
White, and Whitfield.
(C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,
Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,
Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,
Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox,
Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln,
McCreary, Madison, Magoffin, Martin, Menifee, Monroe,
Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski,
Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe.
(D) In Maryland, the counties of Allegany, Garrett, and
Washington.
(E) In Mississippi, the counties of Alcorn, Benton, Cal-
houn, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee,
Lowndes, 
Marshall, 
Monroe, 
Montgomery, 
Noxubee,
Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, Tishomingo,
Union, Webster, Winston, and Yalobusha.
(F) In New York, the counties of Allegany, Broome,
Cattaraugus, Chautauqua, Chemung, Chenango, Cortland,
Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and
Tompkins.
(G) In North Carolina, the counties of Alexander,
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cher-
okee, Clay, Davie, Forsyth, Graham, Haywood, Henderson,
Jackson, McDowell, Macon, Madison, Mitchell, Polk, Ruth-
erford, Stokes, Surry, Swain, Transylvania, Watauga,
Wilkes, Yadkin, and Yancey.
(H) In Ohio, the counties of Adams, Athens, Belmont,
Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson,
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,
Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and
Washington.
(I) In Pennsylvania, the counties of Allegheny, Arm-
strong, Beaver, Bedford, Blair, Bradford, Butler, Cambria,
Cameron, Carbon, Centre, Clarion, Clearfield, Clinton,
Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton,
Greene, Huntingdon, Indiana, Jefferson, Juniata, Lacka-
wanna, Lawrence, Luzerne, Lycoming, McKean, Mercer,
Mifflin, Monroe, Montour, Northumberland, Perry, Pike,
Potter, Schuylkill, Snyder, Somerset, Sullivan, Susque-
hanna, Tioga, Union, Venango, Warren, Washington,
Wayne, Westmoreland, and Wyoming.
(J) In South Carolina, the counties of Anderson, Cher-
okee, Greenville, Oconee, Pickens, and Spartanburg.
(K) In Tennessee, the counties of Anderson, Bledsoe,
Blount, Bradley, Campbell, Cannon, Carter, Claiborne,
Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress,
Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox,
Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan,
Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van
Buren, Warren, Washington, and White.
H. R. 2068—195
(L) In Virginia, the counties of Alleghany, Bath, Bland,
Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd,
Giles, Grayson, Highland, Lee, Montgomery, Pulaski,
Rockbridge, Russell, Scott, Smyth, Tazewell, Washington,
Wise, and Wythe.
(M) All the counties of West Virginia.
(2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local develop-
ment district’’ means any of the following entities for which
the Governor of the State in which the entity is located, or
the appropriate state officer, certifies to the Appalachian
Regional Commission that the entity has a charter or authority
that includes the economic development of counties or parts
of counties or other political subdivisions within the region:
(A) a nonprofit incorporated body organized or chartered
under the law of the State in which it is located.
(B) a nonprofit agency or instrumentality of a state or
local government.
(C) a nonprofit agency or instrumentality created through
an interstate compact.
(D) a nonprofit association or combination of bodies, agen-
cies, and instrumentalities described in this paragraph.
(b) CHANGE IN DEFINITION.—The Commission may not propose
or consider a recommendation for any change in the definition
of the Appalachian region as set forth in this section without
a prior resolution by the Committee on Environment and Public
Works of the Senate or the Committee on Transportation and
Infrastructure of the House of Representatives that directs a study
of the change.
CHAPTER 143—APPALACHIAN REGIONAL COMMISSION
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Sec.
14301.
Establishment, membership, and employees.
14302.
Decisions.
14303.
Functions.
14304.
Recommendations.
14305.
Liaison between Federal Government and Commission.
14306.
Administrative powers and expenses.
14307.
Meetings.
14308.
Information.
14309.
Personal financial interests.
14310.
Annual report.
SUBCHAPTER II—FINANCIAL ASSISTANCE
14321.
Grants and other assistance.
14322.
Approval of development plans, strategy statements, and projects.
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
§ 14301. Establishment, membership, and employees
(a) ESTABLISHMENT.—There is an Appalachian Regional Commis-
sion.
(b) MEMBERSHIP.—
(1) FEDERAL AND STATE MEMBERS.—The Commission is com-
posed of the Federal Cochairman, appointed by the President
by and with the advice and consent of the Senate, and the
Governor of each participating State in the Appalachian region.
(2) ALTERNATE MEMBERS.—Each state member may have a
single alternate, appointed by the Governor from among the
H. R. 2068—196
members of the Governor’s cabinet or the Governor’s personal
staff. The President, by and with the advice and consent of
the Senate, shall appoint an alternate for the Federal Cochair-
man. An alternate shall vote in the event of the absence,
death, disability, removal, or resignation of the member for
whom the individual is an alternate. A state alternate shall
not be counted toward the establishment of a quorum of the
Commission when a quorum of the state members is required.
(3) COCHAIRMEN.—The Federal Cochairman is one of the
two Cochairmen of the Commission. The state members shall
elect a Cochairman of the Commission from among themselves
for a term of not less than one year.
(c) COMPENSATION.—The Federal Cochairman shall be com-
pensated by the Federal Government at level III of the Executive
Schedule as set out in section 5314 of title 5. The Federal Cochair-
man’s alternate shall be compensated by the Government at level
V of the Executive Schedule as set out in section 5316 of title
5. Each state member and alternate shall be compensated by the
State which they represent at the rate established by law of that
State.
(d) DELEGATION.—
(1) POWERS AND RESPONSIBILITIES.—Commission powers and
responsibilities specified in section 14302(c) and (d) of this
title, and the vote of any Commission member, may not be
delegated to an individual who is not a Commission member
or who is not entitled to vote in Commission meetings.
(2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the
Federal Cochairman shall perform the functions and duties
the Federal Cochairman delegates when not actively serving
as the alternate.
(e) EXECUTIVE DIRECTOR.—The Commission has an executive
director. The executive director is responsible for carrying out the
administrative functions of the Commission, for directing the
Commission staff, and for other duties the Commission may assign.
(f) STATUS OF PERSONNEL.—Members, alternates, officers, and
employees of the Commission are not federal employees for any
purpose, except the Federal Cochairman, the alternate to the Fed-
eral Cochairman, the staff of the Federal Cochairman, and federal
employees detailed to the Commission under section 14306(a)(3)
of this title.
§ 14302. Decisions
(a) REQUIREMENTS FOR APPROVAL.—Except as provided in section
14306(d) of this title, decisions by the Appalachian Regional
Commission require the affirmative vote of the Federal Cochairman
and of a majority of the state members, exclusive of members
representing States delinquent under section 14306(d).
(b) CONSULTATION.—In matters coming before the Commission,
the Federal Cochairman, to the extent practicable, shall consult
with the federal departments and agencies having an interest in
the subject matter.
(c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A deci-
sion involving Commission policy, approval of state, regional or
subregional development plans or strategy statements, modification
or revision of the Appalachian Regional Commission Code, allocation
of amounts among the States, or designation of a distressed county
H. R. 2068—197
or an economically strong county shall not be made without a
quorum of state members.
(d) PROJECT AND GRANT PROPOSALS.—The approval of project
and grant proposals is a responsibility of the Commission and
shall be carried out in accordance with section 14322 of this title.
§ 14303. Functions
(a) IN GENERAL.—In carrying out the purposes of this subtitle,
the Appalachian Regional Commission shall—
(1) develop, on a continuing basis, comprehensive and coordi-
nated plans and programs and establish priorities under those
plans and programs, giving due consideration to other federal,
state, and local planning in the Appalachian region;
(2) conduct and sponsor investigations, research, and studies,
including an inventory and analysis of the resources of the
region, and, in cooperation with federal, state, and local agen-
cies, sponsor demonstration projects designed to foster regional
productivity and growth;
(3) review and study, in cooperation with the agency involved,
federal, state, and local public and private programs and, where
appropriate, recommend modifications or additions which will
increase their effectiveness in the region;
(4) formulate and recommend, where appropriate, interstate
compacts and other forms of interstate cooperation and work
with state and local agencies in developing appropriate model
legislation;
(5) encourage the formation of, and support, local develop-
ment districts;
(6) encourage private investment in industrial, commercial,
and recreational projects;
(7) serve as a focal point and coordinating unit for Appa-
lachian programs;
(8) provide a forum for consideration of problems of the
region and proposed solutions and establish and utilize, as
appropriate, citizens and special advisory councils and public
conferences;
(9) encourage the use of eco-industrial development tech-
nologies and approaches; and
(10) seek to coordinate the economic development activities
of, and the use of economic development resources by, federal
agencies in the region.
(b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In car-
rying out its functions under this section, the Commission shall
identify the characteristics of, and may distinguish between the
needs and goals of, appropriate subregional areas, including central,
northern, and southern Appalachia.
§ 14304. Recommendations
The Appalachian Regional Commission may make recommenda-
tions to the President and to the Governors and appropriate local
officials with respect to—
(1) the expenditure of amounts by federal, state, and local
departments and agencies in the Appalachian region in the
fields of natural resources, agriculture, education, training, and
health and welfare and in other fields related to the purposes
of this subtitle; and
H. R. 2068—198
(2) additional federal, state, and local legislation or adminis-
trative actions as the Commission considers necessary to fur-
ther the purposes of this subtitle.
§ 14305. Liaison between Federal Government and Commis-
sion
(a) PRESIDENT.—The President shall provide effective and con-
tinuing liaison between the Federal Government and the Appa-
lachian Regional Commission and a coordinated review within the
Government of the plans and recommendations submitted by the
Commission pursuant to sections 14303 and 14304 of this title.
(b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In
carrying out subsection (a), the President shall establish the Inter-
agency Coordinating Council on Appalachia, to be composed of
the Federal Cochairman and representatives of federal agencies
that carry out economic development programs in the Appalachian
region. The Federal Cochairman is the Chairperson of the Council.
§ 14306. Administrative powers and expenses
(a) POWERS.—To carry out its duties under this subtitle, the
Appalachian Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations gov-
erning the conduct of its business and the performance of
its functions;
(2) appoint and fix the compensation of an executive director
and other personnel as necessary to enable the Commission
to carry out its functions, except that the compensation shall
not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, including any
applicable locality-based comparability payment that may be
authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency
to detail to temporary duty with the Commission personnel
within the administrative jurisdiction of the head of the depart-
ment or agency that the Commission may need for carrying
out its functions, each detail to be without loss of seniority,
pay, or other employee status;
(4) arrange for the services of personnel from any state or
local government, subdivision or agency of a state or local
government, or intergovernmental agency;
(5)(A) make arrangements, including contracts, with any
participating state government for inclusion in a suitable retire-
ment and employee benefit system of Commission personnel
who may not be eligible for, or continue in, another govern-
mental retirement or employee benefit system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services
or any property;
(7) enter into and perform contracts, leases (including the
lease of office space for any term), cooperative agreements,
or other transactions, necessary in carrying out its functions,
on terms as it may consider appropriate, with any—
(A) department, agency, or instrumentality of the Federal
Government;
(B) State or political subdivision, agency, or instrumen-
tality of a State; or
(C) person;
H. R. 2068—199
(8) maintain a temporary office in the District of Columbia
and establish a permanent office at a central and appropriate
location it may select and field offices at other places it may
consider appropriate; and
(9) take other actions and incur other expenses as may be
necessary or appropriate.
(b) AUTHORIZATIONS.—
(1) DETAIL EMPLOYEES.—The head of a federal department
or agency may detail personnel under subsection (a)(3).
(2) ENTER INTO AND PERFORM TRANSACTIONS.—A department,
agency, or instrumentality of the Government, to the extent
not otherwise prohibited by law, may enter into and perform
a contract, lease, cooperative agreement, or other transaction
under subsection (a)(7).
(c) RETIREMENT
AND OTHER EMPLOYEE BENEFIT PROGRAMS.—
The Director of the Office of Personnel Management may contract
with the Commission for continued coverage of Commission
employees, if the employees are federal employees when they begin
Commission employment, in the retirement program and other
employee benefit programs of the Government.
(d) EXPENSES.—Administrative expenses of the Commission shall
be paid equally by the Government and the States in the Appa-
lachian region, except that the expenses of the Federal Cochairman,
the alternate to the Federal Cochairman, and the staff of the
Federal Cochairman shall be paid only by the Government. The
Commission shall determine the amount to be paid by each State.
The Federal Cochairman shall not participate or vote in that deter-
mination. Assistance authorized by this subtitle shall not be fur-
nished to any State or to any political subdivision or any resident
of any State, and a state member of the Commission shall not
participate or vote in any decision by the Commission, while the
State is delinquent in payment of its share of administrative ex-
penses.
§ 14307. Meetings
(a) IN GENERAL.—The Appalachian Regional Commission shall
conduct at least one meeting each year with the Federal Cochairman
and at least a majority of the state members present.
(b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commis-
sion may conduct additional meetings by electronic means as the
Commission considers advisable, including meetings to decide mat-
ters requiring an affirmative vote.
§ 14308. Information
(a) ACTIONS OF COMMISSION.—To obtain information needed to
carry out its duties, the Appalachian Regional Commission shall—
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and print or otherwise reproduce
and distribute so much of its proceedings and reports on the
proceedings as the Commission may deem advisable;
(2) arrange for the head of any federal, state, or local depart-
ment or agency to furnish to the Commission information as
may be available to or procurable by the department or agency;
and
(3) keep accurate and complete records of its doings and
transactions which shall be made available for—
(A) public inspection; and
H. R. 2068—200
(B) audit and examination by the Comptroller General
or an authorized representative of the Comptroller General.
(b) AUTHORIZATIONS.—
(1) ADMINISTER OATHS.—A Cochairman of the Commission,
or any member of the Commission designated by the Commis-
sion, may administer oaths when the Commission decides that
testimony shall be taken or evidence received under oath.
(2) FURNISH INFORMATION.—The head of any federal, state,
or local department or agency, to the extent not otherwise
prohibited by law, may carry out section (a)(2).
(c) PUBLIC PARTICIPATION.—Public participation in the develop-
ment, revision, and implementation of all plans and programs under
this subtitle by the Commission, any State, or any local development
district shall be provided for, encouraged, and assisted. The
Commission shall develop and publish regulations specifying min-
imum guidelines for public participation, including public hearings.
§ 14309. Personal financial interests
(a) CONFLICT OF INTEREST.—
(1) NO ROLE ALLOWED.—Except as permitted by paragraph
(2), an individual who is a state member or alternate, or an
officer or employee of the Appalachian Regional Commission,
shall not participate personally and substantially as a member,
alternate, officer, or employee in any way in any particular
matter in which, to the individual’s knowledge, any of the
following has a financial interest:
(A) the individual.
(B) the individual’s spouse, minor child, or partner.
(C) an organization (except a State or political subdivision
of a State) in which the individual is serving as an officer,
director, trustee, partner, or employee.
(D) any person or organization with whom the
individual—
(i) is serving as an officer, director, trustee, partner,
or employee; or
(ii) is negotiating or has any arrangement concerning
prospective employment.
(2) EXCEPTION.—Paragraph (1) does not apply if the indi-
vidual first advises the Commission of the nature and cir-
cumstances of the particular matter and makes full disclosure
of the financial interest and receives in advance a written
decision of the Commission that the interest is not so substan-
tial as to be considered likely to affect the integrity of the
services which the Commission may expect from the individual.
(3) CRIMINAL
PENALTY.—An individual violating this sub-
section shall be fined under title 18, imprisoned for not more
than two years, or both.
(b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—
(1) STATE MEMBER OR ALTERNATE.—A state member or alter-
nate may not receive any salary, or any contribution to, or
supplementation of, salary, for services on the Commission
from a source other than the State of the member or alternate.
(2) INDIVIDUALS
DETAILED
TO
COMMISSION.—An individual
detailed to serve the Commission under section 14306(a)(4)
of this title may not receive any salary, or any contribution
H. R. 2068—201
to, or supplementation of, salary, for services on the Commis-
sion from a source other than the state, local, or intergovern-
mental department or agency from which the individual was
detailed or from the Commission.
(3) CRIMINAL
PENALTY.—An individual violating this sub-
section shall be fined under title 18, imprisoned for not more
than one year, or both.
(c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN,
AND FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochair-
man, the alternate to the Federal Cochairman, and any federal
officer or employee detailed to duty with the Commission under
section 14306(a)(3) of this title are not subject to this section but
remain subject to sections 202–209 of title 18.
(d) RESCISSION.—The Commission may declare void and rescind
any contract, loan, or grant of or by the Commission in relation
to which it finds that there has been a violation of subsection
(a)(1) or (b) of this section or any of the provisions of sections
202–209 of title 18.
§ 14310. Annual report
Not later than six months after the close of each fiscal year,
the Appalachian Regional Commission shall prepare and submit
to the Governor of each State in the Appalachian region and to
the President, for transmittal to Congress, a report on the activities
carried out under this subtitle during the fiscal year.
SUBCHAPTER II—FINANCIAL ASSISTANCE
§ 14321. Grants and other assistance
(a) AUTHORIZATION TO MAKE GRANTS.—
(1) IN GENERAL.—The Appalachian Regional Commission may
make grants—
(A) for administrative expenses, including the develop-
ment of areawide plans or action programs and technical
assistance activities, of local development districts, but—
(i) the amount of a grant shall not exceed 50 percent
of administrative expenses or, at the discretion of the
Commission, 75 percent of administrative expenses if
the grant is to a local development district that has
a charter or authority that includes the economic
development of a county or part of a county for which
a distressed county designation is in effect under sec-
tion 14526 of this title;
(ii) grants for administrative expenses shall not be
made for a state agency certified as a local development
district for a period of more than three years beginning
on the date the initial grant is made for the develop-
ment district; and
(iii) the local development district contributions for
administrative expenses may be in cash or in kind,
fairly evaluated, including space, equipment, and serv-
ices;
(B) for assistance to States for a period of not more
than two years to strengthen the state development plan-
ning process for the Appalachian region and the coordina-
tion of state planning under this subtitle, the Public Works
H. R. 2068—202
and Economic Development Act of 1965 (42 U.S.C. 3121
et seq.), and other federal and state programs; and
(C) for investigation, research, studies, evaluations, and
assessments of needs, potentials, or attainments of the
people of the region, technical assistance, training pro-
grams, demonstrations, and the construction of necessary
facilities incident to those activities, which will further
the purposes of this subtitle.
(2) LIMITATION ON AVAILABLE AMOUNTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), not more than 50 percent (or 80 percent in the case
of a project to be carried out in a county for which a
distressed county designation is in effect under section
14526 of this title) of the cost of any activity eligible for
financial assistance under this section may be provided
from amounts appropriated to carry out this subtitle.
(B) DISCRETIONARY GRANTS.—
(i) GRANTS
TO
WHICH
PERCENTAGE
LIMITATION
DOESN’T
APPLY.—Discretionary grants made by the
Commission to implement significant regional initia-
tives, to take advantage of special development
opportunities, or to respond to emergency economic
distress in the region may be made without regard
to the percentage limitations specified in subparagraph
(A).
(ii) LIMITATION ON AGGREGATE AMOUNT.—For each
fiscal year, the aggregate amount of discretionary
grants referred to in clause (i) shall not be more than
10 percent of the amount appropriated under section
14703 of this title for the fiscal year.
(3) SOURCES OF GRANTS.—Grant amounts may be provided
entirely from appropriations to carry out this section, in com-
bination with amounts available under other federal or federal
grant programs, or from any other source.
(4) FEDERAL SHARE.—Notwithstanding any law limiting the
federal share in any other federal or federal grant program,
amounts appropriated to carry out this section may be used
to increase that federal share, as the Commission decides is
appropriate.
(b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOP-
MENT.—
(1) IN GENERAL.—The Commission may provide assistance
under this section for demonstrations of enterprise develop-
ment, including site acquisition or development where nec-
essary for the feasibility of the project, in connection with
the development of the region’s energy resources and the
development and stimulation of indigenous arts and crafts of
the region.
(2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the
purposes of this subtitle and in implementing this section,
the Secretary of Energy, the Environmental Protection Agency,
and other federal agencies shall cooperate with the Commission
and shall provide assistance that the Federal Cochairman may
request.
(3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—
(A) $3,000,000 shall be obligated for energy resource
related demonstrations; and
H. R. 2068—203
(B) $2,500,000 shall be obligated for indigenous arts and
crafts demonstrations.
(c) RECORDS.—
(1) COMMISSION.—The Commission, as required by the Presi-
dent, shall maintain accurate and complete records of trans-
actions and activities financed with federal amounts and report
to the President on the transactions and activities. The records
of the Commission with respect to grants are available for
audit by the President and the Comptroller General.
(2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of fed-
eral assistance under this section, as required by the Commis-
sion, shall maintain accurate and complete records of trans-
actions and activities financed with federal amounts and report
to the Commission on the transactions and activities. The
records are be available for audit by the President, the Comp-
troller General, and the Commission.
§ 14322. Approval of development plans, strategy statements,
and projects
(a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian
Regional Commission annually shall review and approve, in accord-
ance with section 14302 of this title, state and regional development
plans and strategy statements, and any multistate subregional
plans which may be developed.
(b) APPLICATION PROCESS.—An application for a grant or for
other assistance for a specific project under this subtitle shall
be made through the state member of the Commission representing
the applicant. The state member shall evaluate the application
for approval. To be approved, the state member must certify, and
the Federal Cochairman must determine, that the application—
(1) implements the Commission-approved state development
plan;
(2) is included in the Commission-approved strategy state-
ment;
(3) adequately ensures that the project will be properly
administered, operated, and maintained; and
(4) otherwise meets the requirements for assistance under
this subtitle.
(c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the
appropriate state development plan and strategy statement are
approved, certification by a state member, when joined by an
affirmative vote of the Federal Cochairman, is deemed to satisfy
the requirements for affirmative votes for decisions under section
14302(a) of this title.
CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS
SUBCHAPTER I—PROGRAMS
Sec.
14501.
Appalachian development highway system.
14502.
Demonstration health projects.
14503.
Assistance for proposed low- and middle-income housing projects.
14504.
Telecommunications and technology initiative.
14505.
Entrepreneurship initiative.
14506.
Regional skills partnerships.
14507.
Supplements to federal grant programs.
SUBCHAPTER II—ADMINISTRATIVE
14521.
Required level of expenditure.
H. R. 2068—204
14522.
Consent of States.
14523.
Program implementation.
14524.
Program development criteria.
14525.
State development planning process.
14526.
Distressed and economically strong counties.
SUBCHAPTER I—PROGRAMS
§ 14501. Appalachian development highway system
(a) PURPOSE.—To provide a highway system which, in conjunction
with the Interstate System and other Federal-aid highways in the
Appalachian region, will open up an area with a developmental
potential where commerce and communication have been inhibited
by lack of adequate access, the Secretary of Transportation may
assist in the construction of an Appalachian development highway
system and local access roads serving the Appalachian region.
Construction on the development highway system shall not be more
than 3,025 miles. There shall not be more than 1,400 miles of
local access roads that serve specific recreational, residential, edu-
cational, commercial, industrial, or similar facilities or facilitate
a school consolidation program.
(b) COMMISSION DESIGNATIONS.—
(1) WHAT IS TO BE DESIGNATED.—The Appalachian Regional
Commission shall transmit to the Secretary its designations
of—
(A) the general corridor location and termini of the
development highways;
(B) local access roads to be constructed;
(C) priorities for the construction of segments of the
development highways; and
(D) other criteria for the program authorized by this
section.
(2) STATE
TRANSPORTATION
DEPARTMENT
RECOMMENDATION
REQUIRED.—Before a state member participates in or votes
on designations, the member must obtain the recommendations
of the state transportation department of the State which the
member represents.
(c) ADDITION
TO FEDERAL-AID PRIMARY SYSTEM.—When com-
pleted, each development highway not already on the Federal-
aid primary system shall be added to the system.
(d) USE OF SPECIFIC MATERIALS AND PRODUCTS.—
(1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construc-
tion of highways and roads authorized under this section, a
State may give special preference to the use of materials and
products indigenous to the Appalachian region.
(2) COAL
DERIVATIVES.—For research and development in
the use of coal and coal products in highway construction
and maintenance, the Secretary may require each participating
State, to the maximum extent possible, to use coal derivatives
in the construction of not more than 10 percent of the roads
authorized under this subtitle.
(e) FEDERAL SHARE.—Federal assistance to any construction
project under this section shall not be more than 80 percent of
the cost of the project.
(f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—
(1) PAYMENT OF FEDERAL SHARE.—When a participating State
constructs a segment of a development highway without the
aid of federal amounts and the construction is in accordance
H. R. 2068—205
with all procedures and requirements applicable to the
construction of segments of Appalachian development highways
with those amounts, except for procedures and requirements
that limit a State to the construction of projects for which
federal amounts have previously been appropriated, the Sec-
retary, on application by the State and with the approval of
the Commission, may pay to the State the federal share, which
shall not be more than 80 percent of the cost of the construction
of the segment, from any amounts appropriated and allocated
to the State to carry out this section.
(2) NO COMMITMENT OR OBLIGATION.—This subsection does
not commit or obligate the Federal Government to provide
amounts for segments of development highways constructed
under this subsection.
(g) APPLICATION OF TITLE 23.—
(1) SECTIONS
106(a) AND
118.—Sections 106(a) and 118 of
title 23 apply to the development highway system and the
local access roads.
(2) CONSTRUCTION AND MAINTENANCE.—States are required
to maintain each development highway and local access road
as provided for Federal-aid highways in title 23. All other
provisions of title 23 that are applicable to the construction
and maintenance of Federal-aid primary and secondary high-
ways and which the Secretary decides are not inconsistent
with this subtitle shall apply to the system and roads, respec-
tively.
§ 14502. Demonstration health projects
(a) PURPOSE.—To demonstrate the value of adequate health facili-
ties and services to the economic development of the Appalachian
region, the Secretary of Health and Human Services may make
grants for the planning, construction, equipment, and operation
of multi-county demonstration health, nutrition, and child care
projects, including hospitals, regional health diagnostic and treat-
ment centers, and other facilities and services necessary for the
purposes of this section.
(b) PLANNING GRANTS.—
(1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—
The Secretary may provide amounts to the Appalachian
Regional Commission for the support of its Health Advisory
Committee and may make grants for expenses of planning
necessary for the development and operation of demonstration
health projects for the region.
(2) LIMITATION ON AVAILABLE AMOUNTS.—The amount of a
grant under this section for planning shall not be more than
75 percent of expenses.
(3) SOURCES OF ASSISTANCE.—The federal contribution may
be provided entirely from amounts authorized under this section
or in combination with amounts provided under other federal
or federal grant programs.
(4) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
appropriated to carry out this section may be used to increase
the federal share to the maximum percentage cost of a grant
authorized by this subsection.
(c) CONSTRUCTION AND EQUIPMENT GRANTS.—
H. R. 2068—206
(1) ADDITIONAL
USES
FOR
CONSTRUCTION
GRANTS.—Grants
under this section for construction may also be used for—
(A) the acquisition of privately owned facilities—
(i) not operated for profit; or
(ii) previously operated for profit if the Commission
finds that health services would not otherwise be pro-
vided in the area served by the facility if the acquisition
is not made; and
(B) initial equipment.
(2) STANDARDS FOR MAKING GRANTS.—Grants under this sec-
tion for construction shall be made in accordance with section
14523 of this title and shall not be incompatible with the
applicable provisions of title VI of the Public Health Service
Act (42 U.S.C. 291 et seq.), the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001
et seq.), and other laws authorizing grants for the construction
of health-related facilities, without regard to any provisions
in those laws relating to appropriation authorization ceilings
or to allotments among the States.
(3) LIMITATION
ON
AVAILABLE
AMOUNTS.—A grant for the
construction or equipment of any component of a demonstration
health project shall not be more than 80 percent of the cost.
(4) SOURCES OF ASSISTANCE.—The federal contribution may
be provided entirely from amounts authorized under this section
or in combination with amounts provided under other federal
grant programs for the construction or equipment of health-
related facilities.
(5) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
authorized under this section may be used to increase federal
grants for component facilities of a demonstration health project
to a maximum of 80 percent of the cost of the facilities.
(d) OPERATION GRANTS.—
(1) STANDARDS FOR MAKING GRANTS.—A grant for the oper-
ation of a demonstration health project shall not be made—
(A) unless the facility is publicly owned, or owned by
a public or private nonprofit organization, and is not oper-
ated for profit;
(B) after five years following the commencement of the
initial grant for operation of the project, except that child
development demonstrations assisted under this section
during fiscal year 1979 may be approved under section
14322 of this title for continued support beyond that period,
on request of the State, if the Commission finds that no
federal, state, or local amounts are available to continue
the project; and
(C) unless the Secretary of Health and Human Services
is satisfied that the operation of the project will be con-
ducted under efficient management practices designed to
obviate operating deficits.
(2) LIMITATION ON AVAILABLE AMOUNTS.—Grants under this
section for the operation (including initial operating amounts
and operating deficits, which include the cost of attracting,
training, and retaining qualified personnel) of a demonstration
health project, whether or not constructed with amounts author-
ized by this section, may be made for up to 50 percent of
the cost of that operation (or 80 percent of the cost of that
H. R. 2068—207
operation for a project to be carried out in a county for which
a distressed county designation is in effect under section 14526
of this title).
(3) SOURCES OF ASSISTANCE.—The federal contribution may
be provided entirely from amounts appropriated to carry out
this section or in combination with amounts provided under
other federal grant programs for the operation of health related
facilities and the provision of health and child development
services, including parts A and B of title IV and title XX
of the Social Security Act (42 U.S.C. 601 et seq., 620 et seq.,
1397 et seq.).
(4) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
appropriated to carry out this section may be used to increase
federal grants for operating components of a demonstration
health project to the maximum percentage cost of a grant
authorized by this subsection.
(5) STATE
DEEMED
TO
MEET
REQUIREMENT
OF
PROVIDING
ASSISTANCE
OR
SERVICES
ON
STATEWIDE
BASIS.—Notwith-
standing any provision of the Social Security Act (42 U.S.C.
301 et seq.) requiring assistance or services on a statewide
basis, a State providing assistance or services under a federal
grant program described in paragraph (2) in any area of the
region approved by the Commission is deemed to be meeting
that requirement.
(e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOT-
MENTS.—Grants under this section—
(1) shall be made only out of amounts specifically appro-
priated for the purpose of carrying out this subtitle; and
(2) shall not be taken into account in computing allotments
among the States under any other law.
(f) MAXIMUM COMMISSION CONTRIBUTION.—
(1) IN GENERAL.—Subject to paragraph (2), the Commission
may contribute not more than 50 percent of any project cost
eligible for financial assistance under this section from amounts
appropriated to carry out this subtitle.
(2) DISTRESSED COUNTIES.—The maximum Commission con-
tribution for a project to be carried out in a county for which
a distressed county designation is in effect under section 14526
of this title may be increased to the lesser of—
(A) 80 percent; or
(B) the maximum federal contribution percentage author-
ized by this section.
(g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—
To provide for the further development of the Appalachian region’s
human resources, grants under this section shall give special
emphasis to programs and research for the early detection, diag-
nosis, and treatment of occupational diseases arising from coal
mining, such as black lung.
§ 14503. Assistance for proposed low- and middle-income
housing projects
(a) APPALACHIAN HOUSING FUND.—
(1) ESTABLISHMENT.—There is an Appalachian Housing Fund.
(2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allo-
cated to the Secretary of Housing and Urban Development
for the purposes of this section shall be deposited in the Fund.
H. R. 2068—208
The Secretary shall use the Fund as a revolving fund to carry
out those purposes. Amounts in the Fund not needed for current
operation may be invested in bonds or other obligations the
Federal Government guarantees as to principal and interest.
General expenses of administration of this section may be
charged to the Fund.
(b) PURPOSE.—To encourage and facilitate the construction or
rehabilitation of housing to meet the needs of low- and moderate-
income families and individuals, the Secretary may make grants
and loans from the Fund, under terms and conditions the Secretary
may prescribe. The grants and loans may be made to nonprofit,
limited dividend, or cooperative organizations and public bodies
and are for planning and obtaining federally insured mortgage
financing or other financial assistance for housing construction
or rehabilitation projects for low- and moderate-income families
and individuals, in any area of the Appalachian region the Appa-
lachian Regional Commission establishes, under—
(1) section 221 of the National Housing Act (12 U.S.C. 1715l);
(2) section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485);
or
(4) any other law of similar purpose administered by the
Secretary or any other department, agency, or instrumentality
of the Federal Government or a state government.
(c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—
The Secretary or the Commission may provide amounts to the
States for making grants and loans to nonprofit, limited dividend,
or cooperative organizations and public bodies for the purposes
for which the Secretary may provide amounts under this section.
(d) LOANS.—
(1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under sub-
section (b) shall not be more than 50 percent (or 80 percent
for a project to be carried out in a county for which a distressed
county designation is in effect under section 14526 of this
title) of the cost of planning and obtaining financing for a
project, including preliminary surveys and analyses of market
needs, preliminary site engineering and architectural fees, site
options, application and mortgage commitment fees, legal fees,
and construction loan fees and discounts.
(2) INTEREST.—A loan shall be made without interest, except
that a loan made to an organization established for profit
shall bear interest at the prevailing market rate authorized
for an insured or guaranteed loan for that type of project.
(3) PAYMENT.—The Secretary shall require payment of a loan
made under this section, under terms and conditions the Sec-
retary may require, no later than on completion of the project.
Except for a loan to an organization established for profit,
the Secretary may cancel any part of a loan made under this
section on determining that a permanent loan to finance the
project cannot be obtained in an amount adequate for repay-
ment of a loan made under this section.
(e) GRANTS.—
(1) IN GENERAL.—A grant under this section shall not be
made to an organization established for profit and, except as
provided in paragraph (2), shall not exceed 50 percent (or
80 percent for a project to be carried out in a county for
H. R. 2068—209
which a distressed county designation is in effect under section
14526 of this title) of expenses, incident to planning and
obtaining financing for a project, which the Secretary considers
not to be recoverable from the proceeds of a permanent loan
made to finance the project.
(2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—
The Secretary may make grants and commitments for grants,
and may advance amounts under terms and conditions the
Secretary may require, to nonprofit, limited dividend, or
cooperative organizations and public bodies for reasonable site
development costs and necessary offsite improvements, such
as sewer and water line extensions, when the grant, commit-
ment, or advance is essential to the economic feasibility of
a housing construction or rehabilitation project for low- and
moderate-income families and individuals which otherwise
meets the requirements for assistance under this section. A
grant under this paragraph for—
(A) the construction of housing shall not be more than
10 percent of the cost of the project; and
(B) the rehabilitation of housing shall not be more than
10 percent of the reasonable value of the rehabilitation
housing, as determined by the Secretary.
(f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Sec-
retary or the Commission may provide, or contract with public
or private organizations to provide, information, advice, and tech-
nical assistance with respect to the construction, rehabilitation,
and operation by nonprofit organizations of housing for low- or
moderate- income families in areas of the region the Commission
establishes.
(g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects
assisted under this section are subject to the provisions cited in
section 14701 of this title to the extent provided in the laws author-
izing assistance for low- and moderate-income housing.
§ 14504. Telecommunications and technology initiative
(a) PROJECTS
TO
BE
ASSISTED.—The Appalachian Regional
Commission may provide technical assistance, make grants, enter
into contracts, or otherwise provide amounts to persons or entities
in the region for projects—
(1) to increase affordable access to advanced telecommuni-
cations, entrepreneurship, and management technologies or
applications in the region;
(2) to provide education and training in the use of tele-
communications and technology;
(3) to develop programs to increase the readiness of industry
groups and businesses in the region to engage in electronic
commerce; or
(4) to support entrepreneurial opportunities for businesses
in the information technology sector.
(b) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 per-
cent (or 80 percent in the case of a project to be carried out
in a county for which a distressed county designation is in effect
under section 14526 of this title) of the cost of any activity eligible
for a grant under this section may be provided from amounts
appropriated to carry out this section.
(c) SOURCES OF ASSISTANCE.—Assistance under this section may
be provided entirely from amounts made available to carry out
H. R. 2068—210
this section, in combination with amounts made available under
other federal programs, or from any other source.
(d) FEDERAL SHARE.—Notwithstanding any provision of law lim-
iting the federal share under any other federal program, amounts
made available to carry out this section may be used to increase
that federal share, as the Commission decides is appropriate.
§ 14505. Entrepreneurship initiative
(a) BUSINESS INCUBATOR SERVICE.—In this section, the term
‘‘business incubator service’’ means a professional or technical
service necessary for the initiation and initial sustainment of the
operations of a newly established business, including a service
such as—
(1) a legal service, including aid in preparing a corporate
charter, partnership agreement, or basic contract;
(2) a service in support of the protection of intellectual prop-
erty through a patent, a trademark, or any other means;
(3) a service in support of the acquisition and use of advanced
technology, including the use of Internet services and Web-
based services; and
(4) consultation on strategic planning, marketing, or adver-
tising.
(b) PROJECTS
TO
BE
ASSISTED.—The Appalachian Regional
Commission may provide technical assistance, make grants, enter
into contracts, or otherwise provide amounts to persons or entities
in the region for projects—
(1) to support the advancement of, and provide, entrepre-
neurial training and education for youths, students, and
businesspersons;
(2) to improve access to debt and equity capital by such
means as facilitating the establishment of development venture
capital funds;
(3) to aid communities in identifying, developing, and imple-
menting development strategies for various sectors of the
economy;
(4) to develop a working network of business incubators;
and
(5) to support entities that provide business incubator serv-
ices.
(c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 per-
cent (or 80 percent in the case of a project to be carried out
in a county for which a distressed county designation is in effect
under section 14526 of this title) of the cost of any activity eligible
for a grant under this section may be provided from amounts
appropriated to carry out this section.
(d) SOURCES OF ASSISTANCE.—Assistance under this section may
be provided entirely from amounts made available to carry out
this section, in combination with amounts made available under
other federal programs, or from any other source.
(e) FEDERAL SHARE.—Notwithstanding any provision of law lim-
iting the federal share under any other federal program, amounts
made available to carry out this section may be used to increase
that federal share, as the Commission decides is appropriate.
§ 14506. Regional skills partnerships
(a) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’
means a consortium that—
H. R. 2068—211
(1) is established to serve one or more industries in a specified
geographic area; and
(2) consists of representatives of—
(A) businesses (or a nonprofit organization that rep-
resents businesses);
(B) labor organizations;
(C) State and local governments; or
(D) educational institutions.
(b) PROJECTS
TO
BE
ASSISTED.—The Appalachian Regional
Commission may provide technical assistance, make grants, enter
into contracts, or otherwise provide amounts to eligible entities
in the region for projects to improve the job skills of workers
for a specified industry, including projects for—
(1) the assessment of training and job skill needs for the
industry;
(2) the development of curricula and training methods,
including, in appropriate cases, electronic learning or tech-
nology-based training;
(3) the identification of training providers;
(4) the development of partnerships between the industry
and educational institutions, including community colleges;
(5) the development of apprenticeship programs;
(6) the development of training programs for workers,
including dislocated workers; and
(7) the development of training plans for businesses.
(c) ADMINISTRATIVE COSTS.—An eligible entity may use not more
than 10 percent of amounts made available to the eligible entity
under subsection (b) to pay administrative costs associated with
the projects described in subsection (b).
(d) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 per-
cent (or 80 percent in the case of a project to be carried out
in a county for which a distressed county designation is in effect
under section 14526 of this title) of the cost of any activity eligible
for a grant under this section may be provided from amounts
appropriated to carry out this section.
(e) SOURCES OF ASSISTANCE.—Assistance under this section may
be provided entirely from amounts made available to carry out
this section, in combination with amounts made available under
other federal programs, or from any other source.
(f) FEDERAL SHARE.—Notwithstanding any provision of law lim-
iting the federal share under any other federal program, amounts
made available to carry out this section may be used to increase
that Federal share, as the Commission decides is appropriate.
§ 14507. Supplements to federal grant programs
(a) DEFINITION.—
(1) FEDERAL
GRANT
PROGRAMS.—In this section, the term
‘‘federal grant programs’’—
(A) means any federal grant program that provides
assistance for the acquisition or development of land, the
construction or equipment of facilities, or other community
or economic development or economic adjustment activities,
including a federal grant program authorized by—
(i) the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.);
(ii) the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–4 et seq.);
H. R. 2068—212
(iii) the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.);
(iv) the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.);
(v) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (known as the Clean Water Act);
(vi) title VI of the Public Health Services Act (42
U.S.C. 291 et seq.);
(vii) sections 201 and 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3141,
3149);
(viii) title I of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5301 et seq.); and
(ix) part IV of title III of the Communications Act
of 1934 (47 U.S.C. 390 et seq.); but
(B) does not include—
(i) the program for the construction of the develop-
ment highway system authorized by section 14501 of
this title or any other program relating to highway
or road construction authorized by title 23; or
(ii) any other program to the extent that financial
assistance other than a grant is authorized.
(2) CERTAIN
SEWAGE
TREATMENT
WORKS
DEEMED
CON-
STRUCTED WITH FEDERAL GRANT ASSISTANCE.—For the purpose
of this section, any sewage treatment works constructed pursu-
ant to title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (known as the Clean Water Act) without
federal grant assistance under that title is deemed to be con-
structed with that assistance.
(b) PURPOSE.—To enable the people, States, and local communities
of the Appalachian region, including local development districts,
to take maximum advantage of federal grant programs for which
they are eligible but for which, because of their economic situation,
they cannot supply the required matching share, or for which there
are insufficient amounts available under the federal law authorizing
the programs to meet pressing needs of the region, the Federal
Cochairman may use amounts made available to carry out this
section—
(1) for any part of the basic federal contribution to projects
or activities under the federal grant programs authorized by
federal laws; and
(2) to increase the federal contribution to projects and activi-
ties under the programs above the fixed maximum part of
the cost of the projects or activities otherwise authorized by
the applicable law.
(c) CERTIFICATION REQUIRED.—For a program, project, or activity
for which any part of the basic federal contribution to the project
or activity under a federal grant program is proposed to be made
under subsection (b), the contribution shall not be made until the
responsible federal official administering the federal law authorizing
the contribution certifies that the program, project, or activity meets
the applicable requirements of the federal law and could be
approved for federal contribution under that law if amounts were
available under the law for the program, project, or activity.
(d) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts pro-
vided pursuant to this subtitle are available without regard to
H. R. 2068—213
any limitations on areas eligible for assistance or authorizations
for appropriation in any other law.
(e) ACCEPTANCE
OF CERTAIN MATERIAL.—For a supplemental
grant for a project or activity under a federal grant program,
the Federal Cochairman shall accept any finding, report, certifi-
cation, or documentation required to be submitted to the head
of the department, agency, or instrumentality of the Federal
Government responsible for the administration of the program.
(f) FEDERAL SHARE.—The federal portion of the cost of a project
or activity shall not—
(1) be increased to more than the percentages the Commission
establishes; nor
(2) be more than 80 percent of the cost.
(g) MAXIMUM COMMISSION CONTRIBUTION.—
(1) IN GENERAL.—Subject to paragraph (2), the Commission
may contribute not more than 50 percent of a project or activity
cost eligible for financial assistance under this section from
amounts appropriated to carry out this subtitle.
(2) DISTRESSED COUNTIES.—The maximum Commission con-
tribution for a project or activity to be carried out in a county
for which a distressed county designation is in effect under
section 14526 of this title may be increased to 80 percent.
SUBCHAPTER II—ADMINISTRATIVE
§ 14521. Required level of expenditure
A State or political subdivision of a State is not eligible to receive
benefits under this subtitle unless the aggregate expenditure of
state amounts, except expenditures for participation in the Dwight
D. Eisenhower System of Interstate and Defense Highways and
local and federal amounts, for the benefit of the area within the
State located in the Appalachian region is maintained at a level
which does not fall below the average level of those expenditures
for the State’s last two full fiscal years prior to March 9, 1965.
In computing the level, a State’s past expenditure for participation
in the Dwight D. Eisenhower System of Interstate and Defense
Highways and expenditures of local and federal amounts shall
not be included. The Commission shall recommend to the President
a lesser requirement when it finds that a substantial population
decrease in that part of a State which lies within the region would
not justify a state expenditure equal to the average level of the
last two years or when it finds that a State’s average level of
expenditure in an individual program has been disproportionate
to the present need for that part of the State.
§ 14522. Consent of States
This subtitle does not require a State to engage in or accept
a program under this subtitle without its consent.
§ 14523. Program implementation
(a) REQUIREMENTS.—A program or project authorized under this
chapter shall not be implemented until—
(1) the responsible federal official has decided that applica-
tions and plans relating to the program or project are not
incompatible with the provisions and objectives of federal laws
that the official administers that are not inconsistent with
this subtitle; and
H. R. 2068—214
(2) the Appalachian Regional Commission has approved the
program or project and has determined that it—
(A) meets the applicable criteria under section 14524
of this title and the requirements of the development plan-
ning process under section 14525 of this title; and
(B) will contribute to the development of the Appalachian
region.
(b) DECISION IS CONTROLLING.—A decision under subsection (a)(2)
is controlling and shall be accepted by the federal agencies.
§ 14524. Program development criteria
(a) FACTORS TO BE CONSIDERED.—In considering programs and
projects to be given assistance under this subtitle, and in estab-
lishing a priority ranking of the requests for assistance presented
to the Appalachian Regional Commission, the Commission shall
follow procedures that will ensure consideration of—
(1) the relationship of the project or class of projects to
overall regional development, including its location in a severely
and persistently distressed county or area;
(2) the population and area to be served by the project or
class of projects, including the per capita market income and
the unemployment rates in the area;
(3) the relative financial resources available to the State
or political subdivisions or instrumentalities of the State that
seek to undertake the project;
(4) the importance of the project or class of projects in relation
to other projects or classes of projects that may be in competi-
tion for the same amounts;
(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic and social development of the area
served by the project; and
(6) the extent to which the project design provides for detailed
outcome measurements by which grant expenditures may be
evaluated.
(b) LIMITATION
ON USE.—Financial assistance made available
under this subtitle shall not be used to assist establishments relo-
cating from one area to another.
(c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO-
VIDED.—Amounts may be provided for programs and projects in
a State under this subtitle only if the Commission determines
that the level of federal and state financial assistance under other
laws for the same type of programs or projects in that part of
the State within the Appalachian region will not be diminished
in order to substitute amounts authorized by this subtitle.
(d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES
AND AREAS.—For each fiscal year, not less than 50 percent of
the amount of grant expenditures the Commission approves shall
support activities or projects that benefit severely and persistently
distressed counties and areas.
§ 14525. State development planning process
(a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appa-
lachian Regional Commission establishes, each state member shall
submit a development plan for the area of the State within the
Appalachian region. The plan shall—
H. R. 2068—215
(1) be submitted according to a schedule the Commission
prescribes;
(2) reflect the goals, objectives, and priorities identified in
the regional development plan and in any subregional develop-
ment plan that may be approved for the subregion of which
the State is a part;
(3) describe the state organization and continuous process
for Appalachian development planning, including—
(A) the procedures established by the State for the
participation of local development districts in the process;
(B) how the process is related to overall statewide plan-
ning and budgeting processes; and
(C) the method of coordinating planning and projects
in the region under this subtitle, the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.), and other federal, state, and local programs;
(4) set forth the goals, objectives, and priorities of the State
for the region, as established by the Governor, and identify
the needs on which the goals, objectives, and priorities are
based; and
(5) describe the development strategies for achieving the
goals, objectives, and priorities, including funding sources, and
recommendations for specific projects to receive assistance
under this subtitle.
(b) AREAWIDE ACTION PROGRAMS.—The Commission shall encour-
age the preparation and execution of areawide action programs
that specify interrelated projects and schedules of actions, the nec-
essary agency funding, and other commitments to implement the
programs. The programs shall make appropriate use of existing
plans affecting the area.
(c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts
certified by the State as described in section 14102(a)(2) of this
title provide the linkage between state and substate planning and
development. The districts shall assist the States in the coordination
of areawide programs and projects and may prepare and adopt
areawide plans or action programs. In carrying out the development
planning process, including the selection of programs and projects
for assistance, States shall consult with local development districts,
local units of government, and citizen groups and shall consider
the goals, objectives, priorities, and recommendations of those
bodies.
(d) FEDERAL RESPONSIBILITIES.—To the maximum extent prac-
ticable, federal departments, agencies, and instrumentalities under-
taking or providing financial assistance for programs or projects
in the region shall—
(1) take into account the policies, goals, and objectives the
Commission and its member States establish pursuant to this
subtitle;
(2) recognize Appalachian state development strategies
approved by the Commission as satisfying requirements for
overall economic development planning under the programs
or projects; and
(3) accept the boundaries and organization of any local
development district certified under this subtitle that the Gov-
ernor may designate as the areawide agency required under
any of those programs undertaken or assisted by those federal
departments, agencies, and instrumentalities.
H. R. 2068—216
§ 14526. Distressed and economically strong counties
(a) DESIGNATIONS.—
(1) IN GENERAL.—The Appalachian Regional Commission, in
accordance with criteria the Commission may establish, each
year shall—
(A) designate as ‘‘distressed counties’’ those counties in
the Appalachian region that are the most severely and
persistently distressed; and
(B) designate two categories of economically strong coun-
ties, consisting of—
(i) ‘‘competitive counties’’, which shall be those coun-
ties in the region that are approaching economic parity
with the rest of the United States; and
(ii) ‘‘attainment counties’’, which shall be those coun-
ties in the region that have attained or exceeded eco-
nomic parity with the rest of the United States.
(2) ANNUAL
REVIEW
OF
DESIGNATIONS.—The Commission
shall—
(A) conduct an annual review of each designation of
a county under paragraph (1) to determine if the county
still meets the criteria for the designation; and
(B) renew the designation for another one-year period
only if the county still meets the criteria.
(b) DISTRESSED COUNTIES.—In program and project development
and implementation and in the allocation of appropriations made
available to carry out this subtitle, the Commission shall give
special consideration to the needs of counties for which a distressed
county designation is in effect under this section.
(c) ECONOMICALLY STRONG COUNTIES.—
(1) COMPETITIVE
COUNTIES.—Except as provided in para-
graphs (3) and (4), assistance under this subtitle for a project
that is carried out in a county for which a competitive county
designation is in effect under this section shall not be more
than 30 percent of the project cost.
(2) ATTAINMENT
COUNTIES.—Except as provided in para-
graphs (3) and (4), amounts may not be provided under this
subtitle for a project that is carried out in a county for which
an attainment county designation is in effect under this section.
(3) EXCEPTIONS.—Paragraphs (1) and (2) do not apply to—
(A) a project on the Appalachian development highway
system authorized by section 14501 of this title;
(B) a local development district administrative project
assisted under section 14321(a)(1)(A) of this title; or
(C) a multicounty project that is carried out in at least
two counties designated under this section if—
(i) at least one of the participating counties is des-
ignated as a distressed county under this section; and
(ii) the project will be of substantial direct benefit
to at least one distressed county.
(4) WAIVER.—
(A) IN
GENERAL.—The Commission may waive the
requirements of paragraphs (1) and (2) for a project when
the recipient of assistance for the project shows the exist-
ence of any of the following:
(i) a significant pocket of distress in the part of
the county in which the project is carried out.