Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 40 U.S.C. § 101 - Purpose
## Text
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1063.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10140:471.June 30, 1949, ch. 288, § 2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, § 1, 68 Stat. 1126.
Statutory Notes and Related Subsidiaries
Short Title of 2024 AmendmentPub. L. 118182, § 1, Dec. 23, 2024, 138 Stat. 2623, provided that: “This Act [amending sections 321 and 323 of this title] may be cited as the GSA Technology Accountability Act.” Pub. L. 11899, § 1, Oct. 1, 2024, 138 Stat. 1578, provided that: “This Act [enacting section 530 of this title, amending sections 529 and 530 of this title, and enacting provisions set out as a note under section 529 of this title] may be cited as the Reuse Excess Property Act.”
Short Title of 2022 AmendmentPub. L. 117328, div. Z, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that: “This division [enacting section 549a of this title and provisions set out as a note under section 549a of this title] may be cited as the Computers for Veterans and Students Act of 2022 or the COVS Act.” Pub. L. 117202, § 1, Oct. 17, 2022, 136 Stat. 2224, provided that: “This Act [amending section 3313 of this title and enacting provisions set out as a note under section 3313 of this title] may be cited as the Bulb Replacement Improving Government with High-efficiency Technology Act or the BRIGHT Act.” Pub. L. 117148, § 1, June 16, 2022, 136 Stat. 1288, provided that: “This Act [amending section 6121 of this title] may be cited as the Supreme Court Police Parity Act of 2022.”
Short Title of 2021 AmendmentPub. L. 116333, § 1, Jan. 13, 2021, 134 Stat. 5113, provided that: “This Act [enacting section 3318 of this title] may be cited as the Transparency in Federal Buildings Projects Act of 2019.”
Short Title of 2020 AmendmentPub. L. 116194, § 1, Dec. 3, 2020, 134 Stat. 981, provided that: “This Act [enacting provisions set out as a note under section 11301 of this title] may be cited as the Information Technology Modernization Centers of Excellence Program Act.”
Short Title of 2019 AmendmentPub. L. 11675, § 1, Nov. 27, 2019, 133 Stat. 1160, provided that: “This Act [amending section 6121 of this title] may be cited as the Reauthorizing Security for Supreme Court Justices Act of 2019.” Pub. L. 11630, § 1, July 25, 2019, 133 Stat. 1032, provided that: “This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title] may be cited as the Fairness For Breastfeeding Mothers Act of 2019.” Pub. L. 115419, § 1, Jan. 3, 2019, 132 Stat. 5442, provided that: “This Act [amending sections 506 and 524 of this title] may be cited as the Federal Personal Property Management Act of 2018.”
Short Title of 2018 AmendmentPub. L. 115271, title VIII, § 8061, Oct. 24, 2018, 132 Stat. 4094, provided that: “This subtitle [subtitle E (§§ 8061, 8062) of title VIII of Pub. L. 115271, enacting section 14510 of this title] may be cited as the Treating Barriers to Prosperity Act of 2018.”
Short Title of 2017 AmendmentPub. L. 11588, § 1, Nov. 21, 2017, 131 Stat. 1278, provided that: “This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44, Public Printing and Documents] may be cited as the FITARA Enhancement Act of 2017.”
Short Title of 2016 AmendmentPub. L. 114318, § 1, Dec. 16, 2016, 130 Stat. 1608, provided that: “This Act [enacting subchapter VII of chapter 5 of this title and chapter 29 of Title 39, Postal Service, amending sections 102, 524, and 571 of this title, enacting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title] may be cited as the Federal Property Management Reform Act of 2016.” Pub. L. 114235, § 1, Oct. 7, 2016, 130 Stat. 964, provided that: “This Act [enacting section 3314 of this title, renumbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, respectively, and enacting provisions set out as a note under section 3314 of this title] may be cited as the Bathrooms Accessible in Every Situation Act or BABIES Act.”
Short Title of 2014 AmendmentPub. L. 113291, div. A, title VIII, subtitle D (§§ 831837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the “Federal Information Technology Acquisition Reform Act” or “FITARA”.
Short Title of 2013 AmendmentPub. L. 11350, § 1, Nov. 21, 2013, 127 Stat. 578, provided that: “This Act [amending sections 3144 and 3703 of this title] may be cited as the Streamlining Claims Processing for Federal Contractor Employees Act.” Pub. L. 11326, § 1, Aug. 9, 2013, 127 Stat. 502, provided that: “This Act [amending section 549 of this title] may be cited as the Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013 or the FOR VETS Act of 2013.”
Short Title of 2010 AmendmentPub. L. 111338, § 1, Dec. 22, 2010, 124 Stat. 3590, provided that: “This Act [amending section 549 of this title] may be cited as the Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010or FOR VETS Act of 2010.” Pub. L. 111263, § 1, Oct. 8, 2010, 124 Stat. 2787, provided that: “This Act [amending section 502 of this title] may be cited as the Federal Supply Schedules Usage Act of 2010.”
Short Title of 2008 AmendmentPub. L. 110371, § 1, Oct. 8, 2008, 122 Stat. 4037, provided that: “This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the Appalachian Regional Development Act Amendments of 2008.” Pub. L. 110248, § 1, June 26, 2008, 122 Stat. 2316, provided that: “This Act [amending section 502 of this title] may be cited as the Local Preparedness Acquisition Act.”
Short Title of 2006 AmendmentPub. L. 109396, § 1, Dec. 15, 2006, 120 Stat. 2711, provided that: “This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the Federal and District of Columbia Government Real Property Act of 2006.” Pub. L. 109313, § 1, Oct. 6, 2006, 120 Stat. 1734, provided that: “This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the General Services Administration Modernization Act.”
Short Title of 2003 AmendmentPub. L. 108126, title II, § 201, Nov. 17, 2003, 117 Stat. 1349, provided that: “This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the Commemorative Works Clarification and Revision Act of 2003.”
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# 40 U.S.C. § 102 - Definitions
## Text
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) Care and handling.— The term “care and handling” includes—
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) Contractor inventory.— The term “contractor inventory” means—
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) Excess property.— The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agencys needs or responsibilities.
(4) Executive agency.— The term “executive agency” means—
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) Federal agency.— The term “federal agency” means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol).
(6) Foreign excess property.— The term “foreign excess property” means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands.
(7) Motor vehicle.— The term “motor vehicle” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding—
(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and
(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties.
(8) Nonpersonal services.— The term “nonpersonal services” means contractual services designated by the Administrator of General Services, other than personal and professional services.
(9) Property.— The term “property” means any interest in property except—
(A) (i) the public domain;
(ii) land reserved or dedicated for national forest or national park purposes;
(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and
(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and
(C) records of the Government.
(10) Surplus property.— The term “surplus property” means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1063; Pub. L. 111350, § 5(l)(2), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 114318, § 3(b)(2), Dec. 16, 2016, 130 Stat. 1613.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10240:472.June 30, 1949, ch. 288, § 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§ 7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, § 1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, § 4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, § 2, 69 Stat. 722; Pub. L. 85337, § 5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 8670, § 30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86624, § 27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93594, Jan. 2, 1975, 88 Stat. 1926. In this section, the words “and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are added to provide an accurate literal translation of the words “this Act”, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of “Administrator” is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of “person” in 1:1. In clause (6), the words “the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau” are substituted for “the Trust Territory of the Pacific Islands” because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
Editorial Notes
Amendments2016—Pub. L. 114318 substituted “Except as provided in subchapter VII of chapter 5 of this title, the” for “The” in introductory provisions. 2011—Pub. L. 111350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in introductory provisions.
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# 40 U.S.C. § 111 - Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
## Text
In the following provisions, the words “this subtitle” are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) Section 101 of this title.
(2) Section 112(a) of this title.
(3) Section 113 of this title.
(4) Section 121(a) of this title.
(5) Section 121(c)(1) of this title.
(6) Section 121(c)(2) of this title.
(7) Section 121(d)(1) and (2) of this title.
(8) Section 121(e)(1) of this title.
(9) Section 121(f) of this title.
(10) Section 121(g) of this title.
(11) Section 122(a) of this title.
(12) Section 123(a) of this title.
(13) Section 123(c) of this title.
(14) Section 124 of this title.
(15) Section 126 of this title.
(16) Section 311(c) of this title.
(17) Section 313(a) of this title.
(18) Section 528 of this title.
(19) Section 541 of this title.
(20) Section 549(e)(3)(H)(i)(II) of this title.
(21) Section 557 of this title.
(22) Section 558(a) of this title.
(23) Section 559(f) of this title.
(24) Section 571(b) of this title.
(25) Section 572(a)(2)(A) of this title.
(26) Section 572(b)(4) of this title.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1065; Pub. L. 111350, § 5(l)(3), Jan. 4, 2011, 124 Stat. 3850.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 111(no source).  This section is added to provide an accurate literal translation of the words “this Act”, meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as 41 U.S.C. 251 et seq. Where the words “this Act” are restated, substituting the words “this subtitle” does not yield an accurate literal translation because “this subtitle” does not include title III of the Act. This section does not subject any provision of law to title III of the Act if that provision was not subject to title III prior to the positive law codification of title 40.
Editorial Notes
Amendments2011—Pub. L. 111350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “Federal Property and Administrative Services Act of 1949” in section catchline and for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in introductory provisions.
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# 40 U.S.C. § 112 - Applicability of certain policies, procedures, and directives in effect on July 1, 1949
## Text
(a) In General.— A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority.
(b) Description.— A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by—
(1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949; 11 See References in Text note below.
(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I 1 of the Federal Property and Administrative Services Act of 1949.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1065.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 11240:473.June 30, 1949, ch. 288, title VI, § 601, formerly title V, § 501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.
Editorial Notes
References in TextThe Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in this chapter, chapters 3 to 11 of this title, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts, by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted this title, and Pub. L. 111350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. Provisions of former title I of act June 30, 1949, now appear in chapter 3 of this title relating to organization of General Services Administration. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 40, Public Buildings, Property, and Works, and former Title 41, Public Contracts, see Disposition Tables preceding section 101 of this title and section 101 of Title 41, respectively. The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50, by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 12781280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, § 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87256, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§ 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by provisions of the 1949 act which were classified to chapter 10 (§ 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title.
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# 40 U.S.C. § 122 - Prohibition on sex discrimination
## Text
(a) Prohibition.— With respect to a program or activity carried on or receiving federal assistance under this subtitle, an individual may not be excluded from participation, denied benefits, or otherwise discriminated against based on sex.
(b) Enforcement.— Subsection (a) shall be enforced through agency provisions and rules similar to those already established with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does not prejudice or remove any other legal remedies available to an individual alleging discrimination.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1070.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 12240:476.June 30, 1949, ch. 288, title VI, § 606, as added Pub. L. 94519, § 8, Oct. 17, 1976, 90 Stat. 2456.
Editorial Notes
References in TextThe Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
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# 40 U.S.C. § 123 - Civil remedies for fraud
## Text
(a) In General.— In connection with the procurement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, combination, or conspiracy to use or cause to be used, a fraudulent trick, scheme, or device for the purpose of obtaining or aiding to obtain, for any person, money, property, or other benefit from the Federal Government—
(1) shall pay to the Government an amount equal to the sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the Government because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or
(3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.
(b) Additional Remedies and Criminal Penalties.— The civil remedies provided in this section are in addition to all other civil remedies and criminal penalties provided by law.
(c) Immunity of Government Officials.— An officer or employee of the Government is not liable (except for an individuals own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle.
(d) Jurisdiction and Venue.— (1) Definition.— In this subsection, the term “district court” means a district court of the United States or a district court of a territory or possession of the United States.
(2) In general.— A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the courts judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed.
(3) Additional defendant outside judicial district.— A defendant that does not reside and may not be found in the courts judicial district may be brought in by order of the court, to be served personally, by publication, or in another reasonable manner directed by the court.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1070.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 123(a)40:489(b).June 30, 1949, ch. 288, title II, § 209, 63 Stat. 392. 123(b)40:489(d). 123(c)40:489(a). 123(d)40:489(c). In subsection (a), before clause (1), the words “under this subtitle” are substituted for “hereunder” because “hereunder” probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words “or engage in”, “or engaged in”, “securing or”, and “secure or” are omitted as unnecessary. The word “money” is substituted for “payment” for consistency in the section. In subsection (a)(1)(B), the words “because of each act” are substituted for “by reason thereof” for clarity. In subsection (a)(2), the words “or any Federal agency” and “or any Federal agency, as the case may be” are omitted as unnecessary. In subsection (a)(3), the words “fraudulently obtained” are substituted for “thus secured and obtained” for clarity and to eliminate unnecessary words. In subsection (d)(1), the word “several” is omitted as unnecessary. The words “the District Court of the United States for the District of Columbia” in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in “a district court of the United States” because of sections 88 and 132(a) of title 28. Subsection (d)(2) is substituted for “[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit” for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b). In subsection (d)(3), the words “A defendant that does not reside and may not be found in the courts judicial district” are substituted for “and such person or persons as are not inhabitants of or found within the district in which suit is brought” for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
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# 40 U.S.C. § 124 - Agency use of amounts for property management
## Text
Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1071.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 12440:475(b).June 30, 1949, ch. 288, title VI, § 603(b), formerly § 503(b), 63 Stat. 403; renumbered [§] 603(b), Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. The words “heretofore or hereafter” are omitted as unnecessary. The words “Director of the Office of Management and Budget” are substituted for “Director of the Bureau of the Budget” in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
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# 40 U.S.C. § 125 - Library memberships
## Text
Amounts appropriated may be used, when authorized by the Administrator of General Services, for payment in advance for library memberships in societies whose publications are available to members only, or to members at a lower price than that charged to the general public.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1071.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 12540:475(a).June 30, 1949, ch. 288, title VI, § 603(a), formerly § 503(a), 63 Stat. 403; renumbered [§] 603(a), Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, § 7(g), 64 Stat. 590. The words “such sums as may be necessary to carry out the provisions of this Act” are omitted as unnecessary.
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# 40 U.S.C. § 126 - Reports to Congress
## Text
The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the administration of this subtitle. The report shall include any recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is obsolete because of the enactment or operation of this subtitle.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1071.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 12640:492.June 30, 1949, ch. 288, title II, § 212, formerly § 210, 63 Stat. 393; renumbered § 212, Sept. 5, 1950, ch. 849, § 5(a), 64 Stat. 580. The words “in January of each year and” are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 174 of House Document No. 1037.
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# 40 U.S.C. § 1101 - Policy
## Text
The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1129.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110140:542.June 30, 1949, ch. 288, title IX, § 902, as added Pub. L. 92582, Oct. 27, 1972, 86 Stat. 1279. The words “The Congress hereby declares” are omitted as unnecessary.
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# 40 U.S.C. § 1102 - Definitions
## Text
In this chapter, the following definitions apply:
(1) Agency head.— The term “agency head” means the head of a department, agency, or bureau of the Federal Government.
(2) Architectural and engineering services.— The term “architectural and engineering services” means—
(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
(3) Firm.— The term “firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1129.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110240:541.June 30, 1949, ch. 288, title IX, § 901, as added Pub. L. 92582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100656, title VII, § 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100679, § 8, Nov. 17, 1988, 102 Stat. 4068. In clause (1), the words “Secretary, Administrator, or” are omitted as unnecessary.
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# 40 U.S.C. § 1103 - Selection procedure
## Text
(a) In General.— These procedures apply to the procurement of architectural and engineering services by an agency head.
(b) Annual Statements.— The agency head shall encourage firms to submit annually a statement of qualifications and performance data.
(c) Evaluation.— For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services.
(d) Selection.— From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1130.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110340:543.June 30, 1949, ch. 288, title IX, § 903, as added Pub. L. 92582, Oct. 27, 1972, 86 Stat. 1279. In subsection (b), the words “engaged in the lawful practice of their profession” are omitted as unnecessary because of the definition of “firm” in section 1102 of the revised title. In subsection (c), the words “compare alternative methods for furnishing services” are substituted for “the relative utility of alternative methods of approach for furnishing the required services” to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Architectural and Engineering ServicesPub. L. 108136, div. A, title XIV, § 1427(b), Nov. 24, 2003, 117 Stat. 1670, as amended by Pub. L. 11781, div. A, title XVII, § 1702(l)(8), Dec. 27, 2021, 135 Stat. 2161, provided that: “Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 3403 and 3405 of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103, 4105(a) to (c)(1), (d) to (i)] unless such services— “(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and “(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.”
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# 40 U.S.C. § 1104 - Negotiation of contract
## Text
(a) In General.— The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
(b) Order of Negotiation.— The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1130.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110440:544.June 30, 1949, ch. 288, title IX, § 904, as added Pub. L. 92582, Oct. 27, 1972, 86 Stat. 1279.
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# 40 U.S.C. § 11102 - Sense of Congress
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1236.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1110240:1442.Pub. L. 104106, div. E, title LI, § 5132, Feb. 10, 1996, 110 Stat. 689.
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# 40 U.S.C. § 11103 - Applicability to national security systems
## Text
(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 security;
(C) involves command and control of military forces;
(D) involves equipment that is an integral part of a weapon or weapons system; or
(E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.
(2) Limitation.— Paragraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
(b) In General.— Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.
(c) Exceptions.— (1) In general.— Sections 11313, 11315, and 11316 of this title apply to national security systems.
(2) Capital planning and investment control.— The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.
(3) Applicability of performance-based and results-based management to national security systems.— (A) In general.— Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to 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).
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1236.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 11103(a)40:1452.Pub. L. 104106, div. E, title LI, §§ 5141, 5142, Feb. 10, 1996, 110 Stat. 689. 11103(b)40:1451(a). 11103(c)40:1451(b).
Statutory Notes and Related Subsidiaries
Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon SystemPub. L. 114328, div. A, title VIII, § 895, Dec. 23, 2016, 130 Stat. 2326, as amended by Pub. L. 11781, div. A, title XVII, § 1702(l)(9), Dec. 27, 2021, 135 Stat. 2161, provided that: “(a) Waiver Authority.—Notwithstanding subsection (c)(2) of section 11103 of title 40, United States Code, a national security system described in subsection (a)(1)(D) of such section shall not be subject to the requirements of paragraphs (2) through (5) of section 11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best interests of the Department of Defense. “(b) Milestone Decision Authority Defined.—In this section, the term milestone decision authority has the meaning given the term in section 4251(d)(5) of title 10, United States Code.”
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# 40 U.S.C. § 11302 - Capital planning and investment control
## Text
(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, security, 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) Definitions.— In this subsection:
(A) The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(B) The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
(C) The term “national security system” has the meaning provided in section 3542 of title 44.11 See References in Text note below.
(2) Analyzing, tracking, and evaluating capital investments.— As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security 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, including information security risks, associated with the investments.
(3) Public availability.— (A) In general.— The Director shall make available to the public a list of each major information technology investment, without regard to whether the investments are for new information technology acquisitions or for operations and maintenance of existing information technology, including data on cost, schedule, and performance.
(B) Agency information.— (i) The Director shall issue guidance to each covered agency for reporting of data required by subparagraph (A) that provides a standardized data template that can be incorporated into existing, required data reporting formats and processes. Such guidance shall integrate the reporting process into current budget reporting that each covered agency provides to the Office of Management and Budget, to minimize additional workload. Such guidance shall also clearly specify that the investment evaluation required under subparagraph (C) adequately reflect the investments cost and schedule performance and employ incremental development approaches in appropriate cases.
(ii) The Chief Information Officer of each covered agency shall provide the Director with the information described in subparagraph (A) on at least a semi-annual basis for each major information technology investment, using existing data systems and processes.
(C) Investment evaluation.— For each major information technology investment listed under subparagraph (A), the Chief Information Officer of the covered agency, in consultation with other appropriate agency officials, shall categorize the investment according to risk, in accordance with guidance issued by the Director.
(D) Continuous improvement.— If either the Director or the Chief Information Officer of a covered agency determines that the information made available from the agencys existing data systems and processes as required by subparagraph (B) is not timely and reliable, the Chief Information Officer, in consultation with the Director and the head of the agency, shall establish a program for the improvement of such data systems and processes.
(E) Waiver or limitation authority.— The applicability of subparagraph (A) may be waived or the extent of the information may be limited by the Director, if the Director determines that such a waiver or limitation is in the national security interests of the United States.
(F) Additional limitation.— The requirements of subparagraph (A) shall not apply to national security systems or to telecommunications or information technology that is fully funded by amounts made available—
(i) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
(ii) under the Military Intelligence Program or any successor program or programs; or
(iii) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(4) Risk management.— For each major information technology investment listed under paragraph (3)(A) that receives a high risk rating, as described in paragraph (3)(C), for 4 consecutive quarters—
(A) the Chief Information Officer of the covered agency and the program manager of the investment within the covered agency, in consultation with the Administrator of the Office of Electronic Government, shall conduct a review of the investment that shall identify—
(i) the root causes of the high level of risk of the investment;
(ii) the extent to which these causes can be addressed; and
(iii) the probability of future success;
(B) the Administrator of the Office of Electronic Government shall communicate the results of the review under subparagraph (A) to—
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) the committees of the Senate and the House of Representatives with primary jurisdiction over the agency;
(C) in the case of a major information technology investment of the Department of Defense, the assessment required by subparagraph (A) may be accomplished in accordance with section 2445c 1 of title 10, provided that the results of the review are provided to the Administrator of the Office of Electronic Government upon request and to the committees identified in subsection (B); and
(D) for a covered agency other than the Department of Defense, if on the date that is one year after the date of completion of the review required under subsection (A), the investment is rated as high risk under paragraph (3)(C), the Director shall deny any request for additional development, modernization, or enhancement funding for the investment until the date on which the Chief Information Officer of the covered agency determines that the root causes of the high level of risk of the investment have been addressed, and there is sufficient capability to deliver the remaining planned increments within the planned cost and schedule.
(5) Report to congress.— At the same time that the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, the Director shall submit to Congress a report on the net program performance benefits achieved as a result of major capital 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 Technology under section 11331 of this title 1 and section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g3).
(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 Government-wide acquisitions of information technology.
(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 Technology.— The Director shall compare the performances of the executive agencies in using information technology and shall disseminate the comparisons to the heads of the executive agencies.
(i) Monitoring Training.— The Director shall monitor the development and implementation of training in information resources management for executive agency personnel.
(j) Informing Congress.— The Director shall keep Congress fully informed on the extent to which the executive agencies are improving the performance of agency programs and the accomplishment of the agency missions through the use of the best practices in information resources management.
(k) Coordination of Policy Development and Review.— The Director shall coordinate with the Office of Federal Procurement Policy the development and review by the Administrator of the Office of Information and Regulatory Affairs of policy associated with federal acquisition of information technology.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1237; Pub. L. 108458, title VIII, § 8401(1), (2), Dec. 17, 2004, 118 Stat. 3869; Pub. L. 113291, div. A, title VIII, § 832, Dec. 19, 2014, 128 Stat. 3440; Pub. L. 11588, § 2, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 11591, div. A, title VIII, § 819(a), Dec. 12, 2017, 131 Stat. 1464.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1130240:1412.Pub. L. 104106, div. E, title LI, § 5112, Feb. 10, 1996, 110 Stat. 680.
Editorial Notes
References in TextSection 3542 of title 44, referred to in subsec. (c)(1)(C), was repealed by Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3073. See section 3552 of Title 44, Public Printing and Documents. Section 2445c of title 10, referred to in subsec. (c)(4)(C), was repealed by Pub. L. 114328, div. A, title VIII, § 846(1), Dec. 23, 2016, 130 Stat. 2292. The text of section 11331 of this title, referred to in subsec. (d), was generally amended by Pub. L. 117167, div. B, title II, § 10246(f), Aug. 9, 2022, 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems.
Amendments2017—Subsec. (c)(5). Pub. L. 11588 and Pub. L. 11591 amended subsec. (c) identically, striking out par. (5) relating to sunset of certain provisions. Text read as follows: “Paragraphs (1), (3), and (4) shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015.” 2014—Subsec. (c). Pub. L. 113291 added pars. (1), (3), (4), and par. (5) relating to sunset of certain provisions and redesignated former pars. (1) and (2) as par. (2) and par. (5) relating to report to Congress, respectively. 2004—Subsec. (b). Pub. L. 108458, § 8401(1), inserted “security,” after “use,”. Subsec. (c)(1). Pub. L. 108458, § 8401(2), inserted “, including information security risks,” after “evaluating the risks” and “costs, benefits, and risks”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Management of Software LicensesPub. L. 114210, July 29, 2016, 130 Stat. 824, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016 or the MEGABYTE Act of 2016. “SEC. 2. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.“(a) Definition.—In this section—“(1) the term Director means the Director of the Office of Management and Budget; and “(2) the term executive agency has the meaning given that term in section 105 of title 5, United States Code. “(b) OMB Directive.—The Director shall issue a directive to require the Chief Information Officer of each executive agency to develop a comprehensive software licensing policy, which shall—“(1) identify clear roles, responsibilities, and central oversight authority within the executive agency for managing enterprise software license agreements and commercial software licenses; and “(2) require the Chief Information Officer of each executive agency to—“(A) establish a comprehensive inventory, including 80 percent of software license spending and enterprise licenses in the executive agency, by identifying and collecting information about software license agreements using automated discovery and inventory tools; “(B) regularly track and maintain software licenses to assist the executive agency in implementing decisions throughout the software license management life cycle; “(C) analyze software usage and other data to make cost-effective decisions; “(D) provide training relevant to software license management; “(E) establish goals and objectives of the software license management program of the executive agency; and “(F) consider the software license management life cycle phases, including the requisition, reception, deployment and maintenance, retirement, and disposal phases, to implement effective decisionmaking and incorporate existing standards, processes, and metrics. “(c) Report on Software License Management.—“(1) In general.—Beginning in the first fiscal year beginning after the date of enactment of this Act [July 29, 2016], and in each of the following 5 fiscal years, the Chief Information Officer of each executive agency shall submit to the Director a report on the financial savings or avoidance of spending that resulted from improved software license management. “(2) Availability.—The Director shall make each report submitted under paragraph (1) publically available.”
Appropriate Use of Requirements Regarding Experience and Education of Contractor Personnel in the Procurement of Information Technology ServicesPub. L. 106398, § 1 [[div. A], title VIII, § 813], Oct. 30, 2000, 114 Stat. 1654, 1654A214, provided that: “(a) Amendment of the Federal Acquisition Regulation.—Not later than 180 days after the date of the enactment of this Act [Oct. 30, 2000], the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 405 and 421) [see 41 U.S.C. 1121, 1303] shall be amended to address the use, in the procurement of information technology services, of requirements regarding the experience and education of contractor personnel. “(b) Content of Amendment.—The amendment issued pursuant to subsection (a) shall, at a minimum, provide that solicitations for the procurement of information technology services shall not set forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for award of a contract unless—“(1) the contracting officer first determines that the needs of the executive agency cannot be met without any such requirement; or “(2) the needs of the executive agency require the use of a type of contract other than a performance-based contract. “(c) GAO Report.—Not later than one year after the date on which the regulations required by subsection (a) are published in the Federal Register, the Comptroller General shall submit to Congress an evaluation of—“(1) executive agency compliance with the regulations; and “(2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General considers appropriate. “(d) Definitions.—In this section:“(1) The term executive agency has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (former 41 U.S.C. 403(1)) [now 41 U.S.C. 133]. “(2) The term information technology has the meaning given that term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)) [now 40 U.S.C. 11101(6)]. “(3) The term performance-based, with respect to a contract, means that the contract includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes.”
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# 40 U.S.C. § 11303 - Performance-based and results-based management
## Text
(a) In General.— The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under section 3504(h) of title 44.
(b) Evaluation of Agency Programs and Investments.— (1) Requirement.— The Director shall evaluate the information 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 processes for selecting, managing, and evaluating the results of all of its major investments in information systems;
(B) determine, before making an investment in a new 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 organization; 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 agencys mission-related processes and administrative processes, as appropriate, before making significant investments in information technology to be used in support of those missions; and
(D) ensure that the information security policies, procedures, and practices are adequate.
(3) Guidance for multiagency investments.— The direction issued under paragraph (2) shall include guidance for undertaking 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 information resources management activities of the executive agencies to ascertain the efficiency and effectiveness of information technology 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 management 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 appropriations 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1238.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1130340:1413.Pub. L. 104106, div. E, title LI, § 5113, Feb. 10, 1996, 110 Stat. 681.
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# 40 U.S.C. § 11311 - Responsibilities
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1239.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131140:1421.Pub. L. 104106, div. E, title LI, § 5121, Feb. 10, 1996, 110 Stat. 683.
Statutory Notes and Related Subsidiaries
Procurement of Automatic Data Processing Equipment for Tax Systems Modernization Program; Delegation of AuthorityPub. L. 10452, title V, § 526, Nov. 19, 1995, 109 Stat. 495, provided that: “Notwithstanding any other provision of law, the Administrator of General Services shall delegate the authority to procure automatic data processing equipment for the Tax Systems Modernization Program to the Secretary of the Treasury: Provided, That the Director of the Office of Management and Budget shall have the authority to revoke such delegation upon the written recommendation of the Administrator that the Secretarys actions under such delegation are inconsistent with the goals of economic and efficient procurement and utilization of automatic data processing equipment: Provided further, That for all other purposes, a procurement conducted under such delegation shall be treated as if made under a delegation by the Administrator pursuant to [former] 40 U.S.C. 759.”
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# 40 U.S.C. § 11312 - Capital planning and investment control
## Text
(a) Design of Process.— In fulfilling the responsibilities assigned under section 3506(h) of title 44, the head of each executive agency shall design and implement in the executive agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the executive agency.
(b) Content of Process.— The process of an executive agency shall—
(1) provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments;
(2) be integrated with the processes for making budget, financial, and program management decisions in the executive agency;
(3) include minimum criteria to be applied in considering whether to undertake a particular investment in information systems, including 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, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost, capability of the system to meet specified requirements, timeliness, and quality.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108458, title VIII, § 8401(3), Dec. 17, 2004, 118 Stat. 3869.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131240:1422.Pub. L. 104106, div. E, title LI, § 5122, Feb. 10, 1996, 110 Stat. 683.
Editorial Notes
Amendments2004—Subsec. (b)(1). Pub. L. 108458 substituted “investments in information technology (including information security needs)” for “information technology investments”.
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# 40 U.S.C. § 11313 - Performance and results-based management
## Text
In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—
(1) establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of information technology;
(2) prepare an annual report, to be included in the executive agencys budget submission to Congress, on the progress in achieving the goals;
(3) ensure that performance measurements—
(A) are prescribed for information technology used by, or to be acquired for, the executive agency; and
(B) measure how well the information technology supports 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 agencys 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1240.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131340:1423.Pub. L. 104106, div. E, title LI, § 5123, Feb. 10, 1996, 110 Stat. 683.
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# 40 U.S.C. § 11314 - Authority to acquire and manage information technology
## Text
(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 acquisitions 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 contract for procurement of commercial products of information technology that requires each executive agency covered by the contract, when procuring those products, to procure the products under that contract or to justify an alternative procurement of the products.
(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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 115232, div. A, title VIII, § 836(g)(7)(B), Aug. 13, 2018, 132 Stat. 1874.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131440:1424.Pub. L. 104106, div. E, title LI, § 5124, Feb. 10, 1996, 110 Stat. 684. In subsection (b), the words “Notwithstanding any other provision of this or any other law” are omitted as unnecessary.
Editorial Notes
Amendments2018—Subsec. (a)(3). Pub. L. 115232 substituted “products” for “items” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
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# 40 U.S.C. § 11316 - Accountability
## Text
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 provided on a reliable, consistent, and timely basis to executive agency financial management systems; and
(3) financial statements support—
(A) assessments and revisions of mission-related processes and administrative processes of the executive agency; and
(B) measurement of the performance of investments made by the agency in information systems.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1242.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131640:1426.Pub. L. 104106, div. E, title LI, § 5126, Feb. 10, 1996, 110 Stat. 686.
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# 40 U.S.C. § 11317 - Significant deviations
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1242.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131740:1427.Pub. L. 104106, div. E, title LI, § 5127, Feb. 10, 1996, 110 Stat. 687.
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# 40 U.S.C. § 11318 - Interagency support
## Text
The head of an executive agency may use amounts available to the agency for oversight, acquisition, and procurement of information technology to support jointly with other executive agencies the activities of interagency groups that are established to advise the Director of the Office of Management and Budget in carrying out the Directors 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. The Director shall prescribe the requirements and limitations during the Directors review of the executive agencys proposed budget submitted to the Director by the head of the executive agency for purposes of section 1105 of title 31.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1242.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1131840:1428.Pub. L. 104106, div. E, title LI, § 5128, Feb. 10, 1996, 110 Stat. 687.
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# 40 U.S.C. § 11319 - Resources, planning, and portfolio management
## Text
(a) Definitions.— In this section:
(1) The term “covered agency” means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(2) The term “information technology” has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
(b) Additional Authorities for Chief Information Officers.— (1) Planning, programming, budgeting, and execution authorities for cios.— (A) In general.— The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in—
(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
(ii) the management, governance, and oversight processes related to information technology.
(B) Budget formulation.— The Director of the Office of Management and Budget shall require in the annual information technology capital planning guidance of the Office of Management and Budget the following:
(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
(C) Review.— (i) In general.— A covered agency other than the Department of Defense—
(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
(II) may not request the reprogramming of any funds made available for information technology programs, unless the request has been reviewed and approved by the Chief Information Officer of the agency; and
(III) may use the governance processes of the agency to approve such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
(ii) Delegation.— (I) In general.— Except as provided in subclause (II), the duties of a Chief Information Officer under clause (i) are not delegable.
(II) Non-major information technology investments.— For a contract or agreement for a non-major information technology investment, as defined in the annual information technology capital planning guidance of the Office of Management and Budget, the Chief Information Officer of a covered agency other than the Department of Defense may delegate the approval of the contract or agreement under clause (i) to an individual who reports directly to the Chief Information Officer.
(2) Personnel-related authority.— Notwithstanding any other provision of law, for each covered agency other than the Department of Defense, the Chief Information Officer of the covered agency shall approve the appointment of any other employee with the title of Chief Information Officer, or who functions in the capacity of a Chief Information Officer, for any component organization within the covered agency.
(c) Limitation.— None of the authorities provided in this section shall apply to telecommunications or information technology that is fully funded by amounts made available—
(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
(2) under the Military Intelligence Program or any successor program or programs; or
(3) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(d) Information Technology Portfolio, Program, and Resource Reviews.— (1) Process.— The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall implement a process to assist covered agencies in reviewing their portfolio of information technology investments—
(A) to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;
(B) to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;
(C) to identify potential duplication and waste;
(D) to identify potential cost savings;
(E) to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;
(F) to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;
(G) to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and
(H) to carry out any other goals that the Director may establish.
(2) Metrics and performance indicators.— The Director of the Office of Management and Budget, in consultation with the Chief Information Officers of appropriate agencies, shall develop standardized cost savings and cost avoidance metrics and performance indicators for use by agencies for the process implemented under paragraph (1).
(3) Annual review.— The Chief Information Officer of each covered agency, in conjunction with the Chief Operating Officer or Deputy Secretary (or equivalent) of the covered agency and the Administrator of the Office of Electronic Government, shall conduct an annual review of the information technology portfolio of the covered agency.
(4) Applicability to the department of defense.— In the case of the Department of Defense, processes established pursuant to this subsection shall apply only to the business systems information technology portfolio of the Department of Defense and not to national security systems as defined by section 11103(a) of this title. The annual review required by paragraph (3) shall be carried out by the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and other appropriate Department of Defense officials. The Secretary of Defense may designate an existing investment or management review process to fulfill the requirement for the annual review required by paragraph (3), in consultation with the Administrator of the Office of Electronic Government.
(5) Quarterly reports.— (A) In general.— The Administrator of the Office of Electronic Government shall submit a quarterly report on the cost savings and reductions in duplicative information technology investments identified through the review required by paragraph (3) to—
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) upon a request by any committee of Congress, to that committee.
(B) Inclusion in other reports.— The reports required under subparagraph (A) may be included as part of another report submitted to the committees of Congress described in clauses (i), (ii), and (iii) of subparagraph (A).
(Added and amended Pub. L. 113291, div. A, title VIII, §§ 831(a), 833, title IX, § 901(n)(1), Dec. 19, 2014, 128 Stat. 3438, 3442, 3469; Pub. L. 11588, § 3, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 11591, div. A, title VIII, § 819(b), title X, § 1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1464, 1597; Pub. L. 115232, div. A, title X, § 1081(f)(1)(A)(iii), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 11692, div. A, title IX, § 902(87), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 11831, div. A, title IX, § 901(f), Dec. 22, 2023, 137 Stat. 355.)
## Notes
Editorial Notes
Amendments2023—Subsec. (d)(4). Pub. L. 11831 substituted “the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and” for “the Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, and”. 2019—Subsec. (d)(4). Pub. L. 11692 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2018—Subsec. (d)(4). Pub. L. 115232 substituted “Chief Management Officer” for “Deputy Chief Management Officer”. 2017—Subsecs. (c), (d). Pub. L. 11588, § 3(1), and Pub. L. 11591, § 819(b)(1), amended section identically, redesignating subsec. (c) relating to information technology portfolio, program, and resource reviews as (d). Subsec. (d)(6). Pub. L. 11588, § 3(2), and Pub. L. 11591, § 819(b)(2), amended subsec. (d) identically, striking out par. (6). Text read as follows: “This subsection shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015.” 2014—Subsec. (c). Pub. L. 113291, § 833, added subsec. (c) relating to information technology portfolio, program, and resource reviews.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 40 U.S.C. § 11332 - Repealed. Pub. L. 107296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960]
## Notes
Section, Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107347, set out as an Effective Date of 2002 Amendments note under section 3504 of Title 44, Public Printing and Documents. Repeal by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
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# 40 U.S.C. § 11501 - Authority to conduct pilot program
## Text
(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 a pilot program pursuant to the requirements of section 11521 of this title 11 See References in Text note below. to test alternative approaches for the acquisition of information technology by executive agencies.
(2) Multiagency, multi-activity conduct of each program.— Except as otherwise provided in this chapter, the pilot program conducted under this chapter shall be carried out in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for Federal Procurement Policy in accordance with this chapter to carry out the pilot program. With the approval of the Administrator for Federal Procurement Policy, the head of each 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 program within the executive agency.
(b) Limitation on Amount.— The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000. The Administrator for Federal Procurement Policy shall monitor those contracts and ensure that contracts are not entered into in violation of this subsection.
(c) Period of Programs.— (1) In general.— Subject to paragraph (2), the pilot program may be carried out under this chapter for the period, not in excess of five years, the Administrator for Federal Procurement Policy determines is sufficient to establish reliable results.
(2) Continuing validity of contracts.— A contract entered into under the pilot program before the expiration of that program remains in effect according to the terms of the contract after the expiration of the program.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107314, div. A, title VIII, § 825(b)(2)(A), Dec. 2, 2002, 116 Stat. 2615; Pub. L. 107347, title II, § 210(h)(2)(A), Dec. 17, 2002, 116 Stat. 2938.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1150140:1471.Pub. L. 104106, div. E, title LIII, § 5301, Feb. 10, 1996, 110 Stat. 691.
Editorial Notes
References in TextSection 11521 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 107347, title II, § 210(h)(1), Dec. 17, 2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107347 directed the redesignation of section 11522 of this title as section 11521 of this title, but it could not be executed because of the repeal of section 11522 by Pub. L. 107314, div. A, title VIII, § 825(b)(1), Dec. 2, 2002, 116 Stat. 2615.
Amendments2002—Pub. L. 107314, § 825(b)(2)(A)(i), and Pub. L. 107347, § 210(h)(2)(A)(i), amended section catchline identically, substituting “program” for “programs”. Subsec. (a)(1). Pub. L. 107314, § 825(b)(2)(A)(ii), and Pub. L. 107347, § 210(h)(2)(A)(ii), amended par. (1) identically, substituting “conduct a pilot program pursuant to the requirements of section 11521 of this title” for “conduct pilot programs”. Subsec. (a)(2). Pub. L. 107314, § 825(b)(2)(A)(iii), and Pub. L. 107347, § 210(h)(2)(A)(iii), amended par. (2) identically, substituting “the pilot program conducted” for “each pilot program conducted”. Subsec. (b). Pub. L. 107347, § 210(h)(2)(A)(iv), which directed amendment of subsec. (b) by substituting the heading “Limitation on Amount” and text “The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000.” for the heading “Limitations” and all that followed through “$750,000,000.”, was executed by making the substitution for “Limitation on Amount” in the heading and “The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $750,000,000.” in text to reflect the probable intent of Congress and the amendment by Pub. L. 107314, § 825(b)(2)(A)(iv)(I). See below. Pub. L. 107314, § 825(b)(2)(A)(iv)(II), substituted “subsection.” for “paragraph.” Pub. L. 107314, § 825(b)(2)(A)(iv)(I), substituted “Limitation on Amount.—The total amount obligated for contracts entered into under the pilot program conducted” for “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”. Subsec. (c)(1). Pub. L. 107314, § 825(b)(2)(A)(v), and Pub. L. 107347, § 210(h)(2)(A)(v), amended par. (1) identically, substituting “the pilot” for “a pilot”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11502 - Evaluation criteria and plans
## Text
(a) Measurable Test Criteria.— To the maximum extent practicable, the head of each executive agency conducting the pilot program under section 11501 of this title shall establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program.
(b) Test Plan.— Before the pilot program may be conducted under section 11501 of this title, the Administrator for Federal Procurement Policy shall submit to Congress a detailed test plan for the program, including a detailed description of the procedures to be used and a list of regulations that are to be waived.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107314, div. A, title VIII, § 825(b)(2)(B)(i), (ii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107347, title II, § 210(h)(2)(B)(i), (ii), Dec. 17, 2002, 116 Stat. 2938.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1150240:1472.Pub. L. 104106, div. E, title LIII, § 5302, Feb. 10, 1996, 110 Stat. 691.
Editorial Notes
Amendments2002—Pub. L. 107314 and Pub. L. 107347 amended section identically, substituting “the pilot” for “a pilot” in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11503 - Report
## Text
(a) Requirement.— Not later than 180 days after the completion of the pilot program under this chapter, the Administrator for Federal Procurement Policy shall—
(1) submit to the Director of the Office of Management and Budget a report on the results and findings under the program; and
(2) provide a copy of the report to Congress.
(b) Content.— The report shall include—
(1) a detailed description of the results of the program, as measured by the criteria established for the program; and
(2) a discussion of legislation that the Administrator recommends, or changes in regulations that the Administrator considers necessary, to improve overall information resources management in the Federal Government.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107314, div. A, title VIII, § 825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107347, title II, § 210(h)(2)(B)(iii), Dec. 17, 2002, 116 Stat. 2938.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1150340:1473.Pub. L. 104106, div. E, title LIII, § 5303, Feb. 10, 1996, 110 Stat. 692.
Editorial Notes
Amendments2002—Subsec. (a). Pub. L. 107314 and Pub. L. 107347 amended subsec. (a) identically, substituting “the pilot” for “a pilot” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11504 - Recommended legislation
## Text
If the Director of the Office of Management and Budget determines that the results and findings under the 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 Directors recommendations for that legislation to Congress.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107314, div. A, title VIII, § 825(b)(2)(B)(iv), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107347, title II, § 210(h)(2)(B)(iv), Dec. 17, 2002, 116 Stat. 2938.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1150440:1474.Pub. L. 104106, div. E, title LIII, § 5304, Feb. 10, 1996, 110 Stat. 692.
Editorial Notes
Amendments2002—Pub. L. 107314 and Pub. L. 107347 amended section identically, substituting “the pilot” for “a pilot”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11505 - Rule of construction
## Text
This chapter does not authorize the appropriation or obligation of amounts for the pilot program authorized under this chapter.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107314, div. A, title VIII, § 825(b)(2)(C), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107347, title II, § 210(h)(2)(C), Dec. 17, 2002, 116 Stat. 2938.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1150540:1475.Pub. L. 104106, div. E, title LIII, § 5305, Feb. 10, 1996, 110 Stat. 692.
Editorial Notes
Amendments2002—Pub. L. 107314 and Pub. L. 107347 amended section identically, substituting “program” for “programs”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11521 - Repealed. Pub. L. 107347, title II, § 210(h)(1), Dec. 17, 2002, 116 Stat. 2938]
## Notes
Section, Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1247, related to the share-in-savings pilot program.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
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# 40 U.S.C. § 11522 - Repealed. Pub. L. 107314, div. A, title VIII, § 825(b)(1), Dec. 2, 2002, 116 Stat. 2615]
## Notes
Section, Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1247, related to a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. Subsequent to repeal, Pub. L. 107347, title II, § 210(h)(3)(A), Dec. 17, 2002, 116 Stat. 2938, directed that this section be renumbered section 11521 of this title.
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# 40 U.S.C. § 11701 - Identification of excess and surplus computer equipment
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1252, § 11702; renumbered § 11701, Pub. L. 107314, div. A, title VIII, § 825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1170240:1502.Pub. L. 104106, div. E, title LIV, § 5402, Feb. 10, 1996, 110 Stat. 697. The words “Not later than six months after February 10, 1996, the head of the an executive agency shall inventory all computer equipment under the control of that official. After completion of the inventory” are omitted as executed. The words “all computer equipment” are substituted for “any such equipment” for clarity.
Editorial Notes
Prior ProvisionsA prior section 11701, Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1250, related to on-line multiple award schedule contracting, prior to repeal by Pub. L. 107314, div. A, title VIII, § 825(c)(1), Dec. 2, 2002, 116 Stat. 2616.
Amendments2002—Pub. L. 107314 renumbered section 11702 of this title as this section.
@@ -0,0 +1,45 @@
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title_number: 40
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# 40 U.S.C. § 11702 - Index of certain information in information systems included in directory established under section 4101 of title 44
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1252, § 11703; renumbered § 11702, Pub. L. 107314, div. A, title VIII, § 825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1170340:1503.Pub. L. 104106, div. E, title LIV, § 5403, Feb. 10, 1996, 110 Stat. 698. The words “Notwithstanding any other provision of this chapter” are omitted as unnecessary.
Editorial Notes
Prior ProvisionsA prior section 11702 was renumbered section 11701 of this title.
Amendments2002—Pub. L. 107314 renumbered section 11703 of this title as this section.
@@ -0,0 +1,45 @@
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citation: "40 U.S.C. § 11703"
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# 40 U.S.C. § 11703 - Procurement procedures
## Text
To the maximum extent practicable, the Federal Acquisition Regulatory Council shall ensure that the process for acquisition of information technology is a simplified, clear, and understandable process that specifically addresses the management of risk, incremental acquisitions, and the need to incorporate commercial information technology in a timely manner.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1252, § 11704; renumbered § 11703, Pub. L. 107314, div. A, title VIII, § 825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1170440:1461.Pub. L. 104106, div. E, title LII, § 5201, Feb. 10, 1996, 110 Stat. 689.
Editorial Notes
Prior ProvisionsA prior section 11703 was renumbered section 11702 of this title.
Amendments2002—Pub. L. 107314 renumbered section 11704 of this title as this section.
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# 40 U.S.C. § 11704 - Renumbered § 11703]
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# 40 U.S.C. § 1301 - Charge of property transferred to the Federal Government
## Text
(a) In General.— Except as provided in subsection (b), the Administrator of General Services shall have charge of—
(1) all land and other property which has been or may be assigned, set off, or conveyed to the Federal Government in payment of debts;
(2) all trusts created for the use of the Government in payment of debts due the Government; and
(3) the sale and disposal of land—
(A) assigned or set off to the Government in payment of debt; or
(B) vested in the Government by mortgage or other security for the payment of debts.
(b) Nonapplication.— This section does not apply to—
(1) real estate which has been or shall be assigned, set off, or conveyed to the Government in payment of debts arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
(2) trusts created for the use of the Government in payment of debts arising under the Code and due the Government.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1131.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130140:301.R.S. § 3750; Pub. L. 8930, § 2, June 2, 1965, 79 Stat. 119. In subsection (a), the words “Except as provided in subsection (b)” are added for clarity. In subsection (b)(1), the words “the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)” are substituted for “the internal-revenue laws” for clarity and for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified to Title 26, Internal Revenue Code.
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# 40 U.S.C. § 1302 - Lease of buildings
## Text
Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1131.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130240:303b.June 30, 1932, ch. 314, § 321, 47 Stat. 412. The words “On and after June 30, 1932” are omitted as obsolete.
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# 40 U.S.C. § 1304 - Transfer of federal property to States
## Text
(a) Obsolete Buildings and Sites.— (1) In general.— The Administrator of General Services, in the Administrators discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government.
(2) Applicable property.— The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrators control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.
(3) Price.— The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator.
(4) Proceeds of sale.— The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts.
(5) Payment terms.— The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment.
(6) Conveyance.— The Administrator may convey property sold under this section by the usual quitclaim deed.
(b) Widening of Public Roads.— (1) Definition.— In this subsection, the term “executive agency” means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.
(2) In general.— When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.
(3) Limitation on transfers for highway purposes.— An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection.
(4) Limitation on issuance of rights of way.— Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1133.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1304(a)40:345b.Aug. 26, 1935, ch. 684, § 1, 49 Stat. 800; Pub. L. 86608, July 7, 1960, 74 Stat. 363. 1304(b)(1) (3)40:345c.Aug. 26, 1935, ch. 684, § 2, as added Pub. L. 86608, July 7, 1960, 74 Stat. 363. 1304(b)(4)40:345c note.Pub. L. 94579, title VII, § 706(a) (related to the Act of July 7, 1960 (Pub. L. 86608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the words “Administrator of General Services” and “Administrator” are substituted for “Treasury Department” and “Secretary of the Treasury” in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words “a State or a political subdivision of a State” are substituted for “States, counties, municipalities, or other duly constituted political subdivisions of States” for consistency with subsection (b).
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# 40 U.S.C. § 1305 - Disposition of land acquired by devise
## Text
The General Services Administration may take custody, for disposal as excess property under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, of land acquired by the Federal Government by devise.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1134; Pub. L. 111350, § 5(l)(12), Jan. 4, 2011, 124 Stat. 3852.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130540:304.Mar. 3, 1903, ch. 1007, [§] 1 (4th complete par. on p. 1112), 32 Stat. 1112; Oct. 31, 1951, ch. 654, § 4(8), 65 Stat. 709. The words “and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are added to provide an accurate literal translation of the word “this Act”, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The words “as have been or may hereafter be” are omitted as unnecessary.
Editorial Notes
Amendments2011—Pub. L. 111350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.
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# 40 U.S.C. § 1306 - Disposition of abandoned or forfeited personal property
## Text
(a) Definitions.— In this section—
(1) Agency.— The term “agency” includes any executive department, independent establishment, board, commission, bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock.
(2) Property.— The term “property” means all personal property, including vessels, vehicles, and aircraft.
(b) Voluntarily Abandoned Property.— Property voluntarily abandoned to any agency in a way that vests title to the property in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or
(2) order disposal of the property as otherwise provided by law.
(c) Forfeited Property.— (1) Agency retains property.— An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant.
(2) Agency does not desire to retain property.— If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property—
(A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or
(B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law.
(d) Property Subject to Court Proceeding for Forfeiture.— (1) Notification of administrator.— If a proceeding has begun for the forfeiture of any property by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property for its official use.
(2) Application for court order to deliver property.— (A) In general.— Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph.
(B) Delivery to seizing agency.— If the agency that seized the property files a request for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property.
(C) Delivery to other requesting agency.— If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Administrator believes that the requesting agency should be given the property.
(D) Delivery to seizing agency for temporary holding.— If application to the court cannot be made under subparagraph (B) or (C) and the Administrator believes the property may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the property to the agency that seized the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to—
(i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or
(ii) dispose of the property as otherwise provided by law.
(3) Forfeiture decreed.— If forfeiture is decreed and the property is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in paragraph (2).
(4) When no application made.— The court shall dispose of property for which no application is made in accordance with law.
(e) Retention or Delivery of Property Deemed Sale.— Retention or delivery of forfeited or abandoned property under this section is deemed to be a sale of the property for the purpose of laws providing for informers fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the same manner as other surplus property.
(f) Payment of Costs Related to Property.— (1) Availability of appropriations.— The appropriation available to an agency for the purchase, hire, operation, maintenance, and repair of any property is available for—
(A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph (2).
(2) Payment and reimbursement of certain costs.— The agency that receives property under this section shall pay the cost of hauling, transporting, towing, and storing the property. If the property is later delivered to another agency for official use under this section, the agency to which the property is delivered shall make reimbursement for all of those costs incurred prior to the date the property is delivered.
(g) Report.— With the approval of the Secretary of the Treasury, the Administrator may require an agency to make a report of all property abandoned to it or seized and the disposal of the property.
(h) Administrative.— (1) Regulations.— With the approval of the Secretary, the Administrator may prescribe regulations necessary to carry out this section.
(2) Other laws not repealed.— This section does not repeal any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in conflict with this section which were enacted prior to August 27, 1935.
(3) Property not subject to allocation under this section.— The following classes of property are not subject to allocation under this section, but shall be disposed of in the manner otherwise provided by law:
(A) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1134.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1306(a)40:304f.Aug. 27, 1935, ch. 740, title III, §§ 301307, 49 Stat. 879. 1306(b)40:304g. 1306(c)40:304h. 1306(d)40:304i. 1306(e)40:304k. 1306(f)40:304j. 1306(g)40:304l (related to report). 1306(h)(1)40:304l (related to regulations). 1306(h)(2), (3)40:304m.Aug. 27, 1935, ch. 740, title III, § 308, 49 Stat. 880; Pub. L. 91513, title III, § 1102(o), Oct. 27, 1970, 84 Stat. 1293. In this section, the words “Administrator” and “Administrator of General Services” are substituted for “Director” and “Director of the Procurement Division of the Treasury Department of the United States” [subsequently changed to “Bureau of Federal Supply” by regulation § 5.7 of subpart A of Part 5 of Title 41, Public Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section 102(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(a)(1) of the revised title. In subsection (a), the text of 40:304f(3) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section. In subsection (c)(1), the words “(including advertisement for sale, and sale)” are omitted as unnecessary. In subsection (d)(3), the words “as provided in paragraph (2)” are substituted for “accordingly” for clarity. In subsection (g), the words “from time to time” are omitted as unnecessary. In subsection (h)(2), the words “which were enacted prior to August 27, 1935” are added for clarity. In subsection (h)(3), the text of 40:304m(1) is omitted because section 4 of the Act of June 15, 1917 (22:404) was repealed by section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In subclause (C), the words “the disposal of which” are substituted for “as” for clarity.
Editorial Notes
References in TextThe Controlled Substances Act, referred to in subsec. (h)(3)(A), is title II of Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
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# 40 U.S.C. § 1307 - Disposition of securities
## Text
The President, or an officer, agent, or agency the President may designate, may dispose of any securities acquired on behalf of the Federal Government under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456), including any securities acquired as an incident to a case under title 11, under a receivership or reorganization proceeding, by assignment, transfer, substitution, or issuance, or by acquisition of collateral given for the payment of obligations to the Government, or may make arrangements for the extension of the maturity of the securities, in the manner, in amounts, at prices, for cash, securities, or other property or any combination of cash, securities, or other property, and on terms and conditions the President or designee considers advisable and in the public interest.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1137.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130740:316.Feb. 28, 1920, ch. 91, § 213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788; Pub. L. 95598, title III, § 325, Nov. 6, 1978, 92 Stat. 2679. The words “sell, exchange, or otherwise”, “bonds, notes, or other”, “purchase, default, or other”, and “(whether at a foreclosure sale or otherwise)” are omitted as unnecessary.
Editorial Notes
References in TextThe Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to section 316 of former Title 40, Public Buildings, Property, and Works, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95473, § 4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49. Section 316 of former Title 40 was repealed and reenacted as this section by Pub. L. 107217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
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# 40 U.S.C. § 1308 - Disposition of unfit horses and mules
## Text
Subject to applicable regulations under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, horses and mules belonging to the Federal Government that have become unfit for service may be destroyed or put out to pasture, either on pastures belonging to the Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for the horses and mules during the remainder of their natural lives, at no cost to the Government.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1137; Pub. L. 111350, § 5(l)(13), Jan. 4, 2011, 124 Stat. 3852.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130840:311b.June 15, 1938, ch. 400, 52 Stat. 693; June 3, 1939, ch. 176, 53 Stat. 808; Oct. 31, 1951, ch. 654, § 2(24), 65 Stat. 707. The words “and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are added to provide an accurate literal translation of the word “this Act”, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title.
Editorial Notes
Amendments2011—Pub. L. 111350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.
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# 40 U.S.C. § 1309 - Preservation, sale, or collection of wrecked, abandoned, or derelict property
## Text
The Administrator of General Services may make contracts and provisions for the preservation, sale, or collection of property, or the proceeds of property, which may have been wrecked, been abandoned, or become derelict, if the Administrator considers the contracts and provisions to be in the interest of the Federal Government and the property is within the jurisdiction of the United States and should come to the Government. A contract may provide compensation the Administrator considers just and reasonable to any person who gives information about the property or actually preserves, collects, surrenders, or pays over the property. Under each specific agreement for obtaining, preserving, collecting, or receiving property or making property available, the costs or claim chargeable to the Government may not exceed amounts realized and received by the Government.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1137.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 130940:310.R.S. § 3755; Pub. L. 8930, § 4, June 2, 1965, 79 Stat. 119. The words “or of any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the United States, which are now withheld or retained by any person, corporation or municipality whatever, and which ought to have come into the possession and custody of, or been collected or received by, the United States” in section 3755 of the Revised Statues [sic] and “debts, dues, or interests, which shall not be paid from such moneys as shall be realized and received from the property so collected, under each specific agreement” are omitted as obsolete.
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# 40 U.S.C. § 1310 - Sale of war supplies, land, and buildings
## Text
(a) In General.— The President, through the head of any executive department and on terms the head of the department considers expedient, may sell to a person, another department of the Federal Government, or the government of a foreign country engaged in war against a country with which the United States is at war—
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the plant or factory may be situated, acquired since April 6, 1917, for the production of war supplies, materials, and equipment that, during the emergency existing on July 9, 1918, may have been purchased, acquired, or manufactured by the Government.
(b) Limitation on Sale of Guns and Ammunition.— Sales of guns and ammunition authorized under any law shall be limited to—
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a country with which the United States is at war; and
(3) members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1137.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131040:314.July 9, 1918, ch. 143 (last par. on p. 850), 40 Stat. 850; Feb. 25, 1919, ch. 39, § 3, 40 Stat. 1173; May 29, 1928, ch. 901, § 1(8), 45 Stat. 986; Aug. 7, 1946, ch. 770, (55), 60 Stat. 870. In this section, the words “government of a foreign country” are substituted for “foreign State or Government”, and the words “against a country” are substituted for “against any Government”, for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words “partnership, association” are omitted because of the definition of person in 1:1. In subsection (b), before clause (1), the words “in this section or . . . other” are omitted as unnecessary.
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# 40 U.S.C. § 1311 - Authority of President to obtain release
## Text
For the use or benefit of the Federal Government, the President may obtain from an individual or officer to whom land has been or will be conveyed a release of the individuals or officers interest to the Government.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1138.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131140:305.R.S. § 3752.
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# 40 U.S.C. § 1312 - Release of real estate in certain cases
## Text
(a) In General.— Real estate that has become the property of the Federal Government in payment of a debt which afterward is fully paid in money and received by the Government may be conveyed by the Administrator of General Services to the debtor from whom it was taken or to the heirs or devisees of the debtor or the person that they may appoint.
(b) Nonapplication.— This section does not apply to real estate the Government acquires in payment of any debt arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1138.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131240:306.R.S. § 3751; Pub. L. 8930, § 3, June 2, 1965, 79 Stat. 119. In subsection (a), the words “by conveyance, extent, or otherwise” are omitted as unnecessary. The words “General Counsel for the Department of the Treasury” were substituted for “Solicitor of the Treasury” in section 3751 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. The words “release by deed or otherwise” and “if he is living, or, if such debtor is dead” are omitted as unnecessary. In subsection (b), the words “the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)” are substituted for “the internal-revenue laws” for clarity and for consistency in the revised title and with other titles of the Code.
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b), is classified to Title 26, Internal Revenue Code.
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# 40 U.S.C. § 1313 - Releasing property from attachment
## Text
(a) Stipulation of Discharge.— (1) Person asserting claim entitled to benefits.— In a judicial proceeding under the laws of a State, district, territory, or possession of the United States, when property owned or held by the Federal Government, or in which the Government has or claims an interest, is seized, arrested, attached, or held for the security or satisfaction of a claim made against the property, the Attorney General may direct the United States Attorney for the district in which the property is located to enter a stipulation that on discharge of the property from the seizure, arrest, attachment, or proceeding, the person asserting the claim against the property becomes entitled to all the benefits of this section.
(2) Nonapplication.— This subsection does not—
(A) recognize or concede any right to enforce by seizure, arrest, attachment, or any judicial process a claim against property—
(i) of the Government; or
(ii) held, owned, or employed by the Government, or by a department of the Government, for a public use; or
(B) waive an objection to a proceeding brought to enforce the claim.
(b) Payment.— After a discharge, a final judgment which affirms the claim for the security or satisfaction and the right of the person asserting the claim to enforce it against the property, notwithstanding the claims of the Government, is deemed to be a full and final determination of the rights of the person and entitles the person, as against the Government, to the rights the person would have had if possession of the property had not been changed. When the claim is for the payment of money found to be due, presentation of an authenticated copy of the record of the judgment and proceedings is sufficient evidence to the proper accounting officers for the allowance of the claim, which shall be allowed and paid out of amounts in the Treasury not otherwise appropriated. The amount allowed and paid shall not exceed the value of the interest of the Government in the property.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1138.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1313(a)40:308.R.S. § 3753; Pub. L. 8930, § 1(a), June 2, 1965, 79 Stat. 118. 1313(b)40:309.R.S. § 3754; Pub. L. 8930, § 1(b), June 2, 1965, 79 Stat. 119. In subsection (a)(1), the words “territory, or possession of the United States” are substituted for “or territory” for consistency in the revised title and with other titles of the United States Code. The words “in his discretion” are omitted as unnecessary. The words “General Counsel for the department of Treasury” were substituted for “Solicitor of the Treasury” in section 3753 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. In subsection (b), the words “in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried”, “to all intents and purposes”, “and the same is by such judgment found to be due”, and “duly” are omitted as unnecessary.
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# 40 U.S.C. § 1314 - Easements
## Text
(a) Definitions.— In this section—
(1) Executive agency.— The term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation.
(2) Real property of the government.— The term “real property of the Government” excludes—
(A) public land (including minerals, vegetative, and other resources) in the United States, including—
(i) land reserved or dedicated for national forest purposes;
(ii) land the Secretary of the Interior administers or supervises in accordance with section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54;
(iii) Indian-owned trust and restricted land; and
(iv) land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers;
(B) land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and
(C) land acquired for national forest purposes.
(3) State.— The term “State” means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
(b) Grant of Easement.— When a State, a political subdivision or agency of a State, or a person applies for the grant of an easement in, over, or on real property of the Government, the executive agency having control of the real property may grant to the applicant, on behalf of the Government, an easement that the head of the agency decides will not be adverse to the interests of the Government, subject to reservations, exceptions, limitations, benefits, burdens, terms, or conditions that the head of the agency considers necessary to protect the interests of the Government. The grant may be made without consideration, or with monetary or other consideration, including an interest in real property.
(c) Relinquishment of Legislative Jurisdiction.— In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable. Relinquishment of legislative jurisdiction may be accomplished by filing with the chief executive officer of the State a notice of relinquishment to take effect upon acceptance or by proceeding in the manner that the laws applicable to the State may provide.
(d) Termination of Easement.— (1) When termination occurs.— The instrument granting the easement may provide for termination of any part of the easement if there has been—
(A) a failure to comply with a term or condition of the grant;
(B) a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or
(C) an abandonment of the easement.
(2) Notice required.— If a termination provision is included, it shall require that written notice of the termination be given to the grantee, or its successors or assigns.
(3) Effective date.— The termination is effective as of the date of the notice.
(e) Additional Easement Authority.— The authority conferred by this section is in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.
(f) Limitation on Issuance of Rights of Way.— Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1139; Pub. L. 113287, § 5(j)(4), Dec. 19, 2014, 128 Stat. 3269.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1314(a)40:319c.Pub. L. 87852, Oct. 23, 1962, 76 Stat. 1129. 1314(b)40:319 (1st, 2d sentences). 1314(c)40:319 (3d, last sentences). 1314(d)40:319a. 1314(e)40:319b. 1314(f)40:319 note, 319a note, 319b note, 319c note.Pub. L. 94579, title VII, § 706(a) (related to the Act of Oct. 23, 1962 (Pub. L. 87—852, 76 Stat. 1129)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the text of 40:319c(c) is omitted because of 1:1. In clause (3), the words “territories and” are added for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words “for a right-of-way or other purpose” are omitted as unnecessary. In subsection (c), the words “affected” and “concerned” before “a notice” are omitted as unnecessary. The words “chief executive officer” are substituted for “Governor” for clarity.
Editorial Notes
Amendments2014—Subsec. (a)(2)(A)(ii). Pub. L. 113287 substituted “section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54” for “the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act)”.
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# 40 U.S.C. § 14101 - Findings and purposes
## Text
(a) 1965 Findings and Purpose.— (1) Findings.— Congress finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nations prosperity. The regions 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 Presidents Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed.
(2) Purpose.— It is the purpose of this subtitle to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint federal and state efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this subtitle shall be concentrated in areas where there is a 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, Congress expects that the region will generate a diversified industry and that the region will then be able to support itself through the workings of a strengthened free enterprise economy.
(b) 1975 Findings and Purpose.— (1) Findings.— Congress further finds and declares that while substantial progress has been made toward achieving the purposes set out in subsection (a), especially with respect to the provision of essential public facilities, much remains to be accomplished, especially with respect to the provision of essential health, education, and other public services. Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region but also its relationship to a nation that on December 31, 1975, is assigning higher priority to conservation and the quality of life, values long 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 natural resources. Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is essential that the opportunities for expanded energy production be used so as to maximize the social and economic benefits and minimize the social and environmental costs to the region and its people.
(2) Purpose.— It is also the purpose of this subtitle to provide a framework for coordinating federal, state and local efforts toward—
(A) anticipating the effects of alternative energy policies and practices;
(B) planning for accompanying growth and change so as to maximize the social and economic benefits and minimize the social and environmental costs; and
(C) implementing programs and projects carried out in the region by federal, state, and local governmental agencies so as to better meet the special problems generated in the region by the Nations 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 subsections (a) and (b), it is the purpose of this subtitle—
(A) to assist the Appalachian region in—
(i) providing the infrastructure necessary for economic and human resource development;
(ii) developing the regions industry;
(iii) building entrepreneurial communities;
(iv) generating a diversified regional economy; and
(v) making the regions industrial and commercial resources more competitive in national and world markets;
(B) to provide a framework for coordinating federal, state, and local initiatives to respond to the economic competitiveness challenges in the Appalachian region through—
(i) improving the skills of the regions workforce;
(ii) adapting and applying new technologies for the regions businesses, including eco-industrial development technologies; and
(iii) improving the access of the regions 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1252.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14101(a)40 App.:2(a).Pub. L. 894, § 2(a), Mar. 9, 1965, 79 Stat. 5; Pub. L. 94188, title I, § 102, Dec. 31, 1975, 89 Stat. 1079. 14101(b)40 App.:2(b).Pub. L. 894, § 2(b), as added Pub. L. 94188, title I, § 102, Dec. 31, 1975, 89 Stat. 1079; Pub. L. 107149, § 2(b)(1), Mar. 12, 2002, 116 Stat. 66. 14101(c)40 App.:2(c).Pub. L. 894, § 2(c), as added Pub. L. 105393, title II, § 202, Nov. 13, 1998, 112 Stat. 3618; Pub. L. 107149, § 2(b)(2), Mar. 12, 2002, 116 Stat. 66. In subsection (b)(1), the words “December 31, 1975” are substituted for “now” for clarity. In subsection (c)(1), the words “decade ending November 13, 1998” are substituted for “past decade” for clarity.
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# 40 U.S.C. § 14102 - Definitions
## Text
(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, 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, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Pulaski, Robertson, 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, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha.
(F) In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.
(G) In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
(H) In Ohio, the counties of Adams, Ashtabula, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and Washington.
(I) In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming.
(J) In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, Spartanburg, and Union.
(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, Lawrence, Lewis, 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.
(L) In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Henry, Highland, Lee, Montgomery, Patrick, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
(M) All the counties of West Virginia, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion.
(2) Local development district.— The term “local development district” means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate state officer, certifies to the Appalachian Regional Commission that the entity has a charter or authority that includes the economic development of 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, agencies, 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1254; Pub. L. 110371, § 7, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 11758, div. A, title I, § 11506(a), Nov. 15, 2021, 135 Stat. 584.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14102(a)(1)40 App.:403 (less last 2 pars.).Pub. L. 894, title IV, § 403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90103, title I, § 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91123, title I, § 110, Nov. 25, 1969, 83 Stat. 215; Pub. L. 101434, Oct. 17, 1990, 104 Stat. 985; Pub. L. 102240, title I, § 1087, Dec. 18, 1991, 105 Stat. 2022; Pub. L. 103437, § 14(e), Nov. 2, 1994, 108 Stat. 4591; Pub. L. 105178, title I, § 1222(a), June 9, 1998, 112 Stat. 223; Pub. L. 107149, §§ 11, 13(j), Mar. 12, 2002, 116 Stat. 70, 73. 14102(a)(2)40 App.:301.Pub. L. 894, title III, § 301, Mar. 9, 1965, 79 Stat. 19. 14102(b)40 App.:403 (last 2 pars.). In subsection (a)(2), the words “the appropriate state official” are substituted for “the State officer designated by the appropriate State law to make such certification” to eliminate unnecessary words. The words “No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following” are omitted as unnecessary. In subsection (b), the text of 40 App.:403 (last par.) is omitted as obsolete.
Editorial Notes
Amendments2021—Subsec. (a)(1)(G). Pub. L. 11758, § 11506(a)(1), inserted “Catawba,” after “Caldwell,” and “Cleveland,” after “Clay,”. Subsec. (a)(1)(J). Pub. L. 11758, § 11506(a)(2), substituted “Spartanburg, and Union” for “and Spartanburg”. Subsec. (a)(1)(M). Pub. L. 11758, § 11506(a)(3), inserted “, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion” after “West Virginia”. 2008—Subsec. (a)(1)(C). Pub. L. 110371, § 7(a), inserted “Metcalfe,” after “Menifee,”, “Nicholas,” after “Morgan,”, and “Robertson,” after “Pulaski,”. Subsec. (a)(1)(H). Pub. L. 110371, § 7(b), inserted “Ashtabula,” after “Adams,”, “Mahoning,” after “Lawrence,”, and “Trumbull,” after “Scioto,”. Subsec. (a)(1)(K). Pub. L. 110371, § 7(c), inserted “Lawrence, Lewis,” after “Knox,”. Subsec. (a)(1)(L). Pub. L. 110371, § 7(d), inserted “Henry,” after “Grayson,” and “Patrick,” after “Montgomery,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11758 effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as a note under section 101 of Title 23, Highways.
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# 40 U.S.C. § 14301 - Establishment, membership, and employees
## Text
(a) Establishment.— There is an Appalachian Regional Commission.
(b) Membership.— (1) Federal and state members.— The Commission is composed of the Federal Cochairman, appointed by the President by and with the advice and consent of the Senate, and the Governor of each participating State in the Appalachian region.
(2) Alternate members.— Each state member may have a single alternate, appointed by the Governor from among the members of the Governors cabinet or the Governors personal staff. The President,,11 So in original. shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. A state alternate shall not be counted toward the establishment of a quorum of the Commission when a quorum of the state members is required.
(3) Cochairmen.— The Federal Cochairman is one of the two 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 compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5. The Federal Cochairmans 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 Federal Cochairman, the staff of the Federal Cochairman, and federal employees detailed to the Commission under section 14306(a)(3) of this title.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1256; Pub. L. 112166, § 2(n), Aug. 10, 2012, 126 Stat. 1287.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14301(a), (b)(1)40 App.:101(a)(1) (1st, 3d sentences).Pub. L. 894, title I, § 101(a)(1), (c), (d), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94188, title I, §§ 103(1), (2), (4), (5), 104, Dec. 31, 1975, 89 Stat. 1079, 1080; Pub. L. 105393, title II, § 203(a)(1), (b)(2), Nov. 13, 1998, 112 Stat. 3619. 14301(b)(2)40 App.:101(c) (1st4th sentences). 14301(b)(3)40 App.:101(a)(1) (2d, last sentences). 14301(c)40 App.:101(d) (1st sentence, 2d sentence related to compensation, last sentence). 14301(d)(1)40 App.:101(c) (last sentence). 14301(d)(2)40 App.:101(d) (2d sentence related to delegation). 14301(e)40 App.:106(2) (2d sentence).Pub. L. 894, title I, § 106(2) (2d, last sentences), Mar. 9, 1965, 79 Stat. 8; Pub. L. 94188, title I, § 108, Dec. 31, 1975, 89 Stat. 1081. 14301(f)40 App.:106(2) (last sentence). In subsection (e), the words “The Commission has an executive director” are added for clarity.
Editorial Notes
Amendments2012—Subsec. (b)(2). Pub. L. 112166 struck out “by and with the advice and consent of the Senate” after “The President,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112166, set out as a note under section 113 of Title 6, Domestic Security.
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# 40 U.S.C. § 14302 - Decisions
## Text
(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 decision 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 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1257.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1430240 App.:101(b).Pub. L. 894, title I, § 101(b), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94188, title I, § 103(3), Dec. 31, 1975, 89 Stat. 1080; Pub. L. 105393, title II, § 203(c), Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107149, § 13(a), Mar. 12, 2002, 116 Stat. 71.
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# 40 U.S.C. § 14303 - Functions
## Text
(a) In General.— In carrying out the purposes of this subtitle, the Appalachian Regional Commission shall—
(1) develop, on a continuing basis, comprehensive and coordinated 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 agencies, 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 development districts;
(6) encourage private investment in industrial, commercial, and recreational projects;
(7) serve as a focal point and coordinating unit for Appalachian 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 technologies and approaches;
(10) seek to coordinate the economic development activities of, and the use of economic development resources by, federal agencies in the region; and
(11) support broadband access in the Appalachian region.
(b) Identify Needs and Goals of Subregional Areas.— In carrying 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1258; Pub. L. 11758, div. A, title I, § 11506(b), Nov. 15, 2021, 135 Stat. 584.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1430340 App.:102.Pub. L. 894, title I, § 102, Mar. 9, 1965, 79 Stat. 7; Pub. L. 90103, title I, § 102, Oct. 11, 1967, 81 Stat. 257; Pub. L. 94188, title I, § 105, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 107149, § 3, Mar. 12, 2002, 116 Stat. 66.
Editorial Notes
Amendments2021—Subsec. (a)(11). Pub. L. 11758 added par. (11).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11758 effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as a note under section 101 of Title 23, Highways.
Termination of Advisory CouncilsAdvisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
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title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
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chapter_name: "APPALACHIAN REGIONAL COMMISSION"
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# 40 U.S.C. § 14304 - Recommendations
## Text
The Appalachian Regional Commission may make recommendations 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
(2) additional federal, state, and local legislation or administrative actions as the Commission considers necessary to further the purposes of this subtitle.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1258.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1430440 App.:103.Pub. L. 894, title I, § 103, Mar. 9, 1965, 79 Stat. 7. Before clause (1), the words “from time to time” are omitted as unnecessary.
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# 40 U.S.C. § 14305 - Liaison between Federal Government and Commission
## Text
(a) President.— The President shall provide effective and continuing liaison between the Federal Government and the Appalachian 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 Interagency 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1259.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14305(a)40 App.:104(a).Pub. L. 894, title I, § 104(a), Mar. 9, 1965, 79 Stat. 8; Pub. L. 107149, § 4(1), Mar. 12, 2002, 116 Stat. 67. 14305(b)40 App.:104(b)Pub. L. 894, title I, § 104(b), as added Pub. L. 107149, § 4(2), Mar. 12, 2002, 116 Stat. 67.
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# 40 U.S.C. § 14306 - Administrative powers and expenses
## Text
(a) Powers.— To carry out its duties under this subtitle, the Appalachian Regional Commission may—
(1) adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and other personnel as necessary to enable the Commission to carry out its functions, except that the compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to detail to temporary duty with the Commission personnel within the administrative jurisdiction of the head of the department or agency that the Commission may need for carrying out its functions, each detail to be without loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any state or local 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 retirement and employee benefit system of Commission personnel who may not be eligible for, or continue in, another governmental 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 instrumentality of a State; or
(C) person;
(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 Appalachian region, except that the expenses of the Federal Cochairman, the alternate to the Federal Cochairman, and the staff of the Federal Cochairman shall be paid only by the Government. The Commission shall determine the amount to be paid by each State. The Federal Cochairman shall not participate or vote in that determination. Assistance authorized by this subtitle shall not be furnished to any State or to any political subdivision or any resident of any State, and a state member of the Commission shall not participate or vote in any decision by the Commission, while the State is delinquent in payment of its share of administrative expenses.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1259.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14306(a)40 App.:106(1), (2) (1st sentence), (3) (less words in parentheses), (4), (5) (1st sentence), (6), (7) (less words in last parentheses), (8), (9).Pub. L. 894, title I, § 106(1), (2) (1st sentence), (3)(9), Mar. 9, 1965, 79 Stat. 8; Pub. L. 90103, title I, § 104, Oct. 11, 1967, 81 Stat. 257; Pub. L. 9265, title II, § 203, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94188, title I, § 107, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 96506, § 3(2), Dec. 8, 1980, 94 Stat. 2746; Pub. L 105393, title II, §§ 205, 206, Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107149, § 13(b), Mar. 12, 2002, 116 Stat. 71. 14306(b)40 App.:106(3) (words in parentheses), (7) (words in last parentheses). 14306(c)40 App.:106(5) (last sentence). 14306(d)40 App.:105.Pub. L. 894, title I, § 105, Mar. 9, 1965, 79 Stat. 8; Pub. L. 90103, title I, § 103, Oct. 11, 1967, 81 Stat. 257; Pub. L. 91123, title I, § 102, Nov. 25, 1969, 83 Stat. 214; Pub. L. 9265, title II, § 202, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94188, title I, § 106, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 96506, § 3(1), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 9735, title XVIII, § 1822(a)(1), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105393, title II, § 204, Nov. 13, 1998, 112 Stat. 3619. In subsection (a)(6), the words “any property” are substituted for “property, real, personal, or mixed, tangible or intangible” to eliminate unnecessary words. In subsection (a)(7), before subclause (A), the words “notwithstanding any other provision of law” are omitted as unnecessary. In subclause (C), the words “firm, association, or corporation” are omitted as being included in the definition of “person” in 1:1. In subsection (c), the words “Director of the Office of Personnel Management” are substituted for “Civil Service Commission” in section 106(5) of the Appalachian Regional Development Act of 1965 (Public Law 894, 79 Stat. 8) because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). In subsection (d), the word “amount” is substituted for “share” for clarity.
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# 40 U.S.C. § 14307 - Meetings
## Text
(a) In General.— The Appalachian Regional Commission shall conduct at least one meeting each year with the Federal Cochairman and at least a majority of the state members present.
(b) Additional Meetings by Electronic Means.— The Commission may conduct additional meetings by electronic means as the Commission considers advisable, including meetings to decide matters requiring an affirmative vote.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1260.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1430740 App.:101(a)(2).Pub. L. 894, title I, § 101(a)(2), as added Pub. L. 105393, title II, § 203(a)(2), (b)(1), Nov. 13, 1998, 112 Stat. 3619.
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# 40 U.S.C. § 14308 - Information
## Text
(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 department 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
(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 Commission, 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 subsection (a)(2).
(c) Public Participation.— Public participation in the development, 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 minimum guidelines for public participation, including public hearings.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1260; Pub. L. 109284, § 6(31), Sept. 27, 2006, 120 Stat. 1213.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14308(a)40 App.:107(a)(1) (words before 5th comma), (2) (less words in parentheses), (3).Pub. L. 894, title I, § 107, Mar. 9, 1965, 79 Stat. 9; Pub. L. 94188, title I, § 109, Dec. 31, 1975, 89 Stat. 1081. 14308(b)(1)40 App.:107(a)(1) (words after 5th comma). 14308(b)(2)40 App.:107(a)(2) (words in parentheses). 14308(c)40 App.:107(b). In subsection (b)(1), the words “for the purpose” are omitted as unnecessary.
Editorial Notes
Amendments2006—Subsec. (b)(2). Pub. L. 109284 substituted “subsection (a)(2)” for “section (a)(2)”.
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# 40 U.S.C. § 14309 - Personal financial interests
## Text
(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 individuals knowledge, any of the following has a financial interest:
(A) the individual.
(B) the individuals 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 individual first advises the Commission of the nature and circumstances 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 substantial 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 subsection 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 alternate 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 to, or supplementation of, salary, for services on the Commission from a source other than the state, local, or intergovernmental department or agency from which the individual was detailed or from the Commission.
(3) Criminal penalty.— An individual violating this subsection 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 Cochairman, 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 202209 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 202209 of title 18.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1261.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14309(a)(1)40 App.:108(a) (1st sentence).Pub. L. 894, title I, § 108, Mar. 9, 1965, 79 Stat. 9. 14309(a)(2)40 App.:108(b). 14309(a)(3)40 App.:108(a) (last sentence). 14309(b)40 App.:108(c). 14309(c)40 App.:108(d). 14309(d)40 App.:108(e). In subsection (a), the words “proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other” are omitted as unnecessary. In subsection (a)(1), before clause (A), the words “in any way” are substituted for “through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise” to eliminate unnecessary words. In subsection (a)(3), the words “fined under title 18” are substituted for “fined not more than $10,000” for consistency with chapter 227 of title 18. In subsection (b)(3), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with chapter 227 of title 18. In subsection (c), the words “Notwithstanding any other subsection of this section” are omitted as unnecessary. The words “this section” are substituted for “any such subsection” to correct an apparent error in the source provision. In subsection (d), the words “in its discretion” are omitted as unnecessary.
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# 40 U.S.C. § 14310 - Annual report
## Text
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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1262.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1431040 App.:304.Pub. L. 894, title III, § 304, Mar. 9, 1965, 79 Stat. 20.
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# 40 U.S.C. § 14321 - Grants and other assistance
## Text
(a) Authorization To Make Grants.— (1) In general.— The Appalachian Regional Commission may make grants—
(A) for administrative expenses, including the development of areawide plans or action programs and technical assistance activities, of local development districts, but—
(i) the amount of the grant shall not exceed—
(I) 50 percent of administrative expenses;
(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or
(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;
(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 development district; and
(iii) the local development district contributions for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services;
(B) for assistance to States for a period of not more than two years to strengthen the state development planning process for the Appalachian region and the coordination of state planning under this subtitle, the Public Works 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 programs, 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), of the cost of any activity eligible for financial assistance under this section, not more than—
(i) 50 percent may be provided from amounts appropriated to carry out this subtitle;
(ii) 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, 80 percent may be provided from amounts appropriated to carry out this subtitle; or
(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.
(B) Discretionary grants.— (i) Grants to which percentage limitation doesnt apply.— Discretionary grants made by the Commission to implement significant regional initiatives, 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, except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID19) shall not be included in such aggregate amount.
(3) Sources of grants.— Grant amounts may be provided entirely from appropriations to carry out this section, in combination 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 Development.— (1) In general.— The Commission may provide assistance under this section for demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with the development of the regions 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
(B) $2,500,000 shall be obligated for indigenous arts and crafts demonstrations.
(c) Records.— (1) Commission.— The Commission, as required by the President, shall maintain accurate and complete records of transactions 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 federal assistance under this section, as required by the Commission, shall maintain accurate and complete records of transactions and activities financed with federal amounts and report to the Commission on the transactions and activities. The records are be 11 So in original. Probably should be preceded by “to”. available for audit by the President, the Comptroller General, and the Commission.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1262; Pub. L. 110371, § 2(a), Oct. 8, 2008, 122 Stat. 4037; Pub. L. 116136, div. B, title IV, § 14004, Mar. 27, 2020, 134 Stat. 526.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14321(a)(1)40 App.:302(a)(1)(A) (C) (1st sentence).Pub. L. 894, title III, § 302, Mar. 9, 1965, 79 Stat. 19; Pub. L. 90103, title I, § 120, Oct. 11, 1967, 81 Stat. 264; Pub. L. 91123, title I, § 108, Nov. 25, 1969, 83 Stat. 215; Pub. L. 9265, title II, § 211, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94188, title I, § 119, Dec. 31, 1975, 89 Stat. 1085; Pub. L. 105393, title II, §§ 218(d), 220(a)(c)(1), Nov. 13, 1998, 112 Stat. 3623, 3624; Pub. L. 107149, §§ 9, 13(c), Mar. 12, 2002, 116 Stat. 70, 71. 14321(a)(2)40 App.:302(a)(2). 14321(a)(3)40 App.:302(a)(1)(C) (2d sentence). 14321(a)(4)40 App.:302(a)(1)(C) (last sentence). 14321(b)40 App.:302(b). 14321(c)40 App.:302(c). In subsection (a)(2)(A), the words “after September 30, 1998” are omitted as obsolete. In subsection (b)(2), the words “including section 2(b)” are omitted as unnecessary. In subsection (c)(1), the words “or their duly authorized representatives” are omitted because of 3:301 and 31:711(2). In subsection (c)(2), the words “or their duly authorized representatives” are omitted because of 3:301 and 31:711(2) and because of the inferred authority of the Commission to delegate in the absence of a prohibition. See section 14301(d) of the revised title.
Editorial Notes
References in TextThe Public Works and Economic Development Act of 1965, referred to in subsec. (a)(1)(B), is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
Amendments2020—Subsec. (a)(2)(B)(ii). Pub. L. 116136 inserted before period at end “, except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID19) shall not be included in such aggregate amount”. 2008—Subsec. (a)(1)(A)(i). Pub. L. 110371, § 2(a)(1), added cl. (i) and struck out former cl. (i) which read as follows: “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 section 14526 of this title;”. Subsec. (a)(2)(A). Pub. L. 110371, § 2(a)(2), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “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.”
@@ -0,0 +1,51 @@
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# 40 U.S.C. § 14322 - Approval of development plans, strategy statements, and projects
## Text
(a) Annual Review and Approval Required.— The Appalachian Regional Commission annually shall review and approve, in accordance 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 statement;
(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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1264.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14322(a)40 App.:303 (1st sentence).Pub. L. 894, title III, § 303, Mar. 9, 1965, 79 Stat. 20; Pub. L. 90103, title I, § 121, Oct. 11, 1967, 81 Stat. 265; Pub. L. 94188, title I, § 120, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 107149, § 13(i), Mar. 12, 2002, 116 Stat. 72. 14322(b)40 App.:303 (2d, 3d sentences). 14322(c)40 App.:303 (last sentence).
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# 40 U.S.C. § 14323 - Congressional notification
## Text
(a) In General.— In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance.
(b) Projects Described.— A project referred to in subsection (a) is a project that the Appalachian Regional Commission has selected to receive a grant or other financial assistance under this subtitle in an amount not less than $50,000.
(Added Pub. L. 11758, div. A, title I, § 11506(c)(1), Nov. 15, 2021, 135 Stat. 584.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.
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# 40 U.S.C. § 14501 - Appalachian development highway system
## Text
(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 three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve specific recreational, residential, educational, 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 completed, 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 construction 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 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 Secretary, 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 highways and which the Secretary decides are not inconsistent with this subtitle shall apply to the system and roads, respectively.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1265; Pub. L. 108199, div. F, title I, § 123(a), Jan. 23, 2004, 118 Stat. 296.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14501(a)40 App.:201(a) (1st, 3d, last sentences).Pub. L. 894, title II, § 201, Mar. 9, 1965, 79 Stat. 10; Pub. L. 89670, § 8(b), Oct. 15, 1966, 80 Stat. 942; Pub. L. 90103, title I, § 106, Oct. 11, 1967, 81 Stat. 258; Pub. L. 91123, title I, § 103, Nov. 25, 1969, 83 Stat. 214; Pub. L. 9265, title II, § 204, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94188, title I, § 110, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95599, title I, § 138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96506, § 3(3), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 9735, title XVIII, § 1822(a)(2), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105178, title I, § 1117(c), title II, § 1212(a)(2)(B)(iii), June 9, 1998, 112 Stat. 160, 193. 14501(b)40 App.:201(b). 14501(c)40 App.:201(c) (1st sentence, last sentence words before “and each”). 14501(d)(1)40 App.:201(d). 14501(d)(2)40 App.:201(e). 14501(e)40 App.:201(f), (g). 14501(f)40 App.:201(h). 14501(g)(1)40 App.:201(a) (2d sentence words before 6th comma). 14501(g)(2)40 App.:201(a) (2d sentence words after 6th comma), (c) (last sentence words after “to such system”). In subsection (c), the text of 40 App.:201(c) (1st sentence) is omitted as obsolete because appropriations were not authorized under 40 App.:201(g) after fiscal year 1982. In subsection (e), the text of 40 App.:201(g) is omitted as obsolete.
Editorial Notes
Amendments2004—Subsec. (a). Pub. L. 108199, which directed substitution of “three thousand and ninety” for “three thousand and twenty-five” in third sentence, was executed by substituting “three thousand and ninety” for “3,025” in second sentence of subsec. (a) to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Appalachian Development Highway SystemPub. L. 112141, div. A, title I, § 1528, July 6, 2012, 126 Stat. 582, as amended by Pub. L. 11494, div. A, title I, § 1435, Dec. 4, 2015, 129 Stat. 1430, provided that: “(a) Sense of the Senate.—It is the Sense of the Senate that the timely completion of the Appalachian development highway system is a transportation priority in the national interest. “(b) Modified Federal Share for Projects on ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appalachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be up to 100 percent, as determined by the State. “(c) Federal Share for Other Funds Used on ADHS.—For fiscal years 2012 through 2050, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system program shall be up to 100 percent, as determined by the State. “(d) Completion Plan.—“(1) In general.—Subject to paragraph (2), not later than 1 year after the date of enactment of the MAP21 [deemed to be Oct. 1, 2012], each State represented on the Appalachian Regional Commission shall establish a plan for the completion of the designated corridors of the Appalachian development highway system within the State, including annual performance targets, with a target completion date. “(2) Significant uncompleted miles.—If the percentage of remaining Appalachian development highway system needs for a State, according to the latest cost to complete estimate for the Appalachian development highway system, is greater than 15 percent of the total cost to complete estimate for the entire Appalachian development highway system, the State shall not establish a plan under paragraph (1) that would result in a reduction of obligated funds for the Appalachian development highway system within the State for any subsequent fiscal year.”
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# 40 U.S.C. § 14502 - Demonstration health projects
## Text
(a) Purpose.— To demonstrate the value of adequate health facilities 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 treatment 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.— (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 provided 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 section 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 operation 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 operated 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 conducted 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 authorized to be appropriated by this section, may be made for up to—
(A) 50 percent of the cost of that operation;
(B) 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, 80 percent of the cost of that operation; or
(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.
(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.— Notwithstanding 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 Allotments.— Grants under this section—
(1) shall be made only out of amounts specifically appropriated 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 paragraphs (2) and (3), 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 contribution 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 authorized by this section.
(3) At-risk counties.— The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of—
(A) 70 percent; or
(B) the maximum Federal contribution percentage authorized by this section.
(g) Emphasis on Occupational Diseases From Coal Mining.— To provide for the further development of the Appalachian regions human resources, grants under this section shall give special emphasis to programs and research for the early detection, diagnosis, and treatment of occupational diseases arising from coal mining, such as black lung.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1266; Pub. L. 110371, § 2(b), Oct. 8, 2008, 122 Stat. 4038.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14502(a)40 App.:202(a) (1st sentence).Pub. L. 894, title II, § 202(a)(e), Mar. 9, 1965, 79 Stat. 11; Pub. L. 90103, title I, § 107, Oct. 11, 1967, 81 Stat. 259; Pub. L. 91123, title I, § 104, Nov. 25, 1969, 83 Stat. 214; Pub. L. 9265, title II, § 206, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94188, title I, § 111, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95193, § 1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96545, § 2, Dec. 18, 1980, 94 Stat. 3215; Pub. L. 105393, title II, § 207(a), (c), Nov. 13, 1998, 112 Stat. 3620; Pub. L. 107149, § 13(c), (d), Mar. 12, 2002, 116 Stat. 71. 14502(b)40 App.:202(d). 14502(c)(1), (2)40 App.:202(a) (2d sentence). 14502(c)(3) (5)40 App.:202(b). 14502(d)(1)40 App.:202(c) (5thlast sentences). 14502(d)(2), (3)40 App.:202(c) (1st, 2d sentences). 14502(d)(4)40 App.:202(c) (4th sentence). 14502(d)(5)40 App.:202(c) (3d sentence). 14502(e)40 App.:202(a) (last sentence). 14502(f)40 App.:202(f).Pub. L. 894, title II, § 202(f), as added Pub. L. 105393, title II, § 207(b), Nov. 13, 1998, 112 Stat. 3620. 14502(g)40 App.:202(e). In subsection (c)(1)(A)(ii), the words “where the acquisition of such facilities is the most cost-effective means for providing increased health services” are omitted as unnecessary because of the more narrow requirement that the Commission find that but for the acquisition of the facility, the health services would not be otherwise provided in the area served by the facility. In subsection (f)(1), the words “After September 30, 1998” are omitted as obsolete.
Editorial Notes
References in TextThe Public Health Service Act, referred to in subsec. (c)(2), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c)(2), is Pub. L. 106402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables. The Social Security Act, referred to in subsec. (d)(3), (5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Parts A and B of title IV of the Act are classified generally to parts A (§ 601 et seq.) and B (§ 620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of the Act is classified generally to subchapter XX (§ 1397 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2008—Subsec. (d)(2). Pub. L. 110371, § 2(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “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 authorized 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 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).” Subsec. (f)(1). Pub. L. 110371, § 2(b)(2)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”. Subsec. (f)(3). Pub. L. 110371, § 2(b)(2)(B), added par. (3).
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteeAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
@@ -0,0 +1,91 @@
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# 40 U.S.C. § 14503 - Assistance for proposed low- and middle-income housing projects
## Text
(a) Appalachian Housing Fund.— (1) Establishment.— There is an Appalachian Housing Fund.
(2) Source and use of amounts in fund.— Amounts allocated to the Secretary of Housing and Urban Development for the purposes of this section shall be deposited in the Fund. 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 Appalachian 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 subsection (b) for the cost of planning and obtaining financing (including the cost of 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) of a project described in that subsection may be made for up to—
(A) 50 percent of that cost;
(B) 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, 80 percent of that cost; or
(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.
(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 Secretary 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 repayment of a loan made under this section.
(e) Grants.— (1) In general.— A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall—
(A) not be made to an organization established for profit; and
(B) except as provided in paragraph (2), not exceed—
(i) 50 percent of those expenses;
(ii) 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, 80 percent of those expenses; or
(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.
(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, commitment, 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 Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical 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 authorizing assistance for low- and moderate-income housing.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1268; Pub. L. 110371, § 2(c), Oct. 8, 2008, 122 Stat. 4038.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14503(a)40 App.:207(d).Pub. L. 894, title II, § 207, as added Pub. L. 90103, title I, § 112, Oct. 11, 1967, 81 Stat. 261; Pub. L. 90448, title II, § 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91123, title I, § 106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 9265, title II, § 208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94188, title I, § 113, Dec. 31, 1975, 89 Stat. 1082; Pub. L. 105393, title II, § 212, Nov. 13, 1998, 112 Stat. 3621; Pub. L. 107149, § 13(e), Mar. 12, 2002, 116 Stat. 71. 14503(b)40 App.:207(a). 14503(c)40 App.:207(e) (words after “areas of the region”). 14503(d)40 App.:207(b). 14503(e)40 App.:207(c). 14503(f)40 App.:207(e) (words before “and may provide funds”). 14503(g)40 App.:207(f). Subsection (a)(1) is added for clarity and for consistency with other titles of the United States Code. In subsection (g), the words “notwithstanding such section” are omitted as unnecessary.
Editorial Notes
Amendments2008—Subsec. (d)(1). Pub. L. 110371, § 2(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “A loan under subsection (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.” Subsec. (e)(1). Pub. L. 110371, § 2(c)(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “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 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.”
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# 40 U.S.C. § 14504 - Telecommunications and technology initiative
## Text
(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 telecommunications, entrepreneurship, and management technologies or applications in the region;
(2) to provide education and training in the use of telecommunications 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.— Of the cost of any activity eligible for a grant under this section, not more than—
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent 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 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 limiting 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1270; Pub. L. 110371, § 2(d), Oct. 8, 2008, 122 Stat. 4039.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14504(a)40 App.:203(a).Pub. L. 894, title II, § 203, as added Pub. L. 107149, § 5, Mar. 12, 2002, 116 Stat. 67. 14504(b)40 App.:203(c). 14504(c)40 App.:203(b)(1). 14504(d)40 App.:203(b)(2).
Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110371 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “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 a grant under this section may be provided from amounts appropriated to carry out this section.”
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# 40 U.S.C. § 14505 - Entrepreneurship initiative
## Text
(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 property 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 advertising.
(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, entrepreneurial 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 implementing 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 services.
(c) Limitation on Available Amounts.— Of the cost of any activity eligible for a grant under this section, not more than—
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent 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 limiting 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110371, § 2(e), Oct. 8, 2008, 122 Stat. 4039.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14505(a)40 App.:204(a).Pub. L. 894, title II, § 204, as added Pub. L. 107149, § 6, Mar. 12, 2002, 116 Stat. 68. 14505(b)40 App.:204(b). 14505(c)40 App.:204(d). 14505(d)40 App.:204(c)(1). 14505(e)40 App.:204(c)(2).
Editorial Notes
Amendments2008—Subsec. (c). Pub. L. 110371 added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “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 a grant under this section may be provided from amounts appropriated to carry out this section.”
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# 40 U.S.C. § 14506 - Regional skills partnerships
## Text
(a) Eligible Entity.— In this section, the term “eligible entity” means a consortium that—
(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 represents 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 technology-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.— Of the cost of any activity eligible for a grant under this section, not more than—
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent 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 limiting 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110371, § 2(f), Oct. 8, 2008, 122 Stat. 4039.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14506(a)40 App.:205(a).Pub. L. 894, title II, § 205, as added Pub. L. 107149, § 7, Mar. 12, 2002, 116 Stat. 69. 14506(b)40 App.:205(b). 14506(c)40 App.:205(c). 14506(d)40 App.:205(e). 14506(e)40 App.:205(d)(1). 14506(f)40 App.:205(d)(2).
Editorial Notes
Amendments2008—Subsec. (d). Pub. L. 110371 added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “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 a grant under this section may be provided from amounts appropriated to carry out this section.”
@@ -0,0 +1,97 @@
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# 40 U.S.C. § 14507 - Supplements to federal grant programs
## Text
(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) chapter 2003 of title 54;
(iii) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.);
(iv) the Carl D. Perkins Career and Technical Education Act of 2006 (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 Development 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 development 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 constructed with federal grant assistance.— For the purpose of this section, any sewage treatment works constructed pursuant 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 constructed 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 activities 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 provided pursuant to this subtitle are available without regard to 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, certification, 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 paragraphs (2) and (3), 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 contribution 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.
(3) At-risk counties.— The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109270, § 2(j), Aug. 12, 2006, 120 Stat. 748; Pub. L. 110371, § 2(g), Oct. 8, 2008, 122 Stat. 4040; Pub. L. 113287, § 5(j)(7), Dec. 19, 2014, 128 Stat. 3269.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14507(a)40 App.:214(c).Pub. L. 894, title II, § 214, Mar. 9, 1965, 79 Stat. 17; Pub. L. 90103, title I, § 116, Oct. 11, 1967, 81 Stat. 263; Pub. L. 91123, title I, § 107, Nov. 25, 1969, 83 Stat. 215; Pub. L. 91258, title I, § 52(b)(5), May 21, 1970, 84 Stat. 235; Pub. L. 9265, title II, § 210, Aug. 5, 1971, 85 Stat. 171; Pub. L. 94188, title I, § 115, Dec. 31, 1975, 89 Stat. 1083; Pub. L. 96506, § 3(4), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 98524, § 4(e)(2), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 104208, div. A, title I, § 101(e) [title VII, § 709(a)(5)], Sept. 30, 1996, 110 Stat. 3009312; Pub. L. 105332, § 3(g), Oct. 31, 1998, 112 Stat. 3126, Pub. L. 105393, title II, § 217, Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107149, § 13(c), (f), Mar. 12, 2002, 116 Stat. 71. 14507(b)40 App.:214(a) (1st sentence). 14507(c)40 App.:214(a) (2d sentence). 14507(d)40 App.:214(a) (3d sentence). 14507(e)40 App.:214(a) (last sentence). 14507(f)40 App.:214(b)(1). 14507(g)40 App.:214(b)(2). In subsection (a)(1)(A), before subclause (i), the words “authorized by this Act or any other Act” are omitted as unnecessary. In subsection (a)(1)(B)(ii), the words “under this Act or any other Act” and “a form of” are omitted as unnecessary. In subsection (a)(2), the words “title II” are substituted for “section 8(c)” because of the general amendment and revision of the Federal Water Pollution Control Act by section 2 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92500, 86 Stat. 816). In subsection (g)(1), the words “after September 30, 1998” are omitted as obsolete.
Editorial Notes
References in TextThe Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(A)(i), is title III of Pub. L. 87128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Watershed Protection and Flood Prevention Act, referred to in subsec. (a)(1)(A)(iii), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(A)(iv), is Pub. L. 88210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Federal Water Pollution Control Act, referred to in subsec. (a)(1)(A)(v), (2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. Title II of the Act is classified generally to subchapter II (§ 1281 et seq.) of chapter 26 of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Public Health Service Act, referred to in subsec. (a)(1)(A)(vi), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Housing and Community Development Act of 1974, referred to in subsec. (a)(1)(A)(viii), is Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables. The Communications Act of 1934, referred to in subsec. (a)(1)(A)(ix), is act June 19, 1934, ch. 652, 48 Stat. 1064. Part IV of title III of the Act is classified generally to part IV (§ 390 et seq.) of subchapter III of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
Amendments2014—Subsec. (a)(1)(A)(ii). Pub. L. 113287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l4 et seq.)”. 2008—Subsec. (g)(1). Pub. L. 110371, § 2(g)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”. Subsec. (g)(3). Pub. L. 110371, § 2(g)(2), added par. (3). 2006—Subsec. (a)(1)(A)(iv). Pub. L. 109270 substituted “Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.
@@ -0,0 +1,53 @@
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# 40 U.S.C. § 14508 - Economic and energy development initiative
## Text
(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 Appalachian region for projects and activities—
(1) to promote energy efficiency in the Appalachian region to enhance the economic competitiveness of the Appalachian region;
(2) to increase the use of renewable energy resources, particularly biomass, in the Appalachian region to produce alternative transportation fuels, electricity, and heat; and
(3) to support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies that achieve a substantial reduction in emissions, including greenhouse gases, over the current baseline.
(b) Limitation on Available Amounts.— Of the cost of any activity eligible for a grant under this section, not more than—
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.
(c) Sources of Assistance.— Subject to subsection (b), grants provided under this section may be provided from amounts made available to carry out 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 limiting 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.
(Added Pub. L. 110371, § 3(a), Oct. 8, 2008, 122 Stat. 4040.)
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# 40 U.S.C. § 14509 - High-speed broadband deployment initiative
## Text
(a) In General.— The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region.
(b) Eligible Projects and Activities.— A project or activity eligible to be carried out under this section is a project or activity—
(1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or
(2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region.
(c) Limitation on Available Amounts.— Of the cost of any activity eligible for a grant under this section—
(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
(2) notwithstanding paragraph (1)—
(A) 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, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
(d) Sources of Assistance.— Subject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—
(1) under any other Federal program; or
(2) from any other source.
(e) Federal Share.— Notwithstanding any provision of law limiting 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 Appalachian Regional Commission determines to be appropriate.
(f) Request for Data.— Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on—
(1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and
(2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program.
(g) Requirement.— For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2).
(Added Pub. L. 11494, div. A, title I, § 1436(a)(1), Dec. 4, 2015, 129 Stat. 1430; amended Pub. L. 11758, div. A, title I, § 11506(d), Nov. 15, 2021, 135 Stat. 584.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 11758, § 11506(d)(1), added subsec. (a) and struck out former subsec. (a) which related to the Appalachian Regional Commission providing technical assistance, making grants, entering into contracts, or otherwise providing amounts to individuals or entities in the Appalachian region for projects and activities and specifying particular objectives in pars. (1) to (6). Subsec. (b). Pub. L. 11758, § 11506(d)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 11758, § 11506(d)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 11758, § 11506(d)(2), (4), redesignated subsec. (c) as (d) and substituted “subsection (c)” for “subsection (b)” in introductory provisions. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 11758, § 11506(d)(2), redesignated subsec. (d) as (e). Subsec. (f), (g). Pub. L. 11758, § 11506(d)(5), added subsecs. (f) and (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11758 effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as a note under section 101 of Title 23, Highways.
Effective DatePub. L. 11494, div. A, title I, § 1436(d), Dec. 4, 2015, 129 Stat. 1432, provided that: “This section [enacting this section and amending sections 14703 and 14704 of this title] and the amendments made by this section take effect on October 1, 2015.”
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# 40 U.S.C. § 14510 - Drug abuse mitigation initiative
## Text
(a) In General.— The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to address drug abuse, including opioid abuse, in the region, including projects and activities—
(1) to facilitate the sharing of best practices among States, counties, and other experts in the region with respect to reducing such abuse;
(2) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from such abuse;
(3) to attract and retain relevant health care services, businesses, and workers; and
(4) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine.
(b) Limitation on Available Amounts.— Of the cost of any activity eligible for a grant under this section—
(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
(2) notwithstanding paragraph (1)—
(A) 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, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
(c) Sources of Assistance.— Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—
(1) under any other Federal program (subject to the availability of subsequent appropriations); or
(2) from any other source.
(d) Federal Share.— Notwithstanding any provision of law limiting 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 Appalachian Regional Commission determines to be appropriate.
(Added Pub. L. 115271, title VIII, § 8062(a), Oct. 24, 2018, 132 Stat. 4094.)
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# 40 U.S.C. § 14511 - Appalachian regional energy hub initiative
## Text
(a) In General.— The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—
(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot;
(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and
(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks.
(b) Limitation on Available Amounts.— Of the cost of any project or activity eligible for a grant under this section—
(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section;
(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and
(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.
(c) Sources of Assistance.— Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available—
(1) under any other Federal program; or
(2) from any other source.
(d) Federal Share.— Notwithstanding any provision of law limiting 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 Appalachian Regional Commission determines to be appropriate.
(Added Pub. L. 11758, div. A, title I, § 11506(e)(1), Nov. 15, 2021, 135 Stat. 585.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.
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# 40 U.S.C. § 14521 - Required level of expenditure
## Text
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 States last two full fiscal years prior to March 9, 1965. In computing the level, a States 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 States average level of expenditure in an individual program has been disproportionate to the present need for that part of the State.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1274.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1452140 App.:221.Pub. L. 894, title II, § 221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90103, title I, § 117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101427, Oct. 15, 1990, 104 Stat. 927. The words “or such Federal officer or officers as the President may designate” are omitted because of 3:301.
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# 40 U.S.C. § 14522 - Consent of States
## Text
This subtitle does not require a State to engage in or accept a program under this subtitle without its consent.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1274.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1452240 App.:222.Pub. L. 894, title II, § 222, Mar. 9, 1965, 79 Stat. 18.
@@ -0,0 +1,49 @@
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# 40 U.S.C. § 14523 - Program implementation
## Text
(a) Requirements.— A program or project authorized under this chapter shall not be implemented until—
(1) the responsible federal official has decided that applications 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
(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 planning 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1274.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1452340 App.:223.Pub. L. 894, title II, § 223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90103, title I, § 118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94188, title I, § 116, Dec. 31, 1975, 89 Stat. 1083.
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# 40 U.S.C. § 14524 - Program development criteria
## Text
(a) Factors To Be Considered.— In considering programs and projects to be given assistance under this subtitle, and in establishing 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 competition 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 relocating from one area to another.
(c) Determination Required Before Amounts May Be Provided.— 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.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1275.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14524(a)40 App.:224(a).Pub. L. 894, title II, § 224(a), Mar. 9, 1965, 79 Stat. 18; Pub. L. 90103, title I, § 119(a), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105393, title II, § 218(a), (b), Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107149, §§ 8(a), 13(g), Mar. 12, 2002, 116 Stat. 70, 72. 14524(b)40 App.:224(b).Pub. L. 894, title II, § 224(b), Mar. 9, 1965, 79 Stat. 19; Pub. L. 90103, title I, § 119(b), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105393, title II, § 218(c), Nov. 13, 1998, 112 Stat. 3623. 14524(c)40 App.:224(c).Pub. L. 894, title II, § 224(c), as added Pub. L. 94188, title I, § 117, Dec. 31, 1975, 89 Stat. 1084. 14524(d)40 App.:224(d).Pub. L. 894, title II, § 224(d), as added Pub. L. 107149, § 8(b), Mar. 12, 2002, 116 Stat. 70.
@@ -0,0 +1,71 @@
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# 40 U.S.C. § 14525 - State development planning process
## Text
(a) State Development Plan.— Pursuant to policies the Appalachian Regional Commission establishes, each state member shall submit a development plan for the area of the State within the Appalachian region. The plan shall—
(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 development 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 planning 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 encourage the preparation and execution of areawide action programs that specify interrelated projects and schedules of actions, the necessary 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 practicable, federal departments, agencies, and instrumentalities undertaking 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 Governor may designate as the areawide agency required under any of those programs undertaken or assisted by those federal departments, agencies, and instrumentalities.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1275.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 14525(a)40 App.:225(a).Pub. L. 894, title II, § 225, as added Pub. L. 94188, title I, § 118, Dec. 31, 1975, 89 Stat. 1084; Pub. L. 107149, § 13(h), Mar. 12, 2002, 116 Stat. 72. 14525(b)40 App.:225(b)(2). 14525(c)40 App.:225(b)(1). 14525(d)40 App.:225(c).
Editorial Notes
References in TextThe Public Works and Economic Development Act of 1965, referred to in subsec. (a)(3)(C), is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552, which is classified principally to chapter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
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# 40 U.S.C. § 14526 - Distressed, at-risk, and economically strong counties
## Text
(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;
(B) designate as “at-risk counties” those counties in the Appalachian region that are most at risk of becoming economically distressed; and
(C) designate two categories of economically strong counties, consisting of—
(i) “competitive counties”, which shall be those counties in the region that are approaching economic parity with the rest of the United States; and
(ii) “attainment counties”, which shall be those counties in the region that have attained or exceeded economic 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 paragraphs (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 paragraphs (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 designated 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 existence of any of the following:
(i) a significant pocket of distress in the part of the county in which the project is carried out.
(ii) a significant potential benefit from the project in at least one area of the region outside the designated county.
(B) Reports to congress.— The Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report describing each waiver granted under subparagraph (A) during the period covered by the report.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110371, § 4(a), Oct. 8, 2008, 122 Stat. 4041.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1452640 App.:226.Pub. L. 894, title II, § 226, as added Pub. L. 105393, title II, § 219, Nov. 13, 1998, 112 Stat. 3623. In subsection (a)(1), before clause (A), the words “Not later than 90 days after November 13, 1988” are omitted as obsolete.
Editorial Notes
Amendments2008—Pub. L. 110371, § 4(a)(1), inserted “, at-risk,” after “Distressed” in section catchline. Subsec. (a)(1)(B), (C). Pub. L. 110371, § 4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).
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# 40 U.S.C. § 14701 - Applicable labor standards
## Text
All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are financially assisted through federal amounts authorized under this subtitle shall be paid wages at rates not less than those prevailing on similar construction in the locality as the Secretary of Labor determines in accordance with sections 31413144, 3146, and 3147 of this title. With respect to those labor standards, the Secretary has the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1278.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1470140 App.:402.Pub. L. 894, title IV, § 402, Mar. 9, 1965, 79 Stat. 21. The reference to 40:276(c) should be to 40:276c, restated as section 3145 of the revised title.
Editorial Notes
References in TextReorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
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# 40 U.S.C. § 14702 - Nondiscrimination
## Text
An individual in the United States shall not, because of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, a program or activity receiving federal financial assistance under this subtitle.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1278.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1470240 App.:223 note.Pub. L. 9265, title II, § 214, Aug. 5, 1971, 85 Stat. 173.
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# 40 U.S.C. § 14703 - Authorization of appropriations
## Text
(a) In General.— In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle—
(1) $87,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009;
(3) $105,000,000 for fiscal year 2010;
(4) $108,000,000 for fiscal year 2011;
(5) $110,000,000 for each of fiscal years 2012 through 2021; and
(6) $200,000,000 for each of fiscal years 2022 through 2026.
(b) Economic and Energy Development Initiative.— Of the amounts made available under subsection (a), the following amounts may be used to carry out section 14508—
(1) $12,000,000 for fiscal year 2008;
(2) $12,500,000 for fiscal year 2009;
(3) $13,000,000 for fiscal year 2010;
(4) $13,500,000 for fiscal year 2011; and
(5) $14,000,000 for fiscal year 2012.
(c) High-speed Broadband Deployment Initiative.— Of the amounts made available under subsection (a), $20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026.
(d) Appalachian Regional Energy Hub Initiative.— Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.
(e) Availability.— Amounts made available under subsection (a) remain available until expended.
(f) Allocation of Funds.— Funds approved by the Appalachian Regional Commission for a project in a State in the Appalachian region pursuant to a congressional directive shall be derived from the total amount allocated to the State by the Appalachian Regional Commission from amounts appropriated to carry out this subtitle.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1278; Pub. L. 110371, § 5, Oct. 8, 2008, 122 Stat. 4041; Pub. L. 11494, div. A, title I, § 1436(b), Dec. 4, 2015, 129 Stat. 1431; Pub. L. 116159, div. B, title I, § 1107(a), Oct. 1, 2020, 134 Stat. 727; Pub. L. 11758, div. A, title I, § 11506(f), Nov. 15, 2021, 135 Stat. 586.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1470340 App.:401.Pub. L. 894, title IV, § 401, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90103, title I, § 122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91123, title I, § 109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 9265, title II, § 212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94188, title I, § 121, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96506, § 3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 9735, title XVIII, § 1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767; Pub. L 105393, title II, § 221, Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107149, § 10, Mar. 12, 2002, 116 Stat. 70.
Editorial Notes
Amendments2021—Subsec. (a)(6). Pub. L. 11758, § 11506(f)(1), added par. (6). Subsec. (c). Pub. L. 11758, § 11506(f)(2), substituted “$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026” for “$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021”. Subsecs. (d) to (f). Pub. L. 11758, § 11506(f)(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2020—Subsec. (a)(5). Pub. L. 116159, § 1107(a)(1), substituted “2021” for “2020”. Subsec. (c). Pub. L. 116159, § 1107(a)(2), substituted “2021” for “2020”. 2015—Subsec. (a)(5). Pub. L. 11494, § 1436(b)(1), substituted “each of fiscal years 2012 through 2020” for “fiscal year 2012”. Subsecs. (c) to (e). Pub. L. 11494, § 1436(b)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 2008—Subsec. (a). Pub. L. 110371, § 5(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations to the Appalachian Regional Commission for fiscal years 2002 to 2006. Subsec. (b). Pub. L. 110371, § 5(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) authorized appropriations to carry out section 14504 of this title for fiscal years 2002 to 2006. Subsec. (d). Pub. L. 110371, § 5(c), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11758 effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1436(d) of Pub. L. 11494, set out as an Effective Date note under section 14509 of this title.
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# 40 U.S.C. § 14704 - Termination
## Text
This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to be in effect on October 1, 2026.
(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1278; Pub. L. 109289, div. B, title II, § 20326, as added Pub. L. 1105, § 2, Feb. 15, 2007, 121 Stat. 22; Pub. L. 110371, § 6, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 11494, div. A, title I, § 1436(c), Dec. 4, 2015, 129 Stat. 1431; Pub. L. 116159, div. B, title I, § 1107(b), Oct. 1, 2020, 134 Stat. 727; Pub. L. 11758, div. A, title I, § 11506(g), Nov. 15, 2021, 135 Stat. 586.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 1470440 App.:405.Pub. L. 894, title IV, § 405, Mar. 9, 1965, 79 Stat. 23; Pub. L. 91123, title I, § 111, Nov. 25, 1969, 83 Stat. 216; Pub. L. 9265, title II, § 213, Aug. 5, 1971, 85 Stat. 173; Pub. L. 94188, title I, § 122(a), Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96506, § 3(6), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 105178, title I, § 1222(b) (1st sentence), June 9, 1998, 112 Stat. 224; Pub. L. 105393, title II, § 222, Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107149, § 12, Mar. 12, 2002, 116 Stat. 71.
Editorial Notes
Amendments2021—Pub. L. 11758 substituted “2026” for “2021”. 2020—Pub. L. 116159 substituted “2021” for “2020”. 2015—Pub. L. 11494 substituted “2020” for “2012”. 2008—Pub. L. 110371 substituted “2012” for “2007”. 2007—Pub. L. 109289, § 20326, as added by Pub. L. 1105, substituted “October 1, 2007” for “October 1, 2006”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11758 effective Oct. 1, 2021, see section 10003 of Pub. L. 11758, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1436(d) of Pub. L. 11494, set out as an Effective Date note under section 14509 of this title.
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# 40 U.S.C. § 15101 - Definitions
## Text
In this subtitle, the following definitions apply:
(1) Commission.— The term “Commission” means a Commission or Authority established under section 15301.
(2) Local development district.— The term “local development district” means an entity that—
(A) (i) is an economic development district that is—
(I) in existence on the date of the enactment of this chapter; and
(II) located in the region; or
(ii) if an entity described in clause (i) does not exist—
(I) is organized and operated in a manner that ensures broad-based community participation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the region;
(II) is governed by a policy board with at least a simple majority of members consisting of—
(aa) elected officials; or
(bb) designees or employees of a general purpose unit of local government that have been appointed to represent the unit of local government; and
(III) is certified by the Governor or appropriate State officer as having a charter or authority that includes the economic development of counties, portions of counties, or other political subdivisions within the region; and
(B) has not, as certified by the Federal Cochairperson—
(i) inappropriately used Federal grant funds from any Federal source; or
(ii) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity.
(3) Federal grant program.— The term “Federal grant program” means a Federal grant program to provide assistance in carrying out economic and community development activities.
(4) Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).11 See References in Text note below.
(5) Nonprofit entity.— The term “nonprofit entity” means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that has been formed for the purpose of economic development.
(6) Region.— The term “region” means the area covered by a Commission as described in subchapter II of chapter 157.22 So in original. Probably means chapter 4 of this subtitle.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1468, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2230; amended Pub. L. 117328, div. O, title IV, § 401(a)(2), Dec. 29, 2022, 136 Stat. 5228.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this chapter, referred to in par. (2)(A)(i)(I), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008. Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (4), was classified to section 450b of Title 25, Indians, prior to editorial reclassification and renumbering as section 5304 of Title 25. Section 501 of the Internal Revenue Code of 1986, referred to in par. (5), is classified to section 501 of Title 26, Internal Revenue Code.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2022—Par. (1). Pub. L. 117328 inserted “or Authority” after “a Commission”.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this subtitle and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture. Pub. L. 110234, title XIV, § 14217(d), May 22, 2008, 122 Stat. 1482, and Pub. L. 110246, § 4(a), title XIV, § 14217(d), June 18, 2008, 122 Stat. 1664, 2244, provided that: “This section [enacting this subtitle, redesignating former subtitle V as subtitle VI of this title, and amending section 11 of the Inspector General Act of 1978, Pub. L. 95452, set out in the Appendix to Title 5, Government Organization and Employees], and the amendments made by this section, shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [June 18, 2008].” [Pub. L. 110234 and Pub. L. 110246 enacted identical provisions. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.]
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# 40 U.S.C. § 15301 - Establishment, membership, and employees
## Text
(a) Establishment.— There are established the following regional Commissions:
(1) The Southeast Crescent Regional Commission.
(2) The Southwest Border Regional Commission.
(3) The Northern Border Regional Commission.
(4) The Great Lakes Authority.
(5) The Mid-Atlantic Regional Commission.
(6) The Southern New England Regional Commission.
(b) Membership.— (1) Federal and state members.— Each Commission shall be composed of the following members:
(A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate.
(B) The Governor of each participating State in the region of the Commission.
(2) Alternate members.— (A) Alternate federal cochairperson.— The President shall appoint an alternate Federal Cochairperson for each Commission. The alternate Federal Cochairperson, when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson.
(B) State alternates.— The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the members of the Governors cabinet or personal staff.
(C) Voting.— (i) In general.— An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate.
(ii) State alternates.— If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place.
(3) Cochairpersons.— A Commission shall be headed by—
(A) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Commission; and
(B) a State Cochairperson, who shall be a Governor of a participating State in the region and shall be elected by the State members for a term of not less than 1 year.
(4) Consecutive terms.— A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms.
(c) Compensation.— (1) Federal cochairpersons.— Each Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5.
(2) Alternate federal cochairpersons.— Each Federal Cochairpersons alternate shall be compensated by the Federal Government at level V of the Executive Schedule as set out in section 5316 of title 5.
(3) State members and alternates.— Each State member and alternate shall be compensated by the State that they represent at the rate established by the laws of that State.
(d) Executive Director and Staff.— (1) In general.— A Commission shall appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out its duties. Compensation under this paragraph may not exceed the maximum rate of basic pay established 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 that title.
(2) Executive director.— The executive director shall be responsible for carrying out the administrative duties of the Commission, directing the Commission staff, and such other duties as the Commission may assign.
(e) No Federal Employee Status.— No member, alternate, officer, or employee of a Commission (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Commission) shall be considered to be a Federal employee for any purpose.
(f) Succession.— Subject to the time limitations under section 3346 of title 5, the Federal Cochairperson may designate an employee of the Commission to perform the functions and duties of the office of the Federal Cochairperson temporarily in an acting capacity if both the Federal Cochairperson and the alternate Federal Cochairperson die, resign, or otherwise are unable to perform the functions and duties of their offices.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1469, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2231; amended Pub. L. 115334, title VI, § 6304(f), Dec. 20, 2018, 132 Stat. 4752; Pub. L. 117328, div. O, title IV, § 401(a)(1), Dec. 29, 2022, 136 Stat. 5228; Pub. L. 118272, div. B, title II, §§ 2242(a), 2249(a), 2250(a), Jan. 4, 2025, 138 Stat. 3202, 3209.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2025—Subsec. (a)(5). Pub. L. 118272, § 2249(a), added par. (5). Subsec. (a)(6). Pub. L. 118272, § 2250(a), added par. (6). Subsec. (b)(2)(C). Pub. L. 118272, § 2242(a)(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii). Subsec. (f). Pub. L. 118272, § 2242(a)(2), substituted “an employee” for “a Federal employee”. 2022—Subsec. (a)(4). Pub. L. 117328 added par. (4). 2018—Subsec. (f). Pub. L. 115334 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110246, set out as a note under section 15101 of this title.
Establishment of the Northwest Regional CommissionPub. L. 11974, div. B, title IV, Jan. 23, 2026, 140 Stat. 90, provided that: “For expenses necessary to establish a Northwest Regional Commission located in Washington, Oregon, Idaho, and Montana, $1,000,000, to remain available until expended: Provided, That amounts provided to the Northwest Regional Commission shall be used to carry out activities authorized for other regional Commissions by subtitle V of title 40, United States Code.”
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# 40 U.S.C. § 15302 - Decisions
## Text
(a) Requirements for Approval.— Except as provided in section 15304(c)(3), decisions by the Commission shall require the affirmative vote of the Federal Cochairperson and a majority of the State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).
(b) Consultation.— In matters coming before the Commission, the Federal Cochairperson shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter.
(c) Quorums.— (1) In general.— Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission.
(2) Requirements.— Any quorum for meetings of a Commission shall include—
(A) the Federal Cochairperson or the alternate Federal Cochairperson; and
(B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).
(d) Projects and Grant Proposals.— The approval of project and grant proposals shall be a responsibility of each Commission and shall be carried out in accordance with section 15503.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232; amended Pub. L. 118272, div. B, title II, § 2242(b), Jan. 4, 2025, 138 Stat. 3202.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2025—Subsec. (a). Pub. L. 118272, § 2242(b)(1), inserted “or alternate State members, including designees” after “State members”. Subsec. (c). Pub. L. 118272, § 2242(b)(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “A Commission shall determine what constitutes a quorum for Commission meetings; except that— “(1) any quorum shall include the Federal Cochairperson or the alternate Federal Cochairperson; and “(2) a State alternate member shall not be counted toward the establishment of a quorum.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110246, set out as a note under section 15101 of this title.
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# 40 U.S.C. § 15303 - Functions
## Text
A Commission shall—
(1) assess the needs and assets of its region based on available research, demonstration projects, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups;
(2) develop, on a continuing basis, comprehensive and coordinated economic and infrastructure development strategies to establish priorities and approve grants for the economic development of its region, giving due consideration to other Federal, State, and local planning and development activities in the region;
(3) not later than one year after the date of the enactment of this section, and after taking into account State plans developed under section 15502, establish priorities in an economic and infrastructure development plan for its region, including 5-year regional outcome targets;
(4) (A) enhance the capacity of, and provide support for, local development districts in its region; or
(B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district;
(5) encourage private investment in industrial, commercial, and other economic development projects in its region;
(6) cooperate with and assist State governments with the preparation of economic and infrastructure development plans and programs for participating States;
(7) formulate and recommend to the Governors and legislatures of States that participate in the Commission forms of interstate cooperation and, where appropriate, international cooperation; and
(8) work with State and local agencies in developing appropriate model legislation to enhance local and regional economic development.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in par. (3), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110246, set out as a note under section 15101 of this title.
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# 40 U.S.C. § 15304 - Administrative powers and expenses
## Text
(a) Powers.— In carrying out its duties under this subtitle, a Commission may—
(1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate;
(2) authorize, through the Federal or State Cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath;
(3) request from any Federal, State, or local agency such information as may be available to or procurable by the agency that may be of use to the Commission in carrying out the duties of the Commission;
(4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties by the Commission;
(5) request the head of any Federal agency, State agency, or local government to detail to the Commission such personnel as the Commission requires to carry out its duties, each such detail to be without loss of seniority, pay, or other employee status, which may be done without a requirement for the Commission to reimburse the agency or local government;
(6) provide for coverage of Commission employees in a suitable retirement and employee benefit system by making arrangements or entering into contracts with any participating State government or otherwise providing retirement and other employee coverage;
(7) accept, use, and dispose of gifts or donations or services or real, personal, tangible, or intangible property;
(8) collect fees for services provided and retain and expend such fees;
(9) enter into and perform such contracts, cooperative agreements, or other transactions as are necessary to carry out Commission duties, including any contracts or cooperative agreements with a department, agency, or instrumentality of the United States, a State (including a political subdivision, agency, or instrumentality of the State), or a person, firm, association, or corporation; and
(10) establish and maintain a central office at such location in its region as the Commission may select.
(b) Federal Agency Cooperation.— A Federal agency shall—
(1) cooperate with a Commission; and
(2) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this subtitle, in accordance with applicable Federal laws (including regulations).
(c) Administrative Expenses.— (1) In general.— Subject to paragraph (2), the administrative expenses of a Commission shall be paid—
(A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Commission; and
(B) by the States participating in the Commission, in an amount equal to 50 percent of the administrative expenses.
(2) Expenses of the federal cochairperson.— All expenses of the Federal Cochairperson, including expenses of the alternate and staff of the Federal Cochairperson, shall be paid by the Federal Government.
(3) State share.— (A) In general.— Subject to subparagraph (B), the share of administrative expenses of a Commission to be paid by each State of the Commission shall be determined by a majority vote of the State members of the Commission.
(B) No federal participation.— The Federal Cochairperson shall not participate or vote in any decision under subparagraph (A).
(C) Delinquent states.— During any period in which a State is more than 1 year delinquent in payment of the States share of administrative expenses of the Commission under this subsection—
(i) no assistance under this subtitle shall be provided to the State (including assistance to a political subdivision or a resident of the State) for any project not approved as of the date of the commencement of the delinquency; and
(ii) no member of the Commission from the State shall participate or vote in any action by the Commission.
(4) Effect on assistance.— A States share of administrative expenses of a Commission under this subsection shall not be taken into consideration when determining the amount of assistance provided to the State under this subtitle.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1471, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2233; amended Pub. L. 115334, title VI, § 6304(a), Dec. 20, 2018, 132 Stat. 4749; Pub. L. 118272, div. B, title II, § 2242(c), Jan. 4, 2025, 138 Stat. 3203.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2025—Subsec. (a)(5). Pub. L. 118272, § 2242(c)(1), inserted “, which may be done without a requirement for the Commission to reimburse the agency or local government” after “status”. Subsec. (a)(8), (9). Pub. L. 118272, § 2242(c)(2), (3), added par. (8) and redesignated former par. (8) as (9). Former par. (9) redesignated (10). Subsec. (a)(10). Pub. L. 118272, § 2242(c)(2), (4), redesignated par. (9) as (10) and struck out “maintain a government relations office in the District of Columbia and” before “establish and maintain a central office”. 2018—Subsec. (c)(3)(A). Pub. L. 115334 substituted “majority” for “unanimous”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110246, set out as a note under section 15101 of this title.
@@ -0,0 +1,57 @@
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title: "40 U.S.C. § 15305"
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title_number: 40
title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
chapter_number: "153"
chapter_name: "REGIONAL COMMISSIONS"
section: "15305"
citation: "40 U.S.C. § 15305"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 40 U.S.C. § 15305 - Meetings
## Text
(a) Initial Meeting.— Each Commission shall hold an initial meeting not later than 180 days after the date of the enactment of this section.
(b) Annual Meeting.— Each Commission shall conduct at least 1 meeting each year with—
(1) the Federal Cochairperson; and
(2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means.
(c) Additional Meetings.— Each Commission shall conduct additional meetings at such times as it determines and may conduct such meetings by electronic means.
(Added Pub. L. 110234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235; amended Pub. L. 118272, div. B, title II, § 2242(d), Jan. 4, 2025, 138 Stat. 3203.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2025—Subsec. (b). Pub. L. 118272 substituted “with—” and pars. (1) and (2) for “with the Federal Cochairperson and at least a majority of the State members present.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110246, set out as a note under section 15101 of this title.

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