-CITE-
    40 USC TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    
-HEAD-    
             TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS         

-MISC1-
     THIS TITLE WAS ENACTED BY PUB. L. 107-217, SEC. 1, AUG. 21, 2002,
                              116 STAT. 1062

                                                                
    Subtitle                                                         Sec.
    I.      FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES             101
    II.     PUBLIC BUILDINGS AND WORKS                              3101
    III.    INFORMATION TECHNOLOGY MANAGEMENT                      11101
    IV.     APPALACHIAN REGIONAL DEVELOPMENT                       14101
    V.      MISCELLANEOUS                                          17101

       TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 40   
    --------------------------------------------------------------------
                Title 40                            Title 40            
            Former Sections                       New Sections          
    --------------------------------------------------------------------
    1, 1a                              Rep.                             
    2                                  Rep.                             
    3                                  Rep.                             
    4                                  Rep.                             
    5                                  Rep.                             
    5a                                 Rep.                             
    6                                  Rep.                             
    7                                  Rep.                             
    7a                                 Rep.                             
    8-13                               Rep.                             
    13a, 13a note                      6111                             
    13b                                6112                             
    13c                                6113                             
    13d                                Rep.                             
    13e                                6114                             
    13f                                6122                             
    13g                                6131                             
    13h                                6132                             
    13i                                6133                             
    13j                                6134                             
    13k                                6135                             
    13l                                6102                             
    13m                                6137                             
    13n(a)                             6121                             
    13n(b)                             6123                             
    13n(c)                             6121                             
    13n(d)                             6101                             
    13o                                6136                             
    13p                                6101                             
    14-18a                             Rep.                             
    19                                 8101                             
    20, 21                             Rep.                             
    22                                 Rep.                             
    22a-22c                            8143                             
    23, 24                             Rep.                             
    25                                 Rep.                             
    26                                 Rep.                             
    27                                 Rep.                             
    27a                                Rep.                             
    28                                 Rep.                             
    29                                 Rep.                             
    30                                 Rep.                             
    30a                                Rep.                             
    31                                 8108                             
    32, 33                             Rep.                             
    33a                                Rep.                             
    34                                 8141                             
    35                                 8142                             
    36-37a                             Rep.                             
    38                                 Rep.                             
    39                                 Rep.                             
    40                                 Rep.                             
    40a                                Rep. (Transferred to former 278  
                                        prior to repeal)                
    41                                 Rep.                             
    42                                 8165                             
    43                                 8107                             
    44                                 Rep.                             
    45-48                              9501                             
    49                                 9503                             
    50                                 9504                             
    51, 52                             9502                             
    53                                 Rep.                             
    53a                                Elim.                            
    54                                 9507                             
    55                                 9505                             
    56                                 9506                             
    57                                 Rep.                             
    58                                 Elim.                            
    59                                 Rep.                             
    60                                 Elim.                            
    60a                                8161                             
    61                                 Elim.                            
    62                                 Elim.                            
    63                                 Elim.                            
    64                                 8122                             
    65                                 Elim.                            
    66                                 8121                             
    67                                 Elim.                            
    68                                 8106                             
    69                                 Elim.                            
    70                                 Elim.                            
    71(a)                              8701                             
    71(b)                              8702                             
    71a(a)(1)                          8711                             
    71a(a)(2)                          8712                             
    71a(a)(3), (4)                     8721                             
    71a(b), (c)                        8711                             
    71a(d)                             8721                             
    71a(e), 71a note                   8711                             
    71b                                Rep.                             
    71c(a)                             8721                             
    71c(b), (c)                        Rep.                             
    71c(d), (e) (1st par.)             8721                             
    71c(e) (last par.)                 8722                             
    71d                                8722                             
    71e                                Rep.                             
    71f                                8723                             
    71g(a)-(c)                         8724                             
    71g(d)                             8725                             
    71h                                8711                             
    71i                                8726                             
    72                                 8731                             
    72a                                8732                             
    72b                                8733                             
    72c, 72d                           8734                             
    72e                                8736                             
    73 (1st, 2d sentences)             8737                             
    73 (3d-last sentences)             8731                             
    74                                 8711                             
    74a-74c                            8735                             
    75                                 Elim.                            
    76                                 Elim.                            
    77                                 Elim.                            
    77a                                Rep.                             
    78                                 Elim.                            
    79                                 8123                             
    80                                 Elim.                            
    81                                 Elim.                            
    82                                 8125                             
    83                                 Elim.                            
    84                                 Elim.                            
    85                                 Elim.                            
    86                                 Elim.                            
    87                                 Elim.                            
    88                                 Elim.                            
    89                                 8126                             
    90                                 Elim.                            
    91                                 Rep.                             
    92                                 Elim.                            
    92a                                Elim.                            
    93                                 Elim.                            
    94                                 Elim.                            
    95                                 Elim.                            
    96                                 Elim.                            
    97                                 Elim.                            
    98                                 Elim.                            
    99                                 Elim.                            
    100                                8127                             
    101                                8103                             
    102                                8162                             
    103                                8163                             
    104 (1st, 2d sentences)            9101                             
    104 (3d-6th sentences)             9102                             
    104 (last sentence words           9103                             
     before comma)                                                      
    104 (last sentence words after     9101                             
     comma)                                                             
    105                                9103                             
    106                                9104                             
    107                                Elim.                            
    108                                Elim.                            
    109-112                            Rep.                             
    112a                               Rep.                             
    113                                8144                             
    114                                Rep.                             
    115                                Rep.                             
    115a                               Rep.                             
    116-119                            Rep.                             
    120                                Rep.                             
    121                                8104                             
    122, 123                           8124                             
    124 (words before proviso)         9301                             
    124 (proviso)                      9302                             
    125 (words before semicolon)       9303                             
    125 (words after semicolon)        9304                             
    126                                Rep.                             
    127                                9301 note                        
    128                                8105                             
    129                                585 note                         
    129a-130a                          8164                             
    131                                8302                             
    132                                8303                             
    133                                8304                             
    134                                Rep.                             
    135                                8301                             
    136(a)                             8501                             
    136(b), (c)                        8502                             
    136(d)                             (See Sec. 49-103 of the D.C.     
                                        Official Code)                  
    136(e)                             Rep.                             
    136(f)                             8501                             
    136(g)(1), (2)                     Rep.                             
    136(h)-(j)                         8501                             
    137                                8102                             
    138                                Rep.                             
    161                                T. 2 Sec. 1801 note              
    161a                               Rep.                             
    162                                T. 2 Sec. 1811                   
    162-1                              T. 2 Sec. 1801                   
    162a                               T. 2 Sec. 1802                   
    162b                               T. 2 Sec. 1868                   
    163                                T. 2 Sec. 1812                   
    163a                               T. 2 Sec. 1813                   
    163b                               T. 2 Sec. 1803                   
    164                                Rep.                             
    164a                               T. 2 Sec. 1804                   
    165                                Rep.                             
    166                                T. 2 Sec. 1814                   
    166a                               Rep.                             
    166a-1                             T. 2 Sec. 1861                   
    166b                               Rep.                             
    166b-1                             Rep.                             
    166b-1a                            T. 2 Sec. 1841                   
    166b-1b                            T. 2 Sec. 1842                   
    166b-1c                            T. 2 Sec. 1843                   
    166b-1d                            T. 2 Sec. 1844                   
    166b-1e                            T. 2 Sec. 1845                   
    166b-1f                            T. 2 Sec. 1846                   
    166b-2                             T. 2 Sec. 1850                   
    166b-3                             T. 2 Sec. 1847                   
    166b-3a                            T. 2 Sec. 1848                   
    166b-3b                            T. 2 Sec. 1849                   
    166b-4                             T. 2 Sec. 1851                   
    166b-5                             T. 2 Sec. 1852                   
    166b-6                             T. 2 Sec. 1832                   
    166b-7                             T. 2 Sec. 1831                   
    166c                               Elim.                            
    166d                               T. 2 Sec. 1818                   
    166e                               T. 2 Sec. 1863                   
    166f                               T. 2 Sec. 1864                   
    166g                               T. 2 Sec. 1867                   
    166h                               T. 2 Sec. 1862                   
    166i                               T. 2 Sec. 1815                   
    166j                               T. 2 Sec. 1816                   
    166k                               T. 2 Sec. 1819                   
    166l                               T. 2 Sec. 1865                   
    166m                               T. 2 Sec. 1820                   
    167                                T. 2 Sec. 1833                   
    167a                               Rep.                             
    168                                T. 2 Sec. 1834                   
    168a                               Rep.                             
    169                                T. 2 Sec. 2012                   
    170                                T. 2 Sec. 2184                   
    170a                               (Previously transferred to T. 2  
                                        Sec. 117b-1)                    
    171                                T. 2 Sec. 1817                   
    172                                Rep.                             
    173                                T. 2 Sec. 2185                   
    174                                Rep.                             
    174a                               Rep.                             
    174b                               Elim.                            
    174b-1                             T. 2 Sec. 2021                   
    174b-2                             T. 2 Sec. 2022                   
    174c                               T. 2 Sec. 2023                   
    174d                               T. 2 Sec. 2024                   
    174d-1                             T. 2 Sec. 2181                   
    174e                               T. 2 Sec. 1866                   
    174f-174j                          Rep.                             
    174j-1                             T. 2 Sec. 2042                   
    174j-2                             Rep.                             
    174j-3                             T. 2 Sec. 2043                   
    174j-4                             T. 2 Sec. 2044                   
    174j-5                             T. 2 Sec. 2045                   
    174j-6                             T. 2 Sec. 2046                   
    174j-7                             T. 2 Sec. 2047                   
    174j-8                             T. 2 Sec. 2048                   
    174j-9                             T. 2 Sec. 2049                   
    174j-10                            T. 2 Sec. 2050                   
    174k                               T. 2 Sec. 2041                   
    175                                T. 2 Sec. 2001                   
    175a                               T. 2 Sec. 2002                   
    176                                T. 2 Sec. 2003                   
    177                                T. 2 Sec. 2004                   
    178                                T. 2 Sec. 2005                   
    179                                T. 2 Sec. 2006                   
    180                                T. 2 Sec. 2007                   
    181                                T. 2 Sec. 2008                   
    182                                T. 2 Sec. 2009                   
    183                                T. 2 Sec. 2010                   
    184                                T. 2 Sec. 2011                   
    184a                               T. 2 Sec. 2161                   
    184b-184f                          Rep.                             
    184g                               T. 2 Sec. 2062                   
    185                                T. 2 Sec. 2162                   
    185a                               T. 2 Sec. 2025                   
    186                                T. 10 Sec. 4689                  
    187                                T. 2 Sec. 2131                   
    187a                               T. 2 Sec. 2132                   
    188                                T. 2 Sec. 2133                   
    188a                               T. 2 Sec. 2081                   
    188a-1                             T. 2 Sec. 2082                   
    188a-2                             T. 2 Sec. 2083                   
    188a-3                             T. 2 Sec. 2084                   
    188a-4                             T. 2 Sec. 2085                   
    188a-5                             T. 2 Sec. 2086                   
    188b                               T. 2 Sec. 2101                   
    188b-1                             T. 2 Sec. 2102                   
    188b-2                             T. 2 Sec. 2103                   
    188b-3                             T. 2 Sec. 2104                   
    188b-4                             T. 2 Sec. 2105                   
    188b-5                             T. 2 Sec. 2106                   
    188b-6                             T. 2 Sec. 2107                   
    188c                               T. 2 Sec. 2121                   
    188c-1                             T. 2 Sec. 2122                   
    189                                T. 2 Sec. 2134                   
    190                                T. 2 Sec. 2135                   
    190a                               Rep.                             
    190b                               T. 2 Sec. 2182                   
    191                                Rep.                             
    192                                Rep.                             
    193                                T. 2 Sec. 2183                   
    193a                               5102                             
    193b                               5103                             
    193c-193g                          5104                             
    193h                               5109                             
    193i                               5105                             
    193j, 193k                         5106                             
    193l                               5107                             
    193m(1)                            5101                             
    193m(2)-(5)                        5104                             
    193m-1                             5108                             
    193n                               6306                             
    193o                               6302                             
    193p, 193q                         6303                             
    193r                               6304                             
    193s                               6307                             
    193t                               6306                             
    193u                               6305                             
    193v                               6301                             
    193w                               Rep.                             
    193x                               6306                             
    194-205                            Rep.                             
    206                                T. 2 Sec. 1901                   
    206-1                              T. 2 Sec. 1902                   
    206a - 206a-8                      Elim. (Previously transferred to 
                                        former 206 notes)               
    206a-9                             T. 2 Sec. 1903                   
    206b                               T. 2 Sec. 1924                   
    206c                               T. 2 Sec. 1925                   
    206d                               T. 2 Sec. 1971                   
    206d-1                             T. 2 Sec. 1972                   
    206e                               T. 2 Sec. 1973                   
    207                                T. 2 Sec. 1921                   
    207a                               T. 2 Sec. 1922                   
    207b                               T. 2 Sec. 1923                   
    207b-1                             T. 2 Sec. 1926                   
    206b-2                             T. 2 Sec. 1927                   
    207c                               T. 2 Sec. 1951                   
    207c-1                             T. 2 Sec. 1952                   
    207c-2                             T. 2 Sec. 1953                   
    207c-3                             T. 2 Sec. 1954                   
    207d                               T. 2 Sec. 1904                   
    207e                               T. 2 Sec. 1905                   
    208                                T. 2 Sec. 1928                   
    209                                T. 2 Sec. 1929                   
    210                                T. 2 Sec. 1941                   
    210a                               T. 2 Sec. 1942                   
    211                                T. 2 Sec. 1943                   
    212                                T. 2 Sec. 1944, 1944 notes       
    212a                               T. 2 Sec. 1961                   
    212a-1                             T. 2 Sec. 1962, 1962 notes       
    212a-2                             T. 2 Sec. 1966                   
    212a-3                             T. 2 Sec. 1967                   
    212a-4                             T. 2 Sec. 1964                   
    212a-4a                            T. 2 Sec. 1965                   
    212a-5                             T. 2 Sec. 1968                   
    212b                               T. 2 Sec. 1969                   
    212c                               T. 2 Sec. 1970                   
    213                                Rep.                             
    213a                               Elim.                            
    214                                T. 2 Sec. 1963                   
    214a                               Rep.                             
    214b                               T. 2 Sec. 2061                   
    214c                               T. 2 Sec. 2063                   
    214d                               T. 2 Sec. 2064                   
    214e                               T. 2 Sec. 2065                   
    215                                T. 2 Sec. 2141                   
    216                                T. 2 Sec. 2142                   
    216a                               T. 2 Sec. 2145                   
    216b                               T. 2 Sec. 2143                   
    216c                               T. 2 Sec. 2146                   
    216d                               T. 2 Sec. 2144                   
    217                                Rep.                             
    217a                               T. 2 Sec. 2147                   
    217b                               Rep.                             
    217c                               T. 2 Sec. 2167                   
    218-220                            Rep.                             
    221                                Rep.                             
    222                                Rep.                             
    223                                T. 2 Sec. 2163                   
    224                                T. 2 Sec. 2164                   
    231                                (Previously transferred to       
                                        former T. 44 Sec. 300 prior to  
                                        repeal)                         
    232, 232a                          (Previously transferred to       
                                        former T. 44 Sec. 300a prior to 
                                        repeal)                         
    232b                               Rep.                             
    233-241                            (Previously transferred to       
                                        former T. 44:300c-300k prior to 
                                        repeal)                         
    251                                Rep.                             
    252                                Rep.                             
    253                                311                              
    254                                Rep.                             
    255 (1st-5th pars.)                3111                             
    255 (last par.)                    3112                             
    256                                Rep.                             
    257                                3113                             
    258                                Rep.                             
    258a, 258b                         3114                             
    258c                               3115                             
    258d                               3118                             
    258e                               3115                             
    258e-1                             3116                             
    258f                               3117                             
    259, 260                           Rep.                             
    261                                3171                             
    262-265                            Rep.                             
    265a                               Rep.                             
    266, 267                           Rep.                             
    267a                               Rep.                             
    268, 269                           Rep.                             
    269a                               Rep.                             
    270                                Rep.                             
    270a                               3131                             
    270a note                          3132                             
    270b, 270c                         3133                             
    270d, 270d-1                       3131                             
    270e, 270f                         3134                             
    271                                Rep.                             
    272                                Rep.                             
    273-276                            Rep.                             
    276a(a)                            3142                             
    276a(b) (1st par. words before     3141                             
     proviso)                                                           
    276a(b) (1st par. proviso,         3142                             
     last par.)                                                         
    276a-1                             3143                             
    276a-2                             3144                             
    276a-3                             3146                             
    276a-4                             Rep.                             
    276a-5                             3147                             
    276a-6                             Rep.                             
    276a-7                             3148                             
    276b                               Rep.                             
    276c                               3145                             
    276d                               3161                             
    276d-1 - 276d-3                    3162                             
    277                                Rep.                             
    277a                               Rep.                             
    278, 278a                          Rep.                             
    278b                               Rep.                             
    278c                               Rep.                             
    279-281                            Rep.                             
    282                                Rep.                             
    283                                3104                             
    284                                Rep.                             
    285                                3101                             
    285a                               Elim.                            
    286                                3105                             
    287                                Rep.                             
    288                                Elim.                            
    289                                Elim.                            
    289a                               (See former 289)                 
    290                                3172                             
    291                                3103                             
    292                                Rep.                             
    293                                3173                             
    294                                Rep.                             
    295                                3174                             
    296                                Rep.                             
    297-298                            Rep.                             
    298a                               3175                             
    298b                               3176                             
    298c                               Rep.                             
    298d                               3102                             
    301                                1301                             
    302-303a                           Rep.                             
    303b                               1302                             
    303c                               T. 16 Sec. 3b                    
    304                                1305                             
    304a-304e                          1303                             
    304f-304m                          1306                             
    305                                1311                             
    306                                1312                             
    307                                Rep.                             
    308, 309                           1313                             
    310                                1309                             
    311, 311a                          Rep.                             
    311b                               1308                             
    312                                Rep.                             
    313                                Rep.                             
    313-1                              Rep.                             
    313-2                              Rep.                             
    313a                               Rep.                             
    314                                1310                             
    314a                               Rep.                             
    315                                Rep.                             
    316                                1307                             
    317                                Rep.                             
    318-318d                           1315                             
    319                                1314                             
    319 note                           1314                             
    319a                               1314                             
    319a note                          1314                             
    319b                               1314                             
    319b note                          1314                             
    319c                               1314                             
    319c note                          1314                             
    321, 322                           Rep.                             
    323                                Rep.                             
    324-326                            Rep.                             
    327                                Rep.                             
    328                                3702                             
    329                                3701                             
    330                                3703                             
    331                                3706                             
    332                                3708                             
    333(a)-(e)                         3704                             
    333(f)                             3705                             
    334                                3707                             
    341-342a                           Rep.                             
    343                                Rep.                             
    344, 345                           Rep.                             
    345a                               Rep.                             
    345b, 345c, 345c note              1304                             
    346-350a                           Rep.                             
    351                                (See former 33a)                 
    352-355                            Rep.                             
    356                                Rep.                             
    356a                               Rep.                             
    357                                Rep.                             
    361-386, 401                       Rep.                             
    402-410                            Rep.                             
    411                                Rep.                             
    411a                               Rep.                             
    412                                Rep.                             
    413                                Rep.                             
    414                                Rep.                             
    421-425                            Rep.                             
    431-434                            Rep.                             
    435                                Rep.                             
    436                                Rep.                             
    437                                Rep.                             
    438                                Rep.                             
    439                                Rep.                             
    440                                Rep.                             
    441                                Rep.                             
    442                                Rep.                             
    443                                Rep.                             
    444                                Rep.                             
    451-455                            Rep.                             
    456                                Rep.                             
    457                                Rep.                             
    458                                Rep.                             
    459                                Rep.                             
    460                                3501                             
    461                                Rep.                             
    462(a), (b)                        3502                             
    462(c)                             Rep.                             
    462(d)                             3502                             
    462(e)                             3503                             
    462(f)                             3504                             
    462(g)                             3505                             
    462(h)                             Rep.                             
    471                                101                              
    472                                102                              
    473                                112                              
    474(a)                             Rep.                             
    474(b)                             (See T. 5 Sec. 901 note)         
    474(c)-(e)                         113                              
    475(a)                             125                              
    475(b)                             124                              
    476                                122                              
    481(a)                             501                              
    481(b)                             502                              
    481(c)                             503                              
    481(d)                             504                              
    481(e)                             505                              
    482                                Rep.                             
    483(a)(1) (1st sentence)           521                              
    483(a)(1) (last sentence)          522                              
    483(a)(2)                          523                              
    483(b), (c)                        524                              
    483(d)                             525                              
    483(e)                             529                              
    483(f)                             Rep.                             
    483(g)                             526                              
    483(h)                             527                              
    483a                               Rep.                             
    483b                               528                              
    483c                               Rep.                             
    483d                               556                              
    484(a)                             541                              
    484(b)                             542                              
    484(c)                             543                              
    484(d)                             544                              
    484(e)                             545                              
    484(f)                             546                              
    484(g), (h)                        547                              
    484(i)                             548                              
    484(j)                             549                              
    484(k)                             550                              
    484(l )                            551                              
    484(m)                             552                              
    484(n)                             549                              
    484(o )                            Rep.                             
    484(p)                             553                              
    484(q)                             554                              
    484(r)                             555                              
    484-1                              557                              
    484a                               Rep.                             
    484b                               Rep.                             
    484c                               Rep.                             
    484d                               558                              
    485(a)                             571                              
    485(b)                             572                              
    485(c)-(g)                         574                              
    485(h)                             572                              
    485(i)                             573                              
    485a                               571                              
    486, 486a                          121                              
    487                                506                              
    488                                559                              
    489                                123                              
    490(a)                             581                              
    490(b)                             582                              
    490(c)                             583                              
    490(d)                             582                              
    490(e)                             584                              
    490(f)                             592                              
    490(g)                             588                              
    490(h)                             585                              
    490(i)                             589                              
    490(j), (k)                        586                              
    490(l )                            587                              
    490 notes                          587, 591                         
    490a, 490a-1                       592                              
    490b, 490b note, 490b-1            590                              
    490c                               593                              
    490d, 490e                         585                              
    490f                               586                              
    490g                               592                              
    490h                               587                              
    490i                               592                              
    491(a)                             601                              
    491(b) (related to                 602                              
     establishment)                                                     
    491(b) (related to                 603                              
     determination), (c)                                                
    491(d)                             605                              
    491(e)                             603                              
    491(f) (1st sentence)              607                              
    491(f) (last sentence)             610                              
    491(g), (h)                        604                              
    491(i)                             608                              
    491(j)                             606                              
    491(k)                             609                              
    491(l )                            611                              
    492                                126                              
    493                                Rep.                             
    511                                701                              
    512(a)                             704                              
    512(b)                             703                              
    512(c)                             702                              
    513                                705                              
    514                                701                              
    521-524                            Rep.                             
    531                                901                              
    532                                904                              
    533                                903                              
    534                                905                              
    535(a), (b)                        902                              
    535(c)                             904                              
    541                                1102                             
    542                                1101                             
    543                                1103                             
    544                                1104                             
    551-554                            Rep.                             
    601                                3302                             
    601a                               3306                             
    602                                3304                             
    602a                               Rep.                             
    603                                3305                             
    604                                3304                             
    605                                3305                             
    606(a)-(e), (f) (related to        3307                             
     this section)                                                      
    606(f) (related to 40:603(b))      3305                             
    607                                3309                             
    608                                3305                             
    609                                3308                             
    610                                3314                             
    611                                3303                             
    612, 612a(1), (2)                  3301                             
    612a(3)-(8)                        3306                             
    613                                3301                             
    614                                3313                             
    615                                3315                             
    616                                Elim.                            
    617                                3311                             
    618                                3310                             
    619                                3312                             
    651, 652, 661-665, 671             Rep.                             
    672                                Elim.                            
    681                                Elim.                            
    682, 683                           Rep.                             
    684                                Rep.                             
    685                                Rep.                             
    701                                17102                            
    701 note, 702                      17103                            
    703                                17101                            
    721                                17302                            
    722, 722a                          17303                            
    723 (1st sentence, 2d sentence     17304                            
     words before 2d proviso)                                           
    723 (2d sentence 2d, last          17303                            
     provisos, last sentence)                                           
    724                                17305                            
    725                                17306                            
    726                                17307                            
    727                                17308                            
    728                                17309                            
    729(a) (1st, 2d sentences)         17301                            
    729(a) (last sentence)             17301, 17306                     
    729(b)-(d)                         17301                            
    751(a)                             301                              
    751(b), (c)                        302                              
    751(d)                             Rep.                             
    751(e)                             Rep.                             
    751(f)                             121                              
    752(a)                             303                              
    752(b)                             Rep.                             
    752(c), 753                        303                              
    754                                121                              
    755                                Rep.                             
    755a                               312                              
    756(a)-(c)                         321                              
    756(d)                             Rep.                             
    756(e), (f)                        321                              
    756(g) (1st-3d sentences)          313                              
    756(g) (last sentence), 756a,      321                              
     756b                                                               
    757                                322                              
    758                                311                              
    759                                Rep.                             
    760                                304                              
    761, 761a                          323                              
    762                                18101                            
    762a                               18102                            
    762b                               18103                            
    762c                               Rep.                             
    762d                               18104                            
    771                                17701                            
    781                                17702                            
    782                                17703                            
    783                                17704                            
    784                                17705                            
    785                                17706                            
    786                                17707                            
    791                                17708                            
    792                                Rep.                             
    795                                17901                            
    795a                               17902                            
    795b                               17903                            
    795c                               17904                            
    795d                               Rep.                             
    801-809                            Rep.                             
    811(a) (1st, 2d sentences)         6902                             
    811(a) (last sentence)             6901                             
    811(b)                             Rep.                             
    811(c)                             Rep.                             
    811(d)                             Rep.                             
    812                                Rep.                             
    813(a)                             6910                             
    813(b)                             Rep.                             
    814                                Rep.                             
    815(a)-(c)                         Rep.                             
    815(d)                             6903                             
    816(a)(1)                          6904                             
    816(a)(2)                          Rep.                             
    816(b)                             6904                             
    817                                6906                             
    818                                6908                             
    819(a)                             Rep.                             
    819(b)                             Rep.                             
    819(c)                             6907                             
    819(d)                             6909                             
    819a                               6905                             
    821 (related to creation)          6921                             
    821 (related to duties)            6922                             
    822(a)                             6921                             
    822(b)                             6923                             
    822(c)                             6922                             
    823                                6924                             
    831                                T. 2 Sec. 2165                   
    851                                T. 2 Sec. 2166                   
    871                                6711                             
    872                                Rep.                             
    872 notes                          6701, 6702                       
    873                                Rep.                             
    874                                Rep.                             
    875                                Rep.                             
    876(a)                             6712                             
    876(b)                             6713                             
    877(a)                             Rep.                             
    877(b)-(d)                         6714                             
    878                                6715                             
    879(a)                             Rep.                             
    879(b)                             6701                             
    880                                6716                             
    881                                Rep.                             
    882                                Rep.                             
    883                                Rep.                             
    884                                Rep.                             
    885                                Rep.                             
    901                                17502                            
    902                                17503                            
    903                                17504                            
    904                                17505                            
    905                                Rep.                             
    906                                Rep.                             
    907                                17506                            
    908                                17507                            
    909                                17508                            
    910                                17509                            
    911                                17510                            
    912                                Rep.                             
    913                                17501                            
    1001                               8901                             
    1002                               8902                             
    1003                               8903                             
    1004                               8904                             
    1005, 1006                         8908                             
    1007                               8905                             
    1008                               8906                             
    1009                               8907                             
    1010(a)                            8909                             
    1010(b)                            8903                             
    1010(c), (d)                       8909                             
    1010(e)                            8902                             
    1101                               Rep.                             
    1101 note                          6734                             
    1102(a)(1)                         Rep.                             
    1102(a)(2) (1st sentence)          6733                             
    1102(a)(2) (last sentence)         6734                             
    1102(a)(3)                         Rep.                             
    1102(b)                            Rep.                             
    1103(a)                            Rep.                             
    1103(b)                            6734                             
    1103(c)-(g)                        Rep.                             
    1104(a), (b)(1), (2)(A)            Rep.                             
    1104(b)(2)(B)                      6734                             
    1104(b)(2)(C), (D), (words         Rep.                             
     after (D)), (c)                                                    
    1104(d)                            6734                             
    1104(e)                            Rep.                             
    1104(f)                            6733                             
    1104(g)                            6732                             
    1104(h), (i)                       Rep.                             
    1105                               6734                             
    1106                               Elim.                            
    1107                               Elim.                            
    1108                               6731 note                        
    1109                               6731                             
    1201                               Rep.                             
    1201 note                          6502                             
    1202(a)(1)-(5)                     Rep.                             
    1202(a)(6)                         6502                             
    1202(a)(7)                         Rep.                             
    1202(a)(8)                         6502                             
    1202(b)(1)                         Rep.                             
    1202(b)(2)(A)                      Rep.                             
    1202(b)(2)(B), (C)                 6502                             
    1202(b)(2)(D) (words before        Rep.                             
     "and the lease")                                                   
    1202(b)(2)(D) (words after         6504                             
     "provisions of this chapter")                                      
    1202(b)(2) (words after (D))       Rep.                             
    1202(c)-(e)                        6502                             
    1203(a), (b)                       6504                             
    1203(c)                            6502                             
    1203(d)                            6504                             
    1204                               6505                             
    1205                               6506                             
    1206                               6503                             
    1207                               6507                             
    1208                               6501                             
    1301                               18301                            
    1302(1), (2)                       18302                            
    1302(3)                            18303                            
    1302(4), (5)                       18302                            
    1302(6), 1303                      18303                            
    1304                               18304                            
    1401                               11101                            
    1411                               11301                            
    1412                               11302                            
    1413                               11303                            
    1421                               11311                            
    1422                               11312                            
    1423                               11313                            
    1424                               11314                            
    1425(a)                            (See T. 44 Sec. 3506)            
    1425(b)-(d)                        11315                            
    1426                               11316                            
    1427                               11317                            
    1428                               11318                            
    1441                               11331                            
    1441 notes                         11332                            
    1442                               11102                            
    1451, 1452                         11103                            
    1461                               11704                            
    1471                               11501                            
    1472                               11502                            
    1473                               11503                            
    1474                               11504                            
    1475                               11505                            
    1491                               11521                            
    1492                               11522                            
    1501                               11701                            
    1502                               11702                            
    1503                               11703                            
    T. 40 App. Sec. 1                  Rep.                             
    T. 40 App. Sec. 2                  14101                            
    T. 40 App. Sec. 101(a)(1)          14301                            
    T. 40 App. Sec. 101(a)(2)          14307                            
    T. 40 App. Sec. 101(b)             14302                            
    T. 40 App. Sec. 101(c), (d)        14301                            
    T. 40 App. Sec. 102                14303                            
    T. 40 App. Sec. 103                14304                            
    T. 40 App. Sec. 104                14305                            
    T. 40 App. Sec. 105, 106(1),       14306                            
     (2) (1st sentence)                                                 
    T. 40 App. Sec. 106(2) (2d,        14301                            
     last sentences)                                                    
    T. 40 App. Sec. 106(3)-(9)         14306                            
    T. 40 App. Sec. 107                14308                            
    T. 40 App. Sec. 108                14309                            
    T. 40 App. Sec. 109                (See T. 5 Sec. 5334)             
    T. 40 App. Sec. 201                14501                            
    T. 40 App. Sec. 202                14502                            
    T. 40 App. Sec. 203                14504                            
    T. 40 App. Sec. 204                14505                            
    T. 40 App. Sec. 205                14506                            
    T. 40 App. Sec. 206                Rep.                             
    T. 40 App. Sec. 207                14503                            
    T. 40 App. Sec. 208, 211-213       Rep.                             
    T. 40 App. Sec. 214                14507                            
    T. 40 App. Sec. 221                14521                            
    T. 40 App. Sec. 222                14522                            
    T. 40 App. Sec. 223                14523                            
    T. 40 App. Sec. 223 note           14702                            
    T. 40 App. Sec. 224                14524                            
    T. 40 App. Sec. 225                14525                            
    T. 40 App. Sec. 226                14526                            
    T. 40 App. Sec. 301                14102                            
    T. 40 App. Sec. 302                14321                            
    T. 40 App. Sec. 303                14322                            
    T. 40 App. Sec. 304                14310                            
    T. 40 App. Sec. 401                14703                            
    T. 40 App. Sec. 402                14701                            
    T. 40 App. Sec. 403                14102                            
    T. 40 App. Sec. 404                Rep.                             
    T. 40 App. Sec. 405                14704                            
    --------------------------------------------------------------------

            EFFECTIVE DATE OF 2003 AMENDMENT BY PUB. L. 108-178        
      Pub. L. 108-178, enacting and amending notes set out below,
    effective Aug. 21, 2002, see section 5 of Pub. L. 108-178, set out
    as an Effective Date of 2003 Amendment note under section 5334 of
    Title 5, Government Organization and Employees.

                              ENACTING CLAUSE                          
      Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062, provided
    in part that: "Certain general and permanent laws of the United
    States, related to public buildings, property, and works, are
    revised, codified, and enacted as title 40, United States Code,
    'Public Buildings, Property, and Works' ".

                   LEGISLATIVE PURPOSE AND CONSTRUCTION               
      Pub. L. 108-178, Sec. 1, Dec. 15, 2003, 117 Stat. 2637, provided
    that:
      "(a) Purpose. - The purpose of this Act [see Tables for
    classification] is to improve the United States Code by making
    necessary technical changes.
      "(b) No Substantive Change. - This Act makes no substantive
    change in existing law and may not be construed as making a
    substantive change in existing law.
      "(c) Severability. - If a provision enacted by this Act is held
    invalid, all valid provisions that are severable from the invalid
    provision remain in effect. If a provision enacted by this Act is
    held invalid in any of its applications, the provision remains
    valid for all valid applications that are severable from any of the
    invalid applications."
      Pub. L. 107-217, Sec. 5, Aug. 21, 2002, 116 Stat. 1303, provided
    that:
      "(a) Purpose. - The purpose of this Act is to revise, codify, and
    enact without substantive change the general and permanent laws of
    the United States related to public buildings, property, and works,
    in order to remove ambiguities, contradictions, and other
    imperfections and to repeal obsolete, superfluous, and superseded
    provisions.
      "(b) No Substantive Change. - 
        "(1) In general. - This Act makes no substantive change in
      existing law and may not be construed as making a substantive
      change in existing law.
        "(2) Deemed date of enactment for certain purposes. - For
      purposes of determining whether one provision of law supersedes
      another based on enactment later in time, and otherwise to ensure
      that this Act makes no substantive change in existing law, the
      date of enactment of a provision restated in section 1 or 2 of
      this Act is deemed to remain unchanged, continuing to be the date
      of enactment of the underlying provision of public law that is
      being restated.
        "(3) Inconsistent laws enacted after March 31, 2002. - This Act
      restates certain laws enacted before April 1, 2002. Any law
      enacted after March 31, 2002, that is inconsistent with this Act,
      including any law purporting to amend or repeal a provision that
      is repealed by this Act, supersedes this Act to the extent of the
      inconsistency.
      "(c) References. - A reference to a law replaced by section 1 or
    2 of this Act, including a reference in a regulation, order, or
    other law, is deemed to refer to the corresponding provision
    enacted by this Act.
      "(d) Continuing Effect. - An order, rule, or regulation in effect
    under a law replaced by section 1 or 2 of this Act continues in
    effect under the corresponding provision enacted by this Act until
    repealed, amended, or superseded.
      "(e) Actions and Offenses Under Prior Law. - An action taken or
    an offense committed under a law replaced by section 1 or 2 of this
    Act is deemed to have been taken or committed under the
    corresponding provision enacted by this Act.
      "(f) Inferences. - An inference of a legislative construction is
    not to be drawn by reason of the location in the United States Code
    of a provision enacted by this Act or by reason of a caption or
    catch line of the provision.
      "(g) Severability. - If a provision enacted by this Act is held
    invalid, all valid provisions that are severable from the invalid
    provision remain in effect. If a provision enacted by this Act is
    held invalid in any of its applications, the provision remains
    valid for all valid applications that are severable from any of the
    invalid applications."

                                  REPEALS                              
      Pub. L. 108-178, Sec. 2(b), Dec. 15, 2003, 117 Stat. 2640,
    provided that: "Section 6(b) of Public Law 107-217 (116 Stat. 1304)
    [see below] is repealed insofar as it relates to the provisions
    listed below, and the provisions listed below are revived to read
    as if section 6(b) had not been enacted:
        "(1) Section 1(a) of the Act of June 30, 1949 (ch. 288, 63
      Stat. 377) [41 U.S.C. 251 note].
        "(2) Section 509(b) of the Department of Education Organization
      Act (Public Law 96-88, 93 Stat. 695) [20 U.S.C. 3508(b)].
        "(3) Public Law 101-427 (104 Stat. 927) [23 U.S.C. 101 note].
        "(4) Section 7306 of the Federal Acquisition Streamlining Act
      of 1994 (Public Law 103-355, 108 Stat. 3384)."
      Pub. L. 107-217, Sec. 6(a), Aug. 21, 2002, 116 Stat. 1304,
    provided that: "The repeal of a law by this Act may not be
    construed as a legislative inference that the provision was or was
    not in effect before its repeal."
      Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304, as
    amended by Pub. L. 108-178, Sec. 2, Dec. 15, 2003, 117 Stat. 2637,
    repealed specified laws, except for rights and duties that matured,
    penalties that were incurred, and proceedings that were begun
    before Aug. 21, 2002.

-End-

-CITE-
    40 USC SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE
           SERVICES                                        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

-HEAD-
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

-MISC1-
    Chapter                                                          Sec.
    1.      GENERAL                                                  101
    3.      ORGANIZATION OF GENERAL SERVICES ADMINISTRATION          301
    5.      PROPERTY MANAGEMENT                                      501
    7.      FOREIGN EXCESS PROPERTY                                  701
    9.      URBAN LAND USE                                           901
    11.     SELECTION OF ARCHITECTS AND ENGINEERS                   1101
    13.     PUBLIC PROPERTY                                         1301

-End-

-CITE-
    40 USC CHAPTER 1 - GENERAL                                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL

-HEAD-
                            CHAPTER 1 - GENERAL                        

-MISC1-
                  SUBCHAPTER I - PURPOSE AND DEFINITIONS              
    Sec.                                                     
    101.        Purpose.                                              
    102.        Definitions.                                          

                           SUBCHAPTER II - SCOPE                       
    111.        Application to Federal Property and Administrative
                 Services Act of 1949.                                
    112.        Applicability of certain policies, procedures, and
                 directives in effect on July 1, 1949.                
    113.        Limitations.                                          

                SUBCHAPTER III - ADMINISTRATIVE AND GENERAL            
    121.        Administrative.                                       
    122.        Prohibition on sex discrimination.                    
    123.        Civil remedies for fraud.                             
    124.        Agency use of amounts for property management.        
    125.        Library memberships.                                  
    126.        Reports to Congress.                                  

-End-

-CITE-
    40 USC SUBCHAPTER I - PURPOSE AND DEFINITIONS               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER I - PURPOSE AND DEFINITIONS

-HEAD-
                  SUBCHAPTER I - PURPOSE AND DEFINITIONS              

-End-

-CITE-
    40 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER I - PURPOSE AND DEFINITIONS

-HEAD-
    Sec. 101. Purpose

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    101            40:471.                 June 30, 1949, ch. 288, Sec. 
                                            2, 63 Stat. 378; Sept. 1,   
                                            1954, ch. 1211, Sec. 1, 68  
                                            Stat. 1126.                 
    --------------------------------------------------------------------

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-396, Sec. 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. 109-313, Sec. 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 AMENDMENT                   
      Pub. L. 108-126, title II, Sec. 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'."

-End-

-CITE-
    40 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER I - PURPOSE AND DEFINITIONS

-HEAD-
    Sec. 102. Definitions

-STATUTE-
      The following definitions apply in chapters 1 through 7 of this
    title and in title III of the Federal Property and Administrative
    Services Act of 1949 (41 U.S.C. 251 et seq.):
        (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 agency's 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    102            40:472.                 June 30, 1949, ch. 288, Sec. 
                                            3, 63 Stat. 378; Sept. 5,   
                                            1950, ch. 849, Secs. 7(a),  
                                            8(a), 64 Stat. 590, 591;    
                                            July 12, 1952, ch. 703, Sec.
                                            1(a), (b), 66 Stat. 593;    
                                            Sept. 1, 1954, ch. 1211,    
                                            Sec. 4(c), 68 Stat. 1129;   
                                            Aug. 12, 1955, ch. 874, Sec.
                                            2, 69 Stat. 722; Pub. L.    
                                            85-337, Sec. 5, Feb. 28,    
                                            1958, 72 Stat. 29; Pub. L.  
                                            86-70, Sec. 30(a), June 25, 
                                            1959, 73 Stat. 148; Pub. L. 
                                            86-624, Sec. 27(a), July 12,
                                            1960, 74 Stat. 418; Pub. L. 
                                            93-594, 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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Title III of the Act is classified generally to
    subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Tables.
      The public land mining and mineral leasing laws, referred to in
    par. (9)(A)(iii), are classified generally to Title 30, Mineral
    Lands and Mining.
      The public land laws, referred to in par. (9)(A)(iv), are
    classified generally to Title 43, Public Lands.

-End-

-CITE-
    40 USC SUBCHAPTER II - SCOPE                                01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER II - SCOPE

-HEAD-
                           SUBCHAPTER II - SCOPE                       

-End-

-CITE-
    40 USC Sec. 111                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER II - SCOPE

-HEAD-
    Sec. 111. Application to Federal Property and Administrative
      Services Act of 1949

-STATUTE-
      In the following provisions, the words "this subtitle" are deemed
    to refer also to title III of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 251 et seq.):
        (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Title III of the Act is classified generally to
    subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    40 USC Sec. 112                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER II - SCOPE

-HEAD-
    Sec. 112. Applicability of certain policies, procedures, and
      directives in effect on July 1, 1949

-STATUTE-
      (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;
        (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 of the Federal Property and Administrative Services Act of
      1949.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    112            40:473.                 June 30, 1949, ch. 288,      
                                            title VI, Sec. 601, formerly
                                            title V, Sec. 501, 63 Stat. 
                                            399; renumbered Sept. 5,    
                                            1950, ch. 849, Sec. 6(a),   
                                            (b), 64 Stat. 583.          
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      The 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, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of this title. Provisions of former title
    I of the Act now appear in chapter 3 of this title.
      The Surplus Property Act of 1944, referred to in subsec. (b)(2),
    is act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was
    classified principally to sections 1611 to 1646 of Title 50,
    Appendix, War and National Defense, and was repealed effective July
    1, 1949, with the exception of sections 1622, 1631, 1637, and 1641
    of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI,
    Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially
    repealed by the 1949 act, and section 1622 is set out in part in
    Title 50, Appendix. Section 1622(g) was repealed and reenacted as
    sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103-
    272, Secs. 1(e), 7(b), July 5, 1994, 108 Stat. 1278-1280, 1379.
    Section 1631 was repealed by act June 7, 1939, ch. 190, Sec. 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, Sec. 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. 87-256, Sec. 111(a)(1), Sept.
    21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 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 (Sec. 471 et seq.) of former Title
    40, Public Buildings, Property, and Works, and which were repealed
    and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
    Stat. 1062, 1304, as chapters 1 to 11 of this title.

-End-

-CITE-
    40 USC Sec. 113                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER II - SCOPE

-HEAD-
    Sec. 113. Limitations

-STATUTE-
      (a) In General. - Except as otherwise provided in this section,
    the authority conferred by this subtitle is in addition to any
    other authority conferred by law and is not subject to any
    inconsistent provision of law.
      (b) Limitation Regarding the Office of Federal Procurement Policy
    Act. - The authority conferred by this subtitle is subject to the
    Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
      (c) Limitation Regarding Certain Government Corporations and
    Agencies. - Sections 121(b) and 506(c) of this title do not apply
    to a Government corporation or agency that is subject to chapter 91
    of title 31.
      (d) Limitation Regarding Congress. - This subtitle does not apply
    to the Senate or the House of Representatives (including the
    Architect of the Capitol and any building, activity, or function
    under the direction of the Architect). However, services and
    facilities authorized by this subtitle shall, as far as
    practicable, be made available to the Senate, the House of
    Representatives, and the Architect of the Capitol on their request.
    If payment would be required for providing a similar service or
    facility to an executive agency, payment shall be made by the
    recipient, on presentation of proper vouchers, in advance or by
    reimbursement (as may be agreed upon by the Administrator of
    General Services and the officer or body making the request). The
    payment may be credited to the applicable appropriation of the
    executive agency receiving the payment.
      (e) Other Limitations. - Nothing in this subtitle impairs or
    affects the authority of - 
        (1) the President under the Philippine Property Act of 1946 (22
      U.S.C. 1381 et seq.);
        (2) an executive agency, with respect to any program conducted
      for purposes of resale, price support, grants to farmers,
      stabilization, transfer to foreign governments, or foreign aid,
      relief, or rehabilitation, but the agency carrying out the
      program shall, to the maximum extent practicable, consistent with
      the purposes of the program and the effective, efficient conduct
      of agency business, coordinate its operations with the
      requirements of this subtitle and with policies and regulations
      prescribed under this subtitle;
        (3) an executive agency named in chapter 137 of title 10, and
      the head of the agency, with respect to the administration of
      that chapter;
        (4) the Secretary of Defense with respect to property required
      for or located in occupied territories;
        (5) the Secretary of Defense with respect to the administration
      of section 2535 of title 10;
        (6) the Secretary of Defense and the Secretaries of the Army,
      Navy, and Air Force with respect to the administration of the
      Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
      et seq.);
        (7) the Secretary of State under the Foreign Service Buildings
      Act, 1926 (22 U.S.C. 292 et seq.);
        (8) the Secretary of Agriculture under - 
          (A) the Richard B. Russell National School Lunch Act (42
        U.S.C. 1751 et seq.);
          (B) the Farmers Home Administration Act of 1946 (ch. 964, 60
        Stat. 1062);
          (C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
        with respect to the exportation and domestic consumption of
        agricultural products;
          (D) section 201 of the Agricultural Adjustment Act of 1938 (7
        U.S.C. 1291); or
          (E) section 203(j) of the Agricultural Marketing Act of 1946
        (7 U.S.C. 1622(j));

        (9) an official or entity under the Farm Credit Act of 1971 (12
      U.S.C. 2001 et seq.), with respect to the acquisition or disposal
      of property;
        (10) the Secretary of Housing and Urban Development or the
      Federal Deposit Insurance Corporation (or an officer of the
      Corporation) with respect to the disposal of - 
          (A) residential property; or
          (B) other property - 
            (i) acquired or held as part of, or in connection with,
          residential property; or
            (ii) held in connection with the insurance of mortgages,
          loans, or savings association accounts under the National
          Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit
          Insurance Act (12 U.S.C. 1811 et seq.), or any other law;

        (11) the Tennessee Valley Authority with respect to nonpersonal
      services, with respect to section 501(c) of this title, and with
      respect to property acquired in connection with a program of
      processing, manufacture, production, or force account
      construction, but the Authority shall, to the maximum extent it
      considers practicable, consistent with the purposes of its
      program and the effective, efficient conduct of its business,
      coordinate its operations with the requirements of this subtitle
      and with policies and regulations prescribed under this subtitle;
        (12) the Secretary of Energy with respect to atomic energy;
        (13) the Secretary of Transportation or the Secretary of
      Commerce with respect to the disposal of airport property and
      airway property (as those terms are defined in section 47301 of
      title 49) for use as such property;
        (14) the United States Postal Service;
        (15) the Maritime Administration with respect to the
      acquisition, procurement, operation, maintenance, preservation,
      sale, lease, charter, construction, reconstruction, or
      reconditioning (including outfitting and equipping incidental to
      construction, reconstruction, or reconditioning) of a merchant
      vessel or shipyard, ship site, terminal, pier, dock, warehouse,
      or other installation necessary or appropriate for carrying out a
      program of the Administration authorized by law or
      nonadministrative activities incidental to a program of the
      Administration authorized by law, but the Administration shall,
      to the maximum extent it considers practicable, consistent with
      the purposes of its programs and the effective, efficient conduct
      of its activities, coordinate its operations with the
      requirements of this subtitle and with policies and regulations
      prescribed under this subtitle;
        (16) the Central Intelligence Agency;
        (17) the Joint Committee on Printing, under title 44 or any
      other law;
        (18) the Secretary of the Interior with respect to procurement
      for program operations under the Bonneville Project Act of 1937
      (16 U.S.C. 832 et seq.);
        (19) the Secretary of State with respect to the furnishing of
      facilities in foreign countries and reception centers within the
      United States; or
        (20) the Office of the Director of National Intelligence.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108-458,
    title I, Sec. 1080, Dec. 17, 2004, 118 Stat. 3696.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    113(a)         40:474(c) (words        June 30, 1949, ch. 288,      
                    before 1st comma).      title VI, Sec. 602(c)-(e),  
                                            formerly Sec. 502(c)-(e), 63
                                            Stat. 401; renumbered Sec.  
                                            602(c)-(e), Sept. 5, 1950,  
                                            ch. 849, Sec. 6(a), (b), 64 
                                            Stat. 583; Sept. 5, 1950,   
                                            ch. 849, Secs. 7(e), (f),   
                                            8(c), 64 Stat. 590, 591;    
                                            Pub. L. 85-726, title XIV,  
                                            Sec. 1406, Aug. 23, 1958, 72
                                            Stat. 808; Pub. L. 87-456,  
                                            title III, Sec. 303(b), May 
                                            24, 1962, 76 Stat. 78; Pub. 
                                            L. 89-343, Sec. 6, Nov. 8,  
                                            1965, 79 Stat. 1303; Pub. L.
                                            90-19, Sec. 7, May 25, 1967,
                                            81 Stat. 22; Pub. L. 91-375,
                                            Sec. 6(m)(2), Aug. 12, 1970,
                                            84 Stat. 782; Pub. L.       
                                            93-400, Sec. 15(4), Aug. 30,
                                            1974, 88 Stat. 800; Pub. L. 
                                            96-60, title II, Sec.       
                                            203(c), Aug. 15, 1979, 93   
                                            Stat. 399; Pub. L. 96-83,   
                                            Sec. 10(b), Oct. 10, 1979,  
                                            93 Stat. 652; Pub. L. 97-31,
                                            Sec. 12(13), Aug. 6, 1981,  
                                            95 Stat. 154; Pub. L.       
                                            98-191, Secs. 8(d)(2),      
                                            9(a)(3), Dec. 1, 1983, 97   
                                            Stat. 1331; Pub. L. 101-73, 
                                            title VII, Sec. 744(f), Aug.
                                            9, 1989, 103 Stat. 438; Pub.
                                            L. 106-78, title VII, Sec.  
                                            752(b)(14), Oct. 22, 1999,  
                                            113 Stat. 1170.             
    113(b)         40:474(c) (words                                     
                    between 1st and                                     
                    last commas).                                       
    113(c)         40:474(c) (words                                     
                    after last comma).                                  
    113(d)         40:474(e).                                           
    113(e)         40:474(d).                                           
    --------------------------------------------------------------------

      In subsection (a), the word "paramount" is omitted as included in
    "not subject to any inconsistent provision".
      In subsection (c), the words "chapter 91 of title 31" are
    substituted for "the Government Corporation Control Act (59 Stat.
    597; 31 U.S.C. 841)" in section 602(c) of the Federal Property and
    Administrative Services Act of 1949, because of section 4(b) of the
    Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067).
      In subsection (e), the text of 40:474(d)(8) is omitted because 50
    App.:1171(b) was repealed by section 53 of the Act of August 10,
    1956 (ch. 1041, 70A Stat. 641). The text of 40:474(d)(19) is
    omitted as obsolete.
      In subsection (e)(2), the words "any phase (including, but not
    limited to, procurement, storage, transportation, processing, and
    disposal) of" and "the fulfillment of" are omitted as unnecessary.
      In subsection (e)(3), the words "chapter 137 of title 10" and
    "that chapter" are substituted for "Armed Services Procurement Act
    of 1947" and "said Act" in section 602(d)(3) of the Federal
    Property and Administrative Services Act of 1949, because of
    section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat.
    640).
      In subsection (e)(4), the words "Secretary of Defense" are
    substituted for "National Military Establishment" in section
    602(d)(4) of the Federal Property and Administrative Services Act
    of 1949, because of section 12(a), (g) of the National Security Act
    Amendments of 1949 (ch. 412, 63 Stat. 591) and because of
    10:113(a).
      In subsection (e)(5), the words "section 2535 of title 10" are
    substituted for "the National Industrial Reserve Act of 1948 [50
    U.S.C. 451 et seq.]" because the National Industrial Reserve Act
    was renamed "Defense Industrial Reserve Act" by section 809 of the
    Department of Defense Appropriation Authorization Act, 1974 (Public
    Law 93-155, 87 Stat. 617), and transferred to section 2535 of title
    10 by section 4235 of the Defense Conversion, Reinvestment and
    Transition Assistance Act of 1992, which was included as Division D
    in the National Defense Authorization Act for Fiscal Year 1993
    (Public Law 102-484, title XLII, 106 Stat. 2690).
      In subsection (e)(6), the words "the Munitions Board" are omitted
    because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff.
    June 30, 1953, 67 Stat. 638) abolished the Munitions Board and
    transferred the Board's functions to the Secretary of Defense.
      In subsection (e)(8), the words "or the Department of
    Agriculture" are omitted as unnecessary because of section 1 of
    Reorganization Plan No. 2 of 1953 (eff. June 30, 1953, 67 Stat.
    638). The words "the Act of August 31, 1947, Public Law 298,
    Eightieth Congress, with respect to the disposal of labor supply
    centers, and labor homes, labor camps, or facilities" are omitted
    because the intended reference is probably to the Act of July 31,
    1947 (ch. 413, 61 Stat. 694), which was repealed by section 205(a)
    of the Housing Act of 1950 (ch. 94, 64 Stat. 73).
      In subsection (e)(9), the words "an official or entity under the
    Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted
    for "the Secretary of Agriculture, Farm Credit Administration, or
    any farm credit board under section 640l(b) of title 12" because
    section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971
    (12:2001 note), repealed 12:640l, and provided that "[a]ll
    references in other legislation . . . to the Acts repealed hereby
    shall be deemed to refer to comparable provisions of [the Farm
    Credit Act of 1971 (12 U.S.C. 2001 et seq.)]".
      In subsection (e)(10), the words "Secretary of Housing and Urban
    Development" are substituted for "Department of Housing and Urban
    Development" because of 42:3532. The words "Federal Deposit
    Insurance Corporation" are substituted for "Resolution Trust
    Corporation" because under 12:1441a(m)(1), the Resolution Trust
    Corporation terminated on December 31, 1995, and was succeeded by
    the Federal Deposit Insurance Corporation.
      In subsection (e)(11), the words "property acquired in connection
    with" are substituted for "any property acquired or to be acquired
    for or in connection with" to eliminate unnecessary words.
      In subsection (e)(12), the words "the Secretary of Energy with
    respect to atomic energy" are substituted for "the Atomic Energy
    Commission" because the Atomic Energy Commission was abolished and
    its functions were transferred to the Administrator of the Energy
    Research and Development Administration by section 104 of the
    Energy Reorganization Act of 1974 (42:5814), and the Energy
    Research and Development Administration was subsequently terminated
    and its functions transferred to the Secretary of Energy by
    sections 301(a) and 703 of the Department of Energy Organization
    Act (42:7151(a), 42:7293).
      In subsection (e)(13), the words "Secretary of Transportation"
    are substituted for "Administrator of the Federal Aviation Agency"
    in section 602(d)(14) of the Federal Property and Administrative
    Services Act of 1949 because of sections 3(e) and 6(c)(1) of the
    Department of Transportation Act (Public Law 89-670, 80 Stat. 932,
    938), because of 49:106(f) and (g), and because of 49:ch. 473. The
    words "Secretary of Commerce" are substituted for "Chief of the
    Weather Bureau" in section 602(d)(14) of the Federal Property and
    Administrative Services Act of 1949 because the office of Chief of
    the Weather Bureau was abolished and functions were transferred to
    the Secretary of Commerce by Reorganization Plan No. 2 of 1965
    (eff. July 13, 1965, 79 Stat. 1318). The words "section 47301 of
    title 49" are substituted for "the International Aviation
    Facilities Act (62 Stat. 450)" in section 602(d)(14) of the Federal
    Property and Administrative Services Act of 1949 because of section
    6(b) of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.
    1378).
      In subsection (e)(17), the words "title 44 or any other law" are
    substituted for "the Act entitled 'An Act providing for the public
    printing and binding and the distribution of public documents'
    approved January 12, 1895 (28 Stat. 601), as amended or any other
    Act" in section 602(d)(18) of the Federal Property and
    Administrative Services Act of 1949 because of section 2(b) of the
    Act of October 22, 1968 (Public Law 90-620, 82 Stat. 1305), the
    first section of which enacted Title 44, United States Code.
      In subsection (e)(19), the words "Secretary of State" are
    substituted for "Director of the International Communication
    Agency" [subsequently changed to "Director of the United States
    Information Agency" because of section 303(b) of the Department of
    State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-
    241, 96 Stat. 291)] because of 22:6551.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (b), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as
    amended, which is classified principally to chapter 7 (Sec. 401 et
    seq.) of Title 41, Public Contracts. For complete classification of
    this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.
      The Philippine Property Act of 1946, referred to in subsec.
    (e)(1), is act July 3, 1946, ch. 536, 60 Stat. 418, as amended,
    which is classified generally to subchapter V (Sec. 1381 et seq.)
    of chapter 15 of Title 22, Foreign Relations and Intercourse. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1381 of Title 22 and Tables.
      The Strategic and Critical Materials Stock Piling Act, referred
    to in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised
    generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319,
    which is classified generally to subchapter III (Sec. 98 et seq.)
    of chapter 5 of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see section 98 of Title 50
    and Tables.
      The Foreign Service Buildings Act, 1926, referred to in subsec.
    (e)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended,
    which is classified generally to chapter 8 (Sec. 292 et seq.) of
    Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see section 299 of Title 22
    and Tables.
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 1751 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 1751 of Title 42 and Tables.
      The Farmers Home Administration Act of 1946, referred to in
    subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062.
    Such act was substantially repealed by act June 25, 1948, ch. 645,
    Sec. 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87-128, title
    III, Sec. 341(a), 75 Stat. 318. For complete classification of this
    Act to the Code, see Tables.
      The Farm Credit Act of 1971, referred to in subsec. (e)(9), is
    Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
    classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12,
    Banks and Banking. For complete classification of this Act to the
    Code, see Short Title note set out under section 2001 of Title 12
    and Tables.
      The National Housing Act, referred to in subsec. (e)(10)(B)(ii),
    is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is
    classified principally to chapter 13 (Sec. 1701 et seq.) of Title
    12, Banks and Banking. For complete classification of this Act to
    the Code, see section 1701 of Title 12 and Tables.
      The Federal Deposit Insurance Act, referred to in subsec.
    (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat.
    873, as amended, which is classified generally to chapter 16 (Sec.
    1811 et seq.) of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1811 of Title 12 and Tables.
      The Bonneville Project Act of 1937, referred to in subsec.
    (e)(18), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended,
    which is classified generally to chapter 12B (Sec. 832 et seq.) of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 832 of Title
    16 and Tables.

-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (e)(20). Pub. L. 108-458 added par. (20).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of Title 50, War and National Defense.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    Title 50, War and National Defense.

-End-

-CITE-
    40 USC SUBCHAPTER III - ADMINISTRATIVE AND GENERAL          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
                SUBCHAPTER III - ADMINISTRATIVE AND GENERAL            

-End-

-CITE-
    40 USC Sec. 121                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 121. Administrative

-STATUTE-
      (a) Policies Prescribed by the President. - The President may
    prescribe policies and directives that the President considers
    necessary to carry out this subtitle. The policies must be
    consistent with this subtitle.
      (b) Accounting Principles and Standards. - 
        (1) Prescription. - The Comptroller General, after considering
      the needs and requirements of executive agencies, shall prescribe
      principles and standards of accounting for property.
        (2) Property accounting systems. - The Comptroller General
      shall cooperate with the Administrator of General Services and
      with executive agencies in the development of property accounting
      systems and approve the systems when they are adequate and in
      conformity with prescribed principles and standards.
        (3) Compliance review. - From time to time the Comptroller
      General shall examine the property accounting systems established
      by executive agencies to determine the extent of compliance with
      prescribed principles and standards and approved systems. The
      Comptroller General shall report to Congress any failure to
      comply with the principles and standards or to adequately account
      for property.

      (c) Regulations by Administrator. - 
        (1) General authority. - The Administrator may prescribe
      regulations to carry out this subtitle.
        (2) Required regulations and orders. - The Administrator shall
      prescribe regulations that the Administrator considers necessary
      to carry out the Administrator's functions under this subtitle
      and the head of each executive agency shall issue orders and
      directives that the agency head considers necessary to carry out
      the regulations.

      (d) Delegation of Authority by Administrator. - 
        (1) In general. - Except as provided in paragraph (2), the
      Administrator may delegate authority conferred on the
      Administrator by this subtitle to an official in the General
      Services Administration or to the head of another federal agency.
      The Administrator may authorize successive redelegation of
      authority conferred by this subtitle.
        (2) Exceptions. - The Administrator may not delegate - 
          (A) the authority to prescribe regulations on matters of
        policy applying to executive agencies;
          (B) the authority to transfer functions and related allocated
        amounts from one component of the Administration to another
        under paragraphs (1)(C) and (2)(A) of subsection (e); or
          (C) other authority for which delegation is prohibited by
        this subtitle.

        (3) Retention and use of rental payments. - A department or
      agency to which the Administrator has delegated authority to
      operate, maintain or repair a building or facility under this
      subsection shall retain the portion of the rental payment that
      the Administrator determines is available to operate, maintain or
      repair the building or facility. The department or agency shall
      directly expend the retained amounts to operate, maintain, or
      repair the building or facility. Any amounts retained under this
      paragraph shall remain available until expended for these
      purposes.

      (e) Assignment of Functions by Administrator. - 
        (1) In general. - The Administrator may provide for the
      performance of a function assigned under this subtitle by any of
      the following methods:
          (A) The Administrator may direct the Administration to
        perform the function.
          (B) The Administrator may designate or establish a component
        of the Administration and direct the component to perform the
        function.
          (C) The Administrator may transfer the function from one
        component of the Administration to another.
          (D) The Administrator may direct an executive agency to
        perform the function for itself, with the consent of the agency
        or by direction of the President.
          (E) The Administrator may direct one executive agency to
        perform the function for another executive agency, with the
        consent of the agencies concerned or by direction of the
        President.
          (F) The Administrator may provide for performance of a
        function by a combination of the methods described in this
        paragraph.

        (2) Transfer of resources. - 
          (A) Within administration. - If the Administrator transfers a
        function from one component of the Administration to another,
        the Administrator may also provide for the transfer of
        appropriate allocated amounts from the component that
        previously carried out the function to the component being
        directed to carry out the function. A transfer under this
        subparagraph must be reported to the Director of the Office of
        Management and Budget.
          (B) Between agencies. - If the Administrator transfers a
        function from one executive agency to another (including a
        transfer to or from the Administration), the Administrator may
        also provide for the transfer of appropriate personnel,
        records, property, and allocated amounts from the executive
        agency that previously carried out the function to the
        executive agency being directed to carry out the function. A
        transfer under this subparagraph is subject to approval by the
        Director.

      (f) Advisory Committees. - The Administrator may establish
    advisory committees to provide advice on any function of the
    Administrator under this subtitle. Members of the advisory
    committees shall serve without compensation but are entitled to
    transportation and not more than $25 a day instead of expenses
    under section 5703 of title 5.
      (g) Consultation With Federal Agencies. - The Administrator shall
    advise and consult with interested federal agencies and seek their
    advice and assistance to accomplish the purposes of this subtitle.
      (h) Administering Oaths. - In carrying out investigative duties,
    an officer or employee of the Administration, if authorized by the
    Administrator, may administer an oath to an individual.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1068.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    121(a), (b)    40:486(a), (b).         June 30, 1949, ch. 288,      
                                            title II, Sec. 205, 63 Stat.
                                            389; Sept. 5, 1950, ch. 849,
                                            Sec. 9, 64 Stat. 591; Pub.  
                                            L. 87-619, Aug. 31, 1962, 76
                                            Stat. 414.                  
    121(c)(1)      40:751(f).              June 30, 1949, ch. 288,      
                                            title I, Sec. 101(f), as    
                                            added Pub. L. 99-500, Sec.  
                                            101(m) [title VIII, Sec.    
                                            832], Oct. 18, 1986, 100    
                                            Stat. 1783-345; Pub. L.     
                                            99-591, Sec. 101(m) [title  
                                            VIII, Sec. 832], Oct. 30,   
                                            1986, 100 Stat. 3341-345.   
    121(c)(2)      40:486(c).                                           
    121(d)(1),     40:486(d).                                           
     (2)                                                                
    121(d)(3)      40:486a.                Pub. L. 104-208, div. A,     
                                            title I, Sec. 101(f) [title 
                                            VI, Sec. 611], Sept. 30,    
                                            1996, 110 Stat. 3009-355.   
    121(e)(1)      40:486(e).                                           
                   40:754 (1st             June 30, 1949, ch. 288,      
                    sentence).              title I, Sec. 106, 63 Stat. 
                                            381.                        
    121(e)(2)(     40:754 (last                                         
     A)             sentence).                                          
    121(e)(2)(     40:486(f).                                           
     B)                                                                 
    121(f)         40:486(g).                                           
    121(g)         40:486(h).                                           
    121(h)         40:486(i).                                           
    --------------------------------------------------------------------

      In subsection (b)(3), the words "Comptroller General" are
    substituted for "General Accounting Office" because of 31:702 and
    for consistency in the revised title.
      In subsection (d)(3), the words "For the fiscal year ending
    September 30, 1997, and thereafter" are omitted as unnecessary.
      In subsection (e)(1)(C), the words "transfer the function from
    one component of the Administration to another" are substituted for
    "from time to time, to regroup, transfer, and distribute any such
    functions within the General Services Administration" (in 40:754
    (1st sentence)) for clarity and to eliminate unnecessary words.
      In subsection (e)(2), subparagraph (A) is substituted for 40:754
    (last sentence) and subparagraph (B) is substituted for 40:486(f)
    to use more consistent terminology and to clarify the requirements
    and applicability of each provision. The words "Director of the
    Office of Management and Budget" are substituted for "Director of
    the Bureau of the Budget" in sections 106 (last sentence) and
    205(f) 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 97-258, 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.
      In subsection (f), the words "expenses under" are substituted for
    "subsistence, as authorized by" for consistency in the revised
    title. The words "section 5703 of title 5" are substituted for
    "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)" in
    section 205(g) of the Federal Property and Administrative Services
    Act of 1949 because of section 7(b) of the Act of September 6, 1966
    (Public Law 89-554, 80 Stat. 631), the first section of which
    enacted Title 5, United States Code.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-EXEC-
               EX. ORD. NO. 12072. FEDERAL SPACE MANAGEMENT           
      Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, provided:
      By the authority vested in me as President of the United States
    of America by Section 205(a) of the Federal Property and
    Administrative Services Act of 1949, as amended (40 U.S.C. 486(a))
    [now 40 U.S.C. 121(a)], and in order to prescribe appropriate
    policies and directives, not inconsistent with that Act [now
    chapters 1 to 11 of this title and title III of the Act of June 30,
    1949 (41 U.S.C. 251 et seq.)] and other applicable provisions of
    law, for the planning, acquisition, utilization, and management of
    Federal space facilities, it is hereby ordered as follows:

-MISC2-
                          1-1. SPACE ACQUISITION                      
      1-101. Federal facilities and Federal use of space in urban areas
    shall serve to strengthen the Nation's cities and to make them
    attractive places to live and work. Such Federal space shall
    conserve existing urban resources and encourage the development and
    redevelopment of cities.
      1-102. Procedures for meeting space needs in urban areas shall
    give serious consideration to the impact a site selection will have
    on improving the social, economic, environmental, and cultural
    conditions of the communities in the urban area.
      1-103. Except where such selection is otherwise prohibited, the
    process for meeting Federal space needs in urban areas shall give
    first consideration to a centralized community business area and
    adjacent areas of similar character, including other specific areas
    which may be recommended by local officials.
      1-104. The process of meeting Federal space needs in urban areas
    shall be consistent with the policies of this Order and shall
    include consideration of the following criteria:
      (a) Compatability [sic] of the site with State, regional, or
    local development, redevelopment, or conservation objectives.
      (b) Conformity with the activities and programs of other Federal
    agencies.
      (c) Impact on economic development and employment opportunities
    in the urban area, including the utilization of human, natural,
    cultural, and community resources.
      (d) Availability of adequate low and moderate income housing for
    Federal employees and their families on a nondiscriminatory basis.
      (e) Availability of adequate public transportation and parking
    and accessibility to the public.
      1-105. Procedures for meeting space needs in urban areas shall be
    consistent with the policies of this Order and shall include
    consideration of the following alternatives:
      (a) Availability of existing Federally controlled facilities.
      (b) Utilization of buildings of historic, architectural, or
    cultural significance within the meaning of section 105 of the
    Public Buildings Cooperative Use Act of 1976 (90 Stat. 2507, 40
    U.S.C. 612a) [now 40 U.S.C. 3306].
      (c) Acquisition or utilization of existing privately owned
    facilities.
      (d) Construction of new facilities.
      (e) Opportunities for locating cultural, educational,
    recreational, or commercial activities within the proposed
    facility.
      1-106. Site selection and space assignments shall take into
    account the management needs for consolidation of agencies or
    activities in common or adjacent space in order to improve
    administration and management and effect economies.

                  1-2. ADMINISTRATOR OF GENERAL SERVICES              
      1-201. The Administrator of General Services shall develop
    programs to implement the policies of this Order through the
    efficient acquisition and utilization of Federally owned and leased
    space. In particular, the Administrator shall:
      (a) Select, acquire, and manage Federal space in a manner which
    will foster the policies and programs of the Federal government and
    improve the management and administration of government activities.
      (b) Issue regulations, standards, and criteria for the selection,
    acquisition, and management of Federally owned and leased space.
      (c) Periodically undertake surveys of space requirements and
    space utilization in the executive agencies.
      (d) Ensure, in cooperation with the heads of Executive agencies,
    that their essential space requirements are met in a manner that is
    economically feasible and prudent.
      (e) Make maximum use of existing Federally controlled facilities
    which, in his judgment, are adequate or economically adaptable to
    meeting the space needs of executive agencies.
      (f) Annually submit long-range plans and programs for the
    acquisition, modernization, and use of space for approval by the
    President.
      1-202. The Administrator is authorized to request from any
    Executive agency such information and assistance deemed necessary
    to carry out his functions under this Order. Each agency shall, to
    the extent not prohibited by law, furnish such information and
    assistance to the Administrator.
      1-203. In the process of meeting Federal space needs in urban
    areas and implementing the policies of this Order, the
    Administrator shall:
      (a) Consider the efficient performance of the missions and
    programs of the agencies, the nature and function of the facilities
    involved, the convenience of the public served, and the maintenance
    and improvement of safe and healthful working conditions for
    employees.
      (b) Coordinate proposed programs and plans for facilities and
    space with the Director of the Office of Management and Budget.
      (c) Consult with appropriate Federal, State, regional, and local
    government officials and consider their recommendations for and
    objections to a proposed selection site or space acquisition.
      (d) Coordinate proposed programs and plans for facilities and
    space in a manner designed to implement the purposes of this Order.
      (e) Prior to making a final determination concerning the location
    of Federal facilities, notify the concerned Executive agency of an
    intended course of action and take into account any additional
    information provided.
      1-204. In ascertaining the social, economic, environmental and
    other impacts which site selection would have on a community, the
    Administrator shall, when appropriate, obtain the advice of
    interested agencies.

                          1-3. GENERAL PROVISIONS                      
      1-301. The heads of Executive agencies shall cooperate with the
    Administrator in implementing the policies of this Order and shall
    economize on their use of space. They shall ensure that the
    Administrator is given early notice of new or changing missions or
    organizational realignments which affect space requirements.
      1-302. Executive agencies which acquire or utilize Federally
    owned or leased space under authority other than the Federal
    Property and Administrative Services Act of 1949, as amended [now
    chapters 1 to 11 of this title and title III of the Act of June 30,
    1949 (41 U.S.C. 251 et seq.)], shall conform to the provisions of
    this Order to the extent they have the authority to do so.
      1-303. Executive Order No. 11512 of February 27, 1970, is
    revoked.
                                                           Jimmy Carter.

-EXEC-
                         EXECUTIVE ORDER NO. 12512                     
      Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related
    to Federal real property management, was revoked by Ex. Ord. No.
    13327, Sec. 8, Feb. 4, 2004, 69 F.R. 5897, set out below.

         EX. ORD. NO. 12954. ENSURING THE ECONOMICAL AND EFFICIENT
       ADMINISTRATION AND COMPLETION OF FEDERAL GOVERNMENT CONTRACTS
      Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided:
      Efficient economic performance and productivity are directly
    related to the existence of cooperative working relationships
    between employers and employees. When Federal contractors become
    involved in prolonged labor disputes with their employees, the
    Federal Government's economy, efficiency, and cost of operations
    are adversely affected. In order to operate as effectively as
    possible, by receiving timely goods and quality services, the
    Federal Government must assist the entities with which it has
    contractual relations to develop stable relationships with their
    employees.
      An important aspect of a stable collective bargaining
    relationship is the balance between allowing businesses to operate
    during a strike and preserving worker rights. This balance is
    disrupted when permanent replacement employees are hired. It has
    been found that strikes involving permanent replacement workers are
    longer in duration than other strikes. In addition, the use of
    permanent replacements can change a limited dispute into a broader,
    more contentious struggle, thereby exacerbating the problems that
    initially led to the strike. By permanently replacing its workers,
    an employer loses the accumulated knowledge, experience, skill, and
    expertise of its incumbent employees. These circumstances then
    adversely affect the businesses and entities, such as the Federal
    Government, which rely on that employer to provide high quality and
    reliable goods or services.
      NOW, THEREFORE, to ensure the economical and efficient
    administration and completion of Federal Government contracts, and
    by the authority vested in me as President by the Constitution and
    the laws of the United States of America, including 40 U.S.C.
    486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby
    ordered as follows:
      Section 1. It is the policy of the executive branch in procuring
    goods and services that, to ensure the economical and efficient
    administration and completion of Federal Government contracts,
    contracting agencies shall not contract with employers that
    permanently replace lawfully striking employees. All discretion
    under this Executive order shall be exercised consistent with this
    policy.
      Sec. 2. (a) The Secretary of Labor ("Secretary") may investigate
    an organizational unit of a Federal contractor to determine whether
    the unit has permanently replaced lawfully striking workers. Such
    investigation shall be conducted in accordance with procedures
    established by the Secretary.
      (b) The Secretary shall receive and may investigate complaints by
    employees of any entity covered under section 2(a) of this order
    where such complaints allege lawfully striking employees have been
    permanently replaced.
      (c) The Secretary may hold such hearings, public or private, as
    he or she deems advisable, to determine whether an entity covered
    under section 2(a) has permanently replaced lawfully striking
    employees.
      Sec. 3. (a) When the Secretary determines that a contractor has
    permanently replaced lawfully striking employees, the Secretary may
    make a finding that it is appropriate to terminate the contract for
    convenience. The Secretary shall transmit that finding to the head
    of any department or agency that contracts with the contractor.
      (b) The head of the contracting department or agency may object
    to the termination for convenience of a contract or contracts of a
    contractor determined to have permanently replaced legally striking
    employees. If the head of the agency so objects, he or she shall
    set forth the reasons for not terminating the contract or contracts
    in a response in writing to the Secretary. In such case, the
    termination for convenience shall not be issued. The head of the
    contracting agency or department shall report to the Secretary
    those contracts that have been terminated for convenience under
    this section.
      Sec. 4. (a) When the Secretary determines that a contractor has
    permanently replaced lawfully striking employees, the Secretary may
    debar the contractor, thereby making the contractor ineligible to
    receive government contracts. The Secretary shall notify the
    Administrator of the General Services Administration of the
    debarment, and the Administrator shall include the contractor on
    the consolidated list of debarred contractors. Departments and
    agencies shall not solicit offers from, award contracts to, or
    consent to subcontracts with these contractors unless the head of
    the agency or his or her designee determines, in writing, that
    there is a compelling reason for such action, in accordance with
    the Federal Acquisition Regulation.
      (b) The scope of the debarment normally will be limited to those
    organizational units of a Federal contractor that the Secretary
    finds to have permanently replaced lawfully striking workers.
      (c) The period of the debarment may not extend beyond the date
    when the labor dispute precipitating the permanent replacement of
    lawfully striking workers has been resolved, as determined by the
    Secretary.
      Sec. 5. The Secretary shall publish or cause to be published, in
    the Federal Register, the names of contractors that have, in the
    judgement of the Secretary, permanently replaced lawfully striking
    employees and have been the subject of debarment.
      Sec. 6. The Secretary shall be responsible for the administration
    and enforcement of this order. The Secretary, after consultation
    with the Secretary of Defense, the Administrator of the General
    Services, the Administrator of the National Aeronautics and Space
    Administration, and the Administrator of the Office of Federal
    Procurement Policy, may adopt such rules and regulations and issue
    such orders as may be deemed necessary and appropriate to achieve
    the purposes of this order.
      Sec. 7. Each contracting department and agency shall cooperate
    with the Secretary and provide such information and assistance as
    the Secretary may require in the performance of the Secretary's
    functions under this order.
      Sec. 8. The Secretary may delegate any function or duty of the
    Secretary under this order to any officer in the Department of
    Labor or to any other officer in the executive branch of the
    Government, with the consent of the head of the department or
    agency in which that officer serves.
      Sec. 9. The Secretary of Defense, the Administrator of the
    General Services, and the Administrator of the National Aeronautics
    and Space Administration, after consultation with the Administrator
    of the Office of Federal Procurement Policy, shall take whatever
    action is appropriate to implement the provisions of this order and
    of any related rules, regulations, or orders of the Secretary
    issued pursuant to this order.
      Sec. 10. This order is not intended, and should not be construed,
    to create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or its employees. This order is not
    intended, however, to preclude judicial review of final agency
    decisions in accordance with the Administrative Procedure Act, 5
    U.S.C. 701 et seq.
      Sec. 11. The meaning of the term "organizational unit of a
    Federal contractor" as used in this order shall be defined in
    regulations that shall be issued by the Secretary of Labor, in
    consultation with affected agencies. This order shall apply only to
    contracts in excess of the Simplified Acquisition Threshold.
      Sec. 12. (a) The provisions of section 3 of this order shall only
    apply to situations in which contractors have permanently replaced
    lawfully striking employees after the effective date of this order.
      (b) This order is effective immediately.
                                                     William J. Clinton.

            EX. ORD. NO. 12977. INTERAGENCY SECURITY COMMITTEE        
      Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by
    Ex. Ord. No. 13286, Sec. 23, Feb. 28, 2003, 68 F.R. 10624,
    provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    enhance the quality and effectiveness of security in and protection
    of buildings and facilities in the United States occupied by
    Federal employees for nonmilitary activities ("Federal
    facilities"), and to provide a permanent body to address continuing
    government-wide security for Federal facilities, it is hereby
    ordered as follows:
      Section 1. Establishment. There is hereby established within the
    executive branch the Interagency Security Committee ("Committee").
    The Committee shall consist of: (a) the Secretary of Homeland
    Security ("Secretary");
      (b) representatives from the following agencies, appointed by the
    agency heads:
      (1) Department of State;
      (2) Department of the Treasury;
      (3) Department of Defense;
      (4) Department of Justice;
      (5) Department of the Interior;
      (6) Department of Agriculture;
      (7) Department of Commerce;
      (8) Department of Labor;
      (9) Department of Health and Human Services;
      (10) Department of Housing and Urban Development;
      (11) Department of Transportation;
      (12) Department of Energy;
      (13) Department of Education;
      (14) Department of Veterans Affairs;
      (15) Environmental Protection Agency;
      (16) Central Intelligence Agency;
      (17) Office of Management and Budget; and
      (18) General Services Administration;
      (c) the following individuals or their designees:
      (1) the Director, United States Marshals Service;
      (2) the Assistant to the President for National Security Affairs;
    and
      (3) the Director, Security Policy Board; and
      (d) such other Federal employees as the President shall appoint.
      Sec. 2. Chair. The Committee shall be chaired by the Secretary,
    or the designee of the Secretary.
      Sec. 3. Working Groups. The Committee is authorized to establish
    interagency working groups to perform such tasks as may be directed
    by the Committee.
      Sec. 4. Consultation. The Committee may consult with other
    parties, including the Administrative Office of the United States
    Courts, to perform its responsibilities under this order, and, at
    the discretion of the Committee, such other parties may participate
    in the working groups.
      Sec. 5. Duties and Responsibilities. (a) The Committee shall: (1)
    establish policies for security in and protection of Federal
    facilities;
      (2) develop and evaluate security standards for Federal
    facilities, develop a strategy for ensuring compliance with such
    standards, and oversee the implementation of appropriate security
    measures in Federal facilities; and
      (3) take such actions as may be necessary to enhance the quality
    and effectiveness of security and protection of Federal facilities,
    including but not limited to:
      (A) encouraging agencies with security responsibilities to share
    security-related intelligence in a timely and cooperative manner;
      (B) assessing technology and information systems as a means of
    providing cost-effective improvements to security in Federal
    facilities;
      (C) developing long-term construction standards for those
    locations with threat levels or missions that require blast
    resistant structures or other specialized security requirements;
      (D) evaluating standards for the location of, and special
    security related to, day care centers in Federal facilities; and
      (E) assisting the Secretary in developing and maintaining a
    centralized security data base of all Federal facilities.
      Sec. 6. Agency Support and Cooperation. (a) Administrative
    Support. To the extent permitted by law and subject to the
    availability of appropriations, the Secretary, acting by and
    through the Assistant Commissioner, shall provide the Committee
    such administrative services, funds, facilities, staff and other
    support services as may be necessary for the performance of its
    functions under this order.
      (b) Cooperation. Each executive agency and department shall
    cooperate and comply with the policies and recommendations of the
    Committee issued pursuant to this order, except where the Director
    of Central Intelligence determines that compliance would jeopardize
    intelligence sources and methods. To the extent permitted by law
    and subject to the availability of appropriations, executive
    agencies and departments shall provide such support as may be
    necessary to enable the Committee to perform its duties and
    responsibilities under this order.
      (c) Compliance. The Secretary shall be responsible for monitoring
    Federal agency compliance with the policies and recommendations of
    the Committee.
      Sec. 7. Judicial Review. This order is intended only to improve
    the internal management of the Federal Government, and is not
    intended, and should not be construed, to create any right or
    benefit, substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or its
    employees.

        EX. ORD. NO. 13327. FEDERAL REAL PROPERTY ASSET MANAGEMENT    
      Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    121(a) of title 40, United States Code, and in order to promote the
    efficient and economical use of Federal real property resources in
    accordance with their value as national assets and in the best
    interests of the Nation, it is hereby ordered as follows:
      Section 1. Policy. It is the policy of the United States to
    promote the efficient and economical use of America's real property
    assets and to assure management accountability for implementing
    Federal real property management reforms. Based on this policy,
    executive branch departments and agencies shall recognize the
    importance of real property resources through increased management
    attention, the establishment of clear goals and objectives,
    improved policies and levels of accountability, and other
    appropriate action.
      Sec. 2. Definition and Scope. (a) For the purpose of this
    executive order, Federal real property is defined as any real
    property owned, leased, or otherwise managed by the Federal
    Government, both within and outside the United States, and
    improvements on Federal lands. For the purpose of this order,
    Federal real property shall exclude: interests in real property
    assets that have been disposed of for public benefit purposes
    pursuant to section 484 of title 40, United States Code [now 40
    U.S.C. 541-555], and are now held in private ownership; land
    easements or rights-of-way held by the Federal Government; public
    domain land (including lands withdrawn for military purposes) or
    land reserved or dedicated for national forest, national park, or
    national wildlife refuge purposes except for improvements on those
    lands; land held in trust or restricted fee status for individual
    Indians or Indian tribes; and land and interests in land that are
    withheld from the scope of this order by agency heads for reasons
    of national security, foreign policy, or public safety.
      (b) This order shall not be interpreted to supersede any existing
    authority under law or by executive order for real property asset
    management, with the exception of the revocation of Executive Order
    12512 of April 29, 1985 [formerly set out as a note above], in
    section 8 of this order.
      Sec. 3. Establishment and Responsibilities of Agency Senior Real
    Property Officer. (a) The heads of all executive branch departments
    and agencies cited in sections 901(b)(1) and (b)(2) of title 31,
    United States Code, and the Secretary of Homeland Security, shall
    designate among their senior management officials, a Senior Real
    Property Officer. Such officer shall have the education, training,
    and experience required to administer the necessary functions of
    the position for the particular agency.
      (b) The Senior Real Property Officer shall develop and implement
    an agency asset management planning process that meets the form,
    content, and other requirements established by the Federal Real
    Property Council established in section 4 of this order. The
    initial agency asset management plan will be submitted to the
    Office of Management and Budget on a date determined by the
    Director of the Office of Management and Budget. In developing this
    plan, the Senior Real Property Officer shall:
      (i) identify and categorize all real property owned, leased, or
    otherwise managed by the agency, including, where applicable, those
    properties outside the United States in which the lease agreements
    and arrangements reflect the host country currency or involve
    alternative lease plans or rental agreements;
      (ii) prioritize actions to be taken to improve the operational
    and financial management of the agency's real property inventory;
      (iii) make life-cycle cost estimations associated with the
    prioritized actions;
      (iv) identify legislative authorities that are required to
    address these priorities;
      (v) identify and pursue goals, with appropriate deadlines,
    consistent with and supportive of the agency's asset management
    plan and measure progress against such goals;
      (vi) incorporate planning and management requirements for
    historic property under Executive Order 13287 of March 3, 2003 [16
    U.S.C. 470h-2 note], and for environmental management under
    Executive Order 13148 of April 21, 2000 [42 U.S.C. 4321 note]; and
      (vii) identify any other information and pursue any other actions
    necessary to the appropriate development and implementation of the
    agency asset management plan.
      (c) The Senior Real Property Officer shall be responsible, on an
    ongoing basis, for monitoring the real property assets of the
    agency so that agency assets are managed in a manner that is:
      (i) consistent with, and supportive of, the goals and objectives
    set forth in the agency's overall strategic plan under section 306
    of title 5, United States Code;
      (ii) consistent with the real property asset management
    principles developed by the Federal Real Property Council
    established in section 4 of this order; and
      (iii) reflected in the agency asset management plan.
      (d) The Senior Real Property Officer shall, on an annual basis,
    provide to the Director of the Office of Management and Budget and
    the Administrator of General Services:
      (i) information that lists and describes real property assets
    under the jurisdiction, custody, or control of that agency, except
    for classified information; and
      (ii) any other relevant information the Director of the Office of
    Management and Budget or the Administrator of General Services may
    request for inclusion in the Government-wide listing of all Federal
    real property assets and leased property.
      (e) The designation of the Senior Real Property Officer shall be
    made by agencies within 30 days after the date of this order.
      Sec. 4. Establishment of a Federal Real Property Council. (a) A
    Federal Real Property Council (Council) is established, within the
    Office of Management and Budget for administrative purposes, to
    develop guidance for, and facilitate the success of, each agency's
    asset management plan. The Council shall be composed exclusively of
    all agency Senior Real Property Officers, the Controller of the
    Office of Management and Budget, the Administrator of General
    Services, and any other full-time or permanent part-time Federal
    officials or employees as deemed necessary by the Chairman of the
    Council. The Deputy Director for Management of the Office of
    Management and Budget shall also be a member and shall chair the
    Council. The Office of Management and Budget shall provide funding
    and administrative support for the Council, as appropriate.
      (b) The Council shall provide a venue for assisting the Senior
    Real Property Officers in the development and implementation of the
    agency asset management plans. The Council shall work with the
    Administrator of General Services to establish appropriate
    performance measures to determine the effectiveness of Federal real
    property management. Such performance measures shall include, but
    are not limited to, evaluating the costs and benefits involved with
    acquiring, repairing, maintaining, operating, managing, and
    disposing of Federal real properties at particular agencies.
    Specifically, the Council shall consider, as appropriate, the
    following performance measures:
      (i) life-cycle cost estimations associated with the agency's
    prioritized actions;
      (ii) the costs relating to the acquisition of real property
    assets by purchase, condemnation, exchange, lease, or otherwise;
      (iii) the cost and time required to dispose of Federal real
    property assets and the financial recovery of the Federal
    investment resulting from the disposal;
      (iv) the operating, maintenance, and security costs at Federal
    properties, including but not limited to the costs of utility
    services at unoccupied properties;
      (v) the environmental costs associated with ownership of
    property, including the costs of environmental restoration and
    compliance activities;
      (vi) changes in the amounts of vacant Federal space;
      (vii) the realization of equity value in Federal real property
    assets;
      (viii) opportunities for cooperative arrangements with the
    commercial real estate community; and
      (ix) the enhancement of Federal agency productivity through an
    improved working environment. The performance measures shall be
    designed to enable the heads of executive branch agencies to track
    progress in the achievement of Government-wide property management
    objectives, as well as allow for comparing the performance of
    executive branch agencies against industry and other public sector
    agencies.
      (c) The Council shall serve as a clearinghouse for executive
    agencies for best practices in evaluating actual progress in the
    implementation of real property enhancements. The Council shall
    also work in conjunction with the President's Management Council to
    assist the efforts of the Senior Real Property Officials and the
    implementation of agency asset management plans.
      (d) The Council shall be organized and hold its first meeting
    within 60 days of the date of this order. The Council shall hold
    meetings not less often than once a quarter each fiscal year.
      Sec. 5. Role of the General Services Administration. (a) The
    Administrator of General Services shall, to the extent permitted by
    law and in consultation with the Federal Real Property Council,
    provide policy oversight and guidance for executive agencies for
    Federal real property management; manage selected properties for an
    agency at the request of that agency and with the consent of the
    Administrator; delegate operational responsibilities to an agency
    where the Administrator determines it will promote efficiency and
    economy, and where the receiving agency has demonstrated the
    ability and willingness to assume such responsibilities; and
    provide necessary leadership in the development and maintenance of
    needed property management information systems.
      (b) The Administrator of General Services shall publish common
    performance measures and standards adopted by the Council.
      (c) The Administrator of General Services, in consultation with
    the Federal Real Property Council, shall establish and maintain a
    single, comprehensive, and descriptive database of all real
    property under the custody and control of all executive branch
    agencies, except when otherwise required for reasons of national
    security. The Administrator shall collect from each executive
    branch agency such descriptive information, except for classified
    information, as the Administrator considers will best describe the
    nature, use, and extent of the real property holdings of the
    Federal Government.
      (d) The Administrator of General Services, in consultation with
    the Federal Real Property Council, may establish data and other
    information technology (IT) standards for use by Federal agencies
    in developing or upgrading Federal agency real property information
    systems in order to facilitate reporting on a uniform basis. Those
    agencies with particular IT standards and systems in place and in
    use shall be allowed to continue with such use to the extent that
    they are compatible with the standards issued by the Administrator.
      Sec. 6. General Provisions. (a) The Director of the Office of
    Management and Budget shall review, through the management and
    budget review processes, the efforts of departments and agencies in
    implementing their asset management plans and achieving the
    Government-wide property management policies established pursuant
    to this order.
      (b) The Office of Management and Budget and the General Services
    Administration shall, in consultation with the landholding
    agencies, develop legislative initiatives that seek to improve
    Federal real property management through the adoption of
    appropriate industry management techniques and the establishment of
    managerial accountability for implementing effective and efficient
    real property management practices.
      (c) Nothing in this order shall be construed to impair or
    otherwise affect the authority of the Director of the Office of
    Management and Budget with respect to budget, administrative, or
    legislative proposals.
      (d) Nothing in this order shall be construed to affect real
    property for the use of the President, Vice President, or, for
    protective purposes, the United States Secret Service.
      Sec. 7. Public Lands. In order to ensure that Federally owned
    lands, other than the real property covered by this order, are
    managed in the most effective and economic manner, the Departments
    of Agriculture and the Interior shall take such steps as are
    appropriate to improve their management of public lands and
    National Forest System lands and shall develop appropriate
    legislative proposals necessary to facilitate that result.
      Sec. 8. Executive Order 12512 of April 29, 1985, is hereby
    revoked.
      Sec. 9. Judicial Review. This order is intended only to improve
    the internal management of the executive branch and is not intended
    to, and does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity, against the United
    States, its departments, agencies, or other entities, its officers
    or employees, or any other person.
                                                         George W. Bush.

-End-

-CITE-
    40 USC Sec. 122                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 122. Prohibition on sex discrimination

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    122            40:476.                 June 30, 1949, ch. 288,      
                                            title VI, Sec. 606, as added
                                            Pub. L. 94-519, Sec. 8, Oct.
                                            17, 1976, 90 Stat. 2456.    
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.
    L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
    Act is classified generally to subchapter V (Sec. 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.

-End-

-CITE-
    40 USC Sec. 123                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 123. Civil remedies for fraud

-STATUTE-
      (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 individual's 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 court's
      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
      court's 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    123(a)         40:489(b).              June 30, 1949, ch. 288,      
                                            title II, Sec. 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 court's 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).

-End-

-CITE-
    40 USC Sec. 124                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 124. Agency use of amounts for property management

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    124            40:475(b).              June 30, 1949, ch. 288,      
                                            title VI, Sec. 603(b),      
                                            formerly Sec. 503(b), 63    
                                            Stat. 403; renumbered [Sec.]
                                            603(b), Sept. 5, 1950, ch.  
                                            849, Sec. 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 97-258, 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.

-End-

-CITE-
    40 USC Sec. 125                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 125. Library memberships

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    125            40:475(a).              June 30, 1949, ch. 288,      
                                            title VI, Sec. 603(a),      
                                            formerly Sec. 503(a), 63    
                                            Stat. 403; renumbered [Sec.]
                                            603(a), Sept. 5, 1950, ch.  
                                            849, Sec. 6(a), (b), 64     
                                            Stat. 583; Sept. 5, 1950,   
                                            ch. 849, Sec. 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.

-End-

-CITE-
    40 USC Sec. 126                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 1 - GENERAL
    SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

-HEAD-
    Sec. 126. Reports to Congress

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    126            40:492.                 June 30, 1949, ch. 288,      
                                            title II, Sec. 212, formerly
                                            Sec. 210, 63 Stat. 393;     
                                            renumbered Sec. 212, Sept.  
                                            5, 1950, ch. 849, Sec. 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. 103-7.

-End-

-CITE-
    40 USC CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES
           ADMINISTRATION                                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION

-HEAD-
        CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION    

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    301.        Establishment.                                        
    302.        Administrator and Deputy Administrator.               
    303.        Federal Acquisition Service.                          
    304.        Federal information centers.                          
    305.        Electronic Government and information technologies.   

                      SUBCHAPTER II - ADMINISTRATIVE                  
    311.        Personnel.                                            
    312.        Transfer and use of amounts for major equipment
                 acquisitions.                                        
    313.        Tests of materials.                                   

                          SUBCHAPTER III - FUNDS                      
    321.        Acquisition Services Fund.                            
    [322.       Repealed.]                                            
    323.        Consumer Information Center Fund.                     

                                AMENDMENTS                            
      2006 - Pub. L. 109-313, Secs. 2(a)(2), 3(h)(3), Oct. 6, 2006, 120
    Stat. 1734, 1736, substituted "Federal Acquisition Service" for
    "Functions" in item 303 and "Acquisition Services Fund" for
    "General Supply Fund" in item 321 and struck out item 322
    "Information Technology Fund".
      2002 - Pub. L. 107-347, title I, Sec. 102(a)(2), Dec. 17, 2002,
    116 Stat. 2910, added item 305.

-End-

-CITE-
    40 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    40 USC Sec. 301                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 301. Establishment

-STATUTE-
      The General Services Administration is an agency in the executive
    branch of the Federal Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    301            40:751(a).              June 30, 1949, ch. 288,      
                                            title I, Sec. 101(a), 63    
                                            Stat. 379.                  
    --------------------------------------------------------------------

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the General Services Administration, including the functions of the
    Administrator of General Services relating thereto, to the
    Secretary of Homeland Security, and for treatment of related
    references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-MISC2-
                    REORGANIZATION PLAN NO. 18 OF 1950                

              EFF. JULY 1, 1950, 15 F.R. 3177, 64 STAT. 1270          
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 13, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                  BUILDING AND SPACE MANAGEMENT FUNCTIONS              

       SECTION 1. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS   
      All functions with respect to acquiring space in buildings by
    lease, and all functions with respect to assigning and reassigning
    space in buildings for use by agencies (including both space
    acquired by lease and space in Government-owned buildings), are
    hereby transferred from the respective agencies in which such
    functions are now vested to the Administrator of General Services,
    exclusive, however, of all such functions with respect to - 
      (a) space in buildings located in any foreign country;
      (b) space in buildings which are located on the grounds of any
    fort, camp, post, arsenal, Navy yard, naval training station, air-
    field, proving ground, military supply depot, or school, or of any
    similar facility, of the Department of Defense, unless and to such
    extent as a permit for its use shall have been issued by the
    Secretary of Defense or his duly authorized representative;
      (c) space occupied by the Post Office Department in post-office
    buildings and space acquired by lease for post-office purposes; and
      (d) space in other Government-owned buildings which the
    Administrator of General Services finds are wholly or predominantly
    utilized for the special purposes of the agency having the custody
    thereof and are not generally suitable for the use of other
    agencies (including but not limited to hospitals, housing,
    laboratories, mints, manufacturing plants, and penal institutions),
    and space acquired by lease for any such purpose:

    Provided, That the space needs of the Post Office Department shall
    be given priority in the assignment and reassignment of space in
    post office buildings.

         SEC. 2. TRANSFER OF OFFICE BUILDING MANAGEMENT FUNCTIONS     
      All functions with respect to the operation, maintenance, and
    custody of office buildings owned by the Government and of office
    buildings or parts thereof acquired by lease, including those post-
    office buildings which, as determined by the Director of the
    Bureau of the Budget, are not used predominantly for post-office
    purposes, are hereby transferred from the respective agencies in
    which now vested to the Administrator of General Services,
    exclusive, however, of all such functions with respect to - 
      (a) any building located in any foreign country;
      (b) any building located on the grounds of any fort, camp, post,
    arsenal, navy yard, naval training station, air field, proving
    ground, military supply depot, or school, or of any similar
    facility, of the Department of Defense, unless and to such extent
    as a permit for its use by another agency or agencies shall have
    been issued by the Secretary of Defense or his duly authorized
    representative;
      (c) any building which the Administrator of General Services
    finds to be a part of a group of buildings which are (1) located in
    the same vicinity, (2) are utilized wholly or predominantly for the
    special purposes of the agency having custody thereof, and (3) are
    not generally suitable for the use of other agencies; and
      (d) the Treasury Building, the Bureau of Engraving and Printing
    Building, the buildings occupied by the National Bureau of
    Standards, and the buildings under the jurisdiction of the regents
    of the Smithsonian Institution.
      [References to National Bureau of Standards deemed to refer to
    National Institute of Standards and Technology pursuant to section
    5115(c) of Pub. L. 100-418, set out as a Change of Name note under
    15 U.S.C. 271.]

               SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      (a) The Administrator of General Services may from time to time
    make such provisions as he shall deem appropriate authorizing the
    performance by any other officer, or by any agency or employee, of
    the General Services Administration of any function transferred to
    such Administrator by the provisions of this reorganization plan.
      (b) When authorized by the Administrator of General Services, any
    function transferred to him by the provisions of this
    reorganization plan may be performed by the head of any agency of
    the executive branch of the Government or, subject to the direction
    and control of any such agency head, by such officers, employees,
    and organizational units under the jurisdiction of such agency head
    as such agency head may designate: Provided, That functions with
    respect to post-office buildings shall not be delegated under the
    authority of this subsection to the head of any agency other than
    the Postmaster General.
      (c) The Administrator of General Services shall prescribe such
    regulations as he deems desirable for the economical and effective
    performance of the functions transferred by the provisions of this
    reorganization plan.

        SEC. 4. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS    
      There shall be transferred from time to time, between the
    agencies concerned and for use in connection with the functions
    transferred by the provisions of this reorganization plan, so much
    of the personnel, property, records, and unexpended balances
    (available or to be made available) of appropriations, allocations,
    and other funds, relating to such functions, as may be necessary
    for the performance of said functions. Such further measures and
    dispositions as the Director of the Bureau of the Budget shall
    determine to be necessary in order to effectuate the transfers
    provided for in this section shall be carried out in such manner as
    the Director shall direct and by such agencies as he shall
    designate.

                          SEC. 5. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect on
    the 1st day of July 1950.
      [The Post Office Department has been redesignated the United
    States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug.
    12, 1970, 84 Stat. 783, set out as a note preceding section 101 of
    Title 39, Postal Service.]

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 18 of 1950, prepared
    in accordance with the provisions of the Reorganization Act of
    1949. The plan transfers to the Administrator of General Services
    the functions of the various Federal agencies with respect to
    leasing and assigning general-purpose space in buildings and the
    operation, maintenance, and custody of office buildings. Since such
    authority is already largely concentrated in the General Services
    Administration with respect to the District of Columbia, the plan
    principally relates to the administration of these functions in the
    field.
      The transfers made by this plan will promote more economical
    leasing, better utilization of building space, and more efficient
    operation of Government-controlled office buildings. They will
    effectuate the recommendations of the Commission on Organization of
    the Executive Branch of the Government with respect to
    concentrating in the General Services Administration the
    responsibility for space allotment and the operation of Government
    buildings outside of the District of Columbia. Likewise, they will
    extend the principles laid down by the Congress in enacting the
    Federal Property and Administrative Services Act of 1949 to another
    important area of Government-wide administrative services - the
    administration of Government office buildings and general-purpose
    building space in the field.
      Within the District of Columbia, one agency, the Public Buildings
    Service of the General Services Administration, has long had the
    operation and custody of most Government buildings and the leasing
    and assignment of space for executive agencies. Thus, nearly all
    requests for building space are handled by a single organization
    which is responsible for seeing that agencies are properly and
    efficiently housed. This arrangement has proved its worth and has
    repeatedly been approved by the Congress.
      Outside of the National Capital, however, responsibility for the
    acquisition and control of building space and the operation of
    Government buildings is widely diffused. A variety of agencies
    operate and control general-purpose buildings. If quarters are not
    available in Federal buildings, each agency ordinarily does its own
    leasing. As a result, in some cases Federal agencies have
    contracted for space at high rentals at the very time that other
    agencies have been giving up surplus low-cost space.
      The assignment of space in Government-owned buildings outside of
    Washington is also divided among a number of agencies. While the
    Public Buildings Service constructs a large part of the Government
    buildings, it operates and controls the assignment of space in only
    a small proportion of them. The Post Office Department operates and
    allocates the space in post-office buildings, several hundred of
    which contain substantial amounts of office space available for
    other agencies. During and immediately after the war several other
    Federal agencies acquired office buildings in the field. As their
    activities have contracted, surplus space in many of these
    structures has become available for other uses.
      This plan concentrates in the General Services Administration the
    responsibility for the leasing and assignment of what is termed
    general-purpose building space; that is, space which is suitable
    for the uses of a number of Federal agencies. It specifically
    excludes space in buildings at military posts, arsenals, navy
    yards, and similar defense installations and space in hospitals,
    laboratories, factories, and other special-purpose buildings.
      Also, the plan excludes the Post Office Department from the
    transfer of leasing authority since the Department has a highly
    developed organization for this purpose, and it limits the transfer
    of space assignment authority in post-office buildings to the space
    not occupied by the Department. Further, it gives the needs of the
    Post Office Department priority in the assignment of space in post-
    office buildings. Thus, the plan amply safeguards the interests of
    the Post Office Department while making it possible to include the
    general office space in post-office buildings in any given city
    with other similar space under Federal control in planning and
    executing an efficient program for housing Government agencies in
    that area.
      In addition, the plan transfers to the General Services
    Administration the operation, maintenance, and custody of office
    buildings owned or leased by the Government, including those post-
    office buildings which are not used predominantly for post-office
    purposes. This will make it possible to establish a single
    organization for the operation and maintenance of Government office
    buildings in principal cities in the field as has proved desirable
    in the National Capital. Since many post offices are in fact
    primarily large office buildings, the plan includes in this
    transfer the post-office buildings which are not used predominantly
    for post-office purposes. This will relieve the Post Office
    Department of a considerable expenditure for building operation and
    maintenance which properly should not be charged against postal
    revenues.
      While the plan effects a broad transfer of functions with respect
    to leasing and assignment of space and the operation and
    maintenance of office buildings, it specifically authorizes the
    Administrator of General Services to delegate the performance of
    any part of these functions to other agencies subject to such
    regulations as he deems desirable for economical and effective
    administration. In this the plan follows the pattern adopted by the
    Federal Property and Administrative Services Act of 1949 for other
    branches of property management. In large urban centers where
    numerous Federal units are located unified administration of space
    activities by the General Services Administration will normally be
    advantageous. On the other hand, in the smaller communities it will
    no doubt be desirable to delegate the work back to the agencies
    directly affected, to be carried on under standards laid down by
    the Administrator of General Services. The plan provides ample
    flexibility for working out the most effective administrative
    arrangement for each type of situation.
      The fundamental soundness and economy of centralized
    administration of building space have been amply demonstrated in
    the National Capital. By virtue of unified control it has been
    possible since the war to accomplish far-reaching changes which
    have consolidated agencies in much fewer locations, released many
    of the rented buildings, and greatly reduced the cost of housing
    the Government establishment. Similar procedures applied in the
    larger centers of field activity should produce substantial
    savings.
      After investigation, I have found, and hereby declare, that each
    reorganization contained in this plan is necessary to accomplish
    one or more of the purposes set forth in section 2(a) of the
    Reorganization Act of 1949.
      While it is not possible at this time to calculate the reduction
    in expenditures which will result from this plan, it can safely be
    predicted that it will produce substantial savings. I am confident
    that this reorganization plan will constitute a significant
    improvement in Federal business practice and will bring about an
    important increase in efficiency in housing Government agencies.
                                                         Harry S Truman.

-End-

-CITE-
    40 USC Sec. 302                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 302. Administrator and Deputy Administrator

-STATUTE-
      (a) Administrator. - The Administrator of General Services is the
    head of the General Services Administration. The Administrator is
    appointed by the President with the advice and consent of the
    Senate. The Administrator shall perform functions subject to the
    direction and control of the President.
      (b) Deputy Administrator. - The Administrator shall appoint a
    Deputy Administrator of General Services. The Deputy Administrator
    shall perform functions designated by the Administrator. The Deputy
    Administrator is Acting Administrator of General Services during
    the absence or disability of the Administrator and, unless the
    President designates another officer of the Federal Government,
    when the office of Administrator is vacant.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    302            40:751(b), (c).         June 30, 1949, ch. 288,      
                                            title I, Sec. 101(b), (c),  
                                            63 Stat. 379.               
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 303                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 303. Federal Acquisition Service

-STATUTE-
      (a) Establishment. - There is established in the General Services
    Administration a Federal Acquisition Service. The Administrator of
    General Services shall appoint a Commissioner of the Federal
    Acquisition Service, who shall be the head of the Federal
    Acquisition Service.
      (b) Functions. - Subject to the direction and control of the
    Administrator of General Services, the Commissioner of the Federal
    Acquisition Service shall be responsible for carrying out functions
    related to the uses for which the Acquisition Services Fund is
    authorized under section 321 of this title, including any functions
    that were carried out by the entities known as the Federal Supply
    Service and the Federal Technology Service and such other related
    functions as the Administrator considers appropriate.
      (c) Regional Executives. - The Administrator may appoint Regional
    Executives in the Federal Acquisition Service, to carry out such
    functions within the Federal Acquisition Service as the
    Administrator considers appropriate.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 109-313,
    Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    303(a)(1)      40:752(a).              June 30, 1949, ch. 288,      
                                            title I, Sec. 102, 63 Stat. 
                                            380; Sept. 5, 1950, ch. 849,
                                            Sec. 6(a), 64 Stat. 583.    
    303(a)(2)      40:752(c).                                           
    303(b)         40:753.                 June 30, 1949, ch. 288,      
                                            title I, Sec. 103, 63 Stat. 
                                            380.                        
    --------------------------------------------------------------------

      In subsection (a)(1), the text of 40:752(a) (2d, last sentences)
    is omitted as executed.
      Subsection (a)(2) is substituted for 40:752(c) to eliminate
    obsolete language.
      In subsection (b), the text of 40:753(a) (related to Public
    Roads) is omitted because the Bureau of Public Roads was
    transferred to the Department of Commerce under section 1 of
    Reorganization Plan No. 7 of 1949 (eff. Aug. 20, 1949, 63 Stat.
    1070), and subsequently transferred to the Department of
    Transportation under the Department of Transportation Act (Public
    Law 89-670, 80 Stat. 931). The text of 40:753(a) (last sentence
    related to Federal Works Agency transfers) and (b) is omitted as
    executed.

                                AMENDMENTS                            
      2006 - Pub. L. 109-313 amended section catchline and text
    generally. Prior to amendment, text read as follows:
      "(a) Bureau of Federal Supply. - 
        "(1) Transfer of functions. - Subject to paragraph (2), the
      functions of the Administrator of General Services include
      functions related to the Bureau of Federal Supply in the
      Department of the Treasury that, immediately before July 1, 1949,
      were functions of - 
          "(A) the Bureau;
          "(B) the Director of the Bureau;
          "(C) the personnel of the Bureau; or
          "(D) the Secretary of the Treasury.
        "(2) Functions not transferred. - The functions of the
      Administrator of General Services do not include functions
      retained in the Department of the Treasury under section 102(c)
      of the Federal Property and Administrative Services Act of 1949
      (ch. 288, 63 Stat. 380).
      "(b) Federal Works Agency and Commissioner of Public Buildings. -
    The functions of the Administrator of General Services include
    functions related to the Federal Works Agency and functions related
    to the Commissioner of Public Buildings that, immediately before
    July 1, 1949, were functions of - 
        "(1) the Federal Works Agency;
        "(2) the Federal Works Administrator; or
        "(3) the Commissioner of Public Buildings."

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 109-313, Sec. 2(c), Oct. 6, 2006, 120 Stat. 1735,
    provided that: "Any reference in any other Federal law, Executive
    order, rule, regulation, reorganization plan, or delegation of
    authority, or in any document - 
        "(1) to the Federal Supply Service is deemed to refer to the
      Federal Acquisition Service;
        "(2) to the GSA Federal Technology Service is deemed to refer
      to the Federal Acquisition Service;
        "(3) to the Commissioner of the Federal Supply Service is
      deemed to refer to the Commissioner of the Federal Acquisition
      Service; and
        "(4) to the Commissioner of the GSA Federal Technology Service
      is deemed to refer to the Commissioner of the Federal Acquisition
      Service."

-MISC2-
                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

-TRANS-
                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to the
    Administrator of General Services, see Parts 1, 2, and 18 of Ex.
    Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note
    under section 5195 of Title 42, The Public Health and Welfare.

-End-

-CITE-
    40 USC Sec. 304                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 304. Federal information centers

-STATUTE-
      The Administrator of General Services may establish within the
    General Services Administration a nationwide network of federal
    information centers for the purpose of providing the public with
    information about the programs and procedures of the Federal
    Government and for other appropriate and related purposes.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    304            40:760.                 June 30, 1949, ch. 288,      
                                            title I, Sec. 112, as added 
                                            Pub. L. 95-491, Sec. 2(a),  
                                            Oct. 20, 1978, 92 Stat. 1641.
    --------------------------------------------------------------------

      The text of 40:760(b) is omitted as unnecessary because of
    section 121(b)(1) of the revised title. The text of 40:760(c) is
    omitted because the authorization for fiscal year ending September
    30, 1980 is obsolete and the authorization for "such sums as may be
    necessary" for succeeding years is unnecessary.

-End-

-CITE-
    40 USC Sec. 305                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 305. Electronic Government and information technologies

-STATUTE-
      The Administrator of General Services shall consult with the
    Administrator of the Office of Electronic Government on programs
    undertaken by the General Services Administration to promote
    electronic Government and the efficient use of information
    technologies by Federal agencies.

-SOURCE-
    (Added Pub. L. 107-347, title I, Sec. 102(a)(1), Dec. 17, 2002, 116
    Stat. 2910.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 120 days after Dec. 17, 2002, see section
    402(a) of Pub. L. 107-347, set out as a note under section 3601 of
    Title 44, Public Printing and Documents.

-End-

-CITE-
    40 USC SUBCHAPTER II - ADMINISTRATIVE                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
                      SUBCHAPTER II - ADMINISTRATIVE                  

-End-

-CITE-
    40 USC Sec. 311                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 311. Personnel

-STATUTE-
      (a) Appointment and Compensation. - The Administrator of General
    Services, subject to chapters 33 and 51 and subchapter III of
    chapter 53 of title 5, may appoint and fix the compensation of
    personnel necessary to carry out chapters 1, 3, and 5 of this title
    and title III of the Federal Property and Administrative Services
    Act of 1949 (41 U.S.C. 251 et seq.).
      (b) Temporary Employment. - The Administrator may procure the
    temporary or intermittent services of experts or consultants under
    section 3109 of title 5 to the extent the Administrator finds
    necessary to carry out chapters 1, 3, and 5 of this title and title
    III of the Federal Property and Administrative Services Act of 1949
    (41 U.S.C. 251 et seq.).
      (c) Personnel From Other Agencies. - Notwithstanding section 973
    of title 10 or any other law, in carrying out functions under this
    subtitle the Administrator may use the services of personnel
    (including armed services personnel) from an executive agency other
    than the General Services Administration with the consent of the
    head of the agency.
      (d) Detail of Field Personnel to District of Columbia. - The
    Administrator, in the Administrator's discretion, may detail field
    personnel of the Administration to the District of Columbia for
    temporary duty for a period of not more than 30 days in any one
    case. Subsistence or similar expenses may not be allowed for an
    employee on temporary duty in the District of Columbia under this
    paragraph.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    311(a)-(c)     40:758.                 June 30, 1949, ch. 288,      
                                            title II, Sec. 208, 63 Stat.
                                            391; Sept. 5, 1950, ch. 849,
                                            Sec. 7(b), (c), 64 Stat. 590.
    311(d)         40:253.                 June 23, 1913, ch. 3, Sec. 1 
                                            (proviso on p. 17), 38 Stat.
                                            17.                         
    --------------------------------------------------------------------

      In subsections (a) and (b), 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 words "this Act", meaning the Federal Property and
    Administrative Services Act of 1949. See the revision note under
    section 111 of this title. Reference to title V of this Act is
    omitted as obsolete because of the Act of October 22, 1968 (Public
    Law 90-620, 82 Stat. 1238), the first section of which enacted
    Title 44, United States Code. The responsibilities of the
    Administrator of General Services under title V were given to the
    Archivist of the United States, National Historical Publications
    and Records Commission, and Advisory Committee on the Records of
    Congress.
      In subsection (a), the words "subject to chapters 33 and 51 and
    subchapter III of chapter 53 of title 5" are substituted for
    "subject to the civil-service and classification laws" because of
    section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80
    Stat. 631), the first section of which enacted Title 5, United
    States Code.
      In subsection (b), the words "under section 3109 of title 5" are
    substituted for "(not in excess of one year)" and "or organizations
    thereof, including stenographic reporting services, by contract or
    appointment, and in such cases such service shall be without regard
    to the civil-service and classification laws, and except in the
    case of stenographic reporting services by organizations, without
    regard to section 5 of title 41" for clarity and to eliminate
    unnecessary words.
      In subsection (c), the words "section 973 of title 10" are
    substituted for "section 1222 of the Revised Statutes (10 U. S. C.
    576)" in section 208(c) of the Federal Property and Administrative
    Services Act of 1949 because of section 49(b) of the Act of August
    10, 1956 (ch. 1041, 70A Stat. 640), the first section of which
    enacted Title 10, United States Code, and section 4(a)(5) and (6)
    of the Act of January 2, 1968 (Public Law 90-235, 81 Stat. 759).
    The words "personnel (including armed services personnel) from an
    executive agency other than the General Services Administration"
    are substituted for "officials, officers, and other personnel in
    other executive agencies, including personnel of the armed
    services" for clarity and to eliminate unnecessary words.
      In subsection (d), the words "On and after June 23, 1913" are
    omitted as obsolete. The word "Administrator" is substituted for
    "Secretary of the Treasury" [subsequently changed to "Federal Works
    Administrator" because of section 301 of Reorganization Plan No. I
    of 1939 (eff. July 1, 1939, 53 Stat. 1426)], and the word
    "Administration" [meaning the General Services Administration] is
    substituted for "public-buildings service" and "Office of the
    Supervising Architect" [subsequently changed to "Public Buildings
    Administration" because of section 1 of Executive Order No. 6166
    (eff. June 10, 1933) and section 303 of Reorganization Plan No. I
    of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of 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. The words "such as supervising
    superintendents, superintendents, junior superintendents, and
    inspectors of the several classes" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsecs. (a) and (b), is act June 30, 1949, ch. 288,
    63 Stat. 377, as amended. Title III of the Act is classified
    generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title
    41, Public Contracts. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    40 USC Sec. 312                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 312. Transfer and use of amounts for major equipment
      acquisitions

-STATUTE-
      (a) In General. - Subject to subsection (b), unobligated balances
    of amounts appropriated or otherwise made available to the General
    Services Administration for operating expenses and salaries and
    expenses may be transferred and merged into the "Major equipment
    acquisitions and development activity" of the Salaries and
    Expenses, General Management and Administration appropriation
    account for - 
        (1) agency-wide acquisition of capital equipment, automated
      data processing systems; and
        (2) financial management and management information systems
      needed to implement the Chief Financial Officers Act of 1990
      (Public Law 101-576, 104 Stat. 2838) and other laws or
      regulations.

      (b) Requirements and Availability. - 
        (1) Time for transfer. - Transfer of an amount under this
      section must be done no later than the end of the fifth fiscal
      year after the fiscal year for which the amount is appropriated
      or otherwise made available.
        (2) Approval for use. - An amount transferred under this
      section may be used only with the advance approval of the
      Committees on Appropriations of the House of Representatives and
      the Senate.
        (3) Availability. - An amount transferred under this section
      remains available until expended.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1073.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    312            40:755a.                Pub. L. 103-123, title IV,   
                                            Sec. 5, Oct. 28, 1993, 107  
                                            Stat. 1246.                 
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "For fiscal year
    1993 and thereafter" and "during such fiscal year" are omitted as
    unnecessary. In clause (2), the words "Chief Financial Officers Act
    of 1990" are substituted for "Chief Financial Officers Act" as the
    probable intent of Congress.
      In subsection (b)(2), the words "in fiscal year 1993 and
    thereafter" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Chief Financial Officers Act of 1990, referred to in subsec.
    (a)(2), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
    complete classification of this Act to the Code, see Short Title of
    1990 Amendment note set out under section 501 of Title 31, Money
    and Finance, and Tables.

-End-

-CITE-
    40 USC Sec. 313                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 313. Tests of materials

-STATUTE-
      (a) Scope. - This section applies to any article or commodity
    tendered by a producer or vendor for sale or lease to the General
    Services Administration or to any procurement authority acting
    under the direction and control of the Administrator of General
    Services pursuant to this subtitle.
      (b) Authority To Conduct Tests. - The Administrator, in the
    Administrator's discretion and with the consent of the producer or
    vendor, may have tests conducted, in a manner the Administrator
    specifies, to - 
        (1) determine whether an article or commodity conforms to
      prescribed specifications and standards; or
        (2) aid in the development of specifications and standards.

      (c) Fees. - 
        (1) In general. - The Administrator shall charge the producer
      or vendor a fee for the tests.
        (2) Amount of fee if tests predominantly serve interest of
      producer or vendor. - If the Administrator determines that
      conducting the tests predominantly serves the interest of the
      producer or vendor, the Administrator shall fix the fee in an
      amount that will recover the costs of conducting the tests,
      including all components of the costs, determined in accordance
      with accepted accounting principles.
        (3) Amount of fee if tests do not predominantly serve interest
      of producer or vendor. - If the Administrator determines that
      conducting the tests does not predominantly serve the interest of
      the producer or vendor, the Administrator shall fix the fee in an
      amount the Administrator determines is reasonable for furnishing
      the testing service.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1073.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    313(a)         40:756(g) (1st          June 30, 1949, ch. 288,      
                    sentence words          title I, Sec. 109(g) (1st-3d
                    before 1st comma).      sentences), as added Sept.  
                                            5, 1950, ch. 849, Sec. 3(b),
                                            64 Stat. 579; Pub. L.       
                                            86-591, July 5, 1960, 74    
                                            Stat. 330.                  
    313(b)         40:756(g) (1st                                       
                    sentence words                                      
                    after 1st comma).                                   
    313(c)         40:756(g) (2d, 3d                                    
                    sentences).                                         
    --------------------------------------------------------------------

      In subsection (b), the word "contemplated" is omitted as
    unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER III - FUNDS                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER III - FUNDS

-HEAD-
                          SUBCHAPTER III - FUNDS                      

-End-

-CITE-
    40 USC Sec. 321                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER III - FUNDS

-HEAD-
    Sec. 321. Acquisition Services Fund

-STATUTE-
      (a) Existence. - The Acquisition Services Fund is a special fund
    in the Treasury.
      (b) Composition. - 
        (1) In general. - The Fund is composed of amounts authorized to
      be transferred to the Fund or otherwise made available to the
      Fund.
        (2) Other credits. - The Fund shall be credited with all
      reimbursements, advances, and refunds or recoveries relating to
      personal property or services procured through the Fund,
      including - 
          (A) the net proceeds of disposal of surplus personal
        property; and
          (B) receipts from carriers and others for loss of, or damage
        to, personal property; and
          (C) receipts from agencies charged fees pursuant to rates
        established by the Administrator.

        (3) Cost and capital requirements. - The Administrator shall
      determine the cost and capital requirements of the Fund for each
      fiscal year and shall develop a plan concerning such requirements
      in consultation with the Chief Financial Officer of the General
      Services Administration. Any change to the cost and capital
      requirements of the Fund for a fiscal year shall be approved by
      the Administrator. The Administrator shall establish rates to be
      charged agencies provided, or to be provided, supply of personal
      property and non-personal services through the Fund, in
      accordance with the plan.
        (4) Deposit of fees. - Fees collected by the Administrator
      under section 313 of this title may be deposited in the Fund to
      be used for the purposes of the Fund.

      (c) Uses. - 
        (1) In general. - The Fund is available for use by or under the
      direction and control of the Administrator for - 
          (A) procuring, for the use of federal agencies in the proper
        discharge of their responsibilities - 
            (i) personal property (including the purchase from or
          through the Public Printer, for warehouse issue, of standard
          forms, blankbook work, standard specifications, and other
          printed material in common use by federal agencies and not
          available through the Superintendent of Documents);
            (ii) nonpersonal services; and
            (iii) personal services related to the provision of
          information technology (as defined in section 11101(6) of
          this title);

          (B) paying the purchase price, cost of transportation of
        personal property and services, and cost of personal services
        employed directly in the repair, rehabilitation, and conversion
        of personal property; and
          (C) paying other direct costs of, and indirect costs that are
        reasonably related to, contracting, procurement, inspection,
        storage, management, distribution, and accountability of
        property and nonpersonal services provided by the General
        Services Administration or by special order through the
        Administration.

        (2) Other uses. - The Fund may be used for the procurement of
      personal property and nonpersonal services authorized to be
      acquired by - 
          (A) mixed-ownership Government corporations;
          (B) the municipal government of the District of Columbia; or
          (C) a requisitioning non-federal agency when the function of
        a federal agency authorized to procure for it is transferred to
        the Administration.

      (d) Payment for Property and Services. - 
        (1) In general. - For property or services procured through the
      Fund for requisitioning agencies, the agencies shall pay prices
      the Administrator fixes under this subsection.
        (2) Prices fixed by administrator. - The Administrator shall
      fix prices at levels sufficient to recover - 
          (A) so far as practicable - 
            (i) the purchase price;
            (ii) the transportation cost;
            (iii) inventory losses;
            (iv) the cost of personal services employed directly in the
          repair, rehabilitation, and conversion of personal property;
            (v) the cost of personal services employed directly in
          providing information technology (as defined in section
          11101(6) of this title); and
            (vi) the cost of amortization and repair of equipment used
          for lease or rent to executive agencies; and

          (B) properly allocable costs payable by the Fund under
        subsection (c)(1)(C).

        (3) Timing of payments. - 
          (A) Payment in advance. - A requisitioning agency shall pay
        in advance when the Administrator determines that there is
        insufficient capital otherwise available in the Fund. Payment
        in advance may also be made under an agreement between a
        requisitioning agency and the Administrator.
          (B) Prompt reimbursement. - If payment is not made in
        advance, the Administration shall be reimbursed promptly out of
        amounts of the requisitioning agency in accordance with
        accounting procedures approved by the Comptroller General.
          (C) Failure to make prompt reimbursement. - The Administrator
        may obtain reimbursement by the issuance of transfer and
        counterwarrants, or other lawful transfer documents, supported
        by itemized invoices, if payment is not made by a
        requisitioning agency within 45 days after the later of - 
            (i) the date of billing by the Administrator; or
            (ii) the date on which actual liability for personal
          property or services is incurred by the Administrator.

      (e) Reimbursement for Equipment Purchased for Congress. - The
    Administrator may accept periodic reimbursement from the Senate and
    from the House of Representatives for the cost of any equipment
    purchased for the Senate or the House of Representatives with money
    from the Fund. The amount of each periodic reimbursement shall be
    computed by amortizing the total cost of each item of equipment
    over the useful life of the equipment, as determined by the
    Administrator, in consultation with the Sergeant at Arms and
    Doorkeeper of the Senate or the Chief Administrative Officer of the
    House of Representatives, as appropriate.
      (f) Transfer of Uncommitted Balances. - Following the close of
    each fiscal year, after making provision for a sufficient level of
    inventory of personal property to meet the needs of Federal
    agencies, the replacement cost of motor vehicles, and other
    anticipated operating needs reflected in the cost and capital plan
    developed under subsection (b), the uncommitted balance of any
    funds remaining in the Fund shall be transferred to the general
    fund of the Treasury as miscellaneous receipts.
      (g) Audits. - The Comptroller General shall audit the Fund in
    accordance with the provisions of chapter 35 of title 31 and report
    the results of the audits.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1074; Pub. L. 109-313,
    Sec. 3(d)-(g), (h)(2), Oct. 6, 2006, 120 Stat. 1735, 1736.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    321(a)         40:756(a) (1st          June 30, 1949, ch. 288,      
                    sentence).              title I, Sec. 109(a)-(c),   
                                            (e), (f), 63 Stat. 382;     
                                            Sept. 5, 1950, ch. 849,     
                                            Secs. 1, 2(a), (b), 3(a), 64
                                            Stat. 578, 579; July 12,    
                                            1952, ch. 703, Sec.         
                                            1(c)-(e), 66 Stat. 593; Pub.
                                            L. 87-372, Oct. 4, 1961, 75 
                                            Stat. 802; Pub. L. 87-600,  
                                            Sec. 1(a), (b), (d), Aug.   
                                            24, 1962, 76 Stat. 401; Pub.
                                            L. 93-604, title VII, Sec.  
                                            701, Jan. 2, 1975, 88 Stat. 
                                            1963; Pub. L. 94-273, Sec.  
                                            2(19), Apr. 21, 1976, 90    
                                            Stat. 375; Pub. L. 100-202, 
                                            Sec. 101(m) [title VI, Sec. 
                                            619(a), (b)], Dec. 22, 1987,
                                            101 Stat. 1329-427.         
    321(b)(1)      40:756(a) (2d                                        
                    sentence).                                          
    321(b)(2)      40:756(c).                                           
    321(b)(3)      40:756(g) (last         June 30, 1949, ch. 288,      
                    sentence).              title I, Sec. 109(g) (last  
                                            sentence), as added Sept. 5,
                                            1950, ch. 849, Sec. 3(b), 64
                                            Stat. 579; Pub. L. 86-591,  
                                            July 5, 1960, 74 Stat. 330. 
    321(c)(1)      40:756(a) (last                                      
                    sentence).                                          
    321(c)(2)      40:756(f).                                           
    321(d)         40:756(b).                                           
    321(e)         40:756b.                Pub. L. 99-500, Sec. 151,    
                                            Oct. 18, 1986, 100 Stat.    
                                            1783-352; Pub. L. 99-591,   
                                            Sec. 151, Oct. 30, 1986, 100
                                            Stat. 3341-355; Pub. L.     
                                            100-202, Sec. 101(i) [title 
                                            I, Sec. 4], Dec. 22, 1987,  
                                            101 Stat. 1329-294; Pub. L. 
                                            104-186, title II, Sec.     
                                            221(15), Aug. 20, 1996, 110 
                                            Stat. 1750.                 
    321(f)(1)      40:756(e)(1).                                        
    321(f)(2)      40:756a.                Pub. L. 97-12, title I,      
                                            (proviso in par. under      
                                            heading "General Supply     
                                            Fund"), June 5, 1981, 95    
                                            Stat. 75.                   
    321(g)         40:756(e)(2).                                        
    --------------------------------------------------------------------

      In subsection (b)(1), the words "the assets of the general supply
    fund (including any surplus therein) created by section 3 of the
    Act of February 27, 1929 (45 Stat. 1342; 41 U.S.C. 7c), and
    transferred to the Administrator by section 752 of this title" and
    "the fund shall assume all of the liabilities, obligations, and
    commitments of the general supply fund created by such Act of
    February 27, 1929" are omitted as executed and obsolete.
      In subsection (b)(2)(B), the words "Amounts credited under this
    paragraph" are substituted for "and the same" for clarity.
      In subsection (c)(2), the words "Subject to the requirements of
    subsections (a) to (e) of this section" are omitted as unnecessary.
      In subsection (d)(1), the words "For property or services
    procured through the Fund for requisitioning agencies" are added
    for clarity.
      In subsection (d)(2)(B), the words "with respect to the supplies
    or services concerned" are omitted as included in "properly
    allocable costs".
      In subsection (e), the text of 40:756b(b) and the words
    "Notwithstanding any other provision of law" are omitted as
    unnecessary.
      In subsection (f)(2), the words "on and after June 5, 1981" are
    omitted as obsolete.

                                AMENDMENTS                            
      2006 - Pub. L. 109-313, Sec. 3(h)(2), substituted "Acquisition
    Services Fund" for "General Supply Fund" in section catchline.
      Subsecs. (a), (b). Pub. L. 109-313, Sec. 3(d), amended subsecs.
    (a) and (b) generally. Prior to amendment, subsecs. (a) and (b)
    related to the existence and composition, respectively, of the
    General Supply Fund.
      Subsec. (c)(1)(A)(iii). Pub. L. 109-313, Sec. 3(e), added cl.
    (iii).
      Subsec. (d)(2)(A)(v), (vi). Pub. L. 109-313, Sec. 3(f), added cl.
    (v) and redesignated former cl. (v) as (vi).
      Subsec. (f). Pub. L. 109-313, Sec. 3(g), amended heading and text
    of subsec. (f) generally. Prior to amendment, text read as follows:
      "(1) Surplus deposited in treasury. - As of September 30 of each
    year, any surplus in the Fund above the amounts transferred or
    appropriated to establish and maintain the Fund (all assets,
    liabilities, and prior losses considered) shall be deposited in the
    Treasury as miscellaneous receipts.
      "(2) Surplus retained. - From any surplus generated by operation
    of the Fund, the Administrator may retain amounts necessary to
    maintain a sufficient level of inventory of personal property to
    meet the needs of the federal agencies."

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

                         ACQUISITION SERVICES FUND                     
      Pub. L. 109-313, Sec. 3(a)-(c), Oct. 6, 2006, 120 Stat. 1735,
    provided that:
      "(a) Abolishment of General Supply Fund and Information
    Technology Fund. - The General Supply Fund and the Information
    Technology Fund in the Treasury are hereby abolished.
      "(b) Transfers. - Capital assets and balances remaining in the
    General Supply Fund and the Information Technology Fund as in
    existence immediately before this section takes effect [see
    Effective Date of 2006 Amendment note above] shall be transferred
    to the Acquisition Services Fund and shall be merged with and be
    available for the purposes of the Acquisition Services Fund under
    section 321 of title 40, United States Code (as amended by this
    Act).
      "(c) Assumption of Obligations. - Any liabilities, commitments,
    and obligations of the General Supply Fund and the Information
    Technology Fund as in existence immediately before this section
    takes effect shall be assumed by the Acquisition Services Fund."

-End-

-CITE-
    40 USC Sec. 322                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER III - FUNDS

-HEAD-
    Sec. 322. Repealed.

-MISC1-
    [Sec. 322. Repealed. Pub. L. 109-313, Sec. 3(h)(1), Oct. 6, 2006,
      120 Stat. 1736].
      Section, Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1076, related
    to an Information Technology Fund in the Treasury.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 60 days after Oct. 6, 2006, see section 6 of
    Pub. L. 109-313, set out as an Effective Date of 2006 Amendment
    note under section 5316 of Title 5, Government Organization and
    Employees.

-End-

-CITE-
    40 USC Sec. 323                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
    SUBCHAPTER III - FUNDS

-HEAD-
    Sec. 323. Consumer Information Center Fund

-STATUTE-
      (a) Existence. - There is in the Treasury a Consumer Information
    Center Fund, General Services Administration, for the purpose of
    disseminating Federal Government consumer information to the public
    and for other related purposes.
      (b) Deposits. - Money shall be deposited into the Fund from - 
        (1) appropriations from the Treasury for Consumer Information
      Center activities;
        (2) user fees from the public;
        (3) reimbursements from other federal agencies for costs of
      distributing publications; and
        (4) any other income incident to Center activities.

      (c) Expenditures. - Money deposited into the Fund is available
    for expenditure for Center activities in amounts specified in
    appropriation laws. The Fund shall assume all liabilities,
    obligations, and commitments of the Center account.
      (d) Unobligated Balances. - Any unobligated balances at the end
    of a fiscal year remain in the Fund and are available for
    authorization in appropriation laws for subsequent fiscal years.
      (e) Gift Account. - The Center may accept and deposit to this
    account gifts for purposes of defraying the costs of printing,
    publishing, and distributing consumer information and educational
    materials and undertaking other consumer information activities. In
    addition to amounts appropriated or otherwise made available, the
    Center may expend the gifts for these purposes and any balance
    remains available for expenditure.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1077.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    323(a)-(d)     40:761.                 Pub. L. 98-63, title I, Sec. 
                                            101 (1st-9th sentences in   
                                            par. under heading "Consumer
                                            Information Center Fund"),  
                                            July 30, 1983, 97 Stat. 321.
    323(e)         40:761a.                Pub. L. 105-65, title III,   
                                            (last proviso in par. under 
                                            heading "Consumer           
                                            Information Center Fund"),  
                                            Oct. 27, 1997, 111 Stat.    
                                            1377.                       
    --------------------------------------------------------------------

      In this section, the text of 40:761 (6th-last sentences) is
    omitted as obsolete.
      In subsection (a), the words "Notwithstanding any other provision
    of law" are omitted as unnecessary.
      In subsection (b), the words "for fiscal year 1983 and subsequent
    fiscal years" are omitted as obsolete and unnecessary.
      In subsection (e), the words "Notwithstanding any other provision
    of law" and "during fiscal year 1998 and hereafter" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC CHAPTER 5 - PROPERTY MANAGEMENT                      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT

-HEAD-
                      CHAPTER 5 - PROPERTY MANAGEMENT                  

-MISC1-
                SUBCHAPTER I - PROCUREMENT AND WAREHOUSING            
    Sec.                                                     
    501.        Services for executive agencies.                      
    502.        Services for other entities.                          
    503.        Exchange or sale of similar items.                    
    504.        Agency cooperation for inspection.                    
    505.        Exchange or transfer of medical supplies.             
    506.        Inventory controls and systems.                       

                      SUBCHAPTER II - USE OF PROPERTY                  
    521.        Policies and methods.                                 
    522.        Reimbursement for transfer of excess property.        
    523.        Excess real property located on Indian reservations.  
    524.        Duties of executive agencies.                         
    525.        Excess personal property for federal agency grantees. 
    526.        Temporary assignment of excess real property.         
    527.        Abandonment, destruction, or donation of property.    
    528.        Utilization of excess furniture.                      
    529.        Annual executive agency reports on excess personal
                 property.                                            

                  SUBCHAPTER III - DISPOSING OF PROPERTY              
    541.        Supervision and direction.                            
    542.        Care and handling.                                    
    543.        Method of disposition.                                
    544.        Validity of transfer instruments.                     
    545.        Procedure for disposal.                               
    546.        Contractor inventories.                               
    547.        Agricultural commodities, foods, and cotton or woolen
                 goods.                                               
    548.        Surplus vessels.                                      
    549.        Donation of personal property through state agencies. 
    550.        Disposal of real property for certain purposes.       
    551.        Donations to American Red Cross.                      
    552.        Abandoned or unclaimed property on Government
                 premises.                                            
    553.        Property for correctional facility, law enforcement,
                 and emergency management response purposes.          
    554.        Property for development or operation of a port
                 facility.                                            
    555.        Donation of law enforcement canines to handlers.      
    556.        Disposal of dredge vessels.                           
    557.        Donation of books to Free Public Library.             
    558.        Donation of forfeited vessels.                        
    559.        Advice of Attorney General with respect to antitrust
                 law.                                                 

              SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER          
    571.        General rules for deposit and use of proceeds.        
    572.        Real property.                                        
    573.        Personal property.                                    
    574.        Other rules regarding proceeds.                       

       SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES   
    581.        General authority of Administrator of General
                 Services.                                            
    582.        Management of buildings by Administrator of General
                 Services.                                            
    583.        Construction of buildings.                            
    584.        Assignment and reassignment of space.                 
    585.        Lease agreements.                                     
    586.        Charges for space and services.                       
    587.        Telecommuting and other alternative workplace
                 arrangements.                                        
    588.        Movement and supply of office furniture.              
    589.        Installation, repair, and replacement of sidewalks.   
    590.        Child care.                                           
    591.        Purchase of electricity.                              
    592.        Federal Buildings Fund.                               
    593.        Protection for veterans preference employees.         

      SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS  
    601.        Purposes.                                             
    602.        Authority to establish motor vehicle pools and
                 transportation systems.                              
    603.        Process for establishing motor vehicle pools and
                 transportation systems.                              
    604.        Treatment of assets taken over to establish motor
                 vehicle pools and transportation systems.            
    605.        Payment of costs.                                     
    606.        Regulations related to operation.                     
    607.        Records.                                              
    608.        Scrip, tokens, tickets.                               
    609.        Identification of vehicles.                           
    610.        Discontinuance of motor vehicle pool or system.       
    611.        Duty to report violations.                            

-End-

-CITE-
    40 USC SUBCHAPTER I - PROCUREMENT AND WAREHOUSING           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
                SUBCHAPTER I - PROCUREMENT AND WAREHOUSING            

-End-

-CITE-
    40 USC Sec. 501                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 501. Services for executive agencies

-STATUTE-
      (a) Authority of Administrator of General Services. - 
        (1) In general. - The Administrator of General Services shall
      take action under this subchapter for an executive agency - 
          (A) to the extent that the Administrator of General Services
        determines that the action is advantageous to the Federal
        Government in terms of economy, efficiency, or service; and
          (B) with due regard to the program activities of the agency.

        (2) Exemption for defense. - The Secretary of Defense may
      exempt the Department of Defense from an action taken by the
      Administrator of General Services under this subchapter, unless
      the President directs otherwise, whenever the Secretary
      determines that an exemption is in the best interests of national
      security.

      (b) Procurement and Supply. - 
        (1) Functions. - 
          (A) In general. - The Administrator of General Services shall
        procure and supply personal property and nonpersonal services
        for executive agencies to use in the proper discharge of their
        responsibilities, and perform functions related to procurement
        and supply including contracting, inspection, storage, issue,
        property identification and classification, transportation and
        traffic management, management of public utility services, and
        repairing and converting.
          (B) Public utility contracts. - A contract for public utility
        services may be made for a period of not more than 10 years.

        (2) Policies and methods. - 
          (A) In general. - The Administrator of General Services shall
        prescribe policies and methods for executive agencies regarding
        the procurement and supply of personal property and nonpersonal
        services and related functions.
          (B) Controlling regulation. - Policies and methods prescribed
        by the Administrator of General Services under this paragraph
        are subject to regulations prescribed by the Administrator for
        Federal Procurement Policy under the Office of Federal
        Procurement Policy Act (41 U.S.C. 401 et seq.).

      (c) Representation. - For transportation and other public utility
    services used by executive agencies, the Administrator of General
    Services shall represent the agencies - 
        (1) in negotiations with carriers and other public utilities;
      and
        (2) in proceedings involving carriers or other public utilities
      before federal and state regulatory bodies.

      (d) Facilities. - The Administrator of General Services shall
    operate, for executive agencies, warehouses, supply centers, repair
    shops, fuel yards, and other similar facilities. After consultation
    with the executive agencies affected, the Administrator of General
    Services shall consolidate, take over, or arrange for executive
    agencies to operate the facilities.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1079.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    501(a)         40:481(a) (words        June 30, 1949, ch. 288,      
                    before cl. (1),         title II, Sec. 201(a), 63   
                    last proviso).          Stat. 383; Pub. L. 93-400,  
                                            Sec. 15(1), Aug. 30, 1974,  
                                            88 Stat. 800; Pub. L. 96-83,
                                            Sec. 10(a), Oct. 10, 1979,  
                                            93 Stat. 652; Pub. L.       
                                            98-191, Secs. 8(d)(1),      
                                            9(a)(2), Dec. 1, 1983, 97   
                                            Stat. 1331.                 
    501(b)         40:481(a)(1), (3).                                   
    501(c)         40:481(a)(4).                                        
    501(d)         40:481(a)(2).                                        
    --------------------------------------------------------------------

      In subsection (a)(2), the words "from time to time" are omitted
    as unnecessary. The words "Department of Defense" are substituted
    for "National Military Establishment" in section 201(a) (last
    proviso) of the Federal Property and Administrative Services Act of
    1949, because the Department of Defense was deemed to succeed the
    National Military Establishment under section 12(a) and (g) of the
    National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591).
    The words "or which may be taken" are omitted as unnecessary.
      In subsection (b)(2)(B), the words "subject to regulations" are
    substituted for "subject to regulations and regulations" in section
    201(a)(1) of the Federal Property and Administrative Services Act
    of 1949 to correct an error resulting from an inconsistency between
    section 8(d)(1) and section 9(a)(2) of the Office of Federal
    Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97
    Stat. 1331).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (b)(2)(B), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796,
    as amended, which is classified principally to chapter 7 (Sec. 401
    et seq.) of Title 41, Public Contracts. For complete classification
    of this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.

-End-

-CITE-
    40 USC Sec. 502                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 502. Services for other entities

-STATUTE-
      (a) Federal Agencies, Mixed-Ownership Government Corporations,
    and the District of Columbia. - On request, the Administrator of
    General Services shall provide, to the extent practicable, any of
    the services specified in section 501 of this title to - 
        (1) a federal agency;
        (2) a mixed-ownership Government corporation (as defined in
      section 9101 of title 31); or
        (3) the District of Columbia.

      (b) Qualified Nonprofit Agencies. - 
        (1) In general. - On request, the Administrator may provide, to
      the extent practicable, any of the services specified in section
      501 of this title to an agency that is - 
          (A)(i) a qualified nonprofit agency for the blind (as defined
        in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C.
        48b(3))); or
          (ii) a qualified nonprofit agency for other severely
        handicapped (as defined in section 5(4) of the Javits-Wagner-
        O'Day Act (41 U.S.C. 48b(4))); and
          (B) providing a commodity or service to the Federal
        Government under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
        seq.).

        (2) Use of services. - A nonprofit agency receiving services
      under this subsection shall use the services directly in making
      or providing to the Government a commodity or service that has
      been determined by the Committee for Purchase From People Who Are
      Blind or Severely Disabled under section 2 of the Javits-Wagner-
      O'Day Act (41 U.S.C. 47) to be suitable for procurement by the
      Government.

      (c) Use of Certain Supply Schedules. - 
        (1) In general. - The Administrator may provide for the use by
      State or local governments of Federal supply schedules of the
      General Services Administration for automated data processing
      equipment (including firmware), software, supplies, support
      equipment, and services (as contained in Federal supply
      classification code group 70).
        (2) Voluntary use. - In any case of the use by a State or local
      government of a Federal supply schedule pursuant to paragraph
      (1), participation by a firm that sells to the Federal Government
      through the supply schedule shall be voluntary with respect to a
      sale to the State or local government through such supply
      schedule.
        (3) Definitions. - In this subsection:
          (A) The term "State or local government" includes any State,
        local, regional, or tribal government, or any instrumentality
        thereof (including any local educational agency or institution
        of higher education).
          (B) The term "tribal government" means - 
            (i) the governing body of any Indian tribe, band, nation,
          or other organized group or community located in the
          continental United States (excluding the State of Alaska)
          that is recognized as eligible for the special programs and
          services provided by the United States to Indians because of
          their status as Indians, and
            (ii) any Alaska Native regional or village corporation
          established pursuant to the Alaska Native Claims Settlement
          Act (43 U.S.C. 1601 et seq.).

          (C) The term "local educational agency" has the meaning given
        that term in section 8013 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7713).
          (D) The term "institution of higher education" has the
        meaning given that term in section 101(a) of the Higher
        Education Act of 1965 (20 U.S.C. 1001(a)).

      (d) Use of Supply Schedules for Certain Goods and Services. - 
        (1) In general. - The Administrator may provide for the use by
      State or local governments of Federal supply schedules of the
      General Services Administration for goods or services that are to
      be used to facilitate recovery from a major disaster declared by
      the President under the Robert T. Stafford Disaster Relief and
      Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to
      facilitate recovery from terrorism or nuclear, biological,
      chemical, or radiological attack.
        (2) Determination by secretary of homeland security. - The
      Secretary of Homeland Security shall determine which goods and
      services qualify as goods and services described in paragraph (1)
      before the Administrator provides for the use of the Federal
      supply schedule relating to such goods and services.
        (3) Voluntary use. - In the case of the use by a State or local
      government of a Federal supply schedule pursuant to paragraph
      (1), participation by a firm that sells to the Federal Government
      through the supply schedule shall be voluntary with respect to a
      sale to the State or local government through such supply
      schedule.
        (4) Definitions. - The definitions in subsection (c)(3) shall
      apply for purposes of this subsection.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107-347,
    title II, Sec. 211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109-
    364, div. A, title VIII, Sec. 833(a), Oct. 17, 2006, 120 Stat.
    2332.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    502(a)         40:481(b)(1).           June 30, 1949, ch. 288,      
                                            title II, Sec. 201(b), 63   
                                            Stat. 384; Sept. 5, 1950,   
                                            ch. 849, Sec. 8(b), 64 Stat.
                                            591; Pub. L. 103-355, title 
                                            I, Sec. 1555, Oct. 13, 1994,
                                            108 Stat. 3300; Pub. L.     
                                            105-61, title IV, Sec. 413, 
                                            Oct. 10, 1997, 111 Stat.    
                                            1300.                       
    502(b)         40:481(b)(2).                                        
    --------------------------------------------------------------------

      In subsection (b)(2), the words "the authority of" in
    40:481(b)(2)(B) are omitted as unnecessary. The words "Committee
    for Purchase From People Who Are Blind or Severely Disabled" are
    substituted for ["]Committee for Purchase from the Blind and Other
    Severely Handicapped" because of section 911(a) of the
    Rehabilitation Act Amendments of 1992 (Public Law 102-569, 106
    Stat. 4486) and section 301 of the Rehabilitation Act Amendments of
    1993 (Public Law 103-73, 107 Stat. 736).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Javits-Wagner-O'Day Act, referred to in subsec. (b)(1)(B), is
    act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is
    classified to sections 46 to 48c of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Tables.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (c)(3)(B)(ii), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 1601 et
    seq.) of Title 43, Public Lands. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1601 of Title 43 and Tables.
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in subsec. (d)(1), is Pub. L. 93-288, May 22,
    1974, 88 Stat. 143, as amended, which is classified principally to
    chapter 68 (Sec. 5121 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 5121 of Title 42 and Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-364 added subsec. (d).
      2002 - Subsec. (c). Pub. L. 107-347 added subsec. (c).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

                                PROCEDURES                            
      Pub. L. 109-364, div. A, title VIII, Sec. 833(b), Oct. 17, 2006,
    120 Stat. 2332, provided that: "Not later than 30 days after the
    date of the enactment of this Act [Oct. 17, 2006], the
    Administrator of General Services shall establish procedures to
    implement subsection (d) of section 502 of title 40, United States
    Code (as added by subsection (a))."

                 PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS             
      Pub. L. 108-352, Sec. 9, Oct. 21, 2004, 118 Stat. 1396, provided
    that: "Employees of the foundations established by Acts of Congress
    to solicit private sector funds on behalf of Federal land
    management agencies shall qualify for General Service
    Administration contract airfares."

-End-

-CITE-
    40 USC Sec. 503                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 503. Exchange or sale of similar items

-STATUTE-
      (a) Authority of Executive Agencies. - In acquiring personal
    property, an executive agency may exchange or sell similar items
    and may apply the exchange allowance or proceeds of sale in whole
    or in part payment for the property acquired.
      (b) Applicable Regulation and Law. - 
        (1) Regulations prescribed by administrator of general
      services. - A transaction under subsection (a) must be carried
      out in accordance with regulations the Administrator of General
      Services prescribes, subject to regulations prescribed by the
      Administrator for Federal Procurement Policy under the Office of
      Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
        (2) In writing. - A transaction under subsection (a) must be
      evidenced in writing.
        (3) Section 3709 of revised statutes. - Section 3709 of the
      Revised Statutes (41 U.S.C. 5) applies to a sale of property
      under subsection (a), except that fixed price sales may be
      conducted in the same manner and subject to the same conditions
      as are applicable to the sale of property under section 545(d) of
      this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    503            40:481(c).              June 30, 1949, ch. 288,      
                                            title II, Sec. 201(c), 63   
                                            Stat. 384; Pub. L. 93-400,  
                                            Sec. 15(2), Aug. 30, 1974,  
                                            88 Stat. 800; Pub. L. 96-83,
                                            Sec. 10(a), Oct. 10, 1979,  
                                            93 Stat. 652; Pub. L.       
                                            98-191, Secs. 8(d)(1),      
                                            9(a)(2), Dec. 1, 1983, 97   
                                            Stat. 1331; Pub. L. 100-612,
                                            Sec. 2, Nov. 5, 1988, 102   
                                            Stat. 3180.                 
    --------------------------------------------------------------------

      In subsection (a), the words "in such cases" are omitted as
    unnecessary.
      In subsection (b)(1), the words "subject to regulations" are
    substituted for "subject to regulations and regulations" in section
    201(c) of the Federal Property and Administrative Services Act of
    1949 to correct an error resulting from an inconsistency between
    section 8(d)(1) and section 9(a)(2) of the Office of Federal
    Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97
    Stat. 1331).
      In subsection (b)(2), the words "the authority of" are omitted as
    unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (b)(1), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as
    amended, which is classified principally to chapter 7 (Sec. 401 et
    seq.) of Title 41, Public Contracts. For complete classification of
    this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.

-End-

-CITE-
    40 USC Sec. 504                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 504. Agency cooperation for inspection

-STATUTE-
      (a) Receiving Assistance. - An executive agency may use the
    services, work, materials, and equipment of another executive
    agency, with the consent of the other executive agency, to inspect
    personal property incident to procuring the property.
      (b) Providing Assistance. - Notwithstanding section 1301(a) of
    title 31 or any other law, an executive agency may provide
    services, work, materials, and equipment for purposes of this
    section without reimbursement or transfer of amounts.
      (c) Policies and Methods. - The use or provision of services,
    work, materials, and equipment under this section must be in
    conformity with policies and methods the Administrator of General
    Services prescribes under section 501 of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    504            40:481(d).              June 30, 1949, ch. 288,      
                                            title II, Sec. 201(d), as   
                                            added Pub. L. 85-781, Aug.  
                                            27, 1958, 72 Stat. 936.     
    --------------------------------------------------------------------

      In subsection (b), the words "section 1301(a) of title 31" are
    substituted for "section 3678 of the Revised Statutes (31 U.S.C.
    628)" in section 201(d) of the Federal Property and Administrative
    Services Act of 1949 because of section 4(b) of the Act of
    September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first
    section of which enacted Title 31, United States Code.
      In subsection (c), the words "and methods" are added for
    consistency with section 501(b)(2) of the revised title.

-End-

-CITE-
    40 USC Sec. 505                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 505. Exchange or transfer of medical supplies

-STATUTE-
      (a) Excess Property Determination. - 
        (1) In general. - Medical materials or supplies an executive
      agency holds for national emergency purposes are considered
      excess property for purposes of subchapter II when the head of
      the agency determines that - 
          (A) the remaining storage or shelf life is too short to
        justify continued retention for national emergency purposes;
        and
          (B) transfer or other disposal is in the national interest.

        (2) Timing. - To the greatest extent practicable, the head of
      the agency shall make the determination in sufficient time to
      allow for the transfer or other disposal and use of medical
      materials or supplies before their shelf life expires and they
      are rendered unfit for human use.

      (b) Transfer or Exchange. - 
        (1) In general. - In accordance with regulations the
      Administrator of General Services prescribes, medical materials
      or supplies considered excess property may be transferred to
      another federal agency or exchanged with another federal agency
      for other medical materials or supplies.
        (2) Use of proceeds. - Any proceeds derived from a transfer
      under this section may be credited to the current applicable
      appropriation or fund of the transferor agency and shall be
      available only to purchase medical materials or supplies to be
      held for national emergency purposes.
        (3) Disposal as surplus property. - If the materials or
      supplies are not transferred to or exchanged with another federal
      agency, they shall be disposed of as surplus property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    505            40:481(e).              June 30, 1949, ch. 288,      
                                            title II, Sec. 201(e), as   
                                            added Pub. L. 91-426, Sec.  
                                            1, Sept. 26, 1970, 84 Stat. 
                                            883.                        
    --------------------------------------------------------------------

      In subsection (a)(2), the words "holding such medical materials
    or supplies" and "provided for in the first sentence of this
    subsection" are omitted as unnecessary because of the
    reorganization of the revised section. The words "in sufficient
    time to allow for" are substituted for "at such times as to insure
    . . . in sufficient time" for clarity and to eliminate unnecessary
    words.

-End-

-CITE-
    40 USC Sec. 506                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-
    Sec. 506. Inventory controls and systems

-STATUTE-
      (a) Activities of the Administrator of General Services. - 
        (1) In general. - Subject to paragraph (2), and after adequate
      advance notice to affected executive agencies, the Administrator
      of General Services may undertake the following activities as
      necessary to carry out functions under this chapter:
          (A) Surveys and reports. - Survey and obtain executive agency
        reports on Federal Government property and property management
        practices.
          (B) Inventory levels. - Cooperate with executive agencies to
        establish reasonable inventory levels for property stocked by
        them, and report any excessive inventory levels to Congress and
        to the Director of the Office of Management and Budget.
          (C) Federal supply catalog system. - Establish and maintain a
        uniform federal supply catalog system that is appropriate to
        identify and classify personal property under the control of
        federal agencies.
          (D) Standard purchase specifications and standard forms and
        procedures. - Prescribe standard purchase specifications and
        standard forms and procedures (except forms and procedures that
        the Comptroller General prescribes by law) subject to
        regulations the Administrator for Federal Procurement Policy
        prescribes under the Office of Federal Procurement Policy Act
        (41 U.S.C. 401 et seq.).

        (2) Special considerations regarding department of defense. - 
          (A) In general. - The Administrator of General Services shall
        carry out activities under paragraph (1) with due regard to the
        requirements of the Department of Defense, as determined by the
        Secretary of Defense.
          (B) Federal supply catalog system. - In establishing and
        maintaining a uniform federal supply catalog system under
        paragraph (1)(C), the Administrator of General Services and the
        Secretary shall coordinate to avoid unnecessary duplication.

      (b) Activities of Federal Agencies. - Each federal agency shall
    use the uniformed federal supply catalog system, the standard
    purchase specifications, and the standard forms and procedures
    established under subsection (a), except as the Administrator of
    General Services, considering efficiency, economy, or other
    interests of the Government, may otherwise provide.
      (c) Audit of Property Accounts. - The Comptroller General shall
    audit all types of property accounts and transactions. Audits shall
    be conducted at the time and in the manner the Comptroller General
    decides and as far as practicable at the place where the property
    or records of the executive agencies are kept. Audits shall include
    an evaluation of the effectiveness of internal controls and audits,
    and a general audit of the discharge of accountability for
    Government-owned or controlled property, based on generally
    accepted principles of auditing.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1082.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    506            40:487.                 June 30, 1949, ch. 288,      
                                            title II, Sec. 206, 63 Stat.
                                            390; July 12, 1952, ch. 703,
                                            Sec. 1(k), 66 Stat. 593;    
                                            Pub. L. 93-400, Sec. 15(3), 
                                            Aug. 30, 1974, 88 Stat. 800;
                                            Pub. L. 96-83, Sec. 10(a),  
                                            Oct. 10, 1979, 93 Stat. 652;
                                            Pub. L. 98-191, Secs.       
                                            8(d)(1), 9(a)(2), Dec. 1,   
                                            1983, 97 Stat. 1331.        
    --------------------------------------------------------------------

      In subsection (a)(1)(B), the words "from time to time" 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 206(a)(2) 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 (eff. July 1, 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 97-258, 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.
      In subsection (a)(1)(D), the words "Subject to regulations" are
    substituted for "subject to regulations and regulations" in section
    206(a)(4) of the Federal Property and Administrative Services Act
    of 1949 to correct an error resulting from an inconsistency between
    section 8(d)(1) and section 9(a)(2) of the Office of Federal
    Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97
    Stat. 1331).
      In subsection (a)(2)(A), the words "Department of Defense" are
    substituted for "National Military Establishment" in section 206(a)
    of the Federal Property and Administrative Services Act of 1949
    because the Department of Defense is deemed to succeed the National
    Military Establishment under section 12(a) and (g) of the National
    Security Act Amendments of 1949 (ch. 412, 63 Stat. 591).
      In subsection (c), the words "Comptroller General" are
    substituted for "General Accounting Office" because of 31:702 and
    for consistency in the revised title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (a)(1)(D), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796,
    as amended, which is classified principally to chapter 7 (Sec. 401
    et seq.) of Title 41, Public Contracts. For complete classification
    of this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.

-End-

-CITE-
    40 USC SUBCHAPTER II - USE OF PROPERTY                      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
                      SUBCHAPTER II - USE OF PROPERTY                  

-End-

-CITE-
    40 USC Sec. 521                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 521. Policies and methods

-STATUTE-
      Subject to section 523 of this title, in order to minimize
    expenditures for property, the Administrator of General Services
    shall - 
        (1) prescribe policies and methods to promote the maximum use
      of excess property by executive agencies; and
        (2) provide for the transfer of excess property - 
          (A) among federal agencies; and
          (B) to the organizations specified in section 321(c)(2) of
        this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    521            40:483(a)(1) (1st       June 30, 1949, ch. 288,      
                    sentence).              title II, Sec. 202(a)(1)    
                                            (1st sentence), 63 Stat.    
                                            384; July 12, 1952, ch. 703,
                                            Sec. 1(f), 66 Stat. 593;    
                                            Pub. L. 93-599, (1), Jan. 2,
                                            1975, 88 Stat. 1954.        
    --------------------------------------------------------------------

      The words "the provisions of" are omitted as unnecessary.

       OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL
                             PROPERTY IN GUAM
      Pub. L. 106-504, Sec. 1, Nov. 13, 2000, 114 Stat. 2309, as
    amended by Pub. L. 109-163, div. A, title X, Sec. 1056(a)(6), Jan.
    6, 2006, 119 Stat. 3439, provided that:
      "(a) Transfer of Excess Real Property. - (1) Except as provided
    in subsection (d), before screening excess real property located on
    Guam for further Federal utilization under section 202 [now 40
    U.S.C. 521 et seq.] of the Federal Property and Administrative
    Services Act of 1949 (40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et
    seq.] (hereinafter the 'Property Act'), the Administrator shall
    notify the Government of Guam that the property is available for
    transfer pursuant to this section.
      "(2) If the Government of Guam, within 180 days after receiving
    notification under paragraph (1), notifies the Administrator that
    the Government of Guam intends to acquire the property under this
    section, the Administrator shall transfer such property in
    accordance with subsection (b). Otherwise, the property shall be
    screened for further Federal use and then, if there is no other
    Federal use, shall be disposed of in accordance with the Property
    Act.
      "(b) Conditions of Transfer. - (1) Any transfer of excess real
    property to the Government of Guam may be only for a public purpose
    and shall be without further consideration.
      "(2) All transfers of excess real property to the Government of
    Guam shall be subject to such restrictive covenants as the
    Administrator, in consultation with the Secretary of Defense, in
    the case of property reported excess by a military department,
    determines to be necessary to ensure that: (A) the use of the
    property is compatible with continued military activities on Guam;
    (B) the use of the property is consistent with the environmental
    condition of the property; (C) access is available to the United
    States to conduct any additional environmental remediation or
    monitoring that may be required; (D) the property is used only for
    a public purpose and can not be converted to any other use; and (E)
    to the extent that facilities on the property have been occupied
    and used by another Federal agency for a minimum of 2 years, that
    the transfer to the Government of Guam is subject to the terms and
    conditions for such use and occupancy.
      "(3) All transfers of excess real property to the Government of
    Guam are subject to all otherwise applicable Federal laws, except
    section 2696 of title 10, United States Code, or section 501 of
    Public Law 100-77 (42 U.S.C. 11411).
      "(c) Definitions. - For the purposes of this section:
        "(1) The term 'Administrator' means - 
          "(A) the Administrator of General Services; or
          "(B) the head of any Federal agency with the authority to
        dispose of excess real property on Guam.
        "(2) The term 'base closure law' has the meaning given such
      term in section 101(a)(17) of title 10, United States Code.
        "(3) The term 'excess real property' means excess property (as
      that term is defined in section 3 of the Property Act [now 40
      U.S.C. 102]) that is real property and was acquired by the United
      States prior to the enactment of this section [Nov. 13, 2000].
        "(4) The term 'Guam National Wildlife Refuge' includes those
      lands within the refuge overlay under the jurisdiction of the
      Department of Defense, identified as DoD lands in figure 3, on
      page 74, and as submerged lands in figure 7, on page 78 of the
      'Final Environmental Assessment for the Proposed Guam National
      Wildlife Refuge, Territory of Guam, July 1993' to the extent that
      the Federal Government holds title to such lands.
        "(5) The term 'public purpose' means those public benefit
      purposes for which the United States may dispose of property
      pursuant to section 203 of the Property Act [now 40 U.S.C. 541 et
      seq.], as implemented by the Federal Property Management
      Regulations (41 CFR 101-47) or the specific public benefit uses
      set forth in section 3(c) of the Guam Excess Lands Act (Public
      Law 103-339; 108 Stat. 3116), except that such definition shall
      not include the transfer of land to an individual or entity for
      private use other than on a nondiscriminatory basis.
      "(d) Exemptions. - Notwithstanding that such property may be
    excess real property, the provisions of this section shall not
    apply - 
        "(1) to real property on Guam that is declared excess by the
      Department of Defense for the purpose of transferring that
      property to the Coast Guard;
        "(2) to real property on Guam that is located within the Guam
      National Wildlife Refuge, which shall be transferred according to
      the following procedure:
          "(A) The Administrator shall notify the Government of Guam
        and the Fish and Wildlife Service that such property has been
        declared excess. The Government of Guam and the Fish and
        Wildlife Service shall have 180 days to engage in discussions
        toward an agreement providing for the future ownership and
        management of such real property.
          "(B) If the parties reach an agreement under subparagraph (A)
        within 180 days after notification of the declaration of
        excess, the real property shall be transferred and managed in
        accordance with such agreement: Provided, That such agreement
        shall be transmitted to the Committee on Energy and Natural
        Resources of the United States Senate and the appropriate
        committees of the United States House of Representatives not
        less than 60 days prior to such transfer and any such transfer
        shall be subject to the other provisions of this section.
          "(C) If the parties do not reach an agreement under
        subparagraph (A) within 180 days after notification of the
        declaration of excess, the Administrator shall provide a report
        to Congress on the status of the discussions, together with his
        recommendations on the likelihood of resolution of differences
        and the comments of the Fish and Wildlife Service and the
        Government of Guam. If the subject property is under the
        jurisdiction of a military department, the military department
        may transfer administrative control over the property to the
        General Services Administration subject to any terms and
        conditions applicable to such property. In the event of such a
        transfer by a military department to the General Services
        Administration, the Department of the Interior shall be
        responsible for all reasonable costs associated with the
        custody, accountability and control of such property until
        final disposition.
          "(D) If the parties come to agreement prior to congressional
        action, the real property shall be transferred and managed in
        accordance with such agreement: Provided, That such agreement
        shall be transmitted to the Committee on Energy and Natural
        Resources of the United States Senate and the appropriate
        committees of the United States House of Representatives not
        less than 60 days prior to such transfer and any such transfer
        shall be subject to the other provisions of this section.
          "(E) Absent an agreement on the future ownership and use of
        the property, such property may not be transferred to another
        Federal agency or out of Federal ownership except pursuant to
        an Act of Congress specifically identifying such property;
        "(3) to real property described in the Guam Excess Lands Act
      (Public Law 103-339; 108 Stat. 3116) which shall be disposed of
      in accordance with such Act;
        "(4) to real property on Guam that is declared excess as a
      result of a base closure law; or
        "(5) to facilities on Guam declared excess by the managing
      Federal agency for the purpose of transferring the facility to a
      Federal agency that has occupied the facility for a minimum of 2
      years when the facility is declared excess together with the
      minimum land or interest therein necessary to support the
      facility.
      "(e) Dual Classification Property. - If a parcel of real property
    on Guam that is declared excess as a result of a base closure law
    also falls within the boundary of the Guam National Wildlife
    Refuge, such parcel of property shall be disposed of in accordance
    with the base closure law.
      "(f) Authority To Issue Regulations. - The Administrator of
    General Services, after consultation with the Secretary of Defense
    and the Secretary of the Interior, may issue such regulations as he
    deems necessary to carry out this section."

-End-

-CITE-
    40 USC Sec. 522                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 522. Reimbursement for transfer of excess property

-STATUTE-
      (a) In General. - Subject to subsections (b) and (c), the
    Administrator of General Services, with the approval of the
    Director of the Office of Management and Budget, shall prescribe
    the amount of reimbursement required for a transfer of excess
    property.
      (b) Reimbursement at Fair Value. - The amount of reimbursement
    required for a transfer of excess property is the fair value of the
    property, as determined by the Administrator, if - 
        (1) net proceeds are requested under section 574(a) of this
      title; or
        (2) either the transferor or the transferee agency (or the
      organizational unit affected) is - 
          (A) subject to chapter 91 of title 31; or
          (B) an organization specified in section 321(c)(2) of this
        title.

      (c) Distribution Through General Services Administration Supply
    Centers. - Excess property determined by the Administrator to be
    suitable for distribution through the supply centers of the General
    Services Administration shall be retransferred at prices set by the
    Administrator with due regard to prices established under section
    321(d) of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109-284,
    Sec. 6(1), (2), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    522            40:483(a)(1) (last      June 30, 1949, ch. 288,      
                    sentence).              title II, Sec. 202(a)(1)    
                                            (last sentence), 63 Stat.   
                                            384; July 12, 1952, ch. 703,
                                            Sec. 1(f), 66 Stat. 593.    
    --------------------------------------------------------------------

      In subsection (a), the words "Director of the Office of
    Management and Budget" are substituted for "Director of the Bureau
    of the Budget" in section 202(a)(1) (last sentence) 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 (eff. July 1, 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 97-258, 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.
      In subsection (b)(1), the reference to "section 204(b)" in
    section 202(a)(1) (last sentence) of the Federal Property and
    Administrative Services Act of 1949 is translated as a reference to
    section 204(c) of the Act because subsection (b) was redesignated
    as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051).
      In subsection (b)(2)(A), the words "chapter 91 of title 31" are
    substituted for "the Government Corporation Control Act (59 Stat.
    597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the
    Federal Property and Administrative Services Act of 1949 because of
    section 4(b) of the Act of September 13, 1982 (Public Law 97-258,
    96 Stat. 1067), the first section of which enacted Title 31, United
    States Code.
      In subsection (c), the word "at" is substituted for "as" (in the
    phrase "as [sic] prices set by the Administrator") to reflect the
    probable intent of Congress. See Senate Report No. 2075, dated July
    2, 1952 (United States Code Congressional and Administrative News,
    82nd Congress, 2d Session, 1952, Volume 2, p. 2123).

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-284, Sec. 6(1), struck out "of
    this section" after "subsections (b) and (c)".
      Subsec. (b). Pub. L. 109-284, Sec. 6(2), substituted "at" for
    "At" in heading.

-End-

-CITE-
    40 USC Sec. 523                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 523. Excess real property located on Indian reservations

-STATUTE-
      (a) Procedures for Transfer. - The Administrator of General
    Services shall prescribe procedures necessary to transfer to the
    Secretary of the Interior, without compensation, excess real
    property located within the reservation of any group, band, or
    tribe of Indians that is recognized as eligible for services by the
    Bureau of Indian Affairs.
      (b) Property Held in Trust. - 
        (1) In general. - Except as provided in paragraph (2), the
      Secretary shall hold excess real property transferred under this
      section in trust for the benefit and use of the group, band, or
      tribe of Indians, within whose reservation the excess real
      property is located.
        (2) Special requirement for oklahoma. - The Secretary shall
      hold excess real property that is located in Oklahoma and
      transferred under this section in trust for Oklahoma Indian
      tribes recognized by the Secretary if the real property - 
          (A) is located within boundaries of former reservations in
        Oklahoma, as defined by the Secretary, and was held in trust by
        the Federal Government for an Indian tribe when the Government
        acquired it; or
          (B) is contiguous to real property presently held in trust by
        the Government for an Oklahoma Indian tribe and was held in
        trust by the Government for an Indian tribe at any time.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    523            40:483(a)(2).           June 30, 1949, ch. 288,      
                                            title II, Sec. 202(a)(2), as
                                            added Pub. L. 93-599, (2),  
                                            Jan. 2, 1975, 88 Stat. 1954.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 524                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 524. Duties of executive agencies

-STATUTE-
      (a) Required. - Each executive agency shall - 
        (1) maintain adequate inventory controls and accountability
      systems for property under its control;
        (2) continuously survey property under its control to identify
      excess property;
        (3) promptly report excess property to the Administrator of
      General Services;
        (4) perform the care and handling of excess property; and
        (5) transfer or dispose of excess property as promptly as
      possible in accordance with authority delegated and regulations
      prescribed by the Administrator.

      (b) Required as Far as Practicable. - Each executive agency, as
    far as practicable, shall - 
        (1) reassign property to another activity within the agency
      when the property is no longer required for the purposes of the
      appropriation used to make the purchase;
        (2) transfer excess property under its control to other federal
      agencies and to organizations specified in section 321(c)(2) of
      this title; and
        (3) obtain excess property from other federal agencies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    524(a)         40:483(b).              June 30, 1949, ch. 288,      
                                            title II, Sec. 202(b), 63   
                                            Stat. 384.                  
    524(b)         40:483(c).              June 30, 1949, ch. 288,      
                                            title II, Sec. 202(c), 63   
                                            Stat. 384; July 12, 1952,   
                                            ch. 703, Sec. 1(g), 66 Stat.
                                            593.                        
    --------------------------------------------------------------------

      In clause (a)(2), the word "identify" is substituted for
    "determine which is" to eliminate unnecessary words.
      In clause (b)(1), the words "determined to be" are omitted as
    unnecessary.

                                OMB REPORT                            
      Pub. L. 109-396, title IV, Sec. 408, Dec. 15, 2006, 120 Stat.
    2720, provided that:
      "(a) OMB Report on Surplus and Excess Property. - Not later than
    6 months after the date of enactment of this Act [Dec. 15, 2006],
    the Director of the Office of Management and Budget shall submit a
    report on surplus and excess government property to Congress
    including - 
        "(1) the total value and amount of surplus and excess
      government property, provided in the aggregate, as well as
      totaled by agency; and
        "(2) a list of the 100 most eligible surplus government
      properties for sale and how much they are worth.
      "(b) Data Sharing Among Federal Agencies. - Not later than 6
    months after the date of enactment of this Act [Dec. 15, 2006], the
    Director of the Office of Management and Budget shall - 
        "(1) develop and implement procedures requiring Federal
      agencies to share data on surplus and excess Federal real
      property under the jurisdiction of each agency; and
        "(2) report to Congress on the development and implementation
      of such procedures."

-End-

-CITE-
    40 USC Sec. 525                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 525. Excess personal property for federal agency grantees

-STATUTE-
      (a) General Prohibition. - A federal agency is prohibited from
    obtaining excess personal property for the purpose of furnishing
    the property to a grantee of the agency, except as provided in this
    section.
      (b) Exception for Public Agencies and Tax-exempt Nonprofit
    Organizations. - 
        (1) In general. - Under regulations the Administrator of
      General Services may prescribe, a federal agency may obtain
      excess personal property for the purpose of furnishing it to a
      public agency or an organization that is nonprofit and exempt
      from taxation under section 501 of the Internal Revenue Code of
      1986 (26 U.S.C. 501), if - 
          (A) the agency or organization is conducting a federally
        sponsored project pursuant to a grant made for a specific
        purpose with a specific termination provision;
          (B) the property is to be furnished for use in connection
        with the grant; and
          (C)(i) the sponsoring federal agency pays an amount equal to
        25 percent of the original acquisition cost (except for costs
        of care and handling) of the excess property; and
          (ii) the amount is deposited in the Treasury as miscellaneous
        receipts.

        (2) Title. - Title to excess property obtained under this
      subsection vests in the grantee. The grantee shall account for
      and dispose of the property in accordance with procedures
      governing accountability for personal property acquired under
      grant agreements.

      (c) Exception for Certain Property Furnished by Secretary of
    Agriculture. - 
        (1) Definition. - In this subsection, the term "State" means a
      State of the United States, Puerto Rico, Guam, American Samoa,
      the Northern Mariana Islands, the Federated States of Micronesia,
      the Marshall Islands, Palau, the Virgin Islands, and the District
      of Columbia.
        (2) In general. - Under regulations and restrictions the
      Administrator may prescribe, subsection (a) does not apply to
      property furnished by the Secretary of Agriculture to - 
          (A) a state (!1) or county extension service engaged in
        cooperative agricultural extension work under the Smith-Lever
        Act (7 U.S.C. 341 et seq.);

          (B) a state (!1) experiment station engaged in cooperative
        agricultural research work under the Hatch Act of 1887 (7
        U.S.C. 361a et seq.); or
          (C) an institution engaged in cooperative agricultural
        research or extension work under section 1433, 1434, 1444, or
        1445 of the National Agricultural Research, Extension, and
        Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or
        3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.),
        if the Federal Government retains title.

      (d) Other Exceptions. - Under regulations and restrictions the
    Administrator may prescribe, subsection (a) does not apply to - 
        (1) property furnished under section 608 of the Foreign
      Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the
      Administrator determines that the property is not needed for
      donation under section 549 of this title;
        (2) scientific equipment furnished under section 11(e) of the
      National Science Foundation Act of 1950 (42 U.S.C. 1870(e));
        (3) property furnished under section 203 of the Department of
      Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection
      with the Cooperative Forest Fire Control Program, if the
      Government retains title; or
        (4) property furnished in connection with a grant to a tribe,
      as defined in section 3(c) of the Indian Financing Act of 1974
      (25 U.S.C. 1452(c)).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    525(a)         40:483(d) (words        June 30, 1949, ch. 288,      
                    before par. (1)).       title II, Sec. 202(d), as   
                                            added Pub. L. 94-519, Sec.  
                                            3, Oct. 17, 1976, 90 Stat.  
                                            2454; Pub. L. 97-98, title  
                                            XIV, Sec. 1443, Dec. 22,    
                                            1981, 95 Stat. 1321.        
    525(b)         40:483(d)(1).                                        
    525(c)         40:483(d)(2)(E).                                     
    525(d)         40:483(d)(2)(A)-(D).                                 
    --------------------------------------------------------------------

      In subsection (b)(1), before cl. (A), the words "institution or"
    are omitted as unnecessary. In clause (A), the words "termination
    provision" are substituted for "termination made" for clarity.
      In subsection (b)(2), the words "The grantee shall account for
    and dispose of" are substituted for "and shall be accounted for and
    disposed of" for clarity.
      In subsections (c) and (d), the text of 40:483(d)(2) (last
    sentence) is omitted as unnecessary.
      In subsection (c)(1), the words "Trust Territory of the Pacific
    Islands" are omitted and the words "the Federated States of
    Micronesia, the Marshall Islands, Palau" are added because of the
    termination of the Trust Territory of the Pacific Islands. See
    48:1681 note prec.
      In subsection (d)(1), the words "to the extent" are substituted
    for "where and to the extent" to eliminate unnecessary words. The
    words "to be furnished under such Act" are omitted as unnecessary.
      In subsection (d)(4), the words "Indian Financing Act of 1974"
    are substituted for "Indian Financing Act" in section 202(d)(2)(D)
    of the Federal Property and Administrative Services Act of 1949 to
    execute the probable intent of Congress. The word "tribe" is
    substituted for "Indian tribes" for consistency with 25:1452(c).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May
    8, 1914, ch. 79, 38 Stat. 372, as amended, which is classified
    generally to subchapter IV (Sec. 341 et seq.) of chapter 13 of
    Title 7, Agriculture. For complete classification of this Act to
    the Code, see Short Title note set out under section 341 of Title 7
    and Tables.
      The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act
    Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, which is
    classified generally to sections 361a to 361i of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 361a of Title 7 and
    Tables.
      Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in
    subsec. (c)(2)(C), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806,
    as amended, popularly known as the McIntire-Stennis Act of 1962,
    which is classified generally to subchapter III (Sec. 582a et seq.)
    of chapter 3 of Title 16, Conservation. For complete classification
    of this Act to the Code, see Short Title note set out under section
    582a of Title 16 and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    40 USC Sec. 526                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 526. Temporary assignment of excess real property

-STATUTE-
      (a) Assignment of Space. - The Administrator of General Services
    may temporarily assign or reassign space in excess real property to
    a federal agency, for use as office or storage space or for a
    related purpose, if the Administrator determines that assignment or
    reassignment is more advantageous than permanent transfer. The
    Administrator shall determine the duration of the assignment or
    reassignment.
      (b) Reimbursement for Maintenance. - If there is no appropriation
    available to the Administrator for the expense of maintaining the
    space, the Administrator may obtain appropriate reimbursement from
    the federal agency.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1085.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    526            40:483(g).              June 30, 1949, ch. 288,      
                                            title II, Sec. 202(g), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

      In subsection (a), the words "for use as office or storage space
    or for a related purpose" are substituted for "for office, storage,
    or related facilities" for clarity.

-End-

-CITE-
    40 USC Sec. 527                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 527. Abandonment, destruction, or donation of property

-STATUTE-
      The Administrator of General Services may authorize the
    abandonment or destruction of property, or the donation of property
    to a public body, if - 
        (1) the property has no commercial value; or
        (2) the estimated cost of continued care and handling exceeds
      the estimated proceeds from sale.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    527            40:483(h).              June 30, 1949, ch. 288,      
                                            title II, Sec. 202(h), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 528                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 528. Utilization of excess furniture

-STATUTE-
      A department or agency of the Federal Government may not use
    amounts provided by law to purchase furniture if the Administrator
    of General Services determines that requirements can reasonably be
    met by transferring excess furniture, including rehabilitated
    furniture, from other departments or agencies pursuant to this
    subtitle.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    528            40:483b.                Aug. 7, 1953, ch. 340, Sec.  
                                            1316, 67 Stat. 439.         
    --------------------------------------------------------------------

      The words "Notwithstanding the provisions of any other law" are
    omitted as unnecessary. The words "may not use funds provided by
    law to purchase furniture" are substituted for "no funds shall be
    available in this or any other Act for the purchase of furniture"
    for clarity and to eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 529                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER II - USE OF PROPERTY

-HEAD-
    Sec. 529. Annual executive agency reports on excess personal
      property

-STATUTE-
      (a) In General. - During the calendar quarter following the close
    of each fiscal year, each executive agency shall submit to the
    Administrator of General Services a report on personal property - 
        (1) obtained as - 
          (A) excess property; or
          (B) personal property determined to be no longer required for
        the purpose of the appropriation used to make the purchase; and

        (2) furnished within the United States to a recipient other
      than a federal agency.

      (b) Required Information. - The report must set out the
    categories of equipment and show - 
        (1) the acquisition cost of the property;
        (2) the recipient of the property; and
        (3) other information the Administrator may require.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    529            40:483(e).              June 30, 1949, ch. 288,      
                                            title II, Sec. 202(e), as   
                                            added Pub. L. 94-519, Sec.  
                                            3, Oct. 17, 1976, 90 Stat.  
                                            2454.                       
    --------------------------------------------------------------------

      In subsection (a)(2), the words "in any manner whatsoever" are
    omitted as unnecessary.
      In subsection (b), the words "set out the categories of
    equipment" are substituted for "showing . . . categories of
    equipment" to clarify the required form and content of the report.
    The words "The Administrator shall submit a report to the Senate
    (or to the Secretary of the Senate if the Senate is not in session)
    and to the House of Representatives (or to the Clerk of the House
    if the House is not in session) summarizing and analyzing the
    reports of the executive agencies" 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 173 of House Document No. 103-7.

-End-

-CITE-
    40 USC SUBCHAPTER III - DISPOSING OF PROPERTY               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
                  SUBCHAPTER III - DISPOSING OF PROPERTY              

-End-

-CITE-
    40 USC Sec. 541                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 541. Supervision and direction

-STATUTE-
      Except as otherwise provided in this subchapter, the
    Administrator of General Services shall supervise and direct the
    disposition of surplus property in accordance with this subtitle.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    541            40:484(a).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(a), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

      The words "shall supervise and direct the disposition of surplus
    property in accordance with this subtitle" are substituted for
    "shall have supervision and direction over the disposition of
    surplus property. Such property shall be disposed of to such
    extent, at such time, in such areas, by such agencies, at such
    terms and conditions, and in such manner, as may be prescribed in
    or pursuant to this Act" for clarity and to eliminate unnecessary
    words.

        TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983    
      Pub. L. 98-181, title I, Sec. 126(a)(2), (3), Nov. 30, 1983, 97
    Stat. 1175, provided that:
      "(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C.
    484b], the Secretary of Housing and Urban Development and the
    Secretary of Agriculture may dispose of Federal surplus real
    property pursuant to the terms of section 414 of such Act [former
    40 U.S.C. 484b] if, prior to the date of the enactment of this Act
    [Nov. 30, 1983], either Secretary had requested the Administrator
    of General Services to transfer such property for such disposition.
      "(3) Notwithstanding paragraph (1), section 414(b) [former 40
    U.S.C. 484b(b)] of such Act shall continue to apply, where
    applicable, to all property transferred by either Secretary
    pursuant to section 414 of such Act, including properties
    transferred pursuant to paragraph (2)."

-End-

-CITE-
    40 USC Sec. 542                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 542. Care and handling

-STATUTE-
      The disposal of surplus property, and the care and handling of
    the property pending disposition, may be performed by the General
    Services Administration or, when the Administrator of General
    Services decides, by the executive agency in possession of the
    property or by any other executive agency that agrees.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    542            40:484(b).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(b), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 543                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 543. Method of disposition

-STATUTE-
      An executive agency designated or authorized by the Administrator
    of General Services to dispose of surplus property may do so by
    sale, exchange, lease, permit, or transfer, for cash, credit, or
    other property, with or without warranty, on terms and conditions
    that the Administrator considers proper. The agency may execute
    documents to transfer title or other interest in the property and
    may take other action it considers necessary or proper to dispose
    of the property under this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    543            40:484(c).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(c), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 544                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 544. Validity of transfer instruments

-STATUTE-
      A deed, bill of sale, lease, or other instrument executed by or
    on behalf of an executive agency purporting to transfer title or
    other interest in surplus property under this chapter is conclusive
    evidence of compliance with the provisions of this chapter
    concerning title or other interest of a bona fide grantee or
    transferee for value and without notice of lack of compliance.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    544            40:484(d).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(d), 63   
                                            Stat. 385.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 545                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 545. Procedure for disposal

-STATUTE-
      (a) Public Advertising for Bids. - 
        (1) Requirement. - 
          (A) In general. - Except as provided in subparagraph (B), the
        Administrator of General Services may make or authorize a
        disposal or a contract for disposal of surplus property only
        after public advertising for bids, under regulations the
        Administrator prescribes.
          (B) Exceptions. - This subsection does not apply to disposal
        or a contract for disposal of surplus property - 
            (i) under subsection (b) or (d); or
            (ii) by abandonment, destruction, or donation or through a
          contract broker.

        (2) Time, method, and terms. - The time, method, and terms and
      conditions of advertisement must permit full and free competition
      consistent with the value and nature of the property involved.
        (3) Public disclosure. - Bids must be publicly disclosed at the
      time and place stated in the advertisement.
        (4) Awards. - An award shall be made with reasonable promptness
      by notice to the responsible bidder whose bid, conforming to the
      invitation for bids, is most advantageous to the Federal
      Government, price and other factors considered. However, all bids
      may be rejected if it is in the public interest to do so.

      (b) Negotiated Disposal. - Under regulations the Administrator
    prescribes, disposals and contracts for disposal may be negotiated
    without regard to subsection (a), but subject to obtaining
    competition that is feasible under the circumstances, if - 
        (1) necessary in the public interest - 
          (A) during the period of a national emergency declared by the
        President or Congress, with respect to a particular lot of
        personal property; or
          (B) for a period not exceeding three months, with respect to
        a specifically described category of personal property as
        determined by the Administrator;

        (2) the public health, safety, or national security will be
      promoted by a particular disposal of personal property;
        (3) public exigency will not allow delay incident to
      advertising certain personal property;
        (4) the nature and quantity of personal property involved are
      such that disposal under subsection (a) would impact an industry
      to an extent that would adversely affect the national economy,
      and the estimated fair market value of the property and other
      satisfactory terms of disposal can be obtained by negotiation;
        (5) the estimated fair market value of the property involved
      does not exceed $15,000;
        (6) after advertising under subsection (a), the bid prices for
      the property, or part of the property, are not reasonable or have
      not been independently arrived at in open competition;
        (7) with respect to real property, the character or condition
      of the property or unusual circumstances make it impractical to
      advertise publicly for competitive bids and the fair market value
      of the property and other satisfactory terms of disposal can be
      obtained by negotiation;
        (8) the disposal will be to a State, territory, or possession
      of the United States, or to a political subdivision of, or a tax-
      supported agency in, a State, territory, or possession, and the
      estimated fair market value of the property and other
      satisfactory terms of disposal are obtained by negotiation; or
        (9) otherwise authorized by law.

      (c) Disposal Through Contract Brokers. - Disposals and contracts
    for disposal of surplus real and related personal property through
    contract realty brokers employed by the Administrator shall be made
    in the manner followed in similar commercial transactions under
    regulations the Administrator prescribes. The regulations must
    require that brokers give wide public notice of the availability of
    the property for disposal.
      (d) Negotiated Sale at Fixed Price. - 
        (1) Authorization. - The Administrator may make a negotiated
      sale of personal property at a fixed price, either directly or
      through the use of a disposal contractor, without regard to
      subsection (a). However, the sale must be publicized to an extent
      consistent with the value and nature of the property involved and
      the price established must reflect the estimated fair market
      value of the property. Sales under this subsection are limited to
      categories of personal property for which the Administrator
      determines that disposal under this subsection best serves the
      interests of the Government.
        (2) First offer. - Under regulations and restrictions the
      Administrator prescribes, an opportunity to purchase property at
      a fixed price under this subsection may be offered first to an
      entity specified in subsection (b)(8) that has expressed an
      interest in the property.

      (e) Explanatory Statements for Negotiated Disposals. - 
        (1) Requirement. - 
          (A) In general. - Except as provided in subparagraph (B), an
        explanatory statement of the circumstances shall be prepared
        for each disposal by negotiation of - 
            (i) personal property that has an estimated fair market
          value in excess of $15,000;
            (ii) real property that has an estimated fair market value
          in excess of $100,000, except that real property disposed of
          by lease or exchange is subject only to clauses (iii)-(v) of
          this subparagraph;
            (iii) real property disposed of by lease for a term of not
          more than 5 years, if the estimated fair annual rent is more
          than $100,000 for any year;
            (iv) real property disposed of by lease for a term of more
          than 5 years, if the total estimated rent over the term of
          the lease is more than $100,000; or
            (v) real property or real and related personal property
          disposed of by exchange, regardless of value, or any property
          for which any part of the consideration is real property.

          (B) Exception. - An explanatory statement is not required for
        a disposal of personal property under subsection (d), or for a
        disposal of real or personal property authorized by any other
        law to be made without advertising.

        (2) Transmittal to congress. - The explanatory statement shall
      be transmitted to the appropriate committees of Congress in
      advance of the disposal, and a copy of the statement shall be
      preserved in the files of the executive agency making the
      disposal.
        (3) Listing in report. - A report of the Administrator under
      section 126 of this title must include a listing and description
      of any negotiated disposals of surplus property having an
      estimated fair market value of more than $15,000, in the case of
      real property, or $5,000, in the case of any other property,
      other than disposals for which an explanatory statement has been
      transmitted under this subsection.

      (f) Applicability of Other Law. - Section 3709 of the Revised
    Statutes (41 U.S.C. 5) does not apply to a disposal or contract for
    disposal made under this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    545            40:484(e).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(e), 63   
                                            Stat. 386; July 12, 1952,   
                                            ch. 703, Sec. 1(i), 66 Stat.
                                            593; Aug. 8, 1953, ch. 399, 
                                            67 Stat. 521; July 14, 1954,
                                            ch. 481, 68 Stat. 474; Aug. 
                                            3, 1956, ch. 942, 70 Stat.  
                                            1020; Pub. L. 85-486, July  
                                            2, 1958, 72 Stat. 288; Pub. 
                                            L. 100-612, Secs. 3, 4, Nov.
                                            5, 1988, 102 Stat. 3180.    
    --------------------------------------------------------------------

      In subsection (e)(3), the words "A report" are substituted for
    "the annual report" for consistency in the revised title. See the
    revision note under section 126 of this title.

-End-

-CITE-
    40 USC Sec. 546                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 546. Contractor inventories

-STATUTE-
      Subject to regulations of the Administrator of General Services,
    an executive agency may authorize a contractor or subcontractor
    with the agency to retain or dispose of contractor inventory.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    546            40:484(f).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(f), 63   
                                            Stat. 386.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 547                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 547. Agricultural commodities, foods, and cotton or woolen
      goods

-STATUTE-
      (a) Policies. - The Administrator of General Services shall
    consult with the Secretary of Agriculture to formulate policies for
    the disposal of surplus agricultural commodities, surplus foods
    processed from agricultural commodities, and surplus cotton or
    woolen goods. The policies shall be formulated to prevent surplus
    agricultural commodities, or surplus foods processed from
    agricultural commodities, from being dumped on the market in a
    disorderly manner and disrupting the market prices for agricultural
    commodities.
      (b) Transfers to Department of Agriculture. - 
        (1) In general. - The Administrator shall transfer without
      charge to the Department of Agriculture any surplus agricultural
      commodities, foods, and cotton or woolen goods for disposal, when
      the Secretary determines that a transfer is necessary for the
      Secretary to carry out responsibilities for price support or
      stabilization.
        (2) Deposit of receipts. - Receipts resulting from disposal by
      the Department under this subsection shall be deposited pursuant
      to any authority available to the Secretary. When applicable,
      however, net proceeds from the sale of surplus property
      transferred under this subsection shall be credited pursuant to
      section 572(a) of this title.
        (3) Limitation of sales. - Surplus farm commodities transferred
      under this subsection may not be sold, other than for export, in
      quantities exceeding, or at prices less than, the applicable
      quantities and prices for sales of those commodities by the
      Commodity Credit Corporation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    547(a)         40:484(g).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(g), (h), 
                                            63 Stat. 386.               
    547(b)         40:484(h).                                           
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 548                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 548. Surplus vessels

-STATUTE-
      The Maritime Administration shall dispose of surplus vessels of
    1,500 gross tons or more which the Administration determines to be
    merchant vessels or capable of conversion to merchant use. The
    vessels shall be disposed of in accordance with part F of subtitle
    V of title 46 and other laws authorizing the sale of such vessels.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-304,
    Sec. 17(g)(1), Oct. 6, 2006, 120 Stat. 1708.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    548            40:484(i).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(i), 63   
                                            Stat. 386; Pub. L. 97-31,   
                                            Sec. 12(15), Aug. 6, 1981,  
                                            95 Stat. 154.               
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Pub. L. 109-304 substituted "part F of subtitle V of title
    46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et
    seq.),".

-End-

-CITE-
    40 USC Sec. 549                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 549. Donation of personal property through state agencies

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Public agency. - The term "public agency" means - 
          (A) a State;
          (B) a political subdivision of a State (including a unit of
        local government or economic development district);
          (C) a department, agency, or instrumentality of a State
        (including instrumentalities created by compact or other
        agreement between States or political subdivisions); or
          (D) an Indian tribe, band, group, pueblo, or community
        located on a state reservation.

        (2) State. - The term "State" means a State of the United
      States, the District of Columbia, Puerto Rico, the Virgin
      Islands, Guam, the Northern Mariana Islands, and American Samoa.
        (3) State agency. - The term "state agency" means an agency
      designated under state law as the agency responsible for fair and
      equitable distribution, through donation, of property transferred
      under this section.

      (b) Authorization. - 
        (1) In general. - The Administrator of General Services, in the
      Administrator's discretion and under regulations the
      Administrator may prescribe, may transfer property described in
      paragraph (2) to a state agency.
        (2) Property. - 
          (A) In general. - Property referred to in paragraph (1) is
        any personal property that - 
            (i) is under the control of an executive agency; and
            (ii) has been determined to be surplus property.

          (B) Special rule. - In determining whether the property is to
        be transferred for donation under this section, no distinction
        may be made between property capitalized in a working-capital
        fund established under section 2208 of title 10 (or similar
        fund) and any other property.

        (3) No cost. - Transfer of property under this section is
      without cost, except for any costs of care and handling.

      (c) Allocation and Transfer of Property. - 
        (1) In general. - The Administrator shall allocate and transfer
      property under this section in accordance with criteria that are
      based on need and use and that are established after consultation
      with state agencies to the extent feasible. The Administrator
      shall give fair consideration, consistent with the established
      criteria, to an expression of need and interest from a public
      agency or other eligible institution within a State. The
      Administrator shall give special consideration to an eligible
      recipient's request, transmitted through the state agency, for a
      specific item of property.
        (2) Allocation among states. - The Administrator shall allocate
      property among the States on a fair and equitable basis, taking
      into account the condition of the property as well as the
      original acquisition cost of the property.
        (3) Recipients and purposes. - The Administrator shall transfer
      to a state agency property the state agency selects for
      distribution through donation within the State - 
          (A) to a public agency for use in carrying out or promoting,
        for residents of a given political area, a public purpose,
        including conservation, economic development, education, parks
        and recreation, public health, and public safety; or
          (B) for purposes of education or public health (including
        research), to a nonprofit educational or public health
        institution or organization that is exempt from taxation under
        section 501 of the Internal Revenue Code of 1986 (26 U.S.C.
        501), including - 
            (i) a medical institution, hospital, clinic, health center,
          or drug abuse treatment center;
            (ii) a provider of assistance to homeless individuals or to
          families or individuals whose annual incomes are below the
          poverty line (as that term is defined in section 673 of the
          Community Services Block Grant Act (42 U.S.C. 9902));
            (iii) a school, college, or university;
            (iv) a school for the mentally retarded or physically
          handicapped;
            (v) a child care center;
            (vi) a radio or television station licensed by the Federal
          Communications Commission as an educational radio or
          educational television station;
            (vii) a museum attended by the public;
            (viii) a library serving free all residents of a community,
          district, State, or region; or
            (ix) a historic light station as defined under section
          308(e)(2) of the National Historic Preservation Act (16
          U.S.C. 470w-7(e)(2)), including a historic light station
          conveyed under subsection (b) of that section,
          notwithstanding the number of hours that the historic light
          station is open to the public.

        (4) Exception. - This subsection does not apply to property
      transferred under subsection (d).

      (d) Department of Defense Property. - 
        (1) Determination. - The Secretary of Defense shall determine
      whether surplus personal property under the control of the
      Department of Defense is usable and necessary for educational
      activities which are of special interest to the armed services,
      including maritime academies, or military, naval, Air Force, or
      Coast Guard preparatory schools.
        (2) Property usable for special interest activities. - If the
      Secretary of Defense determines that the property is usable and
      necessary for educational activities which are of special
      interest to the armed services, the Secretary shall allocate the
      property for transfer by the Administrator to the appropriate
      state agency for distribution through donation to the educational
      activities.
        (3) Property not usable for special interest activities. - If
      the Secretary of Defense determines that the property is not
      usable and necessary for educational activities which are of
      special interest to the armed services, the property may be
      disposed of in accordance with subsection (c).

      (e) State Plan of Operation. - 
        (1) In general. - Before property may be transferred to a state
      agency, the State shall develop a detailed state plan of
      operation, in accordance with this subsection and with state law.
        (2) Procedure. - 
          (A) Consideration of needs and resources. - In developing and
        implementing the state plan of operation, the relative needs
        and resources of all public agencies and other eligible
        institutions in the State shall be taken into consideration.
        The Administrator may consult with interested federal agencies
        to obtain their views concerning the administration and
        operation of this section.
          (B) Publication and period for comment. - The state plan of
        operation, and any major amendment to the plan, may not be
        filed with the Administrator until 60 days after general notice
        of the proposed plan or amendment has been published and
        interested persons have been given at least 30 days to submit
        comments.
          (C) Certification. - The chief executive officer of the State
        shall certify and submit the state plan of operation to the
        Administrator.

        (3) Requirements. - 
          (A) State agency. - The state plan of operation shall include
        adequate assurance that the state agency has - 
            (i) the necessary organizational and operational authority
          and capability including staff, facilities, and means and
          methods of financing; and
            (ii) established procedures for accountability, internal
          and external audits, cooperative agreements, compliance and
          use reviews, equitable distribution and property disposal,
          determination of eligibility, and assistance through
          consultation with advisory bodies and public and private
          groups.

          (B) Equitable distribution. - The state plan of operation
        shall provide for fair and equitable distribution of property
        in the State based on the relative needs and resources of
        interested public agencies and other eligible institutions in
        the State and their abilities to use the property.
          (C) Management control and accounting systems. - The state
        plan of operation shall require, for donable property
        transferred under this section, that the state agency use
        management control and accounting systems of the same type as
        systems required by state law for state-owned property.
        However, with approval from the chief executive officer of the
        State, the state agency may elect to use other management
        control and accounting systems that are effective to govern the
        use, inventory control, accountability, and disposal of
        property under this section.
          (D) Return and redistribution for non-use. - The state plan
        of operation shall require the state agency to provide for the
        return and redistribution of donable property if the property,
        while still usable, has not been placed in use for the purpose
        for which it was donated within one year of donation or ceases
        to be used by the donee for that purpose within one year of
        being placed in use.
          (E) Request by recipient. - The state plan of operation shall
        require the state agency, to the extent practicable, to select
        property requested by a public agency or other eligible
        institution in the State and, if requested by the recipient, to
        arrange shipment of the property directly to the recipient.
          (F) Service charges. - If the state agency is authorized to
        assess and collect service charges from participating
        recipients to cover direct and reasonable indirect costs of its
        activities, the method of establishing the charges shall be set
        out in the state plan of operation. The charges shall be fair
        and equitable and shall be based on services the state agency
        performs, including screening, packing, crating, removal, and
        transportation.
          (G) Terms, conditions, reservations, and restrictions. - 
            (i) In general. - The state plan of operation shall provide
          that the state agency - 
              (I) may impose reasonable terms, conditions,
            reservations, and restrictions on the use of property to be
            donated under subsection (c); and
              (II) shall impose reasonable terms, conditions,
            reservations, and restrictions on the use of a passenger
            motor vehicle and any item of property having a unit
            acquisition cost of $5,000 or more.

            (ii) Special limitations. - If the Administrator finds that
          an item has characteristics that require special handling or
          use limitations, the Administrator may impose appropriate
          conditions on the donation of the property.

          (H) Unusable property. - 
            (i) Disposal. - The state plan of operation shall provide
          that surplus personal property which the state agency
          determines cannot be used by eligible recipients shall be
          disposed of - 
              (I) subject to the disapproval of the Administrator
            within 30 days after notice to the Administrator, through
            transfer by the state agency to another state agency or
            through abandonment or destruction if the property has no
            commercial value or if the estimated cost of continued care
            and handling exceeds estimated proceeds from sale; or
              (II) under this subtitle, on terms and conditions and in
            a manner the Administrator prescribes.

            (ii) Proceeds from sale. - Notwithstanding subchapter IV of
          this chapter and section 702 of this title, the
          Administrator, from the proceeds of sale of property
          described in subsection (b), may reimburse the state agency
          for expenses that the Administrator considers appropriate for
          care and handling of the property.

      (f) Cooperative Agreements With State Agencies. - 
        (1) Parties to the agreement. - For purposes of carrying out
      this section, a cooperative agreement may be made between a state
      surplus property distribution agency designated under this
      section and - 
          (A) the Administrator;
          (B) the Secretary of Education, for property transferred
        under section 550(c) of this title;
          (C) the Secretary of Health and Human Services, for property
        transferred under section 550(d) of this title; or
          (D) the head of a federal agency designated by the
        Administrator, the Secretary of Education, or the Secretary of
        Health and Human Services.

        (2) Shared resources. - The cooperative agreement may provide
      that the property, facilities, personnel, or services of - 
          (A) a state agency may be used by a federal agency; and
          (B) a federal agency may be made available to a state agency.

        (3) Reimbursement. - The cooperative agreement may require
      payment or reimbursement for the use or provision of property,
      facilities, personnel, or services. Payment or reimbursement
      received from a state agency shall be credited to the fund or
      appropriation against which charges would otherwise be made.
        (4) Surplus property transferred to state agency. - 
          (A) In general. - Under the cooperative agreement, surplus
        property transferred to a state agency for distribution
        pursuant to subsection (c) may be retained by the state agency
        for use in performing its functions. Unless otherwise directed
        by the Administrator, title to the retained property vests in
        the state agency.
          (B) Conditions. - Retention of surplus property under this
        paragraph is subject to conditions that may be imposed by - 
            (i) the Administrator;
            (ii) the Secretary of Education, for property transferred
          under section 550(c) of this title; or
            (iii) the Secretary of Health and Human Services, for
          property transferred under section 550(d) of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-313,
    Sec. 5, Oct. 6, 2006, 120 Stat. 1737.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    549(a)(1),     40:484(j)(5).           June 30, 1949, ch. 288,      
     (2)                                    title II, Sec. 203(j), 63   
                                            Stat. 386; Sept. 5, 1950,   
                                            ch. 849, Sec. 4, 64 Stat.   
                                            579; June 3, 1955, ch. 130, 
                                            Secs. 1, 2(a), 6(a), (b), 69
                                            Stat. 83, 84; July 3, 1956, 
                                            ch. 513, Sec. 1, 70 Stat.   
                                            493; Pub. L. 87-786, Oct.   
                                            10, 1962, 76 Stat. 805; Pub.
                                            L. 94-519, Sec. 1(1), Oct.  
                                            17, 1976, 90 Stat. 2451;    
                                            Pub. L. 99-386, title II,   
                                            Sec. 207, Aug. 22, 1986, 100
                                            Stat. 823; Pub. L. 100-77,  
                                            title V, Sec. 502(a), July  
                                            22, 1987, 101 Stat. 510;    
                                            Pub. L. 100-690, title II,  
                                            Sec. 2081(b), Nov. 18, 1988,
                                            102 Stat. 4216; Pub. L.     
                                            105-50, Sec. 1, Oct. 6,     
                                            1997, 111 Stat. 1167.       
    549(a)(3),     40:484(j)(1).                                        
     (b)                                                                
    549(c)         40:484(j)(3).                                        
    549(d)         40:484(j)(2).                                        
    549(e)         40:484(j)(4).                                        
    549(f)         40:484(n).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(n),      
                                            formerly (m), as added June 
                                            3, 1955, ch. 130, Sec. 3, 69
                                            Stat. 84; redesignated (n), 
                                            Aug. 1, 1955, ch. 442, 69   
                                            Stat. 430; July 3, 1956, ch.
                                            513, Sec. 3, 70 Stat. 494;  
                                            Pub. L. 87-94, July 20,     
                                            1961, 75 Stat. 213; Pub. L. 
                                            90-351, title I, Sec. 525,  
                                            as added Pub. L. 93-83, Sec.
                                            2, Aug. 6, 1973, 87 Stat.   
                                            216; Pub. L. 91-485, Sec. 3,
                                            Oct. 22, 1970, 84 Stat.     
                                            1085; Pub. L. 94-519, Sec.  
                                            1(3), Oct. 17, 1976, 90     
                                            Stat. 2453.                 
    --------------------------------------------------------------------

      In subsection (a)(2), the words "the Northern Mariana Islands"
    are added because of section 502(a)(2) of the Covenant to Establish
    a Commonwealth of the Northern Mariana Islands in Political Union
    With the United States of America (48:1801 note).
      In subsection (d), the words "Secretary of Defense" are
    substituted for "National Military Establishment" [subsequently
    changed to "Department of Defense" because of section 12(a) of the
    National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)]
    because of 10:113(a).
      In subsection (e)(2)(B), the words "In the event that a State
    legislature has not developed, according to State law, a State plan
    within two hundred and seventy calendar days after October 17,
    1976, the chief executive officer of the State shall approve, and
    submit to the Administrator, a temporary State plan" are omitted as
    obsolete.
      In subsection (f)(1)(B)-(D) and (4)(B), the words "Secretary of
    Education" and "Secretary of Health and Human Services" are
    substituted for "Secretary of Health, Education, and Welfare"
    because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the
    Department of Education Organization Act (20:3441(a)(2)(P) and (b),
    3507, and 3508(b)).

                                AMENDMENTS                            
      2006 - Subsec. (c)(3)(B)(ix). Pub. L. 109-313 added cl. (ix).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-EXEC-
     EX. ORD. NO. 12999. EDUCATIONAL TECHNOLOGY: ENSURING OPPORTUNITY
                   FOR ALL CHILDREN IN THE NEXT CENTURY
      Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided:
      In order to ensure that American children have the skills they
    need to succeed in the information-intensive 21st century, the
    Federal Government is committed to working with the private sector
    to promote four major developments in American education: making
    modern computer technology an integral part of every classroom;
    providing teachers with the professional development they need to
    use new technologies effectively; connecting classrooms to the
    National Information Infrastructure; and encouraging the creation
    of excellent educational software. This Executive order streamlines
    the transfer of excess and surplus Federal computer equipment to
    our Nation's classrooms and encourages Federal employees to
    volunteer their time and expertise to assist teachers and to
    connect classrooms.
      Accordingly, by the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the provisions of the Stevenson-Wydler Technology
    Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the
    Federal Property and Administrative Services Act of 1949, ch. 288,
    63 Stat. 377 [now chapters 1 to 11 of this title and title III of
    the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and the National
    Defense Authorization Act for Fiscal Year 1996, Public Law 104-106
    [see Tables for classification], it is hereby ordered as follows:
      Section 1. Protection of Educationally Useful Federal Equipment.
    (a) Educationally useful Federal equipment is a vital national
    resource. To the extent such equipment can be used as is, separated
    into parts for other computers, or upgraded - either by
    professional technicians, students, or other recycling efforts -
    educationally useful Federal equipment is a valuable tool for
    computer education. Therefore, to the extent possible, all
    executive departments and agencies (hereinafter referred to as
    "agencies") shall protect and safeguard such equipment,
    particularly when declared excess or surplus, so that it may be
    recycled and transferred, if appropriate, pursuant to this order.
      Sec. 2. Efficient Transfer of Educationally Useful Federal
    Equipment to Schools and Nonprofit Organizations. (a) To the extent
    permitted by law, all agencies shall give highest preference to
    schools and nonprofit organizations, including community-based
    educational organizations, ("schools and nonprofit organizations")
    in the transfer, through gift or donation, of educationally useful
    Federal equipment.
      (b) Agencies shall attempt to give particular preference to
    schools and nonprofit organizations located in the Federal
    enterprise communities and empowerment zones established in the
    Omnibus Reconciliation Act of 1993, Public Law 103-66 [see 26
    U.S.C. 1391 et seq.].
      (c) Each agency shall, to the extent permitted by law and where
    appropriate, identify educationally useful Federal equipment that
    it no longer needs and transfer it to a school or nonprofit
    organization by:
      (1) conveying research equipment directly to the school or
    organization pursuant to 15 U.S.C. 3710(i); or
      (2) reporting excess equipment to the General Services
    Administration (GSA) for donation when declared surplus in
    accordance with section 203(j) of the Federal Property and
    Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j)
    [now 40 U.S.C. 549]. Agencies shall report such equipment as far as
    possible in advance of the date the equipment becomes excess, so
    that GSA may attempt to arrange direct transfers from the donating
    agency to recipients eligible under this order.
      (d) In transfers made pursuant to paragraph (c)(1) of this
    section, title shall transfer directly from the agency to the
    schools or nonprofit organizations as required by 15 U.S.C.
    3710(i). All such transfers shall be reported to the GSA. At the
    direction of the recipient institution or organization, and if
    appropriate, transferred equipment may be conveyed initially to a
    nonprofit reuse or recycling program that will upgrade it before
    transfer to the school or nonprofit organization holding title.
      (e) All transfers to schools or nonprofit organizations, whether
    made directly or through GSA, shall be made at the lowest cost to
    the school or nonprofit organization permitted by law.
      (f) The availability of educationally useful Federal equipment
    shall be made known to eligible recipients under this order by all
    practicable means, including newspaper, community announcements,
    and the Internet.
      (g) The regional Federal Executive Boards shall help facilitate
    the transfer of educationally useful Federal equipment from the
    agencies they represent to recipients eligible under this order.
      Sec. 3. Assisting Teachers' Professional Development: Connecting
    Classrooms. (a) Each agency that has employees who have computer
    expertise shall, to the extent permitted by law and in accordance
    with the guidelines of the Office of Personnel Management,
    encourage those employees to:
      (1) help connect America's classrooms to the National Information
    Infrastructure;
      (2) assist teachers in learning to use computers to teach; and
      (3) provide ongoing maintenance of and technical support for the
    educationally useful Federal equipment transferred pursuant to this
    order.
      (b) Each agency described in subsection (a) shall submit to the
    Office of Science and Technology Policy, within 6 months of the
    date of this order, an implementation plan to advance the
    developments described in this order, particularly those required
    in this section. The plan shall be consistent with approved agency
    budget totals and shall be coordinated through the Office of
    Science and Technology Policy.
      (c) Nothing in this order shall be interpreted to bar a recipient
    of educationally useful Federal equipment from lending that
    equipment, whether on a permanent or temporary basis, to a teacher,
    administrator, student, employee, or other designated person in
    furtherance of educational goals.
      Sec. 4. Definitions. For the purposes of this order: (a)
    "Schools" means individual public or private education institutions
    encompassing prekindergarten through twelfth grade, as well as
    public school districts.
      (b) "Community-based educational organizations" means nonprofit
    entities that are engaged in collaborative projects with schools or
    that have education as their primary focus. Such organizations
    shall qualify as nonprofit educational institutions or
    organizations for purposes of section 203(j) of the Federal
    Property and Administrative Services Act of 1949, as amended [now
    40 U.S.C. 549].
      (c) "Educationally useful Federal equipment" means computers and
    related peripheral tools (e.g., printers, modems, routers, and
    servers), including telecommunications and research equipment, that
    are appropriate for use in prekindergarten, elementary, middle, or
    secondary school education. It shall also include computer
    software, where the transfer of licenses is permitted.
      (d) "Nonprofit reuse or recycling program" means a 501(c)
    organization able to upgrade computer equipment at no or low cost
    to the school or nonprofit organization taking title to it.
      (e) "Federal Executive Boards," as defined in 5 C.F.R. Part 960,
    are regional organizations of each Federal agency's highest local
    officials.
      Sec. 5. This order shall supersede Executive Order No. 12821 of
    November 16, 1992.
      Sec. 6. Judicial Review. This order is not intended, and should
    not be construed, to create any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, its officers, or its employees.
                                                     William J. Clinton.

-End-

-CITE-
    40 USC Sec. 550                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 550. Disposal of real property for certain purposes

-STATUTE-
      (a) Definition. - In this section, the term "State" includes the
    District of Columbia, Puerto Rico, and the territories and
    possessions of the United States.
      (b) Enforcement and Revision of Instruments Transferring Property
    Under This Section. - 
        (1) In general. - Subject to disapproval by the Administrator
      of General Services within 30 days after notice of a proposed
      action to be taken under this section, except for personal
      property transferred pursuant to section 549 of this title, the
      official specified in paragraph (2) shall determine and enforce
      compliance with the terms, conditions, reservations, and
      restrictions contained in an instrument by which a transfer under
      this section is made. The official shall reform, correct, or
      amend the instrument if necessary to correct the instrument or to
      conform the transfer to the requirements of law. The official
      shall grant a release from any term, condition, reservation or
      restriction contained in the instrument, and shall convey,
      quitclaim, or release to the transferee (or other eligible user)
      any right or interest reserved to the Federal Government by the
      instrument, if the official determines that the property no
      longer serves the purpose for which it was transferred or that a
      release, conveyance, or quitclaim deed will not prevent
      accomplishment of that purpose. The release, conveyance, or
      quitclaim deed may be made subject to terms and conditions that
      the official considers necessary to protect or advance the
      interests of the Government.
        (2) Specified official. - The official referred to in paragraph
      (1) is - 
          (A) the Secretary of Education, for property transferred
        under subsection (c) for school, classroom, or other
        educational use;
          (B) the Secretary of Health and Human Services, for property
        transferred under subsection (d) for use in the protection of
        public health, including research;
          (C) the Secretary of the Interior, for property transferred
        under subsection (e) for public park or recreation area use;
          (D) the Secretary of Housing and Urban Development, for
        property transferred under subsection (f) to provide housing or
        housing assistance for low-income individuals or families; and
          (E) the Secretary of the Interior, for property transferred
        under subsection (h) for use as a historic monument for the
        benefit of the public.

      (c) Property for School, Classroom, or Other Educational Use. - 
        (1) Assignment. - The Administrator, in the Administrator's
      discretion and under regulations that the Administrator may
      prescribe, may assign to the Secretary of Education for disposal
      surplus real property, including buildings, fixtures, and
      equipment situated on the property, that the Secretary recommends
      as needed for school, classroom, or other educational use.
        (2) Sale or lease. - Subject to disapproval by the
      Administrator within 30 days after notice to the Administrator by
      the Secretary of Education of a proposed transfer, the Secretary,
      for school, classroom, or other educational use, may sell or
      lease property assigned to the Secretary under paragraph (1) to a
      State, a political subdivision or instrumentality of a State, a
      tax-supported educational institution, or a nonprofit educational
      institution that has been held exempt from taxation under section
      501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
      501(c)(3)).
        (3) Fixing value. - In fixing the sale or lease value of
      property disposed of under paragraph (2), the Secretary of
      Education shall take into consideration any benefit which has
      accrued or may accrue to the Government from the use of the
      property by the State, political subdivision or instrumentality,
      or institution.

      (d) Property for Use in the Protection of Public Health,
    Including Research. - 
        (1) Assignment. - The Administrator, in the Administrator's
      discretion and under regulations that the Administrator may
      prescribe, may assign to the Secretary of Health and Human
      Services for disposal surplus real property, including buildings,
      fixtures, and equipment situated on the property, that the
      Secretary recommends as needed for use in the protection of
      public health, including research.
        (2) Sale or lease. - Subject to disapproval by the
      Administrator within 30 days after notice to the Administrator by
      the Secretary of Health and Human Services of a proposed
      transfer, the Secretary, for use in the protection of public
      health, including research, may sell or lease property assigned
      to the Secretary under paragraph (1) to a State, a political
      subdivision or instrumentality of a State, a tax-supported
      medical institution, or a hospital or similar institution not
      operated for profit that has been held exempt from taxation under
      section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
      501(c)(3)).
        (3) Fixing value. - In fixing the sale or lease value of
      property disposed of under paragraph (2), the Secretary of Health
      and Human Services shall take into consideration any benefit
      which has accrued or may accrue to the Government from the use of
      the property by the State, political subdivision or
      instrumentality, or institution.

      (e) Property for Use as a Public Park or Recreation Area. - 
        (1) Assignment. - The Administrator, in the Administrator's
      discretion and under regulations that the Administrator may
      prescribe, may assign to the Secretary of the Interior for
      disposal surplus real property, including buildings, fixtures,
      and equipment situated on the property, that the Secretary
      recommends as needed for use as a public park or recreation area.
        (2) Sale or lease. - Subject to disapproval by the
      Administrator within 30 days after notice to the Administrator by
      the Secretary of the Interior of a proposed transfer, the
      Secretary, for public park or recreation area use, may sell or
      lease property assigned to the Secretary under paragraph (1) to a
      State, a political subdivision or instrumentality of a State, or
      a municipality.
        (3) Fixing value. - In fixing the sale or lease value of
      property disposed of under paragraph (2), the Secretary of the
      Interior shall take into consideration any benefit which has
      accrued or may accrue to the Government from the use of the
      property by the State, political subdivision or instrumentality,
      or municipality.
        (4) Deed of conveyance. - The deed of conveyance of any surplus
      real property disposed of under this subsection - 
          (A) shall provide that all of the property be used and
        maintained for the purpose for which it was conveyed in
        perpetuity, and that if the property ceases to be used or
        maintained for that purpose, all or any portion of the property
        shall, in its then existing condition, at the option of the
        Government, revert to the Government; and
          (B) may contain additional terms, reservations, restrictions,
        and conditions the Secretary of the Interior determines are
        necessary to safeguard the interests of the Government.

      (f) Property for Low Income Housing Assistance. - 
        (1) Assignment. - The Administrator, in the Administrator's
      discretion and under regulations that the Administrator may
      prescribe, may assign to the Secretary of Housing and Urban
      Development for disposal surplus real property, including
      buildings, fixtures, and equipment situated on the property, that
      the Secretary recommends as needed to provide housing or housing
      assistance for low-income individuals or families.
        (2) Sale or lease. - Subject to disapproval by the
      Administrator within 30 days after notice to the Administrator by
      the Secretary of Housing and Urban Development of a proposed
      transfer, the Secretary, to provide housing or housing assistance
      for low-income individuals or families, may sell or lease
      property assigned to the Secretary under paragraph (1) to a
      State, a political subdivision or instrumentality of a State, or
      a nonprofit organization that exists for the primary purpose of
      providing housing or housing assistance for low-income
      individuals or families.
        (3) Self-help housing. - 
          (A) In general. - The Administrator shall disapprove a
        proposed transfer of property under this subsection unless the
        Administrator determines that the property will be used for low-
        income housing opportunities through the construction,
        rehabilitation, or refurbishment of self-help housing, under
        terms requiring that - 
            (i) subject to subparagraph (B), an individual or family
          receiving housing or housing assistance through use of the
          property shall contribute a significant amount of labor
          toward the construction, rehabilitation, or refurbishment;
          and
            (ii) dwellings constructed, rehabilitated, or refurbished
          through use of the property shall be quality dwellings that
          comply with local building and safety codes and standards and
          shall be available at prices below prevailing market prices.

          (B) Guidelines for considering disabilities. - For purposes
        of fulfilling self-help requirements under paragraph (3)(A)(i),
        the Administrator shall ensure that nonprofit organizations
        receiving property under paragraph (2) develop and use
        guidelines to consider any disability (as defined in section
        3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.
        12102(2)).

        (4) Fixing value. - 
          (A) In general. - In fixing the sale or lease value of
        property disposed of under paragraph (2), the Secretary of
        Housing and Urban Development shall take into consideration and
        discount the value for any benefit which has accrued or may
        accrue to the Government from the use of the property by the
        State, political subdivision or instrumentality, or nonprofit
        organization.
          (B) Amount of discount. - The amount of the discount under
        subparagraph (A) is 75 percent of the market value of the
        property, except that the Secretary of Housing and Urban
        Development may discount by a greater percentage if the
        Secretary, in consultation with the Administrator, determines
        that a higher percentage is justified.

      (g) Property for National Service Activities. - 
        (1) Assignment. - The Administrator, in the Administrator's
      discretion and under regulations that the Administrator may
      prescribe, may assign to the Chief Executive Officer of the
      Corporation for National and Community Service for disposal
      surplus property that the Chief Executive Officer recommends as
      needed for national service activities.
        (2) Sale, lease, or donation. - Subject to disapproval by the
      Administrator within 30 days after notice to the Administrator by
      the Chief Executive Officer of a proposed transfer, the Chief
      Executive Officer, for national service activities, may sell,
      lease, or donate property assigned to the Chief Executive Officer
      under paragraph (1) to an entity that receives financial
      assistance under the National and Community Service Act of 1990
      (42 U.S.C. 12501 et seq.).
        (3) Fixing value. - In fixing the sale or lease value of
      property disposed of under paragraph (2), the Chief Executive
      Officer shall take into consideration any benefit which has
      accrued or may accrue to the Government from the use of the
      property by the entity receiving the property.

      (h) Property for Use as a Historic Monument. - 
        (1) Conveyance. - 
          (A) In general. - Without monetary consideration to the
        Government, the Administrator may convey to a State, a
        political subdivision or instrumentality of a State, or a
        municipality, the right, title, and interest of the Government
        in and to any surplus real and related personal property that
        the Secretary of the Interior determines is suitable and
        desirable for use as a historic monument for the benefit of the
        public.
          (B) Recommendation by national park system advisory board. -
        Property may be determined to be suitable and desirable for use
        as a historic monument only in conformity with a recommendation
        by the National Park System Advisory Board established under
        section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known
        as the Historic Sites, Buildings, and Antiquities Act). Only
        the portion of the property that is necessary for the
        preservation and proper observation of the property's historic
        features may be determined to be suitable and desirable for use
        as a historic monument.

        (2) Revenue-producing activity. - 
          (A) In general. - The Administrator may authorize use of any
        property conveyed under this subsection for revenue-producing
        activities if the Secretary of the Interior - 
            (i) determines that the activities are compatible with use
          of the property for historic monument purposes;
            (ii) approves the grantee's plan for repair,
          rehabilitation, restoration, and maintenance of the property;
            (iii) approves the grantee's plan for financing the repair,
          rehabilitation, restoration, and maintenance of the property;
          and
            (iv) examines and approves the accounting and financial
          procedures used by the grantee.

          (B) Use of excess income. - The Secretary of the Interior may
        approve a grantee's financial plan only if the plan provides
        that the grantee shall use income exceeding the cost of repair,
        rehabilitation, restoration, and maintenance only for public
        historic preservation, park, or recreational purposes.
          (C) Audits. - The Secretary of the Interior may periodically
        audit the records of the grantee that are directly related to
        the property conveyed.

        (3) Deed of conveyance. - The deed of conveyance of any surplus
      real property disposed of under this subsection - 
          (A) shall provide that all of the property be used and
        maintained for historical monument purposes in perpetuity, and
        that if the property ceases to be used or maintained for
        historical monument purposes, all or any portion of the
        property shall, in its then existing condition, at the option
        of the Government, revert to the Government; and
          (B) may contain additional terms, reservations, restrictions,
        and conditions the Administrator determines are necessary to
        safeguard the interests of the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1094.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    550(a)         40:484(k)(1)(D).        June 30, 1949, ch. 288,      
                                            title II, Sec. 203(k), 63   
                                            Stat. 387; July 12, 1952,   
                                            ch. 703, Sec. 1(j), 66 Stat.
                                            593; June 3, 1955, ch. 130, 
                                            Sec. 6(a), (c), 69 Stat. 84,
                                            85; July 3, 1956, ch. 513,  
                                            Sec. 2, 70 Stat. 494; Pub.  
                                            L. 91-485, Sec. 2, Oct. 22, 
                                            1970, 84 Stat. 1084; Pub. L.
                                            92-362, Sec. 1, Aug. 4,     
                                            1972, 86 Stat. 503; Pub. L. 
                                            94-519, Sec. 1(2), Oct. 17, 
                                            1976, 90 Stat. 2453; Pub. L.
                                            103-82, title II, Sec.      
                                            202(f), Sept. 21, 1993, 107 
                                            Stat. 888; Pub. L. 105-50,  
                                            Sec. 2, Oct. 6, 1997, 111   
                                            Stat. 1167.                 
    550(b)         40:484(k)(4).                                        
    550(c)         40:484(k)(1)                                         
                    (matter before (A)                                  
                    related to                                          
                    education), (A),                                    
                    (C) (related to                                     
                    education).                                         
    550(d)         40:484(k)(1)                                         
                    (matter before (A)                                  
                    related to public                                   
                    health), (B), (C)                                   
                    (related to public                                  
                    health).                                            
    550(e)         40:484(k)(2).                                        
    550(f)         40:484(k)(6).                                        
    550(g)         40:484(k)(5).                                        
    550(h)         40:484(k)(3).                                        
    --------------------------------------------------------------------

      In subsections (b)(2), (c), and (d), the words "Secretary of
    Education" and "Secretary of Health and Human Services" are
    substituted for "Secretary of Health, Education, and Welfare", as
    appropriate, because of sections 301(a)(2)(P) and (b), 507, and
    509(b) of the Department of Education Organization Act
    (20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
      In subsection (b)(2), the words "the Surplus Property Act of
    1944, as amended", and the text of 40:484(k)(4)(D), are omitted
    because the relevant provisions of the Surplus Property Act of 1944
    (50 App.:1611 et seq.) have been repealed.
      In subsection (e), the definition of "States" is omitted as
    unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
      In subsection (e)(4), the words "this subsection" are used to
    reflect the probable intent of Congress. In 40:484(k)(2)(C), the
    words "this subsection" should probably be "this paragraph",
    meaning 40:484(k)(2). In the revised section, the reference to
    40:484(k)(2) is translated as "this subsection" to reflect the
    restatement of 40:484(k)(2) as subsection (e) of the revised
    section.
      In subsection (h), the definition of "States", is omitted as
    unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
      In subsection (h)(1)(B), the words "National Park System Advisory
    Board" are substituted for "Advisory Board on National Parks,
    Historic Sites, Buildings and Monuments" because of the amendment
    of 16:463 by section 9 of the Act of August 18, 1970 (Public Law 91-
    383), as added by section 2 of the Act of October 7, 1976 (Public
    Law 94-458, 90 Stat. 1940).
      In subsection (h)(2)(A), the words "this subsection" are used to
    reflect the probable intent of Congress. In 40:484(k)(3)(A), the
    words "this subsection" should probably be "this paragraph",
    meaning 40:484(k)(3). In the revised section, the reference to
    40:484(k)(3) is translated as "this subsection" to reflect the
    restatement of 40:484(k)(3) as subsection (h) of the revised
    section. The words "or the Surplus Property Act of 1944, as
    amended" are omitted because the relevant provisions of the Surplus
    Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
      In subsection (h)(3), the words "this subsection" are used to
    reflect the probable intent of Congress. In 40:484(k)(3)(B), the
    words "this subsection" should probably be "this paragraph",
    meaning 40:484(k)(3). In the revised section, the reference to
    40:484(k)(3) is translated as "this subsection" to reflect the
    restatement of 40:484(k)(3) as subsection (h) of the revised
    section.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National and Community Service Act of 1990, referred to in
    subsec.(g)(2), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
    as amended, which is classified principally to chapter 129 (Sec.
    12501 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 12501 of Title 42 and Tables.

-End-

-CITE-
    40 USC Sec. 551                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 551. Donations to American Red Cross

-STATUTE-
      The Administrator of General Services, in the Administrator's
    discretion and under regulations that the Administrator may
    prescribe, may donate to the American National Red Cross for
    charitable purposes property that the American National Red Cross
    processed, produced, or donated and that has been determined to be
    surplus property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    551            40:484(l).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(l), as   
                                            added Aug. 1, 1955, ch. 442,
                                            69 Stat. 430.               
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 552                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 552. Abandoned or unclaimed property on Government premises

-STATUTE-
      (a) Authority To Take Property. - The Administrator of General
    Services may take possession of abandoned or unclaimed property on
    premises owned or leased by the Federal Government and determine
    when title to the property vests in the Government. The
    Administrator may use, transfer, or otherwise dispose of the
    property.
      (b) Claim Filed by Former Owner. - If a former owner files a
    proper claim within three years from the date that title to the
    property vests in the Government, the former owner shall be paid an
    amount - 
        (1) equal to the proceeds realized from the disposition of the
      property less costs incident to care and handling as determined
      by the Administrator; or
        (2) if the property has been used or transferred, equal to the
      fair value of the property as of the time title vested in the
      Government less costs incident to care and handling as determined
      by the Administrator.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109-284,
    Sec. 6(3), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    552            40:484(m).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(m),      
                                            formerly Sec. 203(l), 63    
                                            Stat. 388; redesignated Sec.
                                            203(m), Aug. 1, 1955, ch.   
                                            442, 69 Stat. 430.          
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-284 substituted "(a) Authority To
    Take Property. - The Administrator" for "(a) Authority To Take
    Property Administrator".

-End-

-CITE-
    40 USC Sec. 553                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 553. Property for correctional facility, law enforcement, and
      emergency management response purposes

-STATUTE-
      (a) Definition. - In this section, the term "State" includes the
    District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin
    Islands, the Federated States of Micronesia, the Marshall Islands,
    Palau, and, the Northern Mariana Islands.
      (b) Authority To Transfer Property. - The Administrator of
    General Services, in the Administrator's discretion and under
    regulations that the Administrator may prescribe, may transfer or
    convey to a State, or political subdivision or instrumentality of a
    State, surplus real and related personal property that - 
        (1) the Attorney General determines is required by the
      transferee or grantee for correctional facility use under a
      program approved by the Attorney General for the care or
      rehabilitation of criminal offenders;
        (2) the Attorney General determines is required by the
      transferee or grantee for law enforcement purposes; or
        (3) the Administrator of the Federal Emergency Management
      Agency determines is required by the transferee or grantee for
      emergency management response purposes including fire and rescue
      services.

      (c) No Monetary Consideration. - A transfer or conveyance under
    this section shall be made without monetary consideration to the
    Federal Government.
      (d) Deed of Conveyance. - The deed of conveyance of any surplus
    real and related personal property disposed of under this section -
    
        (1) shall provide that all of the property be used and
      maintained for the purpose for which it was conveyed in
      perpetuity, and that if the property ceases to be used or
      maintained for that purpose, all or any portion of the property
      shall, in its then existing condition, at the option of the
      Government, revert to the Government; and
        (2) may contain additional terms, reservations, restrictions,
      and conditions that the Administrator determines are necessary to
      safeguard the interests of the Government.

      (e) Enforcement and Revision of Instruments Transferring Property
    Under This Section. - The Administrator shall determine and enforce
    compliance with the terms, conditions, reservations, and
    restrictions contained in an instrument by which a transfer or
    conveyance under this section is made. The Administrator shall
    reform, correct, or amend the instrument if necessary to correct
    the instrument or to conform the transfer to the requirements of
    law. The Administrator shall grant a release from any term,
    condition, reservation or restriction contained in the instrument,
    and shall convey, quitclaim, or release to the transferee (or other
    eligible user) any right or interest reserved to the Government by
    the instrument, if the Administrator determines that the property
    no longer serves the purpose for which it was transferred or that a
    release, conveyance, or quitclaim deed will not prevent
    accomplishment of that purpose. The release, conveyance, or
    quitclaim deed may be made subject to terms and conditions that the
    Administrator considers necessary to protect or advance the
    interests of the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109-295,
    title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat. 1410.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    553            40:484(p).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(p), as   
                                            added Pub. L. 98-473, title 
                                            II, Sec. 701, Oct. 12, 1984,
                                            98 Stat. 2129; Pub. L.      
                                            105-119, title I, Sec. 118, 
                                            Nov. 26, 1997, 111 Stat.    
                                            2468; Pub. L. 106-113, Sec. 
                                            1000(a)(5) [Sec. 233(a)],   
                                            Nov. 29, 1999, 113 Stat.    
                                            1501A-301; Pub. L. 106-168, 
                                            title III, Sec. 301, Dec.   
                                            12, 1999, 113 Stat. 1821;   
                                            Pub. L. 106-398, Sec. 1     
                                            [Sec. 2814], Oct. 30, 2000, 
                                            114 Stat. 1654A-419.        
    --------------------------------------------------------------------

      In subsection (a), the words "Trust Territory of the Pacific
    Islands" are omitted and the words "the Federated States of
    Micronesia, the Marshall Islands, Palau" are added because of the
    termination of the Trust Territory of the Pacific Islands. See
    48:1681 note prec.
      In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is
    omitted as executed and obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The "Administrator", referred to in subsecs. (d)(2) and (e), is
    the Administrator of General Services.

-CHANGE-
                              CHANGE OF NAME                          
      "Administrator of the Federal Emergency Management Agency"
    substituted for "Director of the Federal Emergency Management
    Agency" in subsec. (b)(3) on authority of section 612(c) of Pub. L.
    109-295, set out as a note under section 313 of Title 6, Domestic
    Security. Any reference to the Administrator of the Federal
    Emergency Management Agency in title VI of Pub. L. 109-295 or an
    amendment by title VI to be considered to refer and apply to the
    Director of the Federal Emergency Management Agency until Mar. 31,
    2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note
    under section 313 of Title 6.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-
    40 USC Sec. 554                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 554. Property for development or operation of a port facility

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Base closure law. - The term "base closure law" has the
      meaning given that term in section 101(a)(17) of title 10.
        (2) State. - The term "State" includes the District of
      Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands,
      the Federated States of Micronesia, the Marshall Islands, Palau,
      and the Northern Mariana Islands.

      (b) Authority for Assignment to the Secretary of Transportation. -
     Under regulations that the Administrator of General Services,
    after consultation with the Secretary of Defense, may prescribe,
    the Administrator, or the Secretary of Defense in the case of
    property located at a military installation closed or realigned
    pursuant to a base closure law, may assign to the Secretary of
    Transportation for disposal surplus real property, including
    buildings, fixtures, and equipment situated on the property, that
    the Secretary of Transportation recommends as needed for the
    development or operation of a port facility.
      (c) Authority for Conveyance by the Secretary of Transportation. -
     
        (1) In general. - Subject to disapproval by the Administrator
      or the Secretary of Defense within 30 days after notice of a
      proposed conveyance by the Secretary of Transportation, the
      Secretary of Transportation, for the development or operation of
      a port facility, may convey property assigned to the Secretary of
      Transportation under subsection (b) to a State or political
      subdivision, municipality, or instrumentality of a State.
        (2) Conveyance requirements. - A transfer of property may be
      made under this section only after the Secretary of
      Transportation has - 
          (A) determined, after consultation with the Secretary of
        Labor, that the property to be conveyed is located in an area
        of serious economic disruption;
          (B) received and, after consultation with the Secretary of
        Commerce, approved an economic development plan submitted by an
        eligible grantee and based on assured use of the property to be
        conveyed as part of a necessary economic development program;
        and
          (C) transmitted to Congress an explanatory statement that
        contains information substantially similar to the information
        contained in statements prepared under section 545(e) of this
        title.

      (d) No Monetary Consideration. - A conveyance under this section
    shall be made without monetary consideration to the Federal
    Government.
      (e) Deed of Conveyance. - The deed of conveyance of any surplus
    real and related personal property disposed of under this section
    shall - 
        (1) provide that all of the property be used and maintained for
      the purpose for which it was conveyed in perpetuity, and that if
      the property ceases to be used or maintained for that purpose,
      all or any portion of the property shall, in its then existing
      condition, at the option of the Government, revert to the
      Government; and
        (2) contain additional terms, reservations, restrictions, and
      conditions that the Secretary of Transportation shall by
      regulation require to ensure use of the property for the purposes
      for which it was conveyed and to safeguard the interests of the
      Government.

      (f) Enforcement and Revision of Instruments Transferring Property
    Under This Section. - The Secretary of Transportation shall
    determine and enforce compliance with the terms, conditions,
    reservations, and restrictions contained in an instrument by which
    a transfer or conveyance under this section is made. The Secretary
    shall reform, correct, or amend the instrument if necessary to
    correct the instrument or to conform the transfer to the
    requirements of law. The Secretary shall grant a release from any
    term, condition, reservation or restriction contained in the
    instrument, and shall convey, quitclaim, or release to the grantee
    any right or interest reserved to the Government by the instrument,
    if the Secretary determines that the property no longer serves the
    purpose for which it was transferred or that a release, conveyance,
    or quitclaim deed will not prevent accomplishment of that purpose.
    The release, conveyance, or quitclaim deed may be made subject to
    terms and conditions that the Secretary considers necessary to
    protect or advance the interests of the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109-163,
    div. A, title X, Sec. 1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439;
    Pub. L. 109-284, Sec. 6(4), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    554            40:484(q).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(q), as   
                                            added Pub. L. 103-160, div. 
                                            B, title XXIX, Sec. 2927(2),
                                            Nov. 30, 1993, 107 Stat.    
                                            1933.                       
    --------------------------------------------------------------------

      In subsection (a), the words "Trust Territory of the Pacific
    Islands" are omitted and the words "the Federated States of
    Micronesia, the Marshall Islands, Palau" are added because of the
    termination of the Trust Territory of the Pacific Islands. See
    48:1681 note prec.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-163 substituted "has the
    meaning given that term in section 101(a)(17) of title 10." for
    "means the following:
        "(A) Title II of the Defense Authorization Amendments and Base
      Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
      note).
        "(B) The Defense Base Closure and Realignment Act of 1990 (part
      A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        "(C) Section 2687 of title 10."
      Subsec. (c). Pub. L. 109-284 substituted "Transportation. - " for
    "Transportation." in heading.

-End-

-CITE-
    40 USC Sec. 555                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 555. Donation of law enforcement canines to handlers

-STATUTE-
      The head of a federal agency having control of a canine that has
    been used by a federal agency in the performance of law enforcement
    duties and that has been determined by the agency to be no longer
    needed for official purposes may donate the canine to an individual
    who has experience handling canines in the performance of those
    duties.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    555            40:484(r).              June 30, 1949, ch. 288,      
                                            title II, Sec. 203(r), as   
                                            added Pub. L. 105-27, Sec.  
                                            1, July 18, 1997, 111 Stat. 
                                            244.                        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 556                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 556. Disposal of dredge vessels

-STATUTE-
      (a) In General. - The Administrator of General Services, pursuant
    to sections 521 through 527, 529, and 549 of this title, may
    dispose of a United States Army Corps of Engineers vessel used for
    dredging, together with related equipment owned by the Federal
    Government and under the control of the Chief of Engineers, if the
    Secretary of the Army declares the vessel to be in excess of
    federal needs.
      (b) Recipients and Purposes. - Disposal under this section is
    accomplished - 
        (1) through sale or lease to - 
          (A) a foreign government as part of a Corps of Engineers
        technical assistance program;
          (B) a federal or state maritime academy for training
        purposes; or
          (C) a non-federal public body for scientific, educational, or
        cultural purposes; or

        (2) through sale solely for scrap to foreign or domestic
      interests.

      (c) No Dredging Activities. - A vessel described in subsection
    (a) shall not be disposed of under any law for the purpose of
    engaging in dredging activities within the United States.
      (d) Deposit of Amounts Collected. - Amounts collected from the
    sale or lease of a vessel or equipment under this section shall be
    deposited into the revolving fund authorized by section 101 (9th
    par.) of the Civil Functions Appropriation (!1) Act, 1954 (33
    U.S.C. 576), to be available, as provided in appropriation laws,
    for the operation and maintenance of vessels under the control of
    the Corps of Engineers.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    556            40:483d.                Pub. L. 99-662, title IX,    
                                            Sec. 945, Nov. 17, 1986, 100
                                            Stat. 4200.                 
    --------------------------------------------------------------------

      In subsection (a), the words "U.S. Army Corps of Engineers" are
    substituted for "Corps of Engineers" for clarity. The words
    "Secretary of the Army" are substituted for "Secretary" because of
    section 2 of the Water Resources Development Act of 1986 (33:2201).
      In subsection (d), the words "U.S. Army Corps of Engineers" are
    substituted for "Corps of Engineers" for clarity.

-FOOTNOTE-
    (!1) So in original. Probably should be "Appropriations".

-End-

-CITE-
    40 USC Sec. 557                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 557. Donation of books to Free Public Library

-STATUTE-
      Subject to regulations under this subtitle, a book that is no
    longer needed by an executive department, bureau, or commission of
    the Federal Government, and that is not an advisable addition to
    the Library of Congress, shall be turned over to the Free Public
    Library of the District of Columbia for general use if the book is
    appropriate for the Free Public Library.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    557            40:484-1.               Feb. 25, 1903, ch. 755, Sec. 
                                            1 (7th par. on p. 865), 32  
                                            Stat. 865; Oct. 31, 1951,   
                                            ch. 654, Sec. 2(1), 65 Stat.
                                            706.                        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 558                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 558. Donation of forfeited vessels

-STATUTE-
      (a) In General. - A vessel that is forfeited to the Federal
    Government may be donated, in accordance with procedures under this
    subtitle, to an eligible institution described in subsection (b).
      (b) Eligible Institution. - An eligible institution referred to
    in subsection (a) is an educational institution with a commercial
    fishing vessel safety program or other vessel safety, education and
    training program. The institution must certify to the federal
    officer making the donation that the program includes, at a
    minimum, all of the following courses in vessel safety:
        (1) Vessel stability.
        (2) Firefighting.
        (3) Shipboard first aid.
        (4) Marine safety and survival.
        (5) Seamanship rules of the road.

      (c) Terms and Conditions. - The donation of a vessel under this
    section shall be made on terms and conditions considered
    appropriate by the federal officer making the donation. All of the
    following terms and conditions are required:
        (1) No warranty. - The institution must accept the vessel as
      is, where it is, and without warranty of any kind and without any
      representation as to its condition or suitability for use.
        (2) Maintenance. - The institution is responsible for
      maintaining the vessel.
        (3) Instruction only. - The vessel may be used only for
      instructing students in a vessel safety education and training
      program.
        (4) Documentation. - If the vessel is eligible to be
      documented, it must be documented by the institution as a vessel
      of the United States under chapter 121 of title 46. The
      requirements of paragraph (5) must be noted on the permanent
      record of the vessel.
        (5) Disposal. - The institution must obtain prior approval from
      the Administrator of General Services before disposing of the
      vessel and any proceeds from disposal shall be payable to the
      Government.
        (6) Inspection or regulation. - The vessel shall be inspected
      or regulated in the same manner as a nautical school vessel under
      chapter 33 of title 46.

      (d) Government Liability. - The Government is not liable in an
    action arising out of the transfer or use of a vessel transferred
    under this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    558            40:484d.                Pub. L. 99-640, Sec.         
                                            13(a)-(c), Nov. 10, 1986,   
                                            100 Stat. 3551.             
    --------------------------------------------------------------------

      In subsection (b), the words "all of" are inserted for clarity.

-End-

-CITE-
    40 USC Sec. 559                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-
    Sec. 559. Advice of Attorney General with respect to antitrust law

-STATUTE-
      (a) Definition. - In this section, the term "antitrust law"
    includes - 
        (1) the Sherman Act (15 U.S.C. 1 et seq.);
        (2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);
        (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
      and
        (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8,
      9).

      (b) Advice Required. - 
        (1) In general. - An executive agency shall not dispose of
      property to a private interest until the agency has received the
      advice of the Attorney General on whether the disposal to a
      private interest would tend to create or maintain a situation
      inconsistent with antitrust law.
        (2) Exception. - This section does not apply to disposal of - 
          (A) real property, if the estimated fair market value is less
        than $3,000,000; or
          (B) personal property (other than a patent, process,
        technique, or invention), if the estimated fair market value is
        less than $3,000,000.

      (c) Notice to Attorney General. - 
        (1) In general. - An executive agency that contemplates
      disposing of property to a private interest shall promptly
      transmit notice of the proposed disposal, including probable
      terms and conditions, to the Attorney General.
        (2) Copy. - Except for the General Services Administration, an
      executive agency that transmits notice under paragraph (1) shall
      simultaneously transmit a copy of the notice to the Administrator
      of General Services.

      (d) Advice From Attorney General. - Within a reasonable time, not
    later than 60 days, after receipt of notice under subsection (c),
    the Attorney General shall advise the Administrator and any
    interested executive agency whether, so far as the Attorney General
    can determine, the proposed disposition would tend to create or
    maintain a situation inconsistent with antitrust law.
      (e) Request for Information. - On request from the Attorney
    General, the head of an executive agency shall furnish information
    the agency possesses that the Attorney General determines is
    appropriate or necessary to - 
        (1) give advice required by this section; or
        (2) determine whether any other disposition or proposed
      disposition of surplus property violates antitrust law.

      (f) No Effect on Antitrust Law. - This subtitle does not impair,
    amend, or modify antitrust law or limit or prevent application of
    antitrust law to a person acquiring property under this subtitle.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    559            40:488.                 June 30, 1949, ch. 288,      
                                            title II, Sec. 207, 63 Stat.
                                            391; Pub. L. 85-680, Aug.   
                                            19, 1958, 72 Stat. 631; Pub.
                                            L. 100-612, Sec. 7, Nov. 5, 
                                            1988, 102 Stat. 3182.       
    --------------------------------------------------------------------

      In subsection (e), the words "the head of an executive agency"
    are substituted for "the Administrator or any other executive
    agency", the words "or cause to be furnished" are omitted, and the
    words "information the agency possesses" are substituted for "such
    information as the Administrator or such other executive agency may
    possess", to eliminate unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Sherman Act, referred to in subsec. (a)(1), is act July 2,
    1890, ch. 647, 26 Stat. 209, as amended, which is classified to
    sections 1 to 7 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1 of Title 15 and Tables.
      The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15,
    1914, ch. 323, 38 Stat. 730, as amended, which is classified
    generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15,
    Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For
    further details and complete classification of this Act to the
    Code, see note set out under section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in subsec. (a)(3),
    is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 58 of Title 15 and Tables.

-End-

-CITE-
    40 USC SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-
              SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER          

-End-

-CITE-
    40 USC Sec. 571                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-
    Sec. 571. General rules for deposit and use of proceeds

-STATUTE-
      (a) Deposit in Treasury as Miscellaneous Receipts. - 
        (1) In general. - Except as otherwise provided in this
      subchapter, proceeds described in paragraph (2) shall be
      deposited in the Treasury as miscellaneous receipts.
        (2) Proceeds. - The proceeds referred to in paragraph (1) are
      proceeds under this chapter from a - 
          (A) transfer of excess property to a federal agency for
        agency use; or
          (B) sale, lease, or other disposition of surplus property.

      (b) Payment of Expenses of Sale Before Deposit. - Subject to
    regulations under this subtitle, the expenses of the sale of old
    material, condemned stores, supplies, or other public property may
    be paid from the proceeds of sale so that only the net proceeds are
    deposited in the Treasury. This subsection applies whether proceeds
    are deposited as miscellaneous receipts or to the credit of an
    appropriation as authorized by law.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1104.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    571(a)         40:485(a).              June 30, 1949, ch. 288,      
                                            title II, Sec. 204(a), 63   
                                            Stat. 388; Pub. L. 101-510, 
                                            div. B, title XXVIII, Sec.  
                                            2805(1), Nov. 5, 1990, 104  
                                            Stat. 1786.                 
    571(b)         40:485a.                June 8, 1896, ch. 373, 29    
                                            Stat. 268; Oct. 31, 1951,   
                                            ch. 654, Sec. 2(20), 65     
                                            Stat. 707; Pub. L. 104-316, 
                                            title I, Sec. 120(a), Oct.  
                                            19, 1996, 110 Stat. 3836.   
    --------------------------------------------------------------------

      In subsection (b), the words "whether proceeds are deposited as
    miscellaneous receipts or to the credit of an appropriation as
    authorized by law" are substituted for "either as miscellaneous
    receipts on account of 'proceeds of Government property' or to the
    credit of the appropriations to which such proceeds are by law
    authorized to be made . . . either as miscellaneous receipts or to
    the credit of such appropriations, as the case may be" to eliminate
    unnecessary words.

-End-

-CITE-
    40 USC Sec. 572                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-
    Sec. 572. Real property

-STATUTE-
      (a) In General. - 
        (1) Separate fund. - Except as provided in subsection (b),
      proceeds of the disposition of surplus real and related personal
      property by the Administrator of General Services shall be set
      aside in a separate fund in the Treasury.
        (2) Payment of expenses from the fund. - 
          (A) Authority. - From the fund described in paragraph (1),
        the Administrator may obligate an amount to pay the following
        direct expenses incurred for the use of excess property and the
        disposal of surplus property under this subtitle:
            (i) Fees of appraisers, auctioneers, and realty brokers, in
          accordance with the scale customarily paid in similar
          commercial transactions.
            (ii) Costs of environmental and historic preservation
          services, highest and best use of property studies,
          utilization of property studies, deed compliance inspection,
          and the expenses incurred in a relocation.
            (iii) Advertising and surveying.

          (B) Limitations. - 
            (i) Percentage limitation. - In each fiscal year, no more
          than 12 percent of the proceeds of all dispositions of
          surplus real and related personal property may be paid to
          meet direct expenses incurred in connection with the
          dispositions.
            (ii) Determination of maximum amount. - The Director of the
          Office of Management and Budget each quarter shall determine
          the maximum amount that may be obligated under this
          paragraph.

          (C) Direct payment or reimbursement. - An amount obligated
        under this paragraph may be used to pay an expense directly or
        to reimburse a fund or appropriation that initially paid the
        expense.

        (3) Transfer to miscellaneous receipts. - At least once each
      year, excess amounts beyond current operating needs shall be
      transferred from the fund described in paragraph (1) to
      miscellaneous receipts.
        (4) Report. - A report of receipts, disbursements, and
      transfers to miscellaneous receipts under this subsection shall
      be made annually, in connection with the budget estimate, to the
      Director and to Congress.

      (b) Real Property Under Control of a Military Department. - 
        (1) Definitions. - In this subsection, the following
      definitions apply:
          (A) Military installation. - The term "military installation"
        has the meaning given that term in section 2687(e)(1) of title
        10.
          (B) Base closure law. - The term "base closure law" has the
        meaning given that term in section 101(a)(17) of title 10.

        (2) Application. - 
          (A) In general. - This subsection applies to real property,
        including any improvement on the property, that is under the
        control of a military department and that the Secretary of the
        department determines is excess to the department's needs.
          (B) Exceptions. - This subsection does not apply to - 
            (i) damaged or deteriorated military family housing
          facilities conveyed under section 2854a of title 10; or
            (ii) property at a military installation designated for
          closure or realignment pursuant to a base closure law.

        (3) Transfer between military departments. - The Secretary of
      Defense shall provide that property described in paragraph (2) is
      available for transfer, without reimbursement, to other military
      departments within the Department of Defense.
        (4) Alternative disposition by administrator of general
      services. - If property is not transferred pursuant to paragraph
      (3), the Secretary of the military department with the property
      under its control shall request the Administrator to transfer or
      dispose of the property in accordance with this subtitle or other
      applicable law.
        (5) Proceeds. - 
          (A) Deposit in special account. - For a transfer or
        disposition of property pursuant to paragraph (4), the
        Administrator shall deposit any proceeds (less expenses of the
        transfer or disposition as provided in subsection (a)) in a
        special account in the Treasury.
          (B) Availability of amount deposited. - To the extent
        provided in an appropriation law, an amount deposited in a
        special account under subparagraph (A) is available for
        facility maintenance and repair or environmental restoration as
        follows:
            (i) In the case of property located at a military
          installation that is closed, the amount is available for
          facility maintenance and repair or environmental restoration
          by the military department that had jurisdiction over the
          property before the closure of the military installation.
            (ii) In the case of property located at any other military
          installation - 
              (I) 50 percent of the amount is available for facility
            maintenance and repair or environmental restoration at the
            military installation where the property was located before
            it was disposed of or transferred; and
              (II) 50 percent of the amount is available for facility
            maintenance and repair and for environmental restoration by
            the military department that had jurisdiction over the
            property before it was disposed of or transferred.

        (6) Report. - As part of the annual request for authorizations
      of appropriations to the Committees on Armed Services of the
      Senate and the House of Representatives, the Secretary of Defense
      shall include an accounting of each transfer and disposal made in
      accordance with this subsection during the fiscal year preceding
      the fiscal year in which the request is made. The accounting
      shall include a detailed explanation of each transfer and
      disposal and of the use of the proceeds received from it by the
      Department of Defense.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1105; Pub. L. 108-447,
    div. H, title IV, Sec. 408, Dec. 8, 2004, 118 Stat. 3258; Pub. L.
    109-13, div. A, title VI, Sec. 6068, May 11, 2005, 119 Stat. 299;
    Pub. L. 109-163, div. A, title X, Sec. 1056(a)(5)(B), Jan. 6, 2006,
    119 Stat. 3439.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    572(a)         40:485(b).              June 30, 1949, ch. 288,      
                                            title II, Sec. 204(b), as   
                                            added Aug. 31, 1954, ch.    
                                            1178, Sec. 1(b), 68 Stat.   
                                            1051; Pub. L. 86-215, Sept. 
                                            1, 1959, 73 Stat. 446; Pub. 
                                            L. 100-612, Sec. 6, Nov. 5, 
                                            1988, 102 Stat. 3181; Pub.  
                                            L. 101-510, div. B, title   
                                            XXVIII, Sec. 2805(2), Nov.  
                                            5, 1990, 104 Stat. 1786;    
                                            Pub. L. 107-107, Sec. 2812, 
                                            Dec. 28, 2001, 115 Stat.    
                                            1307.                       
    572(b)         40:485(h).              June 30, 1949, ch. 288,      
                                            title II, Sec. 204(h), as   
                                            added Pub. L. 101-510, div. 
                                            B, title XXVIII, Sec.       
                                            2805(3), Nov. 5, 1990, 104  
                                            Stat. 1786; Pub. L. 104-106,
                                            div. A, title XV, Sec.      
                                            1502(f)(7), div. B, title   
                                            XXVIII, Sec. 2818(b), Feb.  
                                            10, 1996, 110 Stat. 510,    
                                            555; Pub. L. 106-65, title  
                                            X, Sec. 1067(18), Oct. 5,   
                                            1999, 113 Stat. 775; Pub. L.
                                            107-107, Sec. 2812, Dec. 28,
                                            2001, 115 Stat. 1307.       
    --------------------------------------------------------------------

      In subsection (b)(4), the words "section 13(g) of the Surplus
    Property Act of 1944 (50 U.S.C. App. 1622(g))" are omitted because
    50 App.:1622(g) has been repealed.

                                AMENDMENTS                            
      2006 - Subsec. (b)(1)(B). Pub. L. 109-163 substituted "section
    101(a)(17) of title 10" for "section 2667(h)(2) of title 10".
      2005 - Subsec. (a)(2)(A)(ii). Pub. L. 109-13 made technical
    correction to directory language of Pub. L. 108-447, Sec. 408. See
    2004 Amendment note below.
      2004 - Subsec. (a)(2)(A)(ii). Pub. L. 108-447, Sec. 408, as
    amended by Pub. L. 109-13, inserted ", highest and best use of
    property studies, utilization of property studies, deed compliance
    inspection, and the expenses incurred in a relocation" before
    period at end.

-End-

-CITE-
    40 USC Sec. 573                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-
    Sec. 573. Personal property

-STATUTE-
      The Administrator of General Services may retain from the
    proceeds of sales of personal property the Administrator conducts
    amounts necessary to recover, to the extent practicable, costs the
    Administrator (or the Administrator's agent) incurs in conducting
    the sales. The Administrator shall deposit amounts retained into
    the Acquisition Services Fund established under section 321(a) of
    this title. From the amounts deposited, the Administrator may pay
    direct costs and reasonably related indirect costs incurred in
    conducting sales of personal property. At least once each year,
    amounts retained that are not needed to pay the direct and indirect
    costs shall be transferred from the Acquisition Services Fund to
    the general fund or another appropriate account in the Treasury.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107; Pub. L. 109-313,
    Sec. 3(h)(4), Oct. 6, 2006, 120 Stat. 1736.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    573            40:485(i).              June 30, 1949, ch. 288,      
                                            title II, Sec. 204(i), as   
                                            added Pub. L. 103-123, title
                                            IV, Sec. 7, Oct. 28, 1993,  
                                            107 Stat. 1247.             
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Pub. L. 109-313 substituted "Acquisition Services Fund"
    for "General Supply Fund" in two places.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 574                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-
    Sec. 574. Other rules regarding proceeds

-STATUTE-
      (a) Credit to Reimbursable Fund or Appropriation. - 
        (1) Application. - This subsection applies to property acquired
      with amounts - 
          (A) not appropriated from the general fund of the Treasury;
        or
          (B) appropriated from the general fund of the Treasury but by
        law reimbursable from assessment, tax, or other revenue or
        receipts.

        (2) In general. - The net proceeds of a disposition or transfer
      of property described in paragraph (1) shall be - 
          (A) credited to the applicable reimbursable fund or
        appropriation; or
          (B) paid to the federal agency that determined the property
        to be excess.

        (3) Calculation of net proceeds. - For purposes of this
      subsection, the net proceeds of a disposition or transfer of
      property are the proceeds less all expenses incurred for the
      disposition or transfer, including care and handling.
        (4) Alternative credit to miscellaneous receipts. - If the
      agency that determined the property to be excess decides that it
      is uneconomical or impractical to ascertain the amount of net
      proceeds, the proceeds shall be credited to miscellaneous
      receipts.

      (b) Special Account for Refunds or Payments for Breach. - 
        (1) Deposits. - A federal agency that disposes of surplus
      property under this chapter may deposit, in a special account in
      the Treasury, amounts of the proceeds of the dispositions that
      the agency decides are necessary to permit - 
          (A) appropriate refunds to purchasers for dispositions that
        are rescinded or that do not become final; and
          (B) payments for breach of warranty.

        (2) Withdrawals. - A federal agency that deposits proceeds in a
      special account under paragraph (1) may withdraw amounts to be
      refunded or paid from the account without regard to the origin of
      the amounts withdrawn.

      (c) Credit to Cost of Contractor's Work. - If a contract made by
    an executive agency, or a subcontract under that contract,
    authorizes the proceeds of a sale of property in the custody of a
    contractor or subcontractor to be credited to the price or cost of
    work covered by the contract or subcontract, then the proceeds of
    the sale shall be credited in accordance with the contract or
    subcontract.
      (d) Acceptance of Property Instead of Cash. - An executive agency
    entitled to receive cash under a contract for the lease, sale, or
    other disposition of surplus property may accept property instead
    of cash if the President determines that the property is strategic
    or critical material. The property is valued at the prevailing
    market price when the cash payment becomes due.
      (e) Management of Credit, Leases, and Permits. - For a
    disposition of surplus property under this chapter, if credit has
    been extended, or if the disposition has been by lease or permit,
    the Administrator of General Services, in a manner and on terms the
    Administrator determines are in the best interest of the Federal
    Government - 
        (1) shall administer and manage the credit, lease, or permit,
      and any security for the credit, lease, or permit; and
        (2) may enforce, adjust, and settle any right of the Government
      with respect to the credit, lease, or permit.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    574(a)         40:485(c).              June 30, 1949, ch. 288,      
                                            title II, Sec. 204(c)-(g),  
                                            formerly Sec. 204(b)-(f), 63
                                            Stat. 389; redesignated Sec.
                                            204(c)-(g), Aug. 31, 1954,  
                                            ch. 1178, Sec. 1(a), 68     
                                            Stat. 1051; Pub. L. 96-41,  
                                            Sec. 3(d), July 30, 1979, 93
                                            Stat. 325.                  
    574(b)         40:485(d).                                           
    574(c)         40:485(e).                                           
    574(d)         40:485(f).                                           
    574(e)         40:485(g).                                           
    --------------------------------------------------------------------

      In subsection (b)(1), the words "in the Treasury" are substituted
    for "with the Treasurer of the United States" because of section 1
    of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat.
    1280), restated as 31:321.
      In subsection (e), the words "or by War Assets Administration (or
    its predecessor agencies) under the Surplus Property Act of 1944"
    are omitted because the War Assets Administration was abolished and
    its functions were transferred to the General Services
    Administration by section 105 of the Federal Property and
    Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under subsec. (f) of section 485 of former
    Title 40, Public Buildings, Property, and Works (which was repealed
    and reenacted as subsec. (d) of this section by Pub. L. 107-217,
    Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to
    Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25,
    1988, 53 F.R. 6114, set out as a note under section 98 of Title 50,
    War and National Defense.

-End-

-CITE-
    40 USC SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED
           ACTIVITIES                                      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
       SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES   

-End-

-CITE-
    40 USC Sec. 581                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 581. General authority of Administrator of General Services

-STATUTE-
      [(a) Repealed. Pub. L. 107-296, title XVII, Sec. 1706(a)(1), Nov.
    25, 2002, 116 Stat. 2316.]
      (b) Personnel and Equipment. - The Administrator of General
    Services may - 
        (1) employ and pay personnel at per diem rates approved by the
      Administrator, not exceeding rates currently paid by private
      industry for similar services in the place where the services are
      performed; and
        (2) purchase, repair, and clean uniforms for civilian employees
      of the General Services Administration who are required by law or
      regulation to wear uniform clothing.

      (c) Acquisition and Management of Property. - 
        (1) Real estate. - The Administrator may acquire, by purchase,
      condemnation, or otherwise, real estate and interests in real
      estate.
        (2) Ground rent. - The Administrator may pay ground rent for
      buildings owned by the Federal Government or occupied by federal
      agencies, and pay the rent in advance if required by law or if
      the Administrator determines that advance payment is in the
      public interest.
        (3) Rent and repairs under a lease. - The Administrator may pay
      rent and make repairs, alterations, and improvements under the
      terms of a lease entered into by, or transferred to, the
      Administration for the housing of a federal agency.
        (4) Repairs that are economically advantageous. - The
      Administrator may repair, alter, or improve rented premises if
      the Administrator determines that doing so is advantageous to the
      Government in terms of economy, efficiency, or national security.
      The Administrator's determination must - 
          (A) set forth the circumstances that make the repair,
        alteration, or improvement advantageous; and
          (B) show that the total cost (rental, repair, alteration, and
        improvement) for the expected life of the lease is less than
        the cost of alternative space not needing repair, alteration,
        or improvement.

        (5) Insurance proceeds for defense industrial reserve. - At the
      direction of the Secretary of Defense, the Administrator may use
      insurance proceeds received for damage to property that is part
      of the Defense Industrial Reserve to repair or restore the
      property.
        (6) Maintenance contracts. - The Administrator may enter into a
      contract, for a period not exceeding five years, for the
      inspection, maintenance, and repair of fixed equipment in a
      federally owned building.

      (d) Lease of Federal Building Sites. - 
        (1) In general. - The Administrator may lease a federal
      building site or addition, including any improvements, until the
      site is needed for construction purposes. The lease must be for
      fair rental value and on other terms and conditions the
      Administrator considers to be in the public interest pursuant to
      section 545 of this title.
        (2) Negotiation without advertising. - A lease under this
      subsection may be negotiated without public advertising for bids
      if - 
          (A) the lessee is - 
            (i) the former owner from whom the Government acquired the
          property; or
            (ii) the former owner's tenant in possession; and

          (B) the lease is negotiated incident to or in connection with
        the acquisition of the property.

        (3) Deposit of rent. - Rent received under this subsection may
      be deposited into the Federal Buildings Fund.

      (e) Assistance to the Inaugural Committee. - The Administrator
    may provide direct assistance and special services for the
    Inaugural Committee (as defined in section 501 of title 36) during
    an inaugural period in connection with Presidential inaugural
    operations and functions. Assistance and services under this
    subsection may include - 
        (1) employment of personal services without regard to chapters
      33 and 51 and subchapter III of chapter 53 of title 5;
        (2) providing Government-owned and leased space for personnel
      and parking;
        (3) paying overtime to guard and custodial forces;
        (4) erecting and removing stands and platforms;
        (5) providing and operating first-aid stations;
        (6) providing furniture and equipment; and
        (7) providing other incidental services in the discretion of
      the Administrator.

      (f) Utilities for Defense Industrial Reserve and Surplus
    Property. - The Administrator may - 
        (1) provide utilities and services, if the utilities and
      services are not provided by other sources, to a person, firm, or
      corporation occupying or using a plant or portion of a plant that
      constitutes - 
          (A) any part of the Defense Industrial Reserve pursuant to
        section 2535 of title 10; or
          (B) surplus real property; and

        (2) credit an amount received for providing utilities and
      services under this subsection to an applicable appropriation of
      the Administration.

      (g) Obtaining Payments. - The Administrator may - 
        (1) obtain payments, through advances or otherwise, for
      services, space, quarters, maintenance, repair, or other
      facilities furnished, on a reimbursable basis, to a federal
      agency, a mixed-ownership Government corporation (as defined in
      chapter 91 of title 31), or the District of Columbia; and
        (2) credit the payments to the applicable appropriation of the
      Administration.

      (h) Cooperative Use of Public Buildings. - 
        (1) Leasing space for commercial and other purposes. - The
      Administrator may lease space on a major pedestrian access level,
      courtyard, or rooftop of a public building to a person, firm, or
      organization engaged in commercial, cultural, educational, or
      recreational activity (as defined in section 3306(a) of this
      title). The Administrator shall establish a rental rate for
      leased space equivalent to the prevailing commercial rate for
      comparable space devoted to a similar purpose in the vicinity of
      the public building. The lease may be negotiated without
      competitive bids, but shall contain terms and conditions and be
      negotiated pursuant to procedures that the Administrator
      considers necessary to promote competition and to protect the
      public interest.
        (2) Occasional use of space for non-commercial purposes. - The
      Administrator may make available, on occasion, or lease at a rate
      and on terms and conditions that the Administrator considers to
      be in the public interest, an auditorium, meeting room,
      courtyard, rooftop, or lobby of a public building to a person,
      firm, or organization engaged in cultural, educational, or
      recreational activity (as defined in section 3306(a) of this
      title) that will not disrupt the operation of the building.
        (3) Deposit and credit of amounts received. - The Administrator
      may deposit into the Federal Buildings Fund an amount received
      under a lease or rental executed pursuant to paragraph (1) or
      (2). The amount shall be credited to the appropriation from the
      Fund applicable to the operation of the building.
        (4) Furnishing utilities and maintenance. - The Administrator
      may furnish utilities, maintenance, repair, and other services to
      a person, firm, or organization leasing space pursuant to
      paragraph (1) or (2). The services may be provided during and
      outside of regular working hours of federal agencies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107-296,
    title XVII, Sec. 1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L.
    109-284, Sec. 6(5), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    581            40:490(a).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(a), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            580; Pub. L. 85-886, Sec. 1,
                                            Sept. 2, 1958, 72 Stat.     
                                            1709; Pub. L. 89-276, Oct.  
                                            20, 1965, 79 Stat. 1010;    
                                            Pub. L. 90-626, Oct. 22,    
                                            1968, 82 Stat. 1319; Pub. L.
                                            94-541, title I, Sec.       
                                            104(a), Oct. 18, 1976, 90   
                                            Stat. 2506; Pub. L. 104-201,
                                            title VIII, Sec. 823, Sept. 
                                            23, 1996, 110 Stat. 2609;   
                                            Pub. L. 104-316, title I,   
                                            Sec. 120(b), Oct. 19, 1996, 
                                            110 Stat. 3836.             
    --------------------------------------------------------------------

      In this section, 40:490(a)(7) is omitted as obsolete because the
    pneumatic tube system referred to in the provision is no longer
    used or maintained and 40:490(a)(9) is omitted as obsolete because
    the relevant provisions of the Surplus Property Act of 1944 (50
    App.:1611 et seq.) have been repealed.
      In subsection (c)(3) and (4), the words "without regard to the
    provisions of section 278a of this title" and "which on June 30,
    1950, was specifically exempted by law from the requirements of
    said section" (in 40:490(a)(5)), and the words "without regard to
    the 25 per centum limitation of section 278a of this title" and
    "without reference to such limitation" (in 40:490(a)(8)),
    respectively, are omitted as obsolete because 40:278a was repealed
    by section 7 of the Public Buildings Amendments of 1988 (Public Law
    100-678, 40:278a).
      In subsection (c)(5), the words "Defense Industrial Reserve" are
    substituted for "National Industrial Reserve" because the National
    Industrial Reserve Act was renamed the Defense Industrial Reserve
    Act by section 809 of the Department of Defense Appropriation
    Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and
    transferred to 10:2535 by section 4235 of the Defense Conversion,
    Reinvestment and Transition Assistance Act of 1992, which was
    included as Division D in the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat.
    2690).
      In subsection (d)(3), the words "Federal Buildings Fund" are
    substituted for "Buildings Management Fund" because the fund
    established under 40:490(f)(1) is the Federal Buildings Fund and
    unexpended balances in the Buildings Management Fund were merged
    into the Federal Buildings Fund under 40:490(f)(3).
      In subsection (e), before clause (1), the words "section 501 of
    title 36" are substituted for "the Act of August 6, 1965, 70 Stat
    1049" in section 210(a)(15) of the Federal Property and
    Administrative Services Act of 1949 because of section 5(b) of the
    Act of August 12, 1998 (Public Law 105-225, 112 Stat. 1499), the
    first section of which enacted Title 36, United States Code. In
    clause (1), the words "chapters 33 and 51 and subchapter III of
    chapter 53 of title 5" are substituted for "the civil service and
    classification laws" because of section 7(b) of the Act of
    September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first
    section of which enacted Title 5, United States Code.
      In subsection (f)(1)(A), the words "Defense Industrial Reserve
    pursuant to section 2535 of title 10" are substituted for "National
    Industrial Reserve pursuant to the National Industrial Reserve Act
    of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial
    Reserve Act was renamed the Defense Industrial Reserve Act by
    section 809 of the Department of Defense Appropriation
    Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and
    transferred to 10:2535 by section 4235 of the Defense Conversion,
    Reinvestment and Transition Assistance Act of 1992, which was
    included as Division D in the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat.
    2690).
      In subsection (g)(1), the words "mixed-ownership Government
    corporation" are substituted for "mixed-ownership corporation" for
    consistency with chapter 91 of title 31. The words "chapter 91 of
    title 31" are substituted for "the Government Corporation Control
    Act" in section 210(a)(6) of the Federal Property and
    Administrative Services Act of 1949 because of section 4(b) of the
    Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the
    first section of which enacted Title 31, United States Code.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 substituted "The
    Administrator of General Services may - " for "The Administrator
    may - " in introductory provisions.
      2002 - Subsec. (a). Pub. L. 107-296, Sec. 1706(a)(1), struck out
    subsec. (a) which read as follows: "Applicability. - To the extent
    that the Administrator of General Services by law, other than this
    section, may maintain, operate, and protect buildings or property,
    including the construction, repair, preservation, demolition,
    furnishing, or equipping of buildings or property, the
    Administrator, in the discharge of these duties, may exercise
    authority granted under this section."
      Subsec. (b). Pub. L. 107-296, Sec. 1706(a)(2), in par. (1),
    inserted "and" at end, in par. (2), substituted a period for ";
    and" at end, and struck out par. (3) which read as follows:
    "furnish arms and ammunition for the protection force the
    Administration maintains."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-EXEC-
       FACILITATING ACCESS TO FEDERAL PROPERTY FOR SITING OF MOBILE
                             SERVICES ANTENNAS
      Memorandum of President of the United States, Aug. 10, 1995, 60
    F.R. 42023, provided:
      Memorandum for the Heads of Departments and Agencies
      Recent advancements in mobile telecommunications technology
    present an opportunity for the rapid construction of the Nation's
    wireless communications infrastructure. As a matter of policy, the
    Federal Government shall encourage the efficient and timely
    implementation of such new technologies and the concomitant
    infrastructure buildout as a means of stimulating economic growth
    and creating new jobs. The recent auctioning and impending
    licensing of radio frequencies for mobile personal communications
    services presents the Federal Government with the opportunity to
    foster new technologies and to encourage the development of
    communications infrastructure by making Federal property available
    for the siting of mobile services antennas.
      Therefore, to the extent permitted by law, I hereby direct the
    Administrator of General Services, within 90 days, in consultation
    with the Secretaries of Agriculture, Interior, Defense, and the
    heads of such other agencies as the Administrator may determine, to
    develop procedures necessary to facilitate appropriate access to
    Federal property for the siting of mobile services antennas.
      The procedures should be developed in accordance with the
    following:
      1. (a) Upon request, and to the extent permitted by law and where
    practicable, executive departments and agencies shall make
    available Federal Government buildings and lands for the siting of
    mobile service antennas. This should be done in accordance with
    Federal, State, and local laws and regulations, and consistent with
    national security concerns (including minimizing mutual
    electromagnetic interactions), public health and safety concerns,
    environmental and aesthetic concerns, preservation of historic
    buildings and monuments, protection of natural and cultural
    resources, protection of national park and wilderness values,
    protection of National Wildlife Refuge systems, and subject to any
    Federal requirements promulgated by the agency managing the
    facility and the Federal Communications Commission, the Federal
    Aviation Administration, National Telecommunications and
    Information Administration, and other relevant departments and
    agencies.
      (b) Antennas on Federal buildings or land may not contain any
    advertising.
      (c) Federal property does not include lands held by the United
    States in trust for individual or Native American tribal
    governments.
      (d) Agencies shall retain discretion to reject inappropriate
    siting requests, and assure adequate protection of public property
    and timely removal of equipment and structures at the end of
    service.
      2. All procedures and mechanisms adopted regarding access to
    Federal property shall be clear and simple so as to facilitate the
    efficient and rapid buildout of the national wireless
    communications infrastructure.
      3. Unless otherwise prohibited by or inconsistent with Federal
    law, agencies shall charge fees based on market value for siting
    antennas on Federal property, and may use competitive procedures if
    not all applicants can be accommodated.
      This memorandum does not give the siting of mobile services
    antennas priority over other authorized uses of Federal buildings
    or land.
      All independent regulatory commissions and agencies are requested
    to comply with the provisions of this memorandum.
      This memorandum is not intended to create any right, benefit or
    trust responsibility, substantive or procedural, enforceable at law
    or equity by a party against the United States, its agencies or
    instrumentalities, its officers, or any other person.
      This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.

-End-

-CITE-
    40 USC Sec. 582                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 582. Management of buildings by Administrator of General
      Services

-STATUTE-
      (a) Request by Federal Agency or Instrumentality. - At the
    request of a federal agency, a mixed-ownership Government
    corporation (as defined in chapter 91 of title 31), or the District
    of Columbia, the Administrator of General Services may operate,
    maintain, and protect a building that is owned by the Federal
    Government (or, in the case of a wholly owned or mixed-ownership
    Government corporation, by the corporation) and occupied by the
    agency or instrumentality making the request.
      (b) Transfer of Functions by Director of the Office of Management
    and Budget. - 
        (1) In general. - When the Director of the Office of Management
      and Budget determines that it is in the interest of economy or
      efficiency, the Director shall transfer to the Administrator all
      functions vested in a federal agency with respect to the
      operation, maintenance, and custody of an office building owned
      by the Government or a wholly owned Government corporation, or an
      office building, or part of an office building, that is occupied
      by a federal agency under a lease.
        (2) Exception for post-office buildings. - A transfer of
      functions shall not be made under this subsection for a post-
      office building, unless the Director determines that the
      building is not used predominantly for post-office purposes. The
      Administrator may delegate functions with respect to a post-
      office building that are transferred to the Administrator under
      this subsection only to another officer or employee of the
      General Services Administration or to the Postmaster General.
        (3) Exception for buildings in a foreign country. - A transfer
      of functions shall not be made under this subsection for a
      building located in a foreign country.
        (4) Exception for department of defense buildings. - A transfer
      of functions shall not be made under this subsection for a
      building located on the grounds of a facility of the Department
      of Defense (including a fort, camp, post, arsenal, navy yard,
      naval training station, airfield, proving ground, military supply
      depot, or school) unless and only to the extent that the
      Secretary of Defense has issued a permit for use by another
      agency.
        (5) Exception for groups of special purpose buildings. - A
      transfer of functions shall not be made under this subsection for
      a building that the Director finds to be a part of a group of
      buildings that are - 
          (A) located in the same vicinity;
          (B) used wholly or predominantly for the special purposes of
        the agency with custody of the buildings; and
          (C) not generally suitable for use by another agency.

        (6) Exception for certain government buildings. - A transfer of
      functions shall not be made under this subsection for the
      Treasury Building, the Bureau of Engraving and Printing Building,
      the buildings occupied by the National Institute of Standards and
      Technology, and the buildings under the jurisdiction of the
      regents of the Smithsonian Institution.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1110.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    582(a)         40:490(b).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(b), (d), 
                                            as added Sept. 5, 1950, ch. 
                                            849, Sec. 5(c), 64 Stat.    
                                            581, 582; Pub. L. 100-418,  
                                            title V, Sec. 5115(c), Aug. 
                                            23, 1988, 102 Stat. 1433.   
    582(b)         40:490(d).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "mixed-ownership Government
    corporation" are substituted for "mixed-ownership corporation" for
    consistency in the subsection and with chapter 91 of title 31. The
    words "chapter 91 of title 31" are substituted for "the Government
    Corporation Control Act" in section 210(b) of the Federal Property
    and Administrative Services Act of 1949, because of section 4(b) of
    the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067),
    the first section of which enacted Title 31, United States Code.
      In subsection (b), the words "Director of the Office of
    Management and Budget" are substituted for "Director of the Bureau
    of the Budget" in section 210(i) 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 (eff. July 1, 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 97-258, 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.

-End-

-CITE-
    40 USC Sec. 583                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 583. Construction of buildings

-STATUTE-
      (a) Authority. - At the request of a federal agency, a mixed-
    ownership Government corporation (as defined in chapter 91 of
    title 31), or the District of Columbia, the Administrator of
    General Services may - 
        (1) acquire land for a building or project authorized by
      Congress;
        (2) make or cause to be made (under contract or otherwise)
      surveys and test borings and prepare plans and specifications for
      a building or project prior to the Attorney General's approval of
      the title to the site; and
        (3) contract for, and supervise, the construction, development,
      and equipping of a building or project.

      (b) Transfer of Amounts. - An amount available to a federal
    agency or instrumentality for a building or project may be
    transferred, in advance, to the General Services Administration for
    purposes the Administrator determines are necessary, including
    payment of salaries and expenses for preparing plans and
    specifications and for field supervision.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1111.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    583            40:490(c).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(c), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat. 582.
    --------------------------------------------------------------------

      In subsection (a), the words "mixed-ownership Government
    corporation" are substituted for "mixed-ownership corporation" for
    consistency in the subsection and with chapter 91 of title 31. The
    words "chapter 91 of title 31" are substituted for "the Government
    Corporation Control Act" in section 210(c) of the Federal Property
    and Administrative Services Act of 1949 because of section 4(b) of
    the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067),
    the first section of which enacted Title 31, United States Code.
      In subsection (b), the words "salaries and expenses for preparing
    plans and specifications and for field supervision" are substituted
    for "salaries and expenses of personnel engaged in the preparation
    of plans and specifications or in field supervision, and for
    general office expenses to be incurred in the rendition of any such
    service" to eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 584                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 584. Assignment and reassignment of space

-STATUTE-
      (a) Authority. - 
        (1) In general. - Subject to paragraph (2), the Administrator
      of General Services may assign or reassign space for an executive
      agency in any Federal Government-owned or leased building.
        (2) Requirements. - The Administrator's authority under
      paragraph (1) may be exercised only - 
          (A) in accordance with policies and directives the President
        prescribes under section 121(a) of this title;
          (B) after consultation with the head of the executive agency
        affected; and
          (C) on a determination by the Administrator that the
        assignment or reassignment is advantageous to the Government in
        terms of economy, efficiency, or national security.

      (b) Priority for Public Access. - In assigning space on a major
    pedestrian access level (other than space leased under section
    581(h)(1) or (2) of this title), the Administrator shall, where
    practicable, give priority to federal activities requiring regular
    contact with the public. If the space is not available, the
    Administrator shall provide space with maximum ease of access to
    building entrances.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    584            40:490(e).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(e), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            582; Pub. L. 94-541, title  
                                            I, Sec. 104(b), Oct. 18,    
                                            1976, 90 Stat. 2506.        
    --------------------------------------------------------------------

-EXEC-
       EX. ORD. NO. 12411. GOVERNMENT WORK SPACE MANAGEMENT REFORMS   
      Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including Section 486 of
    Title 40 of the United States Code [now 40 U.S.C. 121], in order to
    institute fundamental changes in the manner in which Federal work
    space is managed to ensure its efficient utilization, it is hereby
    ordered as follows:
      Section 1. In order to make the Federal use of work space
    (including office space, warehouses and special purpose space,
    whether federally owned, leased or controlled) and related
    furnishings more effective in support of agency missions, minimize
    the acquisition of government resources, and reduce the
    administrative costs of the Federal government, the heads of all
    Federal Executive agencies shall:
      (a) Establish programs to reduce the amount of work space, used
    or held, to that amount which is essential for known agency
    missions;
      (b) Produce and maintain a total inventory of work space and
    related furnishings and declare excess to the Administrator of
    General Services all such holdings that are not necessary to
    satisfy existing or known and verified planned programs;
      (c) Ensure that the amount of office space used by each employee
    of the agency, or others using agency-controlled space, is held to
    the minimum necessary to accomplish the task that must be
    performed;
      (d) Manage the furniture, equipment, decoration, drapes,
    carpeting, plants and other accoutrements so that the use of all
    furnishings by the agency reflects a judicious employment of public
    moneys;
      (e) Consider, in making decisions concerning the use,
    acquisition, or disposal of work space and related furnishings, the
    effects of its actions on costs incurred by other Federal agencies;
      (f) Report all vacant work space retained for future Federal uses
    to the Administrator of General Services so that it may be made
    available for the temporary use of other Federal agencies, to the
    extent consistent with national defense requirements;
      (g) Establish a work space management plan to meet the provisions
    of this Order, including specification of the goals to be achieved
    and actions to be taken by the agency in order to improve its
    utilization of all work space and related furnishings; and
      (h) Establish information systems, implement inventory controls
    and conduct surveys, in accordance with procedures established by
    the Administrator of General Services, so that a government-wide
    reporting system may be developed.
      Sec. 2. The Administrator of General Services is delegated
    authority, to the extent not prohibited by other laws, to conduct
    surveys, establish agency-wide objectives for work space use for
    each Executive agency, and establish procedures, guidelines and
    regulations to be followed by the agencies in developing the work
    space planning, information and reporting systems required by this
    Order.
                                                          Ronald Reagan.

-End-

-CITE-
    40 USC Sec. 585                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 585. Lease agreements

-STATUTE-
      (a) In General. - 
        (1) Authority. - The Administrator of General Services may
      enter into a lease agreement with a person, copartnership,
      corporation, or other public or private entity for the
      accommodation of a federal agency in a building (or improvement)
      which is in existence or being erected by the lessor to
      accommodate the federal agency. The Administrator may assign and
      reassign the leased space to a federal agency.
        (2) Terms. - A lease agreement under this subsection shall be
      on terms the Administrator considers to be in the interest of the
      Federal Government and necessary for the accommodation of the
      federal agency. However, the lease agreement may not bind the
      Government for more than 20 years and the obligation of amounts
      for a lease under this subsection is limited to the current
      fiscal year for which payments are due without regard to section
      1341(a)(1)(B) of title 31.

      (b) Sublease. - 
        (1) Application. - This subsection applies to rent received if
      the Administrator - 
          (A) determines that an unexpired portion of a lease of space
        to the Government is surplus property; and
          (B) disposes of the property by sublease.

        (2) Use of rent. - Notwithstanding section 571(a) of this
      title, the Administrator may deposit rent received into the
      Federal Buildings Fund. The Administrator may defray from the
      fund any costs necessary to provide services to the Government's
      lessee and to pay the rent (not otherwise provided for) on the
      lease of the space to the Government.

      (c) Amounts for Rent Available for Lease of Buildings on
    Government Land. - Amounts made available to the General Services
    Administration for the payment of rent may be used to lease space,
    for a period of not more than 30 years, in buildings erected on
    land owned by the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    585(a)         40:490(h)(1).           June 30, 1949, ch. 288,      
                                            title II, Sec. 210(h)(1), as
                                            added Pub. L. 85-493, Sec.  
                                            1, July 2, 1958, 72 Stat.   
                                            294; Pub. L. 86-249, Sec.   
                                            12(e), formerly Sec. 12(d), 
                                            Sept. 9, 1959, 73 Stat. 482;
                                            redesignated Sec. 12(e),    
                                            Pub. L. 94-541, title I,    
                                            Sec. 103(3) (related to Sec.
                                            12(e)), Oct. 18, 1976, 90   
                                            Stat. 2506.                 
                   40:490e.                Pub. L. 101-136, title IV,   
                                            Sec. 22, Nov. 3, 1989, 103  
                                            Stat. 807.                  
    585(b)         40:490(h)(2).           June 30, 1949, ch. 288,      
                                            title II, Sec. 210(h)(2), as
                                            added Pub. L. 85-493, Sec.  
                                            1, July 2, 1958, 72 Stat.   
                                            294.                        
    585(c)         40:490d.                Pub. L. 101-136, title IV,   
                                            Sec. 5, Nov. 3, 1989, 103   
                                            Stat. 802.                  
    --------------------------------------------------------------------

      In subsection (b)(2), the words "Federal Buildings Fund" are
    substituted for "buildings management fund" because the fund
    established under 40:490(f)(1) is the Federal Buildings Fund and
    unexpended balances in the Buildings Management Fund were merged
    into the Federal Buildings Fund under 40:490(f)(3).

      LEASE OF BUILDING SPACE BY WHOLLY OWNED GOVERNMENT CORPORATIONS  
      Act July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584,
    provided in part that: "Wholly owned Government corporations
    requiring space in office buildings at the seat of government shall
    occupy only such space as may be allotted in accordance with the
    provisions of such Act of March 1, 1919, as amended [ch. 86, Sec.
    10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such
    rental thereon as may be determined by the Federal Works
    Administrator [Administrator of General Services], such rental to
    include all cost of maintenance, upkeep, and repair."

-End-

-CITE-
    40 USC Sec. 586                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 586. Charges for space and services

-STATUTE-
      (a) Definition. - In this section, "space and services" means
    space, services, quarters, maintenance, repair, and other
    facilities.
      (b) Charges by Administrator of General Services. - 
        (1) In general. - The Administrator of General Services shall
      impose a charge for furnishing space and services.
        (2) Rates. - The Administrator shall, from time to time,
      determine the rates to be charged for furnishing space and
      services and shall prescribe regulations providing for the rates.
      The rates shall approximate commercial charges for comparable
      space and services. However, for a building for which the
      Administrator is responsible for alterations only (as the term
      "alter" is defined in section 3301(a) of this title), the rates
      shall be fixed to recover only the approximate cost incurred in
      providing alterations.
        (3) Exemptions. - The Administrator may exempt anyone from the
      charges required by this subsection when the Administrator
      determines that charges would be infeasible or impractical. To
      the extent an exemption is granted, appropriations to the General
      Services Administration are authorized to reimburse the Federal
      Buildings Fund for any loss of revenue.

      (c) Charges by Executive Agencies. - 
        (1) In general. - An executive agency, other than the
      Administration, may impose a charge for furnishing space and
      services at rates approved by the Administrator.
        (2) Crediting amounts received. - An amount an executive agency
      receives under this subsection shall be credited to the
      appropriation or fund initially charged for providing the space
      or service. However, amounts in excess of actual operating and
      maintenance costs shall be credited to miscellaneous receipts
      unless otherwise provided by law.

      (d) Rent Payments for Lease Space. - An agency may make rent
    payments to the Administration for lease space relating to
    expansion needs of the agency. Payment rates shall approximate
    commercial charges for comparable space as provided in subsection
    (b). Payments shall be deposited into the Federal Buildings Fund.
    The Administration may use amounts received under this subsection,
    in addition to amounts received as New Obligational Authority, in
    the Rental of Space activity of the Fund.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    586(a), (b)    40:490(j).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(j), (k), 
                                            as added Pub. L. 92-313,    
                                            Sec. 4, June 16, 1972, 86   
                                            Stat. 219.                  
    586(c)         40:490(k).                                           
    586(d)         40:490f.                Pub. L. 102-393, title IV,   
                                            Sec. 5, Oct. 6, 1992, 106   
                                            Stat. 1750.                 
    --------------------------------------------------------------------

      In subsection (b)(3), the words "Federal Buildings Fund" are
    substituted for "the fund" for clarity and to execute the probable
    intent of Congress. Sections 3 and 4 of the Public Buildings
    Amendments of 1972 (Public Law 92-313, 86 Stat. 218) added
    subsection (j) of 40:490 (in which the words "the fund" appear) and
    amended subsection (f) to create a fund into which "charges made
    pursuant to subsection (j)" are deposited (40:490(f)(1)(A)). That
    fund was subsequently named "Federal Buildings Fund" by section
    153(1) of the Energy Policy Act of 1992 (Public Law 102-486, 106
    Stat. 2851). If an exemption from charges is granted under
    40:490(j), "the fund" that suffers the loss of revenue is the
    Federal Buildings Fund.
      In subsection (d), the words "on and after October 6, 1992" are
    omitted as obsolete. The words "subsection (b)" are substituted for
    "section 201(j) of the Federal Property and Administrative Services
    Act of 1949, as amended (40 U.S.C. 490(j))" in section 5(a) of the
    Independent Agencies Appropriations Act, 1993, to reflect the
    probable intent of Congress. Section 201 of the Federal Property
    and Administrative Services Act of 1949 does not contain a
    subsection (j) and the intended reference was probably "section
    210(j)", which is restated in this section. The text of 40:490f(b)
    is omitted as executed.

-End-

-CITE-
    40 USC Sec. 587                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 587. Telecommuting and other alternative workplace
      arrangements

-STATUTE-
      (a) Definition. - In this section, the term "telecommuting
    centers" means flexiplace work telecommuting centers.
      (b) Telecommuting Centers Established by Administrator of General
    Services. - 
        (1) Establishment. - The Administrator of General Services may
      acquire space for, establish, and equip telecommuting centers for
      use in accordance with this subsection.
        (2) Use. - A telecommuting center may be used by employees of
      federal agencies, state and local governments, and the private
      sector. The Administrator shall give federal employees priority
      in using a telecommuting center. The Administrator may make a
      telecommuting center available for use by others to the extent it
      is not fully utilized by federal employees.
        (3) User fees. - The Administrator shall charge a user fee for
      the use of a telecommuting center. The amount of the user fee
      shall approximate commercial charges for comparable space and
      services. However, the user fee may not be less than necessary to
      pay the cost of establishing and operating the telecommuting
      center, including the reasonable cost of renovation and
      replacement of furniture, fixtures, and equipment.
        (4) Deposit and use of fees. - The Administrator may - 
          (A) deposit user fees into the Federal Buildings Fund and use
        the fees to pay costs incurred in establishing and operating
        the telecommuting center; and
          (B) accept and retain income received by the General Services
        Administration, from federal agencies and non-federal sources,
        to defray costs directly associated with the functions of
        telecommuting centers.

      (c) Development of Alternative Workplace Arrangements by
    Executive Agencies and Others. - 
        (1) Definition. - In this subsection, the term "alternative
      workplace arrangements" includes telecommuting, hoteling, virtual
      offices, and other distributive work arrangements.
        (2) Consideration by executive agencies. - In considering
      whether to acquire space, quarters, buildings, or other
      facilities for use by employees, the head of an executive agency
      shall consider whether needs can be met using alternative
      workplace arrangements.
        (3) Guidance from administrator. - The Administrator may
      provide guidance, assistance, and oversight to any person
      regarding the establishment and operation of alternative
      workplace arrangements.

      (d) Amounts Available for Flexiplace Work Telecommuting Programs.
    - 
        (1) Definition. - In this subsection, the term "flexiplace work
      telecommuting program" means a program under which employees of a
      department or agency set out in paragraph (2) are permitted to
      perform all or a portion of their duties at a telecommuting
      center established under this section or other federal law.
        (2) Minimum funding. - For each of the following departments
      and agencies, in each fiscal year at least $50,000 of amounts
      made available for salaries and expenses is available only for
      carrying out a flexiplace work telecommuting program:
          (A) Department of Agriculture.
          (B) Department of Commerce.
          (C) Department of Defense.
          (D) Department of Education.
          (E) Department of Energy.
          (F) Department of Health and Human Services.
          (G) Department of Housing and Urban Development.
          (H) Department of the Interior.
          (I) Department of Justice.
          (J) Department of Labor.
          (K) Department of State.
          (L) Department of Transportation.
          (M) Department of the Treasury.
          (N) Department of Veterans Affairs.
          (O) Environmental Protection Agency.
          (P) General Services Administration.
          (Q) Office of Personnel Management.
          (R) Small Business Administration.
          (S) Social Security Administration.
          (T) United States Postal Service.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    587(a),        40:490(l)(1)-(3).       June 30, 1949, ch. 288,      
     (b)(1)-                                title II, Sec. 210(l), as   
     (4)(A)                                 added Pub. L. 104-208, div. 
                                            A, title I, Sec. 101(f)     
                                            [title IV, Sec. 407(a)],    
                                            Sept. 30, 1996, 110 Stat.   
                                            3009-337.                   
    587(b)(4)(     40:490h.                Pub. L. 104-52, title IV,    
     B)                                     Sec. 5, Nov. 19, 1995, 109  
                                            Stat. 486.                  
    587(c)(1)      40:490(l)(4) (words                                  
                    after 3d comma).                                    
    587(c)(2)      40:490(l)(5).                                        
    587(c)(3)      40:490(l)(4) (words                                  
                    before 3d comma).                                   
    587(d)         40:490 note.            Pub. L. 105-277, div A, Sec. 
                                            101(h) [title VI, Sec. 630],
                                            Oct. 21, 1998, 112 Stat.    
                                            2681-522.                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 588                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 588. Movement and supply of office furniture

-STATUTE-
      (a) Definition. - In this section, the term "controlled space"
    means a substantial and identifiable segment of space (such as a
    building, floor, or wing) in a location that the Administrator of
    General Services controls for purposes of assignment of space.
      (b) Application. - This section applies if an agency (or unit of
    the agency), moves from one controlled space to another, whether in
    the same or a different location.
      (c) Moving Existing Furniture. - The furniture and furnishings
    used by an agency (or organizational unit of the agency) shall be
    moved only if the Administrator determines, after consultation with
    the head of the agency and with due regard for the program
    activities of the agency, that it would not be more economical and
    efficient to make suitable replacements available in the new
    controlled space.
      (d) Providing Replacement Furniture. - In the absence of a
    determination under subsection (c), suitable furniture and
    furnishings for the new controlled space shall be provided from
    stocks under the control of the moving agency or from stocks
    available to the Administrator, whichever the Administrator
    determines to be more economical and efficient. However, the same
    or similar items may not be provided from both sources.
      (e) Control of Replacement Furniture. - If furniture and
    furnishings for a new controlled space are provided from stocks
    available to the Administrator, the items being provided remain in
    the control of the Administrator.
      (f) Control of Furniture Not Moved. - 
        (1) In general. - If furniture and furnishings for a new
      controlled space are provided from stocks available to the
      Administrator, the furniture and furnishings that were previously
      used by the moving agency (or unit of the agency) pass to the
      control of the Administrator.
        (2) Reimbursement. - 
          (A) In general. - Furniture and furnishings passing to the
        control of the Administrator under this section pass without
        reimbursement.
          (B) Exception for trust fund. - If furniture and furnishings
        that were purchased from a trust fund pass to the control of
        the Administrator under this section, the Administrator shall
        reimburse the trust fund for the fair market value of the
        furniture and furnishings.

        (3) Revolving or working capital fund. - If furniture and
      furnishings are carried as assets of a revolving or working
      capital fund at the time they pass to the control of the
      Administrator under this section, the net book value of the
      furniture and furnishings shall be written off and the capital of
      the fund is diminished by the amount of the write-off.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1115.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    588            40:490(g).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(g), as   
                                            added Sept. 1, 1954, ch.    
                                            1211, Sec. 3, 68 Stat. 1129.
    --------------------------------------------------------------------

      In subsection (f)(2), the reimbursement requirement in 40:490(g)
    (last sentence) is set out as an exception to a general "without
    reimbursement" rule in 40:490(g) (3d sentence) to harmonize an
    inconsistency in the source law.

-End-

-CITE-
    40 USC Sec. 589                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 589. Installation, repair, and replacement of sidewalks

-STATUTE-
      (a) In General. - An executive agency may install, repair, and
    replace sidewalks around buildings, installations, property, or
    grounds that are - 
        (1) under the agency's control;
        (2) owned by the Federal Government; and
        (3) located in a State, the District of Columbia, Puerto Rico,
      or a territory or possession of the United States.

      (b) Reimbursement. - Subsection (a) may be carried out by - 
        (1) reimbursement to a State or political subdivision of a
      State, the District of Columbia, Puerto Rico, or a territory or
      possession of the United States; or
        (2) a means other than reimbursement.

      (c) Regulations. - Subsection (a) shall be carried out in
    accordance with regulations the Administrator of General Services
    prescribes with the approval of the Director of the Office of
    Management and Budget.
      (d) Use of Amounts. - Amounts appropriated to an executive agency
    for installation, repair, and maintenance, generally, are available
    to carry out this section.
      (e) Liability. - This section does not increase or enlarge the
    tort liability of the Government for injuries to individuals or
    damages to property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    589            40:490(i).              June 30, 1949, ch. 288,      
                                            title II, Sec. 210(i), as   
                                            added Pub. L. 89-344, Nov.  
                                            8, 1965, 79 Stat. 1304.     
    --------------------------------------------------------------------

      In subsections (a) and (b), the words "territory or" are added
    for consistency in the revised title and with other titles of the
    United States Code.
      In subsection (c), the words "Director of the Office of
    Management and Budget" are substituted for "Director of the Bureau
    of the Budget" in section 210(i) 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 (eff. July 1, 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 97-258, 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.
      In subsection (e), the words "beyond such liability presently
    existing by virtue of any other law" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 590                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 590. Child care

-STATUTE-
      (a) Guidance, Assistance, and Oversight. - Through the General
    Services Administration's licensing agreements, the Administrator
    of General Services shall provide guidance, assistance, and
    oversight to federal agencies for the development of child care
    centers to provide economical and effective child care for federal
    workers.
      (b) Allotment of Space in Federal Buildings. - 
        (1) Definitions. - In this subsection, the following
      definitions apply:
          (A) Child care provider. - The term "child care provider"
        means an individual or entity that provides or proposes to
        provide child care services for federal employees.
          (B) Allotment officer. - The term "allotment officer" means
        an officer or agency of the Federal Government charged with the
        allotment of space in federal buildings.

        (2) Allotment. - A child care provider may be allotted space in
      a federal building by an allotment officer if - 
          (A) the child care provider applies to the allotment officer
        in the community or district in which child care services are
        to be provided;
          (B) the space is available; and
          (C) the allotment officer determines that - 
            (i) the space will be used to provide child care services
          to children of whom at least 50 percent have one parent or
          guardian employed by the Government; and
            (ii) the child care provider will give priority to federal
          employees for available child care services in the space.

      (c) Payment for Space and Services. - 
        (1) Definition. - For purposes of this subsection, the term
      "services" includes the providing of lighting, heating, cooling,
      electricity, office furniture, office machines and equipment,
      classroom furnishings and equipment, kitchen appliances,
      playground equipment, telephone service (including installation
      of lines and equipment and other expenses associated with
      telephone services), and security systems (including installation
      and other expenses associated with security systems), including
      replacement equipment, as needed.
        (2) No charge. - Space allotted under subsection (b) may be
      provided without charge for rent or services.
        (3) Reimbursement for costs. - For space allotted under
      subsection (b), if there is an agreement for the payment of costs
      associated with providing space or services, neither title 31,
      nor any other law, prohibits or restricts payment by
      reimbursement to the miscellaneous receipts or other appropriate
      account of the Treasury.

      (d) Payment of Other Costs. - If an agency has a child care
    facility in its space, or is a sponsoring agency for a child care
    facility in other federal or leased space, the agency or the
    Administration may - 
        (1) pay accreditation fees, including renewal fees, for the
      child care facility to be accredited by a nationally recognized
      early-childhood professional organization;
        (2) pay travel and per diem expenses for representatives of the
      child care facility to attend the annual Administration child
      care conference; and
        (3) enter into a consortium with one or more private entities
      under which the private entities assist in defraying costs
      associated with the salaries and benefits for personnel providing
      services at the facility.

      (e) Reimbursement for Employee Training. - Notwithstanding
    section 1345 of title 31, an agency, department, or instrumentality
    of the Government that provides or proposes to provide child care
    services for federal employees may reimburse a federal employee or
    any individual employed to provide child care services for travel,
    transportation, and subsistence expenses incurred for training
    classes, conferences, or other meetings in connection with
    providing the services. A per diem allowance made under this
    subsection may not exceed the rate specified in regulations
    prescribed under section 5707 of title 5.
      (f) Criminal History Background Checks. - 
        (1) Definition. - In this subsection, the term "executive
      facility" means a facility owned or leased by an office or entity
      within the executive branch of the Government. The term includes
      a facility owned or leased by the General Services Administration
      on behalf of an office or entity within the judicial branch of
      the Government.
        (2) In general. - All workers in a child care center located in
      an executive facility shall undergo a criminal history background
      check as defined in section 231 of the Crime Control Act of 1990
      (42 U.S.C. 13041).
        (3) Nonapplication to legislative branch facilities. - This
      subsection does not apply to a facility owned by or leased on
      behalf of an office or entity within the legislative branch of
      the Government.

      (g) Appropriated Amounts for Affordable Child Care. - 
        (1) Definition. - For purposes of this subsection, the term
      "Executive agency" has the meaning given that term in section 105
      of title 5, but does not include the Government Accountability
      Office.
        (2) In general. - In accordance with regulations the Office of
      Personnel Management prescribes, an Executive agency that
      provides or proposes to provide child care services for federal
      employees may use appropriated amounts that are otherwise
      available for salaries and expenses to provide child care in a
      federal or leased facility, or through contract, for civilian
      employees of the agency.
        (3) Affordability. - Amounts used pursuant to paragraph (2)
      shall be applied to improve the affordability of child care for
      lower income federal employees using or seeking to use the child
      care services.
        (4) Advances. - Notwithstanding section 3324 of title 31,
      amounts may be paid in advance to licensed or regulated child
      care providers for services to be rendered during an agreed
      period.
        (5) Notification. - No amounts made available by law may be
      used to implement this subsection without advance notice to the
      Committees on Appropriations of the House of Representatives and
      the Senate.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108-271,
    Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    590(a)         40:490b(c).             Pub. L. 100-202, Sec. 101(m) 
                                            [title VI, Sec. 616(a)-(d)],
                                            Dec. 22, 1987, 101 Stat.    
                                            1329-423; Pub. L. 102-393,  
                                            title V, Sec. 528, Oct. 6,  
                                            1992, 106 Stat. 1760.       
    590(b)         40:490b(a).                                          
    590(c)         40:490b(b)(1), (2),                                  
                    (4).                                                
    590(d)         40:490b(b)(3).                                       
                   40:490b(d).                                          
    590(e)         40:490b note.           Pub. L. 105-277, div. A,     
                                            Sec. 101(h) [title VI, Sec. 
                                            603], Oct. 21, 1998, 112    
                                            Stat. 2681-513.             
    590(f)         40:490b(e).             Pub. L. 100-202, Sec. 101(m) 
                                            [title VI, Sec. 616(e)], as 
                                            added Pub. L. 106-554, Sec. 
                                            1[(]a)(3) [title VI, Sec.   
                                            643], Dec. 21, 2000, 114    
                                            Stat. 2763A-169.            
    590(g)         40:490b-1.              Pub. L. 107-67, title VI,    
                                            Sec. 630, Nov. 12, 2001, 115
                                            Stat. 552.                  
    --------------------------------------------------------------------

      In subsection (a), the word "provide" is substituted for "promote
    the provision of" to eliminate unnecessary words.
      In subsection (f)(2), the word "workers" is substituted for
    "existing and newly hired workers" to eliminate unnecessary words.
      In subsection (g)(2), the word "hereafter" is omitted as
    unnecessary.
      In subsection (g)(4), the words "as appropriate" are omitted as
    unnecessary.
      In subsection (g)(5), the words "in this or any other Act" are
    omitted as unnecessary. The words "of the House of Representatives
    and the Senate" are added for consistency in the revised title.

                                AMENDMENTS                            
      2004 - Subsec. (g)(1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-

-CITE-
    40 USC Sec. 591                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 591. Purchase of electricity

-STATUTE-
      (a) General Limitation on Use of Amounts. - A department, agency,
    or instrumentality of the Federal Government may not use amounts
    appropriated or made available by any law to purchase electricity
    in a manner inconsistent with state law governing the provision of
    electric utility service, including - 
        (1) state utility commission rulings; and
        (2) electric utility franchises or service territories
      established under state statute, state regulation, or state-
      approved territorial agreements.

      (b) Exceptions. - 
        (1) Energy savings. - This section does not preclude the head
      of a federal agency from entering into a contract under section
      801 of the National Energy Conservation Policy Act (42 U.S.C.
      8287).
        (2) Energy savings for military installations. - This section
      does not preclude the Secretary of a military department from - 
          (A) entering into a contract under section 2394 (!1) of title
        10; or

          (B) purchasing electricity from any provider if the Secretary
        finds that the utility having the applicable state-approved
        franchise (or other service authorization) is unwilling or
        unable to meet unusual standards of service reliability that
        are necessary for purposes of national defense.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    591            40:490 note.            Pub. L. 100-202, Sec. 101(b) 
                                            [title VIII, Sec. 8093],    
                                            Dec. 22, 1987, 101 Stat.    
                                            1329-79.                    
    --------------------------------------------------------------------

      In subsection (b)(1), the words "section 801 of the National
    Energy Conservation Policy Act (42 U.S.C. 8287)" are substituted
    for "42 U.S.C. 8287" in section 8093 of the Department of Defense
    Appropriations Act, 1988 as the probable intent of Congress.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2394 of title 10, referred to in subsec. (b)(2)(A), was
    renumbered section 2922a of such title by Pub. L. 109-364, div. B,
    title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    40 USC Sec. 592                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 592. Federal Buildings Fund

-STATUTE-
      (a) Existence. - There is in the Treasury a fund known as the
    Federal Buildings Fund.
      (b) Deposits. - 
        (1) In general. - The following revenues and collections shall
      be deposited into the Fund:
          (A) User charges under section 586(b) of this title, payable
        in advance or otherwise.
          (B) Proceeds from the lease of federal building sites or
        additions under section 581(d) of this title.
          (C) Receipts from carriers and others for loss of, or damage
        to, property belonging to the Fund.

        (2) Reimbursements for special services. - This subchapter does
      not preclude the Administrator of General Services from providing
      special services, not included in the standard level user charge,
      on a reimbursable basis. The reimbursements may be credited to
      the Fund.
        (3) Transfer of surplus amounts. - To prevent the accumulation
      of excessive surpluses in the Fund, in any fiscal year an amount
      specified in an appropriation law may be transferred out of the
      Fund and deposited as miscellaneous receipts in the Treasury.

      (c) Uses. - 
        (1) In general. - Deposits in the Fund are available for real
      property management and related activities in the amounts
      specified in annual appropriation laws without regard to fiscal
      year limitations.
        (2) Salaries and expenses related to construction projects or
      planning programs. - Deposits in the Fund that are available
      pursuant to annual appropriation laws may be transferred and
      consolidated on the books of the Treasury into a special account
      in accordance with, and for the purposes specified in, section
      3176 of this title.
        (3) Repayment of general services administration borrowing from
      federal financing bank. - The Administrator, in accordance with
      rules and procedures that the Office of Management and Budget and
      the Secretary of the Treasury establish, may transfer from the
      Fund an amount necessary to repay the principal amount of a
      General Services Administration borrowing from the Federal
      Financing Bank, if the borrowing is a legal obligation of the
      Fund.
        (4) Buildings deemed federally owned. - For purposes of amounts
      authorized to be expended from the Fund, the following are deemed
      to be federally owned buildings:
          (A) A building constructed pursuant to the purchase contract
        authority of section 5 of the Public Buildings Amendments of
        1972 (Public Law 92-313, 86 Stat. 219).
          (B) A building occupied pursuant to an installment purchase
        contract.
          (C) A building under the control of a department or agency,
        if alterations of the building are required in connection with
        moving the department or agency from a former building that is,
        or will be, under the control of the Administration.

      (d) Energy Management Programs. - 
        (1) Receiving cash incentives. - The Administrator may receive
      amounts from rebates or other cash incentives related to energy
      savings and shall deposit the amounts in the Fund for use as
      provided in paragraph (4).
        (2) Receiving goods or services. - The Administrator may
      accept, from a utility, goods or services that enhance the energy
      efficiency of federal facilities.
        (3) Assignment of energy rebates. - In the administration of
      real property that the Administrator leases and for which the
      Administrator pays utility costs, the Administrator may assign
      all or a portion of energy rebates to the lessor to underwrite
      the costs incurred in undertaking energy efficiency improvements
      in the real property if the payback period for the improvement is
      at least 2 years less than the remainder of the term of the
      lease.
        (4) Obligating amounts for energy management improvement
      programs. - In addition to amounts appropriated for energy
      management improvement programs and without regard to subsection
      (c)(1), the Administrator may obligate for those programs - 
          (A) amounts received and deposited in the Fund under
        paragraph (1);
          (B) goods and services received under paragraph (2); and
          (C) amounts the Administrator determines are not needed for
        other authorized projects and that are otherwise available to
        implement energy efficiency programs.

      (e) Recycling Programs. - 
        (1) Receiving amounts. - The Administrator may receive amounts
      from the sale of recycled materials and shall deposit the amounts
      in the Fund for use as provided in paragraph (2).
        (2) Obligating amounts for recycling programs. - In addition to
      amounts appropriated for such purposes and without regard to
      subsection (c)(1), the Administrator may obligate amounts
      received and deposited in the Fund under paragraph (1) for
      programs which - 
          (A) promote further source reduction and recycling programs;
        and
          (B) encourage employees to participate in recycling programs
        by providing financing for child care.

      (f) Additional Authority Related to Energy Management and
    Recycling Programs. - The Fund may receive, in the form of rebates,
    cash incentives or otherwise, any revenues, collections, or other
    income related to energy savings or recycling efforts. Amounts
    received under this subsection remain in the Fund until expended
    and remain available for federal energy management improvement
    programs, recycling programs, or employee programs that are
    authorized by law or that the Administrator considers appropriate.
    The Administration may use amounts received under this subsection,
    in addition to amounts received as New Obligational Authority, in
    activities of the Fund as necessary.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    592(a)         40:490(f)(1)            June 30, 1949, ch. 288,      
                    (related to             title II, Sec. 210(f), as   
                    establishment),         added July 12, 1952, ch.    
                    (3), (4).               703, Sec. 1(l), 66 Stat.    
                                            594; Pub. L. 85-886, Sec. 3,
                                            Sept. 2, 1958, 72 Stat.     
                                            1709; Pub. L. 92-313, Sec.  
                                            3, June 16, 1972, 86 Stat.  
                                            218; Pub. L. 102-486, title 
                                            I, Sec. 153, Oct. 24, 1992, 
                                            106 Stat. 2851.             
    592(b)(1)      40:490(f)(1)                                         
                    (related to                                         
                    deposits).                                          
    592(b)(2)      40:490(f)(6).                                        
    592(b)(3)      40:490(f)(5).                                        
    592(c)(1)      40:490(f)(2).                                        
    592(c)(2)      40:490a.                Pub. L. 94-91, title IV,     
                                            Sec. 401, Aug. 9, 1975, 89  
                                            Stat. 452.                  
    592(c)(3)      40:490a-1.              Pub. L. 101-136, title IV,   
                                            Sec. 7, Nov. 3, 1989, 103   
                                            Stat. 803.                  
    592(c)(4)      40:490i.                Pub. L. 105-277, div. A,     
                                            Sec. 101(h) [title IV, 6th  
                                            proviso on p. 2681-502],    
                                            Oct. 21, 1998, 112 Stat.    
                                            2681-502.                   
    592(d)         40:490(f)(7).                                        
    592(e)         40:490(f)(8).                                        
    592(f)         40:490g.                Pub. L. 102-393, title IV,   
                                            Sec. 13, Oct. 6, 1992, 106  
                                            Stat. 1751.                 
    --------------------------------------------------------------------

      In subsection (a), the words "on such date as may be determined
    by the Administrator" are omitted as obsolete. The text of
    40:490(f)(3) and (4) is omitted as executed.
      In subsection (b)(1)(B), the words "federal building sites or
    additions" are substituted for "building sites" for consistency
    with section 581(d) of the revised title.
      In subsection (b)(3), the words "To prevent the accumulation of
    excessive surpluses in the Fund" and "transferred out of the Fund"
    are added for clarity. See House Report No. 92-989, dated April 14,
    1972 (United States Code Congressional and Administrative News, 92d
    Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377).
      In subsection (c)(4), the words "amounts authorized to be
    expended from the Fund" are substituted for "this authorization,
    and hereafter" to restate the provision as general and permanent
    law without reference to a single year's appropriation Act.
      In subsection (f), the words "during a fiscal year" are omitted
    as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Public Buildings Amendments of 1972, referred to
    in subsec. (c)(4)(A), is section 5 of Pub. L. 92-313, June 16,
    1972, 86 Stat. 219, as amended, which enacted section 602a of
    former Title 40, Public Buildings, Property, and Works, and was
    omitted from the Code in the revision and reenactment of Title 40
    by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-End-

-CITE-
    40 USC Sec. 593                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-
    Sec. 593. Protection for veterans preference employees

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Covered services. - The term "covered services" means any
      guard, elevator operator, messenger, or custodial services.
        (2) Sheltered workshop. - The term "sheltered workshop" means a
      sheltered workshop employing the severely handicapped under the
      Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

      (b) In General. - Except as provided in subsection (c), amounts
    made available to the General Services Administration pursuant to
    section 592 of this title may not be obligated or expended to
    procure covered services by contract if an employee who was a
    permanent veterans preference employee of the Administration on
    November 19, 1995, would be terminated as a result.
      (c) Exception. - Amounts made available to the Administration
    pursuant to section 592 of this title may be obligated and expended
    to procure covered services by contract with a sheltered workshop
    or, if sheltered workshops decline to contract for the provision of
    covered services, by competitive contract for a period of no longer
    than 5 years. When a competitive contract expires, or is terminated
    for any reason, the Administration shall again offer to procure the
    covered services by contract with a sheltered workshop before
    procuring the covered services by competitive contract.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109-284,
    Sec. 6(6), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    593            40:490c.                Pub. L. 104-52, title V,     
                                            Sec. 503, Nov. 19, 1995, 109
                                            Stat. 491.                  
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Javits-Wagner-O'Day Act, referred to in subsec. (a)(2), is
    act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is
    classified to sections 46 to 48c of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 substituted "available to the
    General Services Administration" for "available to the
    Administration".

-End-

-CITE-
    40 USC SUBCHAPTER VI - MOTOR VEHICLE POOLS AND
           TRANSPORTATION SYSTEMS                          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
      SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS  

-End-

-CITE-
    40 USC Sec. 601                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 601. Purposes

-STATUTE-
      In order to provide an economical and efficient system for
    transportation of Federal Government personnel and property
    consistent with section 101 of this title, the purposes of this
    subchapter are - 
        (1) to establish procedures to ensure safe operation of motor
      vehicles on Government business;
        (2) to provide for proper identification of Government motor
      vehicles;
        (3) to establish an effective means to limit the use of
      Government motor vehicles to official purposes;
        (4) to reduce the number of Government-owned vehicles to the
      minimum necessary to transact public business; and
        (5) to provide wherever practicable for centrally operated
      interagency pools or systems for local transportation of
      Government personnel and property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    601            40:491(a).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(a), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1126.
    --------------------------------------------------------------------

-EXEC-
      EX. ORD. NO. 10579. INTERAGENCY MOTOR-VEHICLE POOLS AND SYSTEMS  
      Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided:
      Section 1. Purpose and general policy. (a) The purpose of these
    regulations is to establish policies and procedures under which
    interagency motor-vehicle pools or systems may be established,
    operated, curtailed, or discontinued.
      (b) The Administrator of General Services (hereinafter referred
    to as the Administrator) shall establish and provide for the
    operation of interagency motor-vehicle pools and systems for the
    purpose of providing more efficient or economical transportation of
    Government personnel and property within specific areas by motor
    vehicles or local transit systems. Pools or systems based in whole
    or in part upon use of privately-owned vehicles and facilities
    shall be preferred to Government ownership of vehicles and
    facilities to the extent that it is feasible to provide required
    motor-vehicle services of satisfactory quality and cost from
    commercial or other private sources.
      Sec. 2. Conduct of studies to determine advisability of
    establishing motor-vehicle pools or systems. (a) The Administrator
    shall select areas in which studies are to be conducted to
    determine the advisability of establishing motor-vehicle pools or
    systems. Before initiating any such study, he shall give at least
    thirty days notice to the head of each executive agency (as defined
    in section 3(a) of the Act [now 40 U.S.C. 102(4)]). The notice
    shall include a statement of the approximate geographic area to be
    studied and the date on which the study will begin.
      (b) The head of each executive agency receiving notice that such
    a study is to be made shall provide information which is required
    or pertinent. He shall also designate one or more officials in the
    field with whom members of a staff assigned by the General Services
    Administration may consult. Such designated officials shall provide
    such assigned staff with needed information and assistance,
    including reasonable opportunities to observe motor-vehicle
    operations and facilities and to examine pertinent cost and other
    records.
      Sec. 3. Determination to establish an interagency motor-vehicle
    pool or system. (a) If the Administrator determines, with due
    regard to the program activities of the agencies concerned, and on
    the basis of a study made in accordance with section 2 hereof, that
    an interagency motor-vehicle pool or system should be established,
    he shall be responsible for preparing a formal determination to
    that effect. Such determination shall include:
      (1) A description of the proposed operation, including a
    statement of the types of service and of the geographic area, and
    the agencies or parts of agencies to be served.
      (2) The name of the executive agency designated to be responsible
    for operating the pool or system, and the reasons for such
    designation.
      (3) A statement indicating the motor vehicles and related
    equipment and supplies to be transferred and the amount of
    reimbursement, if any, to be made therefor.
      (b) Each determination shall be accompanied by an analytical
    justification which shall include a comparison of estimated costs
    of the present and proposed methods of operation and a showing of
    the estimated savings to be realized through the establishment of
    the proposed pool or system. The justification shall also describe
    the alternatives considered in making the determination, and shall
    include a statement concerning the availability of privately-owned
    facilities and equipment, and the feasibility and estimated cost
    (immediate and long-term) of using such facilities and equipment.
      (c) The Administrator shall send a copy of each determination to
    each executive agency affected and to the Director of the Bureau of
    the Budget [now the Director of the Office of Management and
    Budget] (hereinafter referred to as the Director).
      Sec. 4. Transfers of records, facilities, personnel, and
    appropriations. Whenever the Administrator prepares a determination
    as set forth in section 3 of these regulations, he shall also
    prepare and present to the Director a schedule of the proposed
    transfer of such records, facilities, personnel, and appropriations
    as relate primarily to the functions which are to be transferred to
    the interagency motor-vehicle pool or system. A copy of such
    schedule shall be sent by the Administrator to each executive
    agency affected. The Director shall determine the records,
    facilities, personnel, and appropriations to be transferred.
      Sec. 5. Taking effect of determinations. Unless a greater time is
    allowed therein, any determination made by the Administrator shall
    become binding on all affected executive agencies forty-five days
    after the issuance thereof except with respect to any agency which
    appeals, or requests an exemption, from any such determination in
    accordance with section 6 of these regulations.
      Sec. 6. Review of determinations not agreed to by agencies
    affected. (a) Any executive agency may appeal or request exemption
    from any or all proposals affecting it which are contained in a
    determination. Appeals shall be submitted in writing to the
    Director with a copy to the Administrator within forty-five days
    from the date of the determination. Such appeals shall be
    accompanied by factual and objective supporting data and
    justification.
      (b) The Director shall review any determination from which an
    executive agency has appealed and shall make a final decision on
    such appeal. The Director shall make such decisions, within seventy-
    five days after he receives the appeal or as soon thereafter as
    practicable, on the basis of information contained in the
    Administrator's determination, the executive agencies' appeals
    therefrom, and any supplementary data submitted by the
    Administrator and the contesting agencies. The Director shall send
    copies of decisions to the Administrator and to the heads of other
    executive agencies concerned.
      (c) The Director's decision upon each such appeal, if it holds
    that the determination shall apply in whole or in part to the
    appealing agency, shall state the extent to which the determination
    applies and the effective date of its application. To the extent
    that the Director's decision on an appeal does not uphold the
    Administrator's determination, such determination shall be of no
    force and effect.
      Sec. 7. Compliance with determinations and decisions on appeals.
    (a) When a determination or a decision on an appeal made in
    accordance with these regulations has become effective, each
    executive agency affected shall comply therewith.
      (b) The Director shall take such actions as he deems appropriate
    to assist in securing compliance with determinations which have
    become effective. In the exercise of this authority to establish
    reserves in apportioning appropriations and funds, the Director
    shall take account of such savings as accrue from the establishment
    of inter-agency motor-vehicle pools and systems.
      (c) The executive agency which operates any pool or system
    established hereunder shall maintain accurate records of the cost
    of establishment, maintenance, and operation of any interagency
    motor-vehicle pool or system established pursuant to these
    regulations.
      (d) The Administrator shall be responsible for maintaining
    adequate reviews and controls of the economy and efficiency of all
    pools or systems established in accordance with these regulations,
    including those not directly operated by the General Services
    Administration.
      Sec. 8. Discontinuance or curtailment of service. (a) If, during
    any reasonable period, not exceeding two successive fiscal years,
    no actual savings are realized from the operation of any pool or
    system established hereunder, the Administrator shall discontinue
    the pool or system concerned.
      (b) The Administrator may discontinue or curtail a motor-vehicle
    pool or system when he determines that it is not the most
    economical method of rendering required motor-vehicle service; but
    he shall give at least sixty days notice of such intention to
    executive agencies affected and to the Director before taking such
    action.
      (c) Executive agencies affected by a pool or system for which the
    Administrator is responsible (including inter-agency pools or
    systems operated by another executive agency designated by the
    Administrator) may bring problems of service and cost to the
    attention of the Administrator, who shall assure that such problems
    receive proper attention.
      (d) Executive agencies receiving motor-vehicle services from an
    interagency motor-vehicle pool or system under these regulations
    may request discontinuance or curtailment of their participation in
    such pool or system after at least one year of participation or in
    the event that the need for the services from the pool or system
    ceases. Such requests shall be submitted to the Administrator with
    pertinent factual justification.
      (e) If the Administrator does not agree with such request and is
    unable to make arrangements which are mutually acceptable to him
    and to the head of the executive agency concerned, the agency's
    request for discontinuance or modification and the Administrator's
    reasons for not agreeing with the request shall be forwarded to the
    Director who shall be responsible for making a final and binding
    decision.
      (f) When a pool or system is discontinued or curtailed, such
    transfers of vehicles and related equipment and supplies,
    personnel, records, facilities, and funds as may be appropriate
    will be made, subject to the approval of the Director.
      Sec. 9. Motor vehicles exempted from inclusion in interagency
    motor-vehicle pools. The following-described classes of motor
    vehicles shall be exempt from inclusion in interagency motor-
    vehicle pools or systems:
      (1) Motor vehicles 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.
      (2) Any motor vehicle regularly used by an agency in the
    performance of investigative, law enforcement, or intelligence
    duties if the head of such agency determines that exclusive control
    of such vehicle is essential to the effective performance of such
    duties: Provided, that vehicles regularly used for common
    administrative purposes not directly connected with the performance
    of law enforcement, investigative, or intelligence duties shall not
    because of such use be exempted from such inclusion.
      (3) Any motor vehicle the conspicuous identification of which as
    a Government vehicle would interfere with the purpose for which it
    is acquired and used.
      (4) Unless inclusion is mutually agreed upon by the Administrator
    and the head of the agency concerned:
      (i) Motor vehicles for the use of the heads of the executive
    agencies, ambassadors, ministers, charge d'affaires, and other
    principal diplomatic and consular officials.
      (ii) Motor vehicles regularly and principally used for the
    transportation of diplomats and representatives of foreign
    countries or by officers of the Department of State for the conduct
    of official business with representatives of foreign countries.
      (iii) Motor vehicles regularly used for the distribution and
    transportation of mails.
      (5) Motor vehicles which, because of their design or the special
    purposes for which they are used, or for other reasons, cannot
    advantageously be incorporated in an interagency motor-vehicle pool
    or system if the exemption thereof has been mutually agreed upon by
    the Administrator and the head of the executive agency concerned.
      (6) Motor vehicles exempted by an agency which has authority to
    make such an exemption under the provisions of the Act [probably
    means the Federal Property and Administrative Services Act of 1949,
    now chapters 1 to 11 of this title and title III of the Act of June
    30, 1949 (41 U.S.C. 251 et seq.)].
      Sec. 10. Optional use arrangements. Nothing in these regulations
    shall be construed as precluding the establishment or operation of
    interagency motor-vehicle pools or systems on the basis of optional
    use by executive or other Federal agencies.
      Sec. 11. Supplementary regulations. The Administrator shall,
    after consultation with the executive agencies concerned and with
    due regard to their program activities, issue such supplementary
    regulations of general applicability to the executive agencies
    concerned as are necessary for the effective and economical
    operation of pools or systems under the Act [probably means the
    Federal Property and Administrative Services Act of 1949].
                                                   Dwight D. Eisenhower.

-End-

-CITE-
    40 USC Sec. 602                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 602. Authority to establish motor vehicle pools and
      transportation systems

-STATUTE-
      (a) In General. - Subject to section 603 of this title, and
    regulations issued under section 603, the Administrator of General
    Services shall - 
        (1) take over from executive agencies and consolidate, or
      otherwise acquire, motor vehicles and related equipment and
      supplies;
        (2) provide for the establishment, maintenance, and operation
      (including servicing and storage) of motor vehicle pools or
      systems; and
        (3) furnish motor vehicles and related services to executive
      agencies for the transportation of property and passengers.

      (b) Methods of Providing Vehicles and Services. - As determined
    by the Administrator, motor vehicles and related services may be
    furnished by providing an agency with - 
        (1) Federal Government-owned motor vehicles;
        (2) the use of motor vehicles, under rental or other
      arrangements, through private fleet operators, taxicab companies,
      or local or interstate common carriers; or
        (3) both.

      (c) Recipients of Vehicles and Services. - The Administrator
    shall, so far as practicable, furnish motor vehicles and related
    services under this section to any federal agency, mixed-ownership
    Government corporation (as defined in chapter 91 of title 31), or
    the District of Columbia, on its request.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    602            40:491(b) (related      June 30, 1949, ch. 288,      
                    to establishment).      title II, Sec. 211(b)       
                                            (related to establishment), 
                                            as added Sept. 5, 1950, ch. 
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1126.
    --------------------------------------------------------------------

      Subsection (a)(1) is substituted for "in respect of executive
    agencies, . . . consolidate, take over, acquire, or arrange for the
    operation by any executive agency of, motor vehicles and other
    related equipment and supplies for the purpose of establishing
    motor vehicle pools and systems to serve the needs of executive
    agencies" for clarity and to eliminate unnecessary words.
      In subsection (c), the words "mixed-ownership Government
    corporation" are substituted for "mixed ownership corporation" for
    consistency with chapter 91 of title 31. The words "chapter 91 of
    title 31" are substituted for "the Government Corporation Control
    Act" in section 211(b) of the Federal Property and Administrative
    Services Act of 1949 because of section 4(b) of the Act of
    September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first
    section of which enacted Title 31, United States Code.

-End-

-CITE-
    40 USC Sec. 603                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 603. Process for establishing motor vehicle pools and
      transportation systems

-STATUTE-
      (a) Determination Requirement. - 
        (1) In general. - The Administrator of General Services may
      carry out section 602 only if the Administrator determines, after
      consultation with the agencies concerned and with due regard to
      their program activities, that doing so is advantageous to the
      Federal Government in terms of economy, efficiency, or service.
        (2) Elements of the determination. - A determination under this
      section must be in writing. For each motor vehicle pool or
      system, the determination must set forth an analytical
      justification that includes - 
          (A) a detailed comparison of estimated costs for present and
        proposed modes of operation; and
          (B) a showing that savings can be realized by the
        establishment, maintenance, and operation of a motor vehicle
        pool or system.

      (b) Regulations Related to Establishment. - 
        (1) In general. - The President shall prescribe regulations
      establishing procedures to carry out section 602 of this title.
        (2) Elements of the regulations. - The regulations shall
      provide for - 
          (A) adequate notice to an executive agency of any
        determination that affects the agency or its functions;
          (B) independent review and decision as directed by the
        President of any determination disputed by an agency, with the
        possibility that the decision may include a partial or complete
        exemption of the agency from the determination; and
          (C) enforcement of determinations that become effective under
        the regulations.

        (3) Effect of the regulations. - A determination under
      subsection (a) is binding on an agency only as provided in
      regulations issued under this subsection.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    603(a)(1)      40:491(b) (related      June 30, 1949, ch. 288,      
                    to determination).      title II, Sec. 211(b)       
                                            (related to determination), 
                                            (c), (e), as added Sept. 5, 
                                            1950, ch. 849, Sec. 5(c), 64
                                            Stat. 583; Sept. 1, 1954,   
                                            ch. 1211, Sec. 2, 68 Stat.  
                                            1126.                       
    603(a)(2)      40:491(e).                                           
    603(b)         40:491(c).                                           
    --------------------------------------------------------------------

      In subsection (b)(1), the words "within ninety days after the
    effective date of this section" are omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 604                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 604. Treatment of assets taken over to establish motor vehicle
      pools and transportation systems

-STATUTE-
      (a) Reimbursement. - 
        (1) Requirement. - When the Administrator of General Services
      takes over motor vehicles or related equipment or supplies under
      section 602 of this title, reimbursement is required if the
      property is taken over from - 
          (A) a Government corporation; or
          (B) an agency, if the agency acquired the property through
        unreimbursed expenditures made from a revolving or trust fund
        authorized by law.

        (2) Amount. - The Administrator shall reimburse a Government
      corporation, or a fund through which an agency acquired property,
      by an amount equal to the fair market value of the property. If
      the Administrator subsequently returns property of a similar kind
      under section 610 of this title, the Government corporation or
      the fund shall reimburse the Administrator by an amount equal to
      the fair market value of the property returned.

      (b) Addition to Acquisition Services Fund. - If the Administrator
    takes over motor vehicles or related equipment or supplies under
    section 602 of this title but reimbursement is not required under
    subsection (a), the value of the property taken over, as determined
    by the Administrator, may be added to the capital of the
    Acquisition Services Fund. If the Administrator subsequently
    returns property of a similar kind under section 610 of this title,
    the value of the property may be deducted from the Fund.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109-313,
    Sec. 3(h)(5), Oct. 6, 2006, 120 Stat. 1736.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    604(a)         40:491(g).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(g), (h), 
                                            as added Sept. 5, 1950, ch. 
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1128.
    604(b)         40:491(h).                                           
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-313 substituted "Acquisition
    Services Fund" for "General Supply Fund" in heading and text.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 605                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 605. Payment of costs

-STATUTE-
      (a) Use of Acquisition Services Fund To Cover Costs. - The
    Acquisition Services Fund provided for in section 321 of this title
    is available for use by or under the direction and control of the
    Administrator of General Services to pay the costs of carrying out
    section 602 of this title, including the cost of purchasing or
    renting motor vehicles and related equipment and supplies.
      (b) Setting Prices To Recover Costs. - 
        (1) In general. - The Administrator shall set prices for
      furnishing motor vehicles and related services under section 602
      of this title. Prices shall be set to recover, so far as
      practicable, all costs of carrying out section 602 of this title.
        (2) Increment for replacement cost. - In the Administrator's
      discretion, prices may include an increment for the estimated
      replacement cost of motor vehicles and related equipment and
      supplies. Notwithstanding section 321(f) of this title, the
      increment may be retained as a part of the capital of the
      Acquisition Services Fund but is available only to replace motor
      vehicles and related equipment and supplies.

      (c) Accounting Method. - The purchase price of motor vehicles and
    related equipment, and any increment for estimated replacement
    cost, shall be recovered only through charges for the cost of
    amortization. Costs shall be determined, and financial reports
    prepared, in accordance with the accrual accounting method.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109-313,
    Sec. 3(h)(6), Oct. 6, 2006, 120 Stat. 1736.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    605            40:491(d).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(d), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1127;
                                            Pub. L. 95-506, Oct. 24,    
                                            1978, 92 Stat. 1756.        
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-313, Sec. 3(h)(6)(A), substituted
    "Acquisition Services Fund" for "General Supply Fund" in heading
    and text.
      Subsec. (b)(2). Pub. L. 109-313, Sec. 3(h)(6)(B), substituted
    "321(f)" for "321(f)(1)" and "Acquisition Services Fund" for
    "General Supply Fund".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-313 effective 60 days after Oct. 6,
    2006, see section 6 of Pub. L. 109-313, set out as a note under
    section 5316 of Title 5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 606                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 606. Regulations related to operation

-STATUTE-
      (a) In General. - The Director of the Office of Personnel
    Management shall prescribe regulations to govern executive agencies
    in authorizing civilian personnel to operate Federal Government-
    owned motor vehicles for official purposes within the States of
    the United States, the District of Columbia, Puerto Rico, and the
    territories and possessions of the United States.
      (b) Elements of the Regulations. - The regulations shall
    prescribe standards of physical fitness for authorized operators.
    The regulations may require operators and prospective operators to
    obtain state and local licenses or permits that are required to
    operate similar vehicles for other than official purposes.
      (c) Agency Orders. - The head of each executive agency shall
    issue orders and directives necessary for compliance with the
    regulations. The orders and directives shall provide for - 
        (1) periodically testing the physical fitness of operators and
      prospective operators; and
        (2) suspension and revocation of authority to operate.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    606            40:491(j).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(j), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1128;
                                            Pub. L. 86-624, Sec. 27(b), 
                                            July 12, 1960, 74 Stat. 418.
    --------------------------------------------------------------------

      In subsection (a), the words "Director of the Office of Personnel
    Management" are substituted for "United States Civil Service
    Commission" in section 211(j) of the Federal Property and
    Administrative Services Act of 1949 because of section 102 of
    Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat.
    3783). The words "territories and" are added for consistency in the
    revised title and with other titles of the United States Code.

-End-

-CITE-
    40 USC Sec. 607                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 607. Records

-STATUTE-
      The Administrator of General Services shall maintain an accurate
    record of the cost of establishing, maintaining, and operating each
    motor vehicle pool or system established under section 602 of this
    title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    607            40:491(f) (1st          June 30, 1949, ch. 288,      
                    sentence).              title II, Sec. 211(f) (1st  
                                            sentence), as added Sept. 5,
                                            1950, ch. 849, Sec. 5(c), 64
                                            Stat. 583; Sept. 1, 1954,   
                                            ch. 1211, Sec. 2, 68 Stat.  
                                            1127.                       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 608                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 608. Scrip, tokens, tickets

-STATUTE-
      The Administrator of General Services, in the operation of motor
    vehicle pools or systems under this subchapter, may provide for the
    sale and use of scrip, tokens, tickets, and similar devices to
    collect payment.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    608            40:491(i).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(i), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1128.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 609                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 609. Identification of vehicles

-STATUTE-
      (a) In General. - Under regulations prescribed by the
    Administrator of General Services, every motor vehicle acquired and
    used for official purposes within the United States, or the
    territories or possessions of the United States, by any federal
    agency or by the District of Columbia shall be conspicuously
    identified by showing, on the vehicle - 
        (1)(A) the full name of the department, establishment,
      corporation, or agency that uses the vehicle and the service for
      which the vehicle is used; or
        (B) a title that readily identifies the department,
      establishment, corporation, or agency that uses the vehicle and
      that is descriptive of the service for which the vehicle is used;
      and
        (2) the legend "For official use only".

      (b) Exceptions. - The regulations prescribed pursuant to this
    section may provide for exemptions when conspicuous identification
    would interfere with the purpose for which a vehicle is acquired
    and used.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    609            40:491(k).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(k), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1128.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 610                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 610. Discontinuance of motor vehicle pool or system

-STATUTE-
      (a) In General. - The Administrator of General Services shall
    discontinue a motor vehicle pool or system if there are no actual
    savings realized (based on accounting as provided in section 605 of
    this title) during a reasonable period of not longer than two
    successive fiscal years.
      (b) Return of Comparable Property. - If a motor vehicle pool or
    system is discontinued, the Administrator shall return to each
    agency involved motor vehicles and related equipment and supplies
    similar in kind and reasonably comparable in value to any motor
    vehicles and related equipment and supplies which were previously
    taken over by the Administrator.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    610            40:491(f) (last         June 30, 1949, ch. 288,      
                    sentence).              title II, Sec. 211(f) (last 
                                            sentence), as added Sept. 5,
                                            1950, ch. 849, Sec. 5(c), 64
                                            Stat. 583; Sept. 1, 1954,   
                                            ch. 1211, Sec. 2, 68 Stat.  
                                            1127.                       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 611                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 5 - PROPERTY MANAGEMENT
    SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 611. Duty to report violations

-STATUTE-
      During the regular course of the duties of the Administrator of
    General Services, if the Administrator becomes aware of a violation
    of section 1343, 1344, or 1349(b) of title 31 or of section 641 of
    title 18 involving the conversion by a Federal Government official
    or employee of a Government-owned or leased motor vehicle to the
    official or employee's own use or to the use of others, the
    Administrator shall report the violation to the head of the agency
    in which the official or employee is employed, for further
    investigation and either appropriate disciplinary action under
    section 1343, 1344, or 1349(b) of title 31 or, if appropriate,
    referral to the Attorney General for prosecution under section 641
    of title 18.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124; Pub. L. 109-284,
    Sec. 6(7), Sept. 27, 2006, 120 Stat. 1212.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    611            40:491(l).              June 30, 1949, ch. 288,      
                                            title II, Sec. 211(l), as   
                                            added Sept. 5, 1950, ch.    
                                            849, Sec. 5(c), 64 Stat.    
                                            583; Sept. 1, 1954, ch.     
                                            1211, Sec. 2, 68 Stat. 1128.
    --------------------------------------------------------------------

      The words "section 1343, 1344, or 1349(b) of title 31" are
    substituted for "section 5 of the Act of July 16, 1914, as amended
    (5 U.S.C. 78)" and "such section 5" in section 211(l) of the
    Federal Property and Administrative Services Act of 1949 because of
    section 4(b) of the Act of September 13, 1982 (Public Law 97-258,
    96 Stat. 1067), the first section of which enacted Title 31, United
    States Code.

                                AMENDMENTS                            
      2006 - Pub. L. 109-284 inserted "of title 31" after "under
    section 1343, 1344, or 1349(b)" and "of title 18" after "under
    section 641".

-End-

-CITE-
    40 USC CHAPTER 7 - FOREIGN EXCESS PROPERTY                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
                    CHAPTER 7 - FOREIGN EXCESS PROPERTY                

-MISC1-
    Sec.                                                     
    701.        Administrative.                                       
    702.        Return of foreign excess property to United States.   
    703.        Donation of medical supplies for use in foreign
                 country.                                             
    704.        Other methods of disposal.                            
    705.        Handling of proceeds from disposal.                   

-End-

-CITE-
    40 USC Sec. 701                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
    Sec. 701. Administrative

-STATUTE-
      (a) Policies Prescribed by the President. - The President may
    prescribe policies that the President considers necessary to carry
    out this chapter. The policies must be consistent with this
    chapter.
      (b) Executive Agency Responsibility. - 
        (1) In general. - The head of an executive agency that has
      foreign excess property is responsible for the disposal of the
      property.
        (2) Conformance to policies. - In carrying out functions under
      this chapter, the head of an executive agency shall - 
          (A) use the policies prescribed by the President under
        subsection (a) for guidance; and
          (B) dispose of foreign excess property in a manner that
        conforms to the foreign policy of the United States.

        (3) Delegation of authority. - The head of an executive agency
      may - 
          (A) delegate authority conferred by this chapter to an
        official in the agency or to the head of another executive
        agency; and
          (B) authorize successive redelegation of authority conferred
        by this chapter.

        (4) Employment of personnel. - As necessary to carry out this
      chapter, the head of an executive agency may - 
          (A) appoint and fix the pay of personnel in the United
        States, subject to chapters 33 and 51 and subchapter III of
        chapter 53 of title 5; and
          (B) appoint personnel outside the States of the United States
        and the District of Columbia, without regard to chapter 33 of
        title 5.

      (c) Special Responsibilities of Secretary of State. - 
        (1) Use of foreign currencies and credits. - The Secretary of
      State may use foreign currencies and credits acquired by the
      United States under section 704(b)(2) of this title - 
          (A) to carry out the Mutual Educational and Cultural Exchange
        Act of 1961 (22 U.S.C. 2451 et seq.);
          (B) to carry out the Foreign Service Buildings Act, 1926 (22
        U.S.C. 292 et seq.); and
          (C) to pay other governmental expenses payable in local
        currencies.

        (2) Renewal of certain agreements. - Except as otherwise
      directed by the President, the Secretary of State shall continue
      to perform functions under agreements in effect on July 1, 1949,
      related to the disposal of foreign excess property. The Secretary
      of State may amend, modify, and renew the agreements. Foreign
      currencies or credits the Secretary of State acquires under the
      agreements shall be administered in accordance with procedures
      that the Secretary of the Treasury may establish. Foreign
      currencies or credits reduced to United States currency must be
      deposited in the Treasury as miscellaneous receipts.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1125.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    701(a)         40:514(a) (words        June 30, 1949, ch. 288,      
                    before last comma).     title IV, Sec. 404, 63 Stat.
                                            398; Pub. L. 86-624, Sec.   
                                            27(c), July 12, 1960, 74    
                                            Stat. 418; Pub. L. 96-470,  
                                            title I, Sec. 101(a), Oct.  
                                            19, 1980, 94 Stat. 2237.    
    701(b)(1)      40:511 (words           June 30, 1949, ch. 288,      
                    before proviso).        title IV, Sec. 401, 63 Stat.
                                            397.                        
                   40:514(d).                                           
    701(b)(2)(     40:514(a) (words                                     
     A)             after last comma).                                  
    701(b)(2)(     40:511 (proviso cl.                                  
     B)             (a)).                                               
    701(b)(3)      40:514(b).                                           
    701(b)(4)      40:514(c).                                           
    701(c)(1)      40:511 (proviso cl.                                  
                    (b) (words before                                   
                    "and the authority                                  
                    to amend")[)].                                      
    701(c)(2)      40:511 (proviso cl.                                  
                    (b) (words                                          
                    beginning "and the                                  
                    authority to                                        
                    amend"), (c), (d)).                                 
    --------------------------------------------------------------------

      In subsection (b)(1), the text of 40:514(d) is omitted as
    executed and obsolete.
      In subsection (b)(4), the words "chapters 33 and 51 and
    subchapter III of chapter 53 of title 5" are substituted for "the
    civil-service and classification laws", and the words "chapter 33
    of title 5" are substituted for "the civil-service laws", because
    of section 7(b) of the Act of September 6, 1966 (Public Law 89-554,
    80 Stat. 631), the first section of which enacted Title 5, United
    States Code. In subclause (A), the words "in the United States" are
    added for clarity. In subclause (B), provisions related to the
    heads of executive agencies fixing the compensation of personnel
    outside the continental limits of the United States that were
    contained in section 404(c)(2) of the Federal Property and
    Administrative Services Act of 1949 are omitted as obsolete.
    Sections 1202 and 1204 of the Classification Act of 1949 (ch. 782,
    63 Stat. 972, 973) repealed the Classification Act of 1923 (ch.
    265, 42 Stat. 1488) and all other provisions inconsistent with the
    1949 Act. The Classification Act of 1949 was repealed by section
    8(a) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat.
    632), the first section of which enacted title 5, United States
    Code. The Classification Act of 1949 was reenacted as chapter 51
    and subchapter III of chapter 53 of title 5. See especially 5:5102
    and 5103.
      In subsection (c)(1), the words "Mutual Educational and Cultural
    Exchange Act of 1961 (22 U.S.C. 2451 et seq.)" are substituted for
    "section 32(b)(2) of the Surplus Property Act of 1944, as amended"
    because of section 111(a)(1) and (c) of the Mutual Educational and
    Cultural Exchange Act of 1961 (Public Law 87-257, 75 Stat. 538).
    The words "Foreign Service Buildings Act, 1926" are substituted for
    "Foreign Service Buildings Act of May 7, 1926, as amended" because
    of section 8 of the Foreign Service Buildings Act (22:299). The
    words "(including section 295b of title 22)" are omitted as
    executed and obsolete.
      In subsection (c)(2), the words "Secretary of State" are
    substituted for "Department of State" because of 22:2651.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mutual Educational and Cultural Exchange Act of 1961,
    referred to in subsec. (c)(1)(A), is Pub. L. 87-256, Sept. 21,
    1961, 75 Stat. 527, as amended, which is classified principally to
    chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and
    Intercourse. For complete classification of this Act to the Code,
    see Short Title note set out under section 2451 of Title 22 and
    Tables.
      The Foreign Service Buildings Act, 1926, referred to in subsec.
    (c)(1)(B), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended,
    which is classified generally to chapter 8 (Sec. 292 et seq.) of
    Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see section 299 of Title 22
    and Tables.

-End-

-CITE-
    40 USC Sec. 702                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
    Sec. 702. Return of foreign excess property to United States

-STATUTE-
      (a) In General. - Under regulations prescribed pursuant to
    subsection (b), foreign excess property may be returned to the
    United States for handling as excess or surplus property under
    subchapter II of chapter 5 of this title or section 549 or 551 of
    this title when the head of the executive agency concerned, or the
    Administrator of General Services after consultation with the
    agency head, determines that return of the property to the United
    States for such handling is in the interest of the United States.
      (b) Regulations. - The Administrator shall prescribe regulations
    to carry out this section. The regulations must require that
    transportation costs for returning foreign excess property to the
    United States are paid by the federal agency, state agency, or
    donee receiving the property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    702            40:512(c).              June 30, 1949, ch. 288,      
                                            title IV, Sec. 402(c), as   
                                            added Pub. L. 91-426, Sec.  
                                            2(d), Sept. 26, 1970, 84    
                                            Stat. 883; Pub. L. 94-519,  
                                            Sec. 4, Oct. 17, 1976, 90   
                                            Stat. 2455.                 
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 703                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
    Sec. 703. Donation of medical supplies for use in foreign country

-STATUTE-
      (a) Application. - This section applies to medical materials or
    supplies that are in a foreign country but that would, if situated
    within the United States, be available for donation under
    subchapter III of chapter 5 of this title.
      (b) In General. - An executive agency may donate medical
    materials or supplies that are not disposed of under section 702 of
    this title.
      (c) Conditions. - A donation under this section is subject to the
    following conditions:
        (1) The medical materials and supplies must be donated for use
      in a foreign country.
        (2) The donation must be made to a nonprofit medical or health
      organization, which may be an organization qualified to receive
      assistance under section 214(b) or 607 of the Foreign Assistance
      Act of 1961 (22 U.S.C. 2174(b), 2357).
        (3) The donation must be made without cost to the donee (except
      for costs of care and handling).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    703            40:512(b).              June 30, 1949, ch. 288,      
                                            title IV, Sec. 402(b), as   
                                            added Pub. L. 91-426, Sec.  
                                            2(d), Sept. 26, 1970, 84    
                                            Stat. 883.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 704                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
    Sec. 704. Other methods of disposal

-STATUTE-
      (a) In General. - Foreign excess property not disposed of under
    section 702 or 703 of this title may be disposed of as provided in
    this section.
      (b) Methods of Disposal. - 
        (1) Sale, exchange, lease, or transfer. - The head of an
      executive agency may dispose of foreign excess property by sale,
      exchange, lease, or transfer, for cash, credit or other property,
      with or without warranty, under terms and conditions the head of
      the executive agency considers proper.
        (2) Exchange for foreign currency or credit. - If the head of
      an executive agency determines that it is in the interest of the
      United States, foreign excess property may be exchanged for - 
          (A) foreign currencies or credits; or
          (B) substantial benefits or the discharge of claims resulting
        from the compromise or settlement of claims in accordance with
        law.

        (3) Abandonment, destruction, or donation. - The head of an
      executive agency may authorize the abandonment, destruction, or
      donation of foreign excess property if the property has no
      commercial value or if estimated costs of care and handling
      exceed the estimated proceeds from sale.

      (c) Advertising. - The head of an executive agency may dispose of
    foreign excess property without advertising if the head of the
    executive agency finds that disposal without advertising is the
    most practicable and advantageous means for the Federal Government
    to dispose of the property.
      (d) Transfer of Title. - The head of an executive agency may
    execute documents to transfer title or other interests in, and take
    other action necessary or proper to dispose of, foreign excess
    property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    704            40:512(a).              June 30, 1949, ch. 288,      
                                            title IV, Sec. 402(a), 63   
                                            Stat. 398; Pub. L. 91-426,  
                                            Sec. 2(a)-(c), Sept. 26,    
                                            1970, 84 Stat. 883; Pub. L. 
                                            99-627, Sec. 3(a), Nov. 7,  
                                            1986, 100 Stat. 3509.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 705                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 7 - FOREIGN EXCESS PROPERTY

-HEAD-
    Sec. 705. Handling of proceeds from disposal

-STATUTE-
      (a) In General. - This section applies to proceeds from the sale,
    lease, or other disposition of foreign excess property under this
    chapter.
      (b) Foreign Currencies or Credits. - Proceeds in the form of
    foreign currencies or credits, must be administered in accordance
    with procedures that the Secretary of the Treasury may establish.
      (c) United States Currency. - 
        (1) Separate fund in treasury. - Section 572(a) of this title
      applies to proceeds of foreign excess property disposed of for
      United States currency under this chapter.
        (2) Deposited in treasury as miscellaneous receipts. - Except
      as provided in paragraph (1), proceeds in the form of United
      States currency, including foreign currencies or credits that are
      reduced to United States currency, must be deposited in the
      Treasury as miscellaneous receipts.

      (d) Special Account for Refunds or Payments for Breach. - 
        (1) Deposits. - A federal agency that disposes of foreign
      excess property under this chapter may deposit, in a special
      account in the Treasury, amounts of the proceeds of the
      dispositions that the agency decides are necessary to permit - 
          (A) appropriate refunds to purchasers for dispositions that
        are rescinded or that do not become final; and
          (B) payments for breach of warranty.

        (2) Withdrawals. - A federal agency that deposits proceeds in a
      special account under paragraph (1) may withdraw amounts to be
      refunded or paid from the account without regard to the origin of
      the amounts withdrawn.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    705            40:513.                 June 30, 1949, ch. 288,      
                                            title IV, Sec. 403, 63 Stat.
                                            398.                        
    --------------------------------------------------------------------

      In subsection (d)(1), the words "in the Treasury" are substituted
    for "with the Treasurer of the United States" because of section 1
    of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat.
    1280), restated as section 321 of title 31.

-End-

-CITE-
    40 USC CHAPTER 9 - URBAN LAND USE                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
                        CHAPTER 9 - URBAN LAND USE                    

-MISC1-
    Sec.                                                     
    901.        Purpose and policy.                                   
    902.        Definitions.                                          
    903.        Acquisition and use.                                  
    904.        Disposal.                                             
    905.        Waiver.                                               

-End-

-CITE-
    40 USC Sec. 901                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
    Sec. 901. Purpose and policy

-STATUTE-
      The purpose of this chapter is to promote harmonious
    intergovernmental relations and encourage sound planning, zoning,
    and land use practices by prescribing uniform policies and
    procedures for the Administrator of General Services to acquire,
    use, and dispose of land in urban areas. To the greatest extent
    practicable, urban land transactions entered into for the General
    Services Administration and other federal agencies shall be
    consistent with zoning and land use practices and with the planning
    and development objectives of local governments and planning
    agencies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    901            40:531.                 June 30, 1949, ch. 288,      
                                            title VIII, Sec. 802, as    
                                            added Pub. L. 90-577, title 
                                            V, Sec. 501, Oct. 16, 1968, 
                                            82 Stat. 1104.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 902                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
    Sec. 902. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Unit of general local government. - The term "unit of
      general local government" means a city, county, town, parish,
      village, or other general-purpose political subdivision of a
      State.
        (2) Urban area. - The term "urban area" means - 
          (A) a geographical area within the jurisdiction of an
        incorporated city, town, borough, village, or other unit of
        general local government, except a county or parish, having a
        population of at least 10,000 inhabitants;
          (B) that portion of the geographical area within the
        jurisdiction of a county, town, township, or similar
        governmental entity which contains no incorporated unit of
        general local government but has a population density of at
        least 1,500 inhabitants per square mile; and
          (C) that portion of a geographical area having a population
        density of at least 1,500 inhabitants per square mile and
        situated adjacent to the boundary of an incorporated unit of
        general local government which has a population of at least
        10,000.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    902            40:535(a), (b).         June 30, 1949, ch. 288,      
                                            title VIII, Sec. 806(a),    
                                            (b), as added Pub. L.       
                                            90-577, title V, Sec. 501,  
                                            Oct. 16, 1968, 82 Stat. 1105.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 903                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
    Sec. 903. Acquisition and use

-STATUTE-
      (a) Notice to Local Government. - To the extent practicable,
    before making a commitment to acquire real property situated in an
    urban area, the Administrator of General Services shall give notice
    of the intended acquisition and the proposed use of the property to
    the unit of general local government exercising zoning and land use
    jurisdiction. If the Administrator determines that providing
    advance notice would adversely impact the acquisition, the
    Administrator shall give notice of the acquisition and the proposed
    use of the property immediately after the property is acquired.
      (b) Objections to Acquisition or Change of Use. - In the
    acquisition or change of use of real property situated in an urban
    area as a site for public building, if the unit of general local
    government exercising zoning and land use jurisdiction objects on
    grounds that the proposed acquisition or change of use conflicts
    with zoning regulations or planning objectives, the Administrator
    shall, to the extent the Administrator determines is practicable,
    consider all the objections and comply with the zoning regulations
    and planning objectives.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    903            40:533.                 June 30, 1949, ch. 288,      
                                            title VIII, Sec. 804, as    
                                            added Pub. L. 90-577, title 
                                            V, Sec. 501, Oct. 16, 1968, 
                                            82 Stat. 1105.              
    --------------------------------------------------------------------

      In subsection (b), the words "and conform to" are omitted as
    included in "comply with".

-End-

-CITE-
    40 USC Sec. 904                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
    Sec. 904. Disposal

-STATUTE-
      (a) Notice to Local Government. - Before offering real property
    situated in an urban area for sale, the Administrator of General
    Services shall give reasonable notice to the unit of general local
    government exercising zoning and land use jurisdiction in order to
    provide an opportunity for zoning so that the property is used in
    accordance with local comprehensive planning described in
    subsection (c).
      (b) Notice to Prospective Purchasers. - To the greatest extent
    practicable, the Administrator shall furnish to all prospective
    purchasers of real property situated in an urban area complete
    information concerning - 
        (1) current zoning regulations, prospective zoning
      requirements, and objectives for property if it is unzoned; and
        (2)(A) the current availability of streets, sidewalks, sewers,
      water, street lights, and other service facilities; and
        (B) the prospective availability of those service facilities if
      the property is included in local comprehensive planning
      described in subsection (c).

      (c) Local Comprehensive Planning. - Local comprehensive planning
    referred to in subsections (a) and (b) includes any of the
    following activities, to the extent the activity is directly
    related to the needs of a unit of general local government:
        (1) As a guide for government policy and action, preparing
      general plans related to - 
          (A) the pattern and intensity of land use;
          (B) the provision of public facilities (including
        transportation facilities) and other government services; and
          (C) the effective development and use of human and natural
        resources.

        (2) Preparing long-range physical and fiscal plans for
      government action.
        (3) Programming capital improvements and other major
      expenditures, based on a determination of relative urgency,
      together with definitive financial planning for expenditures in
      the earlier years of a program.
        (4) Coordinating related plans and activities of state and
      local governments and agencies.
        (5) Preparing regulatory and administrative measures to support
      activities described in this subsection.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    904(a), (b)    40:532.                 June 30, 1949, ch. 288,      
                                            title VIII, Secs. 803,      
                                            806(c), as added Pub. L.    
                                            90-577, title V, Sec. 501,  
                                            Oct. 16, 1968, 82 Stat. 1105.
    904(c)         40:535(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "Whenever the Administrator
    contemplates the disposal for or on behalf of any Federal agency
    of" and "such land" are omitted as unnecessary. The words "the head
    of the governing body of" are omitted for consistency in the
    chapter. The words "exercising zoning and land-use jurisdiction"
    are substituted for "having jurisdiction over zoning and land-use
    regulation in the geographical area within which the land or lands
    are located" to eliminate unnecessary words and for consistency in
    the chapter.
      In subsection (c)(2), the word "Preparing" is added for clarity.

-End-

-CITE-
    40 USC Sec. 905                                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 9 - URBAN LAND USE

-HEAD-
    Sec. 905. Waiver

-STATUTE-
      The procedures prescribed in sections 903 and 904 of this title
    may be waived during a period of national emergency proclaimed by
    the President.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    905            40:534.                 June 30, 1949, ch. 288,      
                                            title VIII, Sec. 805, as    
                                            added Pub. L. 90-577, title 
                                            V, Sec. 501, Oct. 16, 1968, 
                                            82 Stat. 1105.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS    01/03/2007 

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-
            CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS        

-MISC1-
    Sec.                                                     
    1101.       Policy.                                               
    1102.       Definitions.                                          
    1103.       Selection procedure.                                  
    1104.       Negotiation of contract.                              

-End-

-CITE-
    40 USC Sec. 1101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-
    Sec. 1101. Policy

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1101           40:542.                 June 30, 1949, ch. 288,      
                                            title IX, Sec. 902, as added
                                            Pub. L. 92-582, Oct. 27,    
                                            1972, 86 Stat. 1279.        
    --------------------------------------------------------------------

      The words "The Congress hereby declares" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 1102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-
    Sec. 1102. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1102           40:541.                 June 30, 1949, ch. 288,      
                                            title IX, Sec. 901, as added
                                            Pub. L. 92-582, Oct. 27,    
                                            1972, 86 Stat. 1278; Pub. L.
                                            100-656, title VII, Sec.    
                                            742, Nov. 15, 1988, 102     
                                            Stat. 3897; Pub. L. 100-679,
                                            Sec. 8, Nov. 17, 1988, 102  
                                            Stat. 4068.                 
    --------------------------------------------------------------------

      In clause (1), the words "Secretary, Administrator, or" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 1103                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-
    Sec. 1103. Selection procedure

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1103           40:543.                 June 30, 1949, ch. 288,      
                                            title IX, Sec. 903, as added
                                            Pub. L. 92-582, 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.

                  ARCHITECTURAL AND ENGINEERING SERVICES              
      Pub. L. 108-136, div. A, title XIV, Sec. 1427(b), Nov. 24, 2003,
    117 Stat. 1670, 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 2304a and 2304b of title 10, United States Code, or
    sections 303H and 303I of the Federal Property and Administrative
    Services Act of 1949 (41 U.S.C. 253h and 253i) 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."

-End-

-CITE-
    40 USC Sec. 1104                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-
    Sec. 1104. Negotiation of contract

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1104           40:544.                 June 30, 1949, ch. 288,      
                                            title IX, Sec. 904, as added
                                            Pub. L. 92-582, Oct. 27,    
                                            1972, 86 Stat. 1279.        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 13 - PUBLIC PROPERTY                         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
                       CHAPTER 13 - PUBLIC PROPERTY                   

-MISC1-
    Sec.                                                     
    1301.       Charge of property transferred to the Federal
                 Government.                                          
    1302.       Lease of buildings.                                   
    1303.       Disposition of surplus real property.                 
    1304.       Transfer of federal property to States.               
    1305.       Disposition of land acquired by devise.               
    1306.       Disposition of abandoned or forfeited personal
                 property.                                            
    1307.       Disposition of securities.                            
    1308.       Disposition of unfit horses and mules.                
    1309.       Preservation, sale, or collection of wrecked,
                 abandoned, or derelict property.                     
    1310.       Sale of war supplies, land, and buildings.            
    1311.       Authority of President to obtain release.             
    1312.       Release of real estate in certain cases.              
    1313.       Releasing property from attachment.                   
    1314.       Easements.                                            
    1315.       Law enforcement authority of Secretary of Homeland
                 Security for protection of public property.          

                                AMENDMENTS                            
      2002 - Pub. L. 107-296, title XVII, Sec. 1706(b)(3), Nov. 25,
    2002, 116 Stat. 2318, added item 1315 and struck out former item
    1315 "Special police".

-End-

-CITE-
    40 USC Sec. 1301                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1301. Charge of property transferred to the Federal Government

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1301           40:301.                 R.S. Sec. 3750; Pub. L.      
                                            89-30, Sec. 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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (b)(1),
    is classified to Title 26, Internal Revenue Code.

-End-

-CITE-
    40 USC Sec. 1302                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1302. Lease of buildings

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1302           40:303b.                June 30, 1932, ch. 314, Sec. 
                                            321, 47 Stat. 412.          
    --------------------------------------------------------------------

      The words "On and after June 30, 1932" are omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 1303                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1303. Disposition of surplus real property

-STATUTE-
      (a) Definition. - In this section, the term "federal agency"
    means an executive department, independent establishment,
    commission, board, bureau, division, or office in the executive
    branch, or other agency of the Federal Government, including wholly
    owned Government corporations.
      (b) Assignment of Space or Lease or Sale of Property. - 
        (1) Actions of administrator. - When the President, on the
      recommendation of the Administrator of General Services, or the
      federal agency having control of any real property the agency
      acquires that is located outside of the District of Columbia,
      other than military or naval reservations, declares the property
      to be surplus to the needs of the agency, the Administrator - 
          (A) may assign space in the property to any federal agency;
          (B) pending a sale, may lease the property for not more than
        5 years and on terms the Administrator considers to be in the
        public interest; or
          (C) may sell the property at public sale to the highest
        responsible bidder on terms and after public advertisement that
        the Administrator considers to be in the public interest.

        (2) Review of decision to assign space. - If the federal agency
      to which space is assigned does not desire to occupy the space,
      the decision of the Administrator under paragraph (1)(A) is
      subject to review by the President.
        (3) Negotiated sale. - If no bids which are satisfactory as to
      price and responsibility of the bidder are received as a result
      of public advertisement, the Administrator may sell the property
      by negotiation, on terms as may be considered to be to the best
      interest of the Government, but at a price not less than that bid
      by the highest responsible bidder.

      (c) Demolition. - The Administrator may demolish any building
    declared to be surplus to the needs of the Government under this
    section on deciding that demolition will be in the best interest of
    the Government. Before proceeding with the demolition, the
    Administrator shall inform the Secretary of the Interior in writing
    of the Administrator's intention to demolish the building, and
    shall not proceed with the demolition until receiving written
    notice from the Secretary that the building is not an historic
    building of national significance within the meaning of the Act of
    August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic
    Sites, Buildings, and Antiquities Act). If the Secretary does not
    notify the Administrator of the Secretary's decision as to whether
    the building is an historic building of national significance
    within 90 days of the receipt of the notice of intention to
    demolish the building, the Administrator may proceed to demolish
    the building.
      (d) Repairs and Alterations to Assigned Real Property. - When the
    Administrator, after investigation, decides that real property
    referred to in subsection (b) should be used for the accommodation
    of a federal agency, the Administrator may make any repairs or
    alterations that the Administrator considers necessary or advisable
    and may maintain and operate the property.
      (e) Payment by Federal Agencies. - 
        (1) Assigned real property. - To the extent that the
      appropriations of the General Services Administration not
      otherwise allocated are inadequate for repairs, alterations,
      maintenance, or operation, the Administrator may require each
      federal agency to which space has been assigned to pay promptly
      by check to the Administrator out of its appropriation for rent
      any part of the estimated or actual cost of the repairs,
      alterations, maintenance, and operation. Payment may be either in
      advance of, or on or during, occupancy of the space. The
      Administrator shall determine and equitably apportion the total
      amount to be paid among the agencies to whom space has been
      assigned.
        (2) Leased spaces. - To the extent that the appropriations of
      the Administration not otherwise required are inadequate, the
      Administrator may require each federal agency to which leased
      space has been assigned to pay promptly by check to the
      Administrator out of its available appropriations any part of the
      estimated cost of rent, repairs, alterations, maintenance,
      operation, and moving. Payment may be either in advance or during
      occupancy of the space. When space in a building is occupied by
      two or more agencies, the Administrator shall determine and
      equitably apportion rental, operation, and other charges on the
      basis of the total amount of space leased.

      (f) Authorization of Appropriations. - Necessary amounts may be
    appropriated to cover the costs incident to the sale or lease of
    real property, or authorized demolition of buildings on the
    property, declared to be surplus to the needs of any federal agency
    under this section, and the care, maintenance, and protection of
    the property, including pay of employees, travel of Government
    employees, brokers' fees not in excess of rates paid for similar
    services in the community where the property is situated,
    appraisals, photographs, surveys, evidence of title and perfecting
    of defective titles, advertising, and telephone and telegraph
    charges. However, the agency remains responsible for the proper
    care, maintenance, and protection of the property until the
    Administrator assumes custody or other disposition of the property
    is made.
      (g) Regulations. - The Administrator may prescribe regulations as
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1303(a)        40:304e.                Aug. 27, 1935, ch. 744, Sec. 
                                            5, 49 Stat. 886.            
    1303(b)        40:304a.                Aug. 27, 1935, ch. 744, Sec. 
                                            1, 49 Stat. 885; July 18,   
                                            1940, ch. 635, Secs. 1, 3,  
                                            54 Stat. 764, 765.          
    1303(c)        40:304a-2.              Aug. 27, 1935, ch. 744,      
                                            Secs. 6, 7, as added July   
                                            18, 1940, ch. 635, Sec. 2,  
                                            54 Stat. 764.               
    1303(d)        40:304b (1st            Aug. 27, 1935, ch. 744, Sec. 
                    sentence).              2, 49 Stat. 886; July 18,   
                                            1940, ch. 635, Sec. 3, 54   
                                            Stat. 765; June 14, 1946,   
                                            ch. 404, Sec. 4, 60 Stat.   
                                            257.                        
    1303(e)(1)     40:304b (last                                        
                    sentence).                                          
    1303(e)(2)     40:304c.                Aug. 27, 1935, ch. 744, Sec. 
                                            3, 49 Stat. 886; July 18,   
                                            1940, ch. 635, Sec. 3, 54   
                                            Stat. 765; June 14, 1946,   
                                            ch. 404, Sec. 4, 60 Stat.   
                                            257; Pub. L. 85-493, Sec. 2,
                                            July 2, 1958, 72 Stat. 294. 
    1303(f)        40:304a-1.                                           
    1303(g)        40:304d.                Aug. 27, 1935, ch. 744, Sec. 
                                            4, 49 Stat. 886; July 18,   
                                            1940, ch. 635, Sec. 3, 54   
                                            Stat. 765.                  
    --------------------------------------------------------------------

      In this chapter, the words "Administrator of General Services"
    are substituted for "Federal Works Administrator" and "Commissioner
    of Public Buildings" because of 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 subsection (a), the words "wholly owned Government
    corporations" are substituted for "corporations wholly owned by the
    United States" for consistency in the revised title and with other
    titles of the United States Code.
      In subsection (b)(1), before subclause (A), the words
    "Notwithstanding any other provision of law", "heretofore or
    hereafter", and "by judicial process or otherwise in the collection
    of debts, purchase, donation, condemnation, devise, forfeiture,
    lease, or in any other manner" are omitted as unnecessary. In
    subclause (A), the words "or reassign" are omitted as unnecessary.
      In subsection (e), the words "General Services Administration",
    "Administrator", and "Administration" are substituted for "Public
    Buildings Administration" because of 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 subsection (f), the words "as hereinafter" are omitted as
    obsolete. The words "which have been or may hereafter be" and
    "notwithstanding any declaration that the same is in excess of its
    needs" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Historic Sites, Buildings, and Antiquities Act, referred to
    in subsec. (c), is the popular name for act Aug. 21, 1935, ch. 593,
    49 Stat. 666, as amended, also known as the Historic Sites Act of
    August 21, 1935, which is classified generally to sections 461 to
    467 of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title note set out under section 461 of
    Title 16 and Tables.

-End-

-CITE-
    40 USC Sec. 1304                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1304. Transfer of federal property to States

-STATUTE-
      (a) Obsolete Buildings and Sites. - 
        (1) In general. - The Administrator of General Services, in the
      Administrator's 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 Administrator's 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1133.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1304(a)        40:345b.                Aug. 26, 1935, ch. 684, Sec. 
                                            1, 49 Stat. 800; Pub. L.    
                                            86-608, July 7, 1960, 74    
                                            Stat. 363.                  
    1304(b)(1)-    40:345c.                Aug. 26, 1935, ch. 684, Sec. 
     (3)                                    2, as added Pub. L. 86-608, 
                                            July 7, 1960, 74 Stat. 363. 
    1304(b)(4)     40:345c note.           Pub. L. 94-579, title VII,   
                                            Sec. 706(a) (related to the 
                                            Act of July 7, 1960 (Pub. L.
                                            86-608, 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).

-End-

-CITE-
    40 USC Sec. 1305                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1305. Disposition of land acquired by devise

-STATUTE-
      The General Services Administration may take custody, for
    disposal as excess property under this subtitle and title III of
    the Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 251 et seq.), of land acquired by the Federal Government by
    devise.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1305           40:304.                 Mar. 3, 1903, ch. 1007,      
                                            [Sec.] 1 (4th complete par. 
                                            on p. 1112), 32 Stat. 1112; 
                                            Oct. 31, 1951, ch. 654, Sec.
                                            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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Title III of the Act is classified generally to
    subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    40 USC Sec. 1306                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1306. Disposition of abandoned or forfeited personal property

-STATUTE-
      (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 informer's 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1306(a)        40:304f.                Aug. 27, 1935, ch. 740,      
                                            title III, Secs. 301-307, 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)(       40:304m.                Aug. 27, 1935, ch. 740,      
     2), (3)                                title III, Sec. 308, 49     
                                            Stat. 880; Pub. L. 91-513,  
                                            title III, Sec. 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 Sec. 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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Controlled Substances Act, referred to in subsec. (h)(3)(A),
    is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
    amended, which is classified principally to subchapter I (Sec. 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.

-End-

-CITE-
    40 USC Sec. 1307                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1307. Disposition of securities

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1307           40:316.                 Feb. 28, 1920, ch. 91, Sec.  
                                            213, as added Aug. 13, 1940,
                                            ch. 666, 54 Stat. 788; Pub. 
                                            L. 95-598, title III, Sec.  
                                            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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The 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. 95-473, Sec. 4(b), Oct. 13, 1978, 92 Stat. 1467, the
    first section of which enacted subtitle IV (Sec. 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. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304.

-End-

-CITE-
    40 USC Sec. 1308                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1308. Disposition of unfit horses and mules

-STATUTE-
      Subject to applicable regulations under this subtitle and title
    III of the Federal Property and Administrative Services Act of 1949
    (41 U.S.C. 251 et seq.), 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1308           40:311b.                June 15, 1938, ch. 400, 52   
                                            Stat. 693; June 3, 1939, ch.
                                            176, 53 Stat. 808; Oct. 31, 
                                            1951, ch. 654, Sec. 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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Title III of the Act is classified generally to
    subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    40 USC Sec. 1309                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1309. Preservation, sale, or collection of wrecked, abandoned,
      or derelict property

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1309           40:310.                 R.S. Sec. 3755; Pub. L.      
                                            89-30, Sec. 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 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.

-End-

-CITE-
    40 USC Sec. 1310                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1310. Sale of war supplies, land, and buildings

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1310           40:314.                 July 9, 1918, ch. 143 (last  
                                            par. on p. 850), 40 Stat.   
                                            850; Feb. 25, 1919, ch. 39, 
                                            Sec. 3, 40 Stat. 1173; May  
                                            29, 1928, ch. 901, Sec.     
                                            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.

-End-

-CITE-
    40 USC Sec. 1311                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1311. Authority of President to obtain release

-STATUTE-
      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 individual's or officer's
    interest to the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1311           40:305.                 R.S. Sec. 3752.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 1312                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1312. Release of real estate in certain cases

-STATUTE-
      (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.).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1312           40:306.                 R.S. Sec. 3751; Pub. L.      
                                            89-30, Sec. 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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (b), is
    classified to Title 26, Internal Revenue Code.

-End-

-CITE-
    40 USC Sec. 1313                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1313. Releasing property from attachment

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1313(a)        40:308.                 R.S. Sec. 3753; Pub. L.      
                                            89-30, Sec. 1(a), June 2,   
                                            1965, 79 Stat. 118.         
    1313(b)        40:309.                 R.S. Sec. 3754; Pub. L.      
                                            89-30, Sec. 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.

-End-

-CITE-
    40 USC Sec. 1314                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1314. Easements

-STATUTE-
      (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 the Act of August 25, 1916 (16
          U.S.C. 1, 2, 3, 4) (known as the National Park Service
          Organic Act);
            (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1139.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1314(a)        40:319c.                Pub. L. 87-852, 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       Pub. L. 94-579, title VII,   
                    note, 319b note,        Sec. 706(a) (related to the 
                    319c note.              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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Park Service Organic Act, referred to in subsec.
    (a)(2)(A)(ii), is act Aug. 25, 1916, ch. 408, 39 Stat. 35, as
    amended, which is classified generally to sections 1, 2, 3, and 4
    of Title 16, Conservation. For complete classification of this Act
    to the Code, see Short Title note set out under section 1 of Title
    16 and Tables.

-End-

-CITE-
    40 USC Sec. 1315                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
    CHAPTER 13 - PUBLIC PROPERTY

-HEAD-
    Sec. 1315. Law enforcement authority of Secretary of Homeland
      Security for protection of public property

-STATUTE-
      (a) In General. - To the extent provided for by transfers made
    pursuant to the Homeland Security Act of 2002, the Secretary of
    Homeland Security (in this section referred to as the "Secretary")
    shall protect the buildings, grounds, and property that are owned,
    occupied, or secured by the Federal Government (including any
    agency, instrumentality, or wholly owned or mixed-ownership
    corporation thereof) and the persons on the property.
      (b) Officers and Agents. - 
        (1) Designation. - The Secretary may designate employees of the
      Department of Homeland Security, including employees transferred
      to the Department from the Office of the Federal Protective
      Service of the General Services Administration pursuant to the
      Homeland Security Act of 2002, as officers and agents for duty in
      connection with the protection of property owned or occupied by
      the Federal Government and persons on the property, including
      duty in areas outside the property to the extent necessary to
      protect the property and persons on the property.
        (2) Powers. - While engaged in the performance of official
      duties, an officer or agent designated under this subsection may -
       
          (A) enforce Federal laws and regulations for the protection
        of persons and property;
          (B) carry firearms;
          (C) make arrests without a warrant for any offense against
        the United States committed in the presence of the officer or
        agent or for any felony cognizable under the laws of the United
        States if the officer or agent has reasonable grounds to
        believe that the person to be arrested has committed or is
        committing a felony;
          (D) serve warrants and subpoenas issued under the authority
        of the United States;
          (E) conduct investigations, on and off the property in
        question, of offenses that may have been committed against
        property owned or occupied by the Federal Government or persons
        on the property; and
          (F) carry out such other activities for the promotion of
        homeland security as the Secretary may prescribe.

      (c) Regulations. - 
        (1) In general. - The Secretary, in consultation with the
      Administrator of General Services, may prescribe regulations
      necessary for the protection and administration of property owned
      or occupied by the Federal Government and persons on the
      property. The regulations may include reasonable penalties,
      within the limits prescribed in paragraph (2), for violations of
      the regulations. The regulations shall be posted and remain
      posted in a conspicuous place on the property.
        (2) Penalties. - A person violating a regulation prescribed
      under this subsection shall be fined under title 18, United
      States Code, imprisoned for not more than 30 days, or both.

      (d) Details. - 
        (1) Requests of agencies. - On the request of the head of a
      Federal agency having charge or control of property owned or
      occupied by the Federal Government, the Secretary may detail
      officers and agents designated under this section for the
      protection of the property and persons on the property.
        (2) Applicability of regulations. - The Secretary may - 
          (A) extend to property referred to in paragraph (1) the
        applicability of regulations prescribed under this section and
        enforce the regulations as provided in this section; or
          (B) utilize the authority and regulations of the requesting
        agency if agreed to in writing by the agencies.

        (3) Facilities and services of other agencies. - When the
      Secretary determines it to be economical and in the public
      interest, the Secretary may utilize the facilities and services
      of Federal, State, and local law enforcement agencies, with the
      consent of the agencies.

      (e) Authority Outside Federal Property. - For the protection of
    property owned or occupied by the Federal Government and persons on
    the property, the Secretary may enter into agreements with Federal
    agencies and with State and local governments to obtain authority
    for officers and agents designated under this section to enforce
    Federal laws and State and local laws concurrently with other
    Federal law enforcement officers and with State and local law
    enforcement officers.
      (f) Secretary and Attorney General Approval. - The powers granted
    to officers and agents designated under this section shall be
    exercised in accordance with guidelines approved by the Secretary
    and the Attorney General.
      (g) Limitation on Statutory Construction. - Nothing in this
    section shall be construed to - 
        (1) preclude or limit the authority of any Federal law
      enforcement agency; or
        (2) restrict the authority of the Administrator of General
      Services to promulgate regulations affecting property under the
      Administrator's custody and control.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107-296,
    title XVII, Sec. 1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    1315(a)        40:318(a).              June 1, 1948, ch. 359, Sec.  
                                            1, 62 Stat. 281; Pub. L.    
                                            100-678, Sec. 8(a), (b),    
                                            Nov. 17, 1988, 102 Stat.    
                                            4052.                       
    1315(b)        40:318(b).                                           
    1315(c)        40:318b (words          June 1, 1948, ch. 359, Sec.  
                    before semicolon).      3, 62 Stat. 281; Pub. L.    
                                            100-678, Sec. 8(a), (c)(2), 
                                            Nov. 17, 1988, 102 Stat.    
                                            4052, 4053.                 
    1315(d)        40:318b (words                                       
                    after semicolon).                                   
    1315(e)        40:318d.                June 1, 1948, ch. 359, Sec.  
                                            5, as added Pub. L. 87-275, 
                                            Sept. 22, 1961, 75 Stat. 574.
    1315(f)        40:318a.                June 1, 1948, ch. 359, Sec.  
                                            2, 62 Stat. 281; Pub. L.    
                                            100-678, Sec. 8(a), (c)(1), 
                                            Nov. 17, 1988, 102 Stat.    
                                            4052, 4053.                 
    1315(g)        40:318c.                June 1, 1948, ch. 359, Sec.  
                                            4, 62 Stat. 281; Pub. L.    
                                            104-201, div. A, title X,   
                                            Sec. 1067, Sept. 23, 1996,  
                                            110 Stat. 2654.             
    --------------------------------------------------------------------

      In this section, the word "duly" is omitted as unnecessary.
      In subsection (e), the words "who have been" are omitted as
    unnecessary.
      In subsection (g)(1), the words "fined under title 18" are
    substituted for "fined not more than $50" for consistency with
    chapter 227 of title 18.
      In subsection (g)(2)(B), the words "similar offense" are
    substituted for "like or similar offense" to eliminate unnecessary
    words. The words "of the United States" are added for consistency
    in the revised title and with other titles of the United States
    Code.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Homeland Security Act of 2002, referred to in subsecs. (a)
    and (b)(1), is Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135,
    which is classified principally to chapter 1 (Sec. 101 et seq.) of
    Title 6, Domestic Security. For complete classification of this Act
    to the Code, see Short Title note set out under section 101 of
    Title 6 and Tables.

-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-296 amended catchline and text generally.
    Prior to amendment, text read as follows:
      "(a) Appointment. - The Administrator of General Services, or an
    official of the General Services Administration authorized by the
    Administrator, may appoint uniformed guards of the Administration
    as special police without additional compensation for duty in
    connection with the policing of all buildings and areas owned or
    occupied by the Federal Government and under the charge and control
    of the Administrator.
      "(b) Powers. - Special police appointed under this section have
    the same powers as sheriffs and constables on property referred to
    in subsection (a) to enforce laws enacted for the protection of
    individuals and property, prevent breaches of the peace, suppress
    affrays or unlawful assemblies, and enforce regulations prescribed
    by the Administrator or an official of the Administration
    authorized by the Administrator for property under their
    jurisdiction. However, the jurisdiction and policing powers of
    special police do not extend to the service of civil process.
      "(c) Detail. - On the application of the head of a department or
    agency of the Government having property of the Government under
    its administration and control, the Administrator or an official of
    the Administration authorized by the Administrator may detail
    special police for the protection of the property and, if the
    Administrator considers it desirable, may extend to the property
    the applicability of regulations and enforce them as provided in
    this section.
      "(d) Use of Other Law Enforcement Agencies. - When it is
    considered economical and in the public interest, the Administrator
    or an official of the Administration authorized by the
    Administrator may utilize the facilities and services of existing
    federal law enforcement agencies, and, with the consent of a state
    or local agency, the facilities and services of state or local law
    enforcement agencies.
      "(e) Nonuniformed Special Police. - The Administrator, or an
    official of the Administration authorized by the Administrator, may
    empower officials or employees of the Administration authorized to
    perform investigative functions to act as nonuniformed special
    police to protect property under the charge and control of the
    Administration and to carry firearms, whether on federal property
    or in travel status. When on real property under the charge and
    control of the Administration, officials or employees empowered to
    act as nonuniformed special police have the power to enforce
    federal laws for the protection of individuals and property and to
    enforce regulations for that purpose that the Administrator or an
    official of the Administration authorized by the Administrator
    prescribes and publishes. The special police may make arrests
    without warrant for any offense committed on the property if the
    police have reasonable grounds to believe the offense constitutes a
    felony under the laws of the United States and that the individual
    to be arrested is guilty of that offense.
      "(f) Administrative. - The Administrator or an official of the
    Administration authorized by the Administrator may prescribe
    regulations necessary for the government of the property under
    their charge and control, and may annex to the regulations
    reasonable penalties, within the limits prescribed in subsection
    (g), that will ensure their enforcement. The regulations shall be
    posted and kept posted in a conspicuous place on the property.
      "(g) Penalties. - 
        "(1) In general. - Except as provided in paragraph (2), a
      person violating a regulation prescribed under subsection (f)
      shall be fined under title 18, imprisoned for not more than 30
      days, or both.
        "(2) Exception for military traffic regulation. - 
          "(A) Definition. - For purposes of this paragraph, the term
        'military traffic regulation' means a regulation for the
        control of vehicular or pedestrian traffic on military
        installations that the Secretary of Defense prescribes under
        subsection (f).
          "(B) In general. - A person violating a military traffic
        regulation shall be fined an amount not exceeding the amount of
        the maximum fine for a similar offense under the criminal or
        civil law of the State, district, territory, or possession of
        the United States where the military installation in which the
        violation occurred is located, imprisoned for not more than 30
        days, or both."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Protective Service of the General Services
    Administration, including the functions of the Administrator of
    General Services relating thereto, to the Secretary of Homeland
    Security, and for treatment of related references, see sections
    203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and
    the Department of Homeland Security Reorganization Plan of November
    25, 2002, as modified, set out as a note under section 542 of Title
    6.

-MISC3-
                          DELEGATION OF AUTHORITY                      
      Pub. L. 107-296, title XVII, Sec. 1706(b)(2), Nov. 25, 2002, 116
    Stat. 2318, provided that: "The Secretary may delegate authority
    for the protection of specific buildings to another Federal agency
    where, in the Secretary's discretion, the Secretary determines it
    necessary for the protection of that building."
      [For definition of "Secretary" as used in section 1706(b)(2) of
    Pub. L. 107-296, set out above, see section 101(13) of Title 6,
    Domestic Security.]

-End-

-CITE-
    40 USC SUBTITLE II - PUBLIC BUILDINGS AND WORKS             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS

-HEAD-
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS

-MISC1-
                             PART A - GENERAL                         
    Chapter                                                          Sec.
    31.     GENERAL                                                 3101
    33.     ACQUISITION, CONSTRUCTION, AND ALTERATION               3301
    35.     NON-FEDERAL PUBLIC WORKS                                3501
    37.     CONTRACT WORK HOURS AND SAFETY STANDARDS                3701

                      PART B - UNITED STATES CAPITOL                  
    51.     UNITED STATES CAPITOL BUILDINGS AND GROUNDS             5101

                    PART C - FEDERAL BUILDING COMPLEXES                
    61.     UNITED STATES SUPREME COURT BUILDING AND GROUNDS        6101
    63.     SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART,
             AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS     6301
    65.     THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING            6501
    67.     PENNSYLVANIA AVENUE DEVELOPMENT                         6701
    69.     UNION STATION REDEVELOPMENT                             6901

     PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
                                 COLUMBIA
    81.     ADMINISTRATIVE                                          8101
    83.     WASHINGTON METROPOLITAN REGION DEVELOPMENT              8301
    85.     NATIONAL CAPITAL SERVICE AREA AND DIRECTOR              8501
    87.     PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION         8701
    89.     NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS      8901
    91.     COMMISSION OF FINE ARTS                                 9101
    93.     THEODORE ROOSEVELT ISLAND                               9301
    95.     WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
             DISTRICT OF COLUMBIA                                   9501

-End-

-CITE-
    40 USC PART A - GENERAL                                     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL

-HEAD-
                             PART A - GENERAL                         

-End-

-CITE-
    40 USC CHAPTER 31 - GENERAL                                 01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL

-HEAD-
                           CHAPTER 31 - GENERAL                       

-MISC1-
        SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS    
    Sec.                                                     
    3101.       Public buildings under control of Administrator of
                 General Services.                                    
    3102.       Naming or designating buildings.                      
    3103.       Admission of guide dogs or other service animals
                 accompanying individuals with disabilities.          
    3104.       Furniture for new buildings.                          
    3105.       Buildings not to be draped in mourning.               

                      SUBCHAPTER II - ACQUIRING LAND                  
    3111.       Approval of sufficiency of title prior to acquisition.
    3112.       Federal jurisdiction.                                 
    3113.       Acquisition by condemnation.                          
    3114.       Declaration of taking.                                
    3115.       Irrevocable commitment of Federal Government to pay
                 ultimate award when fixed.                           
    3116.       Interest as part of just compensation.                
    3117.       Exclusion of certain property by stipulation of
                 Attorney General.                                    
    3118.       Right of taking as addition to existing rights.       

                          SUBCHAPTER III - BONDS                      
    3131.       Bonds of contractors of public buildings or works.    
    3132.       Alternatives to payment bonds provided by Federal
                 Acquisition Regulation.                              
    3133.       Rights of persons furnishing labor or material.       
    3134.       Waivers for certain contracts.                        

                  SUBCHAPTER IV - WAGE RATE REQUIREMENTS              
    3141.       Definitions.                                          
    3142.       Rate of wages for laborers and mechanics.             
    3143.       Termination of work on failure to pay agreed wages.   
    3144.       Authority of Comptroller General to pay wages and list
                 contractors violating contracts.                     
    3145.       Regulations governing contractors and subcontractors. 
    3146.       Effect on other federal laws.                         
    3147.       Suspension of this subchapter during a national
                 emergency.                                           
    3148.       Application of this subchapter to certain contracts.  

                     SUBCHAPTER V - VOLUNTEER SERVICES                 
    3161.       Purpose.                                              
    3162.       Waiver for individuals who perform volunteer services.

                       SUBCHAPTER VI - MISCELLANEOUS                   
    3171.       Contract authority when appropriation is for less than
                 full amount.                                         
    3172.       Extension of state workers' compensation laws to
                 buildings, works, and property of the Federal
                 Government.                                          
    3173.       Working capital fund for blueprinting, photostating,
                 and duplicating services in General Services
                 Administration.                                      
    3174.       Operation of public utility communications services
                 serving governmental activities.                     
    3175.       Acceptance of gifts of property.                      
    3176.       Administrator of General Services to furnish services
                 in continental United States to international bodies.
    3177.       Use of photovoltaic energy in public buildings.(!1)    

-FOOTNOTE-
    (!1) Editorially supplied. Section 3177 added by Pub. L. 109-58
         without corresponding amendment of chapter analysis.

-End-

-CITE-
    40 USC SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC
           BUILDINGS                                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
        SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS    

-End-

-CITE-
    40 USC Sec. 3101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
    Sec. 3101. Public buildings under control of Administrator of
      General Services

-STATUTE-
      All public buildings outside of the District of Columbia and
    outside of military reservations purchased or erected out of any
    appropriation under the control of the Administrator of General
    Services, and the sites of the public buildings, are under the
    exclusive jurisdiction and control, and in the custody of, the
    Administrator. The Administrator may take possession of the
    buildings and assign and reassign rooms in the buildings to federal
    officials, clerks, and employees that the Administrator believes
    should be furnished with offices or rooms in the buildings.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3101           40:285.                 July 1, 1898, ch. 546, Sec.  
                                            1 (6th complete par. on p.  
                                            614), 30 Stat. 614.         
    --------------------------------------------------------------------

      The word "subtreasuries" in the 6th complete paragraph on p. 614
    of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is
    omitted because section 1 (words in par. under heading "Independent
    Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654)
    discontinued subtreasuries. The word "post-offices" in section 1 is
    omitted because section 1 of Executive Order No. 6166 (eff. June
    10, 1933) transferred administration of post office buildings to
    the Post Office Department. The words "courthouses, customhouses,
    appraiser's stores, barge offices, and other" are omitted as
    unnecessary. The words "or are in course of construction" are
    omitted as obsolete. The words "Administrator of General Services"
    are substituted for "Treasury Department" and "Secretary of the
    Treasury" [subsequently changed to "Federal Works Agency" and
    "Federal Works Administrator" because of sections 301 and 303,
    respectively, of Reorganization Plan No. I of 1939 (eff. July 1,
    1939, 53 Stat. 1426, 1427)] because of 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.

     PROHIBITION OF CIGARETTE SALES TO MINORS IN FEDERAL BUILDINGS AND
                                   LANDS
      Pub. L. 104-52, title VI, Sec. 636, Nov. 19, 1995, 109 Stat. 507,
    known as the "Prohibition of Cigarette Sales to Minors in Federal
    Buildings and Lands Act", required the Administrator of General
    Services and the head of each Federal agency to promulgate
    regulations, to be reported to Congress, prohibiting the sale of
    tobacco products in vending machines or distribution of free
    samples of tobacco products located in or around any Federal
    building under the jurisdiction of the Administrator or agency
    head, and provided that the appropriate congressional committees
    would promulgate regulations prohibiting tobacco sales in vending
    machines in certain congressional buildings.

-End-

-CITE-
    40 USC Sec. 3102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
    Sec. 3102. Naming or designating buildings

-STATUTE-
      The Administrator of General Services may name or otherwise
    designate any building under the custody and control of the General
    Services Administration, regardless of whether it was previously
    named by statute.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3102           40:298d.                June 16, 1949, ch. 218,      
                                            title IV, Sec. 410, 63 Stat.
                                            200; Pub. L. 85-542, July   
                                            18, 1958, 72 Stat. 399.     
    --------------------------------------------------------------------

      The words "notwithstanding any other provision of law" and
    "rename" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 3103                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
    Sec. 3103. Admission of guide dogs or other service animals
      accompanying individuals with disabilities

-STATUTE-
      (a) In General. - Guide dogs or other service animals
    accompanying individuals with disabilities and especially trained
    and educated for that purpose shall be admitted to any building or
    other property owned or controlled by the Federal Government on the
    same terms and conditions, and subject to the same regulations, as
    generally govern the admission of the public to the property. The
    animals are not permitted to run free or roam in a building or on
    the property and must be in guiding harness or on leash and under
    the control of the individual at all times while in a building or
    on the property.
      (b) Regulations. - The head of each department or other agency of
    the Government may prescribe regulations the individual considers
    necessary in the public interest to carry out this section as it
    applies to any building or other property subject to the
    individual's jurisdiction.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3103(a)        40:291 (1st             Dec. 10, 1941, ch. 563, 55   
                    sentence).              Stat. 796.                  
    3103(b)        40:291 (last                                         
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "Seeing-eye dogs or other" are
    omitted as unnecessary. The words "or other service animals" are
    added, and the words "individuals with disabilities" are
    substituted for "blind masters", because of section 504 of the
    Rehabilitation Act of 1973 (29 U.S.C. 794) and Part 39 of Title 28
    of the Code of Federal Regulations, which expanded the coverage of
    the source provision to all service animals and to all individuals
    with disabilities.

-End-

-CITE-
    40 USC Sec. 3104                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
    Sec. 3104. Furniture for new buildings

-STATUTE-
      Furniture for all new public buildings shall be acquired in
    accordance with plans and specifications approved by the
    Administrator of General Services.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3104           40:283.                 May 27, 1908, ch. 200 1      
                                            [sic] (7th complete par. on 
                                            p. 327), 35 Stat. 327.      
    --------------------------------------------------------------------

      The words "Administrator of General Services" are substituted for
    "Supervising Architect of the Treasury" [subsequently changed to
    "Secretary of the Treasury" because of section 1 of Executive Order
    No. 6166 (eff. June 10, 1933) and to "Federal Works Administrator"
    because of section 301 of Reorganization Plan No. I of 1939 (eff.
    July 1, 1939, 53 Stat. 1426)] because of 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.

-End-

-CITE-
    40 USC Sec. 3105                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

-HEAD-
    Sec. 3105. Buildings not to be draped in mourning

-STATUTE-
      No building owned, or used for public purposes, by the Federal
    Government shall be draped in mourning nor may public money be used
    for that purpose.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3105           40:286.                 Mar. 3, 1893, ch. 211, Sec.  
                                            3, 27 Stat. 715.            
    --------------------------------------------------------------------

      The words "On and after March 3, 1893" are omitted as obsolete.

-End-

-CITE-
    40 USC SUBCHAPTER II - ACQUIRING LAND                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
                      SUBCHAPTER II - ACQUIRING LAND                  

-End-

-CITE-
    40 USC Sec. 3111                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3111. Approval of sufficiency of title prior to acquisition

-STATUTE-
      (a) Approval of Attorney General Required. - Public money may not
    be expended to purchase land or any interest in land unless the
    Attorney General gives prior written approval of the sufficiency of
    the title to the land for the purpose for which the Federal
    Government is acquiring the property.
      (b) Delegation. - 
        (1) In general. - The Attorney General may delegate the
      responsibility under this section to other departments and
      agencies of the Government, subject to general supervision by the
      Attorney General and in accordance with regulations the Attorney
      General prescribes.
        (2) Request for opinion of attorney general. - A department or
      agency of the Government that has been delegated the
      responsibility to approve land titles under this section may
      request the Attorney General to render an opinion as to the
      validity of the title to any real property or interest in the
      property, or may request the advice or assistance of the Attorney
      General in connection with determinations as to the sufficiency
      of titles.

      (c) Payment of Expenses for Procuring Certificates of Title. -
    Except where otherwise authorized by law or provided by contract,
    the expenses of procuring certificates of titles or other evidences
    of title as the Attorney General may require may be paid out of the
    appropriations for the acquisition of land or out of the
    appropriations made for the contingencies of the acquiring
    department or agency of the Government.
      (d) Nonapplication. - This section does not affect any provision
    of law in effect on September 1, 1970, that is applicable to the
    acquisition of land or interests in land by the Tennessee Valley
    Authority.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3111(a)        40:255 (1st par.).      R.S. Sec. 355 (1st-5th       
                                            pars.); June 28, 1930, ch.  
                                            710, 46 Stat. 828; Feb. 1,  
                                            1940, ch. 18, 54 Stat. 19;  
                                            Oct. 9, 1940, ch. 793, 54   
                                            Stat. 1083; Pub. L. 91-393, 
                                            Sec. 1, Sept. 1, 1970, 84   
                                            Stat. 835.                  
    3111(b)        40:255 (2d, 3d                                       
                    pars.).                                             
    3111(c)        40:255 (4th par.).                                   
    3111(d)        40:255 (5th par.).                                   
    --------------------------------------------------------------------

      In subsection (d), the words "in any manner" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 3112                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3112. Federal jurisdiction

-STATUTE-
      (a) Exclusive Jurisdiction Not Required. - It is not required
    that the Federal Government obtain exclusive jurisdiction in the
    United States over land or an interest in land it acquires.
      (b) Acquisition and Acceptance of Jurisdiction. - When the head
    of a department, agency, or independent establishment of the
    Government, or other authorized officer of the department, agency,
    or independent establishment, considers it desirable, that
    individual may accept or secure, from the State in which land or an
    interest in land that is under the immediate jurisdiction, custody,
    or control of the individual is situated, consent to, or cession
    of, any jurisdiction over the land or interest not previously
    obtained. The individual shall indicate acceptance of jurisdiction
    on behalf of the Government by filing a notice of acceptance with
    the Governor of the State or in another manner prescribed by the
    laws of the State where the land is situated.
      (c) Presumption. - It is conclusively presumed that jurisdiction
    has not been accepted until the Government accepts jurisdiction
    over land as provided in this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3112(a)        40:255 (last par.       R.S. Sec. 355 (last par.);   
                    1st sentence words      June 28, 1930, ch. 710, 46  
                    before semicolon).      Stat. 828; Feb. 1, 1940, ch.
                                            18, 54 Stat. 19; Oct. 9,    
                                            1940, ch. 793, 54 Stat. 1083.
    3112(b)        40:255 (last par.                                    
                    1st sentence words                                  
                    after semicolon).                                   
    3112(c)        40:255 (last par.                                    
                    last sentence).                                     
    --------------------------------------------------------------------

      Subsection (a) is substituted for 40:255 (last par. 1st sentence
    words before semicolon) to eliminate unnecessary words.
      In subsection (b), the words "exclusive or partial" are omitted
    as unnecessary.

-End-

-CITE-
    40 USC Sec. 3113                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3113. Acquisition by condemnation

-STATUTE-
      An officer of the Federal Government authorized to acquire real
    estate for the erection of a public building or for other public
    uses may acquire the real estate for the Government by
    condemnation, under judicial process, when the officer believes
    that it is necessary or advantageous to the Government to do so.
    The Attorney General, on application of the officer, shall have
    condemnation proceedings begun within 30 days from receipt of the
    application at the Department of Justice.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3113           40:257.                 Aug. 1, 1888, ch. 728, Sec.  
                                            1, 25 Stat. 357; June 25,   
                                            1948, ch. 646, Sec. 6, 62   
                                            Stat. 986.                  
    --------------------------------------------------------------------

      The words "the Secretary of the Treasury or any other" are
    omitted as unnecessary. The reference to section 258 is omitted
    because 40:258 is superseded by rule 71A of the Federal Rules of
    Civil Procedure (28 App.: U.S.C.).

-End-

-CITE-
    40 USC Sec. 3114                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3114. Declaration of taking

-STATUTE-
      (a) Filing and Content. - In any proceeding in any court of the
    United States outside of the District of Columbia brought by and in
    the name of the United States and under the authority of the
    Federal Government to acquire land, or an easement or right of way
    in land, for the public use, the petitioner may file, with the
    petition or at any time before judgment, a declaration of taking
    signed by the authority empowered by law to acquire the land
    described in the petition, declaring that the land is taken for the
    use of the Government. The declaration of taking shall contain or
    have annexed to it - 
        (1) a statement of the authority under which, and the public
      use for which, the land is taken;
        (2) a description of the land taken that is sufficient to
      identify the land;
        (3) a statement of the estate or interest in the land taken for
      public use;
        (4) a plan showing the land taken; and
        (5) a statement of the amount of money estimated by the
      acquiring authority to be just compensation for the land taken.

      (b) Vesting of Title. - On filing the declaration of taking and
    depositing in the court, to the use of the persons entitled to the
    compensation, the amount of the estimated compensation stated in
    the declaration - 
        (1) title to the estate or interest specified in the
      declaration vests in the Government;
        (2) the land is condemned and taken for the use of the
      Government; and
        (3) the right to just compensation for the land vests in the
      persons entitled to the compensation.

      (c) Compensation. - 
        (1) Determination and award. - Compensation shall be determined
      and awarded in the proceeding and established by judgment. The
      judgment shall include interest, in accordance with section 3116
      of this title, on the amount finally awarded as the value of the
      property as of the date of taking and shall be awarded from that
      date to the date of payment. Interest shall not be allowed on as
      much of the compensation as has been paid into the court. Amounts
      paid into the court shall not be charged with commissions or
      poundage.
        (2) Order to pay. - On application of the parties in interest,
      the court may order that any part of the money deposited in the
      court be paid immediately for or on account of the compensation
      to be awarded in the proceeding.
        (3) Deficiency judgment. - If the compensation finally awarded
      is more than the amount of money received by any person entitled
      to compensation, the court shall enter judgment against the
      Government for the amount of the deficiency.

      (d) Authority of Court. - On the filing of a declaration of
    taking, the court - 
        (1) may fix the time within which, and the terms on which, the
      parties in possession shall be required to surrender possession
      to the petitioner; and
        (2) may make just and equitable orders in respect of
      encumbrances, liens, rents, taxes, assessments, insurance, and
      other charges.

      (e) Vesting Not Prevented or Delayed. - An appeal or a bond or
    undertaking given in a proceeding does not prevent or delay the
    vesting of title to land in the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1145.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3114(a)        40:258a (1st par.).     Feb. 26, 1931, ch. 307, Sec. 
                                            1, 46 Stat. 1421; Pub. L.   
                                            99-656, Sec. 1(1), Nov. 14, 
                                            1986, 100 Stat. 3668.       
    3114(b)        40:258a (2d par.                                     
                    1st sentence words                                  
                    before 1st                                          
                    semicolon).                                         
    3114(c)(1)     40:258a (2d par.                                     
                    1st sentence words                                  
                    after 1st                                           
                    semicolon, last                                     
                    sentence).                                          
    3114(c)(       40:258a (3d par.).                                   
     2), (3)                                                            
    3114(d)        40:258a (last par.).                                 
    3114(e)        40:258b.                Feb. 26, 1931, ch. 307, Sec. 
                                            2, 46 Stat. 1422.           
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "which has been
    or may be" are omitted as unnecessary.
      In subsection (b)(1), the words "said lands in fee simple
    absolute, or such less" are omitted as unnecessary.
      In subsection (b)(2), the words "deemed to be" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 3115                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3115. Irrevocable commitment of Federal Government to pay
      ultimate award when fixed

-STATUTE-
      (a) Requirement for Irrevocable Commitment. - Action under
    section 3114 of this title irrevocably committing the Federal
    Government to the payment of the ultimate award shall not be taken
    unless the head of the executive department or agency or bureau of
    the Government empowered to acquire the land believes that the
    ultimate award probably will be within any limits Congress
    prescribes on the price to be paid.
      (b) Authorized Purposes of Expenditures After Irrevocable
    Commitment Made. - When the Government has taken or may take title
    to real property during a condemnation proceeding and in advance of
    final judgment in the proceeding and has become irrevocably
    committed to pay the amount ultimately to be awarded as
    compensation, and the Attorney General believes that title to the
    property has been vested in the Government or that all persons
    having an interest in the property have been made parties to the
    proceeding and will be bound by the final judgment, the Government
    may expend amounts appropriated for that purpose to demolish
    existing structures on the property and to erect public buildings
    or public works on the property.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3115(a)        40:258c.                Feb. 26, 1931, ch. 307, Sec. 
                                            3, 46 Stat. 1422.           
    3115(b)        40:258e.                Feb. 26, 1931, ch. 307, Sec. 
                                            5, 46 Stat. 1422; Pub. L.   
                                            91-393, Sec. 4, Sept. 1,    
                                            1970, 84 Stat. 835.         
    --------------------------------------------------------------------

      In subsection (b), the words "possession of" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 3116                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3116. Interest as part of just compensation

-STATUTE-
      (a) Calculation. - The district court shall calculate interest
    required to be paid under this subchapter as follows:
        (1) Period of not more than one year. - Where the period for
      which interest is owed is not more than one year, interest shall
      be calculated from the date of taking at an annual rate equal to
      the weekly average one-year constant maturity Treasury yield, as
      published by the Board of Governors of the Federal Reserve
      System, for the calendar week preceding the date of taking.
        (2) Period of more than one year. - Where the period for which
      interest is owed is more than one year, interest for the first
      year shall be calculated in accordance with paragraph (1) and
      interest for each additional year shall be calculated on the
      amount by which the award of compensation is more than the
      deposit referred to in section 3114 of this title, plus accrued
      interest, at an annual rate equal to the weekly average one-year
      constant maturity Treasury yield, as published by the Board of
      Governors of the Federal Reserve System, for the calendar week
      preceding the beginning of each additional year.

      (b) Distribution of Notice of Rates. - The Director of the
    Administrative Office of the United States Courts shall distribute
    to all federal courts notice of the rates described in paragraphs
    (1) and (2) of subsection (a).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3116(a)        40:258e-1 (less         Feb. 26, 1931, ch. 307, Sec. 
                    last sentence).         6, as added Pub. L. 99-656, 
                                            Sec. 1(2), Nov. 14, 1986,   
                                            100 Stat. 3668; Pub. L.     
                                            106-554, Sec. 1(a)(7) [Sec. 
                                            307(a)], Dec. 21, 2000, 114 
                                            Stat. 2763A-635.            
    3116(b)        40:258e-1 (last                                      
                    sentence).                                          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3117                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3117. Exclusion of certain property by stipulation of Attorney
      General

-STATUTE-
      In any condemnation proceeding brought by or on behalf of the
    Federal Government, the Attorney General may stipulate or agree on
    behalf of the Government to exclude any part of the property, or
    any interest in the property, taken by or on behalf of the
    Government by a declaration of taking or otherwise.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3117           40:258f.                Oct. 21, 1942, ch. 618, 56   
                                            Stat. 797.                  
    --------------------------------------------------------------------

      The words "that may have been, or may be" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 3118                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER II - ACQUIRING LAND

-HEAD-
    Sec. 3118. Right of taking as addition to existing rights

-STATUTE-
      The right to take possession and title in advance of final
    judgment in condemnation proceedings as provided by section 3114 of
    this title is in addition to any right, power, or authority
    conferred by the laws of the United States or of a State,
    territory, or possession of the United States under which the
    proceeding may be conducted, and does not abrogate, limit, or
    modify that right, power, or authority.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3118           40:258d.                Feb. 26, 1931, ch. 307, Sec. 
                                            4, 46 Stat. 1422.           
    --------------------------------------------------------------------

      The words "State, territory, or possession of the United States"
    are substituted for "State or Territory" for consistency in the
    revised title and with other titles of the United States Code.

-End-

-CITE-
    40 USC SUBCHAPTER III - BONDS                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER III - BONDS

-HEAD-
                          SUBCHAPTER III - BONDS                      

-End-

-CITE-
    40 USC Sec. 3131                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER III - BONDS

-HEAD-
    Sec. 3131. Bonds of contractors of public buildings or works

-STATUTE-
      (a) Definition. - In this subchapter, the term "contractor" means
    a person awarded a contract described in subsection (b).
      (b) Type of Bonds Required. - Before any contract of more than
    $100,000 is awarded for the construction, alteration, or repair of
    any public building or public work of the Federal Government, a
    person must furnish to the Government the following bonds, which
    become binding when the contract is awarded:
        (1) Performance bond. - A performance bond with a surety
      satisfactory to the officer awarding the contract, and in an
      amount the officer considers adequate, for the protection of the
      Government.
        (2) Payment bond. - A payment bond with a surety satisfactory
      to the officer for the protection of all persons supplying labor
      and material in carrying out the work provided for in the
      contract for the use of each person. The amount of the payment
      bond shall equal the total amount payable by the terms of the
      contract unless the officer awarding the contract determines, in
      a writing supported by specific findings, that a payment bond in
      that amount is impractical, in which case the contracting officer
      shall set the amount of the payment bond. The amount of the
      payment bond shall not be less than the amount of the performance
      bond.

      (c) Coverage for Taxes in Performance Bond. - 
        (1) In general. - Every performance bond required under this
      section specifically shall provide coverage for taxes the
      Government imposes which are collected, deducted, or withheld
      from wages the contractor pays in carrying out the contract with
      respect to which the bond is furnished.
        (2) Notice. - The Government shall give the surety on the bond
      written notice, with respect to any unpaid taxes attributable to
      any period, within 90 days after the date when the contractor
      files a return for the period, except that notice must be given
      no later than 180 days from the date when a return for the period
      was required to be filed under the Internal Revenue Code of 1986
      (26 U.S.C. 1 et seq.).
        (3) Civil action. - The Government may not bring a civil action
      on the bond for the taxes - 
          (A) unless notice is given as provided in this subsection;
        and
          (B) more than one year after the day on which notice is
        given.

      (d) Waiver of Bonds for Contracts Performed in Foreign Countries.
    - A contracting officer may waive the requirement of a performance
    bond and payment bond for work under a contract that is to be
    performed in a foreign country if the officer finds that it is
    impracticable for the contractor to furnish the bonds.
      (e) Authority To Require Additional Bonds. - This section does
    not limit the authority of a contracting officer to require a
    performance bond or other security in addition to those, or in
    cases other than the cases, specified in subsection (b).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147; Pub. L. 109-284,
    Sec. 6(8), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3131(a)        40:270a(a) (words       Aug. 24, 1935, ch. 642, Sec. 
                    before cl. (1)          1(a)-(c), 49 Stat. 793; Pub.
                    related to              L. 95-585, Nov. 2, 1978, 92 
                    definition).            Stat. 2484; Pub. L. 103-355,
                                            title IV, Sec.              
                                            4104(b)(1)(B), Oct. 13,     
                                            1994, 108 Stat. 3342; Pub.  
                                            L. 106-49, Sec. 2(a), Aug.  
                                            17, 1999, 113 Stat. 231.    
                   40:270d.                Aug. 24, 1935, ch. 642, Sec. 
                                            4, 49 Stat. 794.            
    3131(b)        40:270a(a) (words                                    
                    before cl. (1)                                      
                    related to                                          
                    furnishing bond),                                   
                    (1), (2).                                           
                   40:270d-1.              Aug. 24, 1935, ch. 642, Sec. 
                                            5, as added Pub. L. 103-355,
                                            title IV, Sec.              
                                            4104(b)(1)(A), Oct. 13,     
                                            1994, 108 Stat. 3341.       
    3131(c)        40:270a(d).             Aug. 24, 1935, ch. 642, Sec. 
                                            1(d), as added Pub. L.      
                                            89-719, title I, Sec.       
                                            105(b), Nov. 2, 1966, 80    
                                            Stat. 1139.                 
    3131(d)        40:270a(b).                                          
    3131(e)        40:270a(c).                                          
    --------------------------------------------------------------------

      In subsection (a), the text of 40:270d is omitted because of 1:1.
      In subsections (b) and (c), the words "or sureties" are omitted
    because of 1:1.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (c)(2),
    is classified to Title 26, Internal Revenue Code.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-284 substituted "To" for "to" in
    heading.

-End-

-CITE-
    40 USC Sec. 3132                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER III - BONDS

-HEAD-
    Sec. 3132. Alternatives to payment bonds provided by Federal
      Acquisition Regulation

-STATUTE-
      (a) In General. - The Federal Acquisition Regulation shall
    provide alternatives to payment bonds as payment protections for
    suppliers of labor and materials under contracts referred to in
    section 3131(a) of this title that are more than $25,000 and not
    more than $100,000.
      (b) Responsibilities of Contracting Officer. - The contracting
    officer for a contract shall - 
        (1) select, from among the payment protections provided for in
      the Federal Acquisition Regulation pursuant to subsection (a),
      one or more payment protections which the offeror awarded the
      contract is to submit to the Federal Government for the
      protection of suppliers of labor and materials for the contract;
      and
        (2) specify in the solicitation of offers for the contract the
      payment protections selected.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3132           40:270a note.           Pub. L. 103-355, title IV,   
                                            Sec. 4104(b)(2), Oct. 13,   
                                            1994, 108 Stat. 3342.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3133                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER III - BONDS

-HEAD-
    Sec. 3133. Rights of persons furnishing labor or material

-STATUTE-
      (a) Right of Person Furnishing Labor or Material to Copy of Bond.
    - The department secretary or agency head of the contracting agency
    shall furnish a certified copy of a payment bond and the contract
    for which it was given to any person applying for a copy who
    submits an affidavit that the person has supplied labor or material
    for work described in the contract and payment for the work has not
    been made or that the person is being sued on the bond. The copy is
    prima facie evidence of the contents, execution, and delivery of
    the original. Applicants shall pay any fees the department
    secretary or agency head of the contracting agency fixes to cover
    the cost of preparing the certified copy.
      (b) Right To Bring a Civil Action. - 
        (1) In general. - Every person that has furnished labor or
      material in carrying out work provided for in a contract for
      which a payment bond is furnished under section 3131 of this
      title and that has not been paid in full within 90 days after the
      day on which the person did or performed the last of the labor or
      furnished or supplied the material for which the claim is made
      may bring a civil action on the payment bond for the amount
      unpaid at the time the civil action is brought and may prosecute
      the action to final execution and judgment for the amount due.
        (2) Person having direct contractual relationship with a
      subcontractor. - A person having a direct contractual
      relationship with a subcontractor but no contractual
      relationship, express or implied, with the contractor furnishing
      the payment bond may bring a civil action on the payment bond on
      giving written notice to the contractor within 90 days from the
      date on which the person did or performed the last of the labor
      or furnished or supplied the last of the material for which the
      claim is made. The action must state with substantial accuracy
      the amount claimed and the name of the party to whom the material
      was furnished or supplied or for whom the labor was done or
      performed. The notice shall be served - 
          (A) by any means that provides written, third-party
        verification of delivery to the contractor at any place the
        contractor maintains an office or conducts business or at the
        contractor's residence; or
          (B) in any manner in which the United States marshal of the
        district in which the public improvement is situated by law may
        serve summons.

        (3) Venue. - A civil action brought under this subsection must
      be brought - 
          (A) in the name of the United States for the use of the
        person bringing the action; and
          (B) in the United States District Court for any district in
        which the contract was to be performed and executed, regardless
        of the amount in controversy.

        (4) Period in which action must be brought. - An action brought
      under this subsection must be brought no later than one year
      after the day on which the last of the labor was performed or
      material was supplied by the person bringing the action.
        (5) Liability of federal government. - The Government is not
      liable for the payment of any costs or expenses of any civil
      action brought under this subsection.

      (c) Waiver of Right to Civil Action. - A waiver of the right to
    bring a civil action on a payment bond required under this
    subchapter is void unless the waiver is - 
        (1) in writing;
        (2) signed by the person whose right is waived; and
        (3) executed after the person whose right is waived has
      furnished labor or material for use in the performance of the
      contract.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109-284,
    Sec. 6(9), (10), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3133(a)        40:270c.                Aug. 24, 1935, ch. 642, Sec. 
                                            3, 49 Stat. 794; Pub. L.    
                                            86-135, Sec. 2, Aug. 4,     
                                            1959, 73 Stat. 279; Pub. L. 
                                            98-269, Apr. 18, 1984, 98   
                                            Stat. 156.                  
    3133(b)(       40:270b(a).             Aug. 24, 1935, ch. 642, Sec. 
     1), (2)                                2(a), (b), 49 Stat. 794;    
                                            Pub. L. 86-135, Sec. 1, Aug.
                                            4, 1959, 73 Stat. 279; Pub. 
                                            L. 106-49, Sec. 2(b), Aug.  
                                            17, 1999, 113 Stat. 231.    
    3133(b)(3)-    40:270b(b).                                          
     (5)                                                                
    3133(c)        40:270b(c).             Aug. 24, 1935, ch. 642, Sec. 
                                            2(c), as added Pub. L.      
                                            106-49, Sec. 2(c), Aug. 17, 
                                            1999, 113 Stat. 231.        
    --------------------------------------------------------------------

      In subsection (b)(1), the words "may bring a civil action" are
    substituted for "shall have the right to sue" for consistency in
    the revised title and with other titles of the United States Code.
    The words "or sums" are omitted because of 1:1.
      In subsection (b)(2), the words "to the contractor at any place
    he maintains an office or conducts his business, or his residence,
    or in any manner in which the United States marshal of the district
    in which the public improvement is situated is authorized by law to
    serve summons" are restated to reflect the probable intent of
    Congress. See H. Rept. 106-277, Part 1, 106th Cong., 1st Sess., pp.
    4, 7.
      In subsection (c), the words "bring a civil action" are
    substituted for "sue" for consistency in the revised title and with
    other titles of the United States Code.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284, Sec. 6(9), substituted "To"
    for "to" in heading.
      Subsec. (c). Pub. L. 109-284, Sec. 6(10), inserted heading.

-End-

-CITE-
    40 USC Sec. 3134                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER III - BONDS

-HEAD-
    Sec. 3134. Waivers for certain contracts

-STATUTE-
      (a) Military. - The Secretary of the Army, the Secretary of the
    Navy, the Secretary of the Air Force, or the Secretary of
    Transportation may waive this subchapter with respect to cost-plus-
    a-fixed fee and other cost-type contracts for the construction,
    alteration, or repair of any public building or public work of the
    Federal Government and with respect to contracts for manufacturing,
    producing, furnishing, constructing, altering, repairing,
    processing, or assembling vessels, aircraft, munitions, materiel,
    or supplies for the Army, Navy, Air Force, or Coast Guard,
    respectively, regardless of the terms of the contracts as to
    payment or title.
      (b) Transportation. - The Secretary of Transportation may waive
    this subchapter with respect to contracts for the construction,
    alteration, or repair of vessels when the contract is made under
    sections 1535 and 1536 of title 31, subtitle V of title 46, or the
    Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),
    regardless of the terms of the contracts as to payment or title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1149; Pub. L. 109-304,
    Sec. 17(g)(2), Oct. 6, 2006, 120 Stat. 1709.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3134(a)        40:270e.                Apr. 29, 1941, ch. 81, Sec.  
                                            1, 55 Stat. 147; June 3,    
                                            1955, ch. 129, 69 Stat. 83. 
    3134(b)        40:270f.                Apr. 29, 1941, ch. 81, Sec.  
                                            2, as added Pub. L. 91-469, 
                                            Sec. 39, Oct. 21, 1970, 84  
                                            Stat. 1036; Pub. L. 97-31,  
                                            Sec. 12(12), Aug. 6, 1981,  
                                            95 Stat. 154.               
    --------------------------------------------------------------------

      In subsection (a), the words "Secretary of Transportation" are
    substituted for "Secretary of Commerce" because of 49:108. The
    words "the manufacturing, producing, furnishing, construction,
    alteration, repair, processing, or assembling of" and "of any kind
    or nature" are omitted as unnecessary.
      In subsection (b), the words "of any kind or nature" are omitted
    as unnecessary. The words "sections 1535 and 1536 of title 31" are
    substituted for "the Act of June 30, 1932 (47 Stat. 382, 417-418),
    as amended [31 U.S.C. 686, 686b]" because of section 4(b) of the
    Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the
    first section of which enacted Title 31, United States Code.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Merchant Ship Sales Act of 1946, referred to in subsec. (b),
    is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is
    classified to sections 1735 to 1746 of Title 50, Appendix, War and
    National Defense. For complete classification of this Act to the
    Code, see Short Title note set out under section 1735 of Title 50,
    Appendix, and Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-304 substituted "subtitle V of
    title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101
    et seq.)".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    40 USC SUBCHAPTER IV - WAGE RATE REQUIREMENTS               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
                  SUBCHAPTER IV - WAGE RATE REQUIREMENTS              

-End-

-CITE-
    40 USC Sec. 3141                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3141. Definitions

-STATUTE-
      In this subchapter, the following definitions apply:
        (1) Federal government. - The term "Federal Government" has the
      same meaning that the term "United States" had in the Act of
      March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis-Bacon
      Act).
        (2) Wages, scale of wages, wage rates, minimum wages, and
      prevailing wages. - The terms "wages", "scale of wages", "wage
      rates", "minimum wages", and "prevailing wages" include - 
          (A) the basic hourly rate of pay; and
          (B) for medical or hospital care, pensions on retirement or
        death, compensation for injuries or illness resulting from
        occupational activity, or insurance to provide any of the
        forgoing, for unemployment benefits, life insurance, disability
        and sickness insurance, or accident insurance, for vacation and
        holiday pay, for defraying the costs of apprenticeship or other
        similar programs, or for other bona fide fringe benefits, but
        only where the contractor or subcontractor is not required by
        other federal, state, or local law to provide any of those
        benefits, the amount of - 
            (i) the rate of contribution irrevocably made by a
          contractor or subcontractor to a trustee or to a third person
          under a fund, plan, or program; and
            (ii) the rate of costs to the contractor or subcontractor
          that may be reasonably anticipated in providing benefits to
          laborers and mechanics pursuant to an enforceable commitment
          to carry out a financially responsible plan or program which
          was communicated in writing to the laborers and mechanics
          affected.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109-284,
    Sec. 6(11), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3141(1)        (no source).                                         
    3141(2)        40:276a(b) (1st         Mar. 3, 1931, ch. 411, Sec.  
                    par. words before       1(b) (1st par. words before 
                    proviso).               proviso), as added Pub. L.  
                                            88-349, Sec. 1, July 2,     
                                            1964, 78 Stat. 239.         
    --------------------------------------------------------------------

      Clause (1) is added for clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3,
    1931, ch. 411, 46 Stat. 1494, as amended, which was classified
    generally to sections 276a to 276a-5 of former Title 40, Public
    Buildings, Property, and Works, and was repealed and reenacted as
    sections 3141-3144, 3146, and 3147 of this title by Pub. L. 107-
    217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For
    complete classification of this Act to the Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Par. (1). Pub. L. 109-284 substituted "1494)" for "1494".

-End-

-CITE-
    40 USC Sec. 3142                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3142. Rate of wages for laborers and mechanics

-STATUTE-
      (a) Application. - The advertised specifications for every
    contract in excess of $2,000, to which the Federal Government or
    the District of Columbia is a party, for construction, alteration,
    or repair, including painting and decorating, of public buildings
    and public works of the Government or the District of Columbia that
    are located in a State or the District of Columbia and which
    requires or involves the employment of mechanics or laborers shall
    contain a provision stating the minimum wages to be paid various
    classes of laborers and mechanics.
      (b) Based on Prevailing Wage. - The minimum wages shall be based
    on the wages the Secretary of Labor determines to be prevailing for
    the corresponding classes of laborers and mechanics employed on
    projects of a character similar to the contract work in the civil
    subdivision of the State in which the work is to be performed, or
    in the District of Columbia if the work is to be performed there.
      (c) Stipulations Required in Contract. - Every contract based
    upon the specifications referred to in subsection (a) must contain
    stipulations that - 
        (1) the contractor or subcontractor shall pay all mechanics and
      laborers employed directly on the site of the work,
      unconditionally and at least once a week, and without subsequent
      deduction or rebate on any account, the full amounts accrued at
      time of payment, computed at wage rates not less than those
      stated in the advertised specifications, regardless of any
      contractual relationship which may be alleged to exist between
      the contractor or subcontractor and the laborers and mechanics;
        (2) the contractor will post the scale of wages to be paid in a
      prominent and easily accessible place at the site of the work;
      and
        (3) there may be withheld from the contractor so much of
      accrued payments as the contracting officer considers necessary
      to pay to laborers and mechanics employed by the contractor or
      any subcontractor on the work the difference between the rates of
      wages required by the contract to be paid laborers and mechanics
      on the work and the rates of wages received by the laborers and
      mechanics and not refunded to the contractor or subcontractors or
      their agents.

      (d) Discharge of Obligation. - The obligation of a contractor or
    subcontractor to make payment in accordance with the prevailing
    wage determinations of the Secretary of Labor, under this
    subchapter and other laws incorporating this subchapter by
    reference, may be discharged by making payments in cash, by making
    contributions described in section 3141(2)(B)(i) of this title, by
    assuming an enforceable commitment to bear the costs of a plan or
    program referred to in section 3141(2)(B)(ii) of this title, or by
    any combination of payment, contribution, and assumption, where the
    aggregate of the payments, contributions, and costs is not less
    than the basic hourly rate of pay plus the amount referred to in
    section 3141(2)(B) of this title.
      (e) Overtime Pay. - In determining the overtime pay to which a
    laborer or mechanic is entitled under any federal law, the regular
    or basic hourly rate of pay (or other alternative rate on which
    premium rate of overtime compensation is computed) of the laborer
    or mechanic is deemed to be the rate computed under section
    3141(2)(A) of this title, except that where the amount of payments,
    contributions, or costs incurred with respect to the laborer or
    mechanic exceeds the applicable prevailing wage, the regular or
    basic hourly rate of pay (or other alternative rate) is the amount
    of payments, contributions, or costs actually incurred with respect
    to the laborer or mechanic minus the greater of the amount of
    contributions or costs of the types described in section 3141(2)(B)
    of this title actually incurred with respect to the laborer or
    mechanic or the amount determined under section 3141(2)(B) of this
    title but not actually paid.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109-284,
    Sec. 6(12), (13), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3142(a),       40:276a(a) (words       Mar. 3, 1931, ch. 411, Sec.  
     (b)            before 1st              1(a), 46 Stat. 1494; Aug.   
                    semicolon).             30, 1935, ch. 825, 49 Stat. 
                                            1011; June 15, 1940, ch.    
                                            373, Sec. 1, 54 Stat. 399;  
                                            Pub. L. 86-624, Sec. 26,    
                                            July 12, 1960, 74 Stat. 418;
                                            Pub. L. 88-349, Sec. 1, July
                                            2, 1964, 78 Stat. 238.      
    3142(c)        40:276a(a) (words                                    
                    after 1st                                           
                    semicolon).                                         
    3142(d)        40:276a(b) (1st         Mar. 3, 1931, ch. 411, Sec.  
                    par. proviso).          1(b) (1st par. proviso, last
                                            par.), as added Pub. L.     
                                            88-349, Sec. 1, July 2,     
                                            1964, 78 Stat. 239.         
    3142(e)        40:276a(b) (last                                     
                    par.).                                              
    --------------------------------------------------------------------

      In subsection (a), the words "a State" are substituted for "the
    geographical limits of the States of the Union" for consistency in
    the revised title and with other titles of the United States Code
    and to eliminate unnecessary words.
      In subsection (b), the words "city, town, village, or other" are
    omitted as unnecessary.
      In subsection (d), the words "of a type" are omitted as
    unnecessary. The words "basic hourly rate of pay" are substituted
    for "rate of pay described in paragraph (1)" for clarity.

                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-284, Sec. 6(12), inserted "of
    this title" after "amount referred to in section 3141(2)(B)".
      Subsec. (e). Pub. L. 109-284, Sec. 6(13), inserted "of this
    title" after "determined under section 3141(2)(B)".

-End-

-CITE-
    40 USC Sec. 3143                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3143. Termination of work on failure to pay agreed wages

-STATUTE-
      Every contract within the scope of this subchapter shall contain
    a provision that if the contracting officer finds that any laborer
    or mechanic employed by the contractor or any subcontractor
    directly on the site of the work covered by the contract has been
    or is being paid a rate of wages less than the rate of wages
    required by the contract to be paid, the Federal Government by
    written notice to the contractor may terminate the contractor's
    right to proceed with the work or the part of the work as to which
    there has been a failure to pay the required wages. The Government
    may have the work completed, by contract or otherwise, and the
    contractor and the contractor's sureties shall be liable to the
    Government for any excess costs the Government incurs.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1151.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3143           40:276a-1.              Mar. 3, 1931, ch. 411, Sec.  
                                            2, 46 Stat. 1494; Aug. 30,  
                                            1935, ch. 825, 49 Stat. 1012.
    --------------------------------------------------------------------

      The words "The Government may have the work completed" are
    substituted for "and to prosecute the work to completion . . .
    thereby" for clarity.

-End-

-CITE-
    40 USC Sec. 3144                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3144. Authority of Comptroller General to pay wages and list
      contractors violating contracts

-STATUTE-
      (a) Payment of Wages. - 
        (1) In general. - The Comptroller General shall pay directly to
      laborers and mechanics from any accrued payments withheld under
      the terms of a contract any wages found to be due laborers and
      mechanics under this subchapter.
        (2) Right of action. - If the accrued payments withheld under
      the terms of the contract are insufficient to reimburse all the
      laborers and mechanics who have not been paid the wages required
      under this subchapter, the laborers and mechanics have the same
      right to bring a civil action and intervene against the
      contractor and the contractor's sureties as is conferred by law
      on persons furnishing labor or materials. In those proceedings it
      is not a defense that the laborers and mechanics accepted or
      agreed to accept less than the required rate of wages or
      voluntarily made refunds.

      (b) List of Contractors Violating Contracts. - 
        (1) In general. - The Comptroller General shall distribute to
      all departments of the Federal Government a list of the names of
      persons whom the Comptroller General has found to have
      disregarded their obligations to employees and subcontractors.
        (2) Restriction on awarding contracts. - No contract shall be
      awarded to persons appearing on the list or to any firm,
      corporation, partnership, or association in which the persons
      have an interest until three years have elapsed from the date of
      publication of the list.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3144(a)(1)     40:276a-2(a) (1st       Mar. 3, 1931, ch. 411, Sec.  
                    sentence words          3, 46 Stat. 1494; Aug. 30,  
                    before semicolon).      1935, ch. 825, 49 Stat. 1012.
    3144(a)(2)     40:276a-2(b).                                        
    3144(b)        40:276a-2(a) (1st                                    
                    sentence words                                      
                    after semicolon,                                    
                    last sentence).                                     
    --------------------------------------------------------------------

      In subsection (b), the words "or firms" are omitted as being
    included in "persons".

-End-

-CITE-
    40 USC Sec. 3145                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3145. Regulations governing contractors and subcontractors

-STATUTE-
      (a) In General. - The Secretary of Labor shall prescribe
    reasonable regulations for contractors and subcontractors engaged
    in constructing, carrying out, completing, or repairing public
    buildings, public works, or buildings or works that at least partly
    are financed by a loan or grant from the Federal Government. The
    regulations shall include a provision that each contractor and
    subcontractor each week must furnish a statement on the wages paid
    each employee during the prior week.
      (b) Application. - Section 1001 of title 18 applies to the
    statements.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3145(a)        40:276c (1st            June 13, 1934, ch. 482, Sec. 
                    sentence).              2, 48 Stat. 948; May 24,    
                                            1949, ch. 139, Sec. 134, 63 
                                            Stat. 108; Pub. L. 85-800,  
                                            Sec. 12, Aug. 28, 1958, 72  
                                            Stat. 967.                  
    3145(b)        40:276c (last                                        
                    sentence).                                          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3146                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3146. Effect on other federal laws

-STATUTE-
      This subchapter does not supersede or impair any authority
    otherwise granted by federal law to provide for the establishment
    of specific wage rates.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3146           40:276a-3.              Mar. 3, 1931, ch. 411, Sec.  
                                            4, 46 Stat. 1494; Aug. 30,  
                                            1935, ch. 825, 49 Stat. 1012.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3147                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3147. Suspension of this subchapter during a national
      emergency

-STATUTE-
      The President may suspend the provisions of this subchapter
    during a national emergency.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3147           40:276a-5.              Mar. 3, 1931, ch. 411, Sec.  
                                            6, 46 Stat. 1494; Aug. 30,  
                                            1935, ch. 825, 49 Stat. 1013.
    --------------------------------------------------------------------

                    TERMINATION OF WAR AND EMERGENCIES                
      Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
    that in the interpretation of former 40 U.S.C. 276a-5, the date
    July 25, 1947, was to be deemed to be the date of termination of
    any state of war theretofore declared by Congress and of the
    national emergencies proclaimed by the President on September 8,
    1939, and May 27, 1941.

-End-

-CITE-
    40 USC Sec. 3148                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER IV - WAGE RATE REQUIREMENTS

-HEAD-
    Sec. 3148. Application of this subchapter to certain contracts

-STATUTE-
      This subchapter applies to a contract authorized by law that is
    made without regard to section 3709 of the Revised Statutes (41
    U.S.C. 5), or on a cost-plus-a-fixed-fee basis or otherwise without
    advertising for proposals, if this subchapter otherwise would apply
    to the contract.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3148           40:276a-7.              Mar. 23, 1941, ch. 26 (last  
                                            proviso in 5th complete par.
                                            on p. 53), 55 Stat. 53; Aug.
                                            21, 1941, ch. 395 (last     
                                            proviso in 14th par. on p.  
                                            664), 55 Stat. 664.         
    --------------------------------------------------------------------

      The words "this subchapter" are substituted for "such Act" to
    correct the reference as stated in 40:276a-7.

-End-

-CITE-
    40 USC SUBCHAPTER V - VOLUNTEER SERVICES                    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER V - VOLUNTEER SERVICES

-HEAD-
                     SUBCHAPTER V - VOLUNTEER SERVICES                 

-End-

-CITE-
    40 USC Sec. 3161                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER V - VOLUNTEER SERVICES

-HEAD-
    Sec. 3161. Purpose

-STATUTE-
      It is the purpose of this subchapter to promote and provide
    opportunities for individuals who wish to volunteer their services
    to state or local governments, public agencies, or nonprofit
    charitable organizations in the construction, repair, or alteration
    (including painting and decorating) of public buildings and public
    works that at least partly are financed with federal financial
    assistance authorized under certain federal programs and that
    otherwise might not be possible without the use of volunteers.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3161           40:276d.                Pub. L. 103-355, title VII,  
                                            Sec. 7302, Oct. 13, 1994,   
                                            108 Stat. 3382.             
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3162                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER V - VOLUNTEER SERVICES

-HEAD-
    Sec. 3162. Waiver for individuals who perform volunteer services

-STATUTE-
      (a) Criteria for Receiving Waiver. - The requirement that certain
    laborers and mechanics be paid in accordance with the wage-setting
    provisions of subchapter IV of this chapter as set forth in the
    Indian Self-Determination and Education Assistance Act (25 U.S.C.
    450 et seq.), the Indian Health Care Improvement Act (25 U.S.C.
    1601 et seq.), and the Housing and Community Development Act of
    1974 (42 U.S.C. 5301 et seq.) does not apply to an individual - 
        (1) who volunteers to perform a service directly to a state or
      local government, a public agency, or a public or private
      nonprofit recipient of federal assistance - 
          (A) for civic, charitable, or humanitarian reasons;
          (B) only for the personal purpose or pleasure of the
        individual;
          (C) without promise, expectation, or receipt of compensation
        for services rendered, except as provided in subsection (b);
        and
          (D) freely and without pressure or coercion, direct or
        implied, from any employer;

        (2) whose contribution of service is not for the direct or
      indirect benefit of any contractor otherwise performing or
      seeking to perform work on the same project for which the
      individual is volunteering;
        (3) who is not employed by and does not provide services to a
      contractor or subcontractor at any time on the federally assisted
      or insured project for which the individual is volunteering; and
        (4) who otherwise is not employed by the same public agency or
      recipient of federal assistance to perform the same type of
      services as those for which the individual proposes to volunteer.

      (b) Payments. - 
        (1) In accordance with regulations. - Volunteers described in
      subsection (a) who are performing services directly to a state or
      local government or public agency may receive payments of
      expenses, reasonable benefits, or a nominal fee only in
      accordance with regulations the Secretary of Labor prescribes.
      Volunteers who are performing services directly to a public or
      private nonprofit entity may not receive those payments.
        (2) Criteria and content of regulations. - In prescribing the
      regulations, the Secretary shall consider criteria such as the
      total amount of payments made (relating to expenses, benefits, or
      fees) in the context of the economic realities. The regulations
      shall include provisions that provide that - 
          (A) a payment for an expense may be received by a volunteer
        for items such as uniform allowances, protective gear and
        clothing, reimbursement for approximate out-of-pocket expenses,
        or the cost or expense of meals and transportation;
          (B) a reasonable benefit may include the inclusion of a
        volunteer in a group insurance plan (such as a liability,
        health, life, disability, or worker's compensation plan) or
        pension plan, or the awarding of a length of service award; and
          (C) a nominal fee may not be used as a substitute for
        compensation and may not be connected to productivity.

        (3) Nominal fee. - The Secretary shall decide what constitutes
      a nominal fee for purposes of paragraph (2)(C). The decision
      shall be based on the context of the economic realities of the
      situation involved.

      (c) Economic Reality. - In determining whether an expense,
    benefit, or fee described in subsection (b) may be paid to
    volunteers in the context of the economic realities of the
    particular situation, the Secretary may not permit any expense,
    benefit, or fee that has the effect of undermining labor standards
    by creating downward pressure on prevailing wages in the local
    construction industry.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3162(a)        40:276d-1(a).           Pub. L. 103-355, title VII,  
                                            Secs. 7303, 7304, Oct. 13,  
                                            1994, 108 Stat. 3382.       
                   40:276d-2.                                           
                   40:276d-3.              Pub. L. 103-355, title VII,  
                                            Sec. 7305, Oct. 13, 1994,   
                                            108 Stat. 3384; Pub. L.     
                                            104-208, div. A, Sec. 101(e)
                                            [title VII, Sec. 709(a)(4)],
                                            Sept. 30, 1996, 110 Stat.   
                                            3009-312.                   
    3162(b)        40:276d-1(b).                                        
    3162(c)        40:276d-1(c).                                        
    --------------------------------------------------------------------

      In subsection (a), the references to sections 254b and 254c of
    title 42 in 40:276d-3 are omitted. Sections 329 and 330 of the
    Public Health Service Act were omitted in the general amendment of
    subpart I of part D of title III of the Act (42:254b et seq.) by
    sections 2 and 3(a) of the Health Care Consolidation Act of 1996
    (Public Law 104-299, 110 Stat. 3626), which enacted new sections
    330 and 330A of the Public Health Service Act. Sections 330 and
    330A do not refer to the Act of March 3, 1931 (ch. 411, 46 Stat.
    1494).
      In subsection (b)(1), the words "Volunteers who are performing
    services directly to a public or private nonprofit entity may not
    receive those payments" are added for clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,
    Indians. For complete classification of this Act to the Code, see
    Short Title note set out under section 450 of Title 25 and Tables.
      The Indian Health Care Improvement Act, referred to in subsec.
    (a), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended,
    which is classified principally to chapter 18 (Sec. 1601 et seq.)
    of Title 25, Indians. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of Title
    25 and Tables.
      The Housing and Community Development Act of 1974, referred to in
    subsec. (a), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 5301 of Title 42 and Tables.

-End-

-CITE-
    40 USC SUBCHAPTER VI - MISCELLANEOUS                        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER VI - MISCELLANEOUS                   

-End-

-CITE-
    40 USC Sec. 3171                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3171. Contract authority when appropriation is for less than
      full amount

-STATUTE-
      Unless specifically directed otherwise, the Administrator of
    General Services may make a contract within the full limit of the
    cost fixed by Congress for the acquisition of land for sites, or
    for the enlargement of sites, for public buildings, or for the
    erection, remodeling, extension, alteration, and repairs of public
    buildings, even though an appropriation is made for only part of
    the amount necessary to carry out legislation authorizing that
    purpose.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1154.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3171           40:261.                 May 30, 1908, ch. 228, Sec.  
                                            34, 35 Stat. 545.           
    --------------------------------------------------------------------

      The words "On and after May 30, 1908" are omitted as obsolete.
    The words "Administrator of General Services" are substituted for
    "Secretary of the Treasury" [subsequently changed to "Federal Works
    Administrator" because of section 303 of Reorganization Plan No. I
    of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of 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.

-End-

-CITE-
    40 USC Sec. 3172                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3172. Extension of state workers' compensation laws to
      buildings, works, and property of the Federal Government

-STATUTE-
      (a) Authorization of Extension. - The state authority charged
    with enforcing and requiring compliance with the state workers'
    compensation laws and with the orders, decisions, and awards of the
    authority may apply the laws to all land and premises in the State
    which the Federal Government owns or holds by deed or act of
    cession, and to all projects, buildings, constructions,
    improvements, and property in the State and belonging to the
    Government, in the same way and to the same extent as if the
    premises were under the exclusive jurisdiction of the State in
    which the land, premises, projects, buildings, constructions,
    improvements, or property are located.
      (b) Limitation on Relinquishing Jurisdiction. - The Government
    under this section does not relinquish its jurisdiction for any
    other purpose.
      (c) Nonapplication. - This section does not modify or amend
    subchapter I of chapter 81 of title 5.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1154.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3172(a)        40:290 (1st par.,       June 25, 1936, ch. 822, 49   
                    last par. words         Stat. 1938.                 
                    before 1st proviso).                                 
    3172(b)        40:290 (last par.                                    
                    1st proviso).                                       
    3172(c)        40:290 (last par.                                    
                    last proviso).                                      
    --------------------------------------------------------------------

      In subsection (a), the words "by purchase or otherwise" and
    40:290(last par. words before 1st proviso) are omitted as
    unnecessary.
      Subsection (b) is substituted for 40:290(last par. 1st proviso)
    to eliminate unnecessary words.
      In subsection (c), the words "subchapter I of chapter 81 of title
    5" are substituted for "the United States Employees' Compensation
    Act as amended from time to time (Act of September 7, 1916, 39
    Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)"
    because of section 7(b) of the Act of September 6, 1966 (Public Law
    89-554, 80 Stat. 631), the first section of which enacted Title 5,
    United States Code.

-End-

-CITE-
    40 USC Sec. 3173                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3173. Working capital fund for blueprinting, photostating, and
      duplicating services in General Services Administration

-STATUTE-
      (a) Establishment and Purpose. - There is a working capital fund
    for the payment of salaries and other expenses necessary to the
    operation of a central blue-printing, photostating, and duplicating
    service.
      (b) Components. - The fund consists of - 
        (1) $50,000 without fiscal year limitation; and
        (2) reimbursements from available amounts of constituents of
      the Administrator of General Services, or of any other federal
      agency for which services are performed, at rates to be
      determined by the Administrator on the basis of estimated or
      actual charges for personal services, material, equipment
      (including maintenance, repair, and depreciation on existing and
      new equipment) and other expenses, to ensure continuous
      operation.

      (c) Deposit of Excess Amounts in the Treasury. - At the close of
    each fiscal year any excess amount resulting from operation of the
    service, after adequately providing for the replacement of
    mechanical and other equipment and for accrued annual leave of
    employees engaged in this work by the establishment of reserves for
    those purposes, shall be deposited in the Treasury as miscellaneous
    receipts.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3173(a),       40:293 (words           May 3, 1945, ch. 106, title  
     (b)            before proviso).        I, 101 (2d complete par. on 
                                            p. 115), 59 Stat. 115.      
    3173(c)        40:293 (proviso).                                    
    --------------------------------------------------------------------

      In subsection (b)(2), the words "Administrator of General
    Services" are substituted for "Federal Works Agency" and "Public
    Buildings Administration" because of 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.

-End-

-CITE-
    40 USC Sec. 3174                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3174. Operation of public utility communications services
      serving governmental activities

-STATUTE-
      The Administrator of General Services may provide and operate
    public utility communications services serving any governmental
    activity when the services are economical and in the interest of
    the Federal Government. This section does not apply to
    communications systems for handling messages of a confidential or
    secret nature, the operation of cryptographic equipment or
    transmission of secret, security, or coded messages, or buildings
    operated or occupied by the United States Postal Service, except on
    request of the department or agency concerned.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3174           40:295.                 June 14, 1946, ch. 404, Sec. 
                                            7, 60 Stat. 258.            
    --------------------------------------------------------------------

      The words "Administrator of General Services" are substituted for
    "Commissioner of Public Buildings" because of 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. The words "in and outside the District of Columbia"
    are omitted as unnecessary. The words "United States Postal
    Service" are substituted for "Post Office Department" because of
    section 6(o) of the Postal Reorganization Act (Public Law 91-375,
    84 Stat. 783).

-End-

-CITE-
    40 USC Sec. 3175                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3175. Acceptance of gifts of property

-STATUTE-
      The Administrator of General Services, and the United States
    Postal Service where that office is concerned, may accept on behalf
    of the Federal Government unconditional gifts of property in aid of
    any project or function within their respective jurisdictions.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3175           40:298a.                June 16, 1949, ch. 218,      
                                            title IV, Sec. 404, 63 Stat.
                                            199.                        
    --------------------------------------------------------------------

      The words "Administrator of General Services" are substituted for
    "Federal Works Administrator" because of 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. The words "United States Postal Service" are
    substituted for "Postmaster General" because of section 6(o) of the
    Postal Reorganization Act (Public Law 91-375, 84 Stat. 783). The
    words "real, personal, or other" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 3176                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3176. Administrator of General Services to furnish services in
      continental United States to international bodies

-STATUTE-
      Sections 1535 and 1536 of title 31 are extended so that the
    Administrator of General Services, at the request of the Secretary
    of State, may furnish services in the continental United States, on
    a reimbursable basis, to any international body with which the
    Federal Government is affiliated.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1156.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3176           40:298b.                June 16, 1949, ch. 218,      
                                            title IV, Sec. 405, 63 Stat.
                                            199.                        
    --------------------------------------------------------------------

      The words "Sections 1535 and 1536 of title 31" are substituted
    for "section 601 of the Economy Act, approved June 30, 1932, as
    amended" because of section 4(b) of the Act of September 13, 1982
    (Public Law 97-258, 96 Stat. 1067), the first section of which
    enacted Title 31, United States Code. The words "Administrator of
    General Services" are substituted for "Public Buildings
    Administration" because of 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.
    The words "Secretary of State" are substituted for "State
    Department" because of 22:2651.

-End-

-CITE-
    40 USC Sec. 3177                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 31 - GENERAL
    SUBCHAPTER VI - MISCELLANEOUS

-HEAD-
    Sec. 3177. Use of photovoltaic energy in public buildings

-STATUTE-
      (a) Photovoltaic Energy Commercialization Program. - 
        (1) In general. - The Administrator of General Services may
      establish a photovoltaic energy commercialization program for the
      procurement and installation of photovoltaic solar electric
      systems for electric production in new and existing public
      buildings.
        (2) Purposes. - The purposes of the program shall be to
      accomplish the following:
          (A) To accelerate the growth of a commercially viable
        photovoltaic industry to make this energy system available to
        the general public as an option which can reduce the national
        consumption of fossil fuel.
          (B) To reduce the fossil fuel consumption and costs of the
        Federal Government.
          (C) To attain the goal of installing solar energy systems in
        20,000 Federal buildings by 2010, as contained in the Federal
        Government's Million Solar Roof Initiative of 1997.
          (D) To stimulate the general use within the Federal
        Government of life-cycle costing and innovative procurement
        methods.
          (E) To develop program performance data to support policy
        decisions on future incentive programs with respect to energy.

        (3) Acquisition of photovoltaic solar electric systems. - 
          (A) In general. - The program shall provide for the
        acquisition of photovoltaic solar electric systems and
        associated storage capability for use in public buildings.
          (B) Acquisition levels. - The acquisition of photovoltaic
        electric systems shall be at a level substantial enough to
        allow use of low-cost production techniques with at least 150
        megawatts (peak) cumulative acquired during the 5 years of the
        program.

        (4) Administration. - The Administrator shall administer the
      program and shall - 
          (A) issue such rules and regulations as may be appropriate to
        monitor and assess the performance and operation of
        photovoltaic solar electric systems installed pursuant to this
        subsection;
          (B) develop innovative procurement strategies for the
        acquisition of such systems; and
          (C) transmit to Congress an annual report on the results of
        the program.

      (b) Photovoltaic Systems Evaluation Program. - 
        (1) In general. - Not later than 60 days after the date of
      enactment of this section, the Administrator shall establish a
      photovoltaic solar energy systems evaluation program to evaluate
      such photovoltaic solar energy systems as are required in public
      buildings.
        (2) Program requirement. - In evaluating photovoltaic solar
      energy systems under the program, the Administrator shall ensure
      that such systems reflect the most advanced technology.

      (c) Authorization of Appropriations. - 
        (1) Photovoltaic energy commercialization program. - There are
      authorized to be appropriated to carry out subsection (a)
      $50,000,000 for each of fiscal years 2006 through 2010. Such sums
      shall remain available until expended.
        (2) Photovoltaic systems evaluation program. - There are
      authorized to be appropriated to carry out subsection (b)
      $10,000,000 for each of fiscal years 2006 through 2010. Such sums
      shall remain available until expended.

-SOURCE-
    (Added Pub. L. 109-58, title II, Sec. 204(a), Aug. 8, 2005, 119
    Stat. 653.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (b)(1), is the date of enactment of Pub. L. 109-58, which was
    approved Aug. 8, 2005.

-End-

-CITE-
    40 USC CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND
           ALTERATION                                      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
          CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION      

-MISC1-
    Sec.                                                     
    3301.       Definitions and nonapplication.                       
    3302.       Prohibition on construction of buildings except by
                 Administrator of General Services.                   
    3303.       Continuing investigation and survey of public
                 buildings.                                           
    3304.       Acquisition of buildings and sites.                   
    3305.       Construction and alteration of buildings.             
    3306.       Accommodating federal agencies.                       
    3307.       Congressional approval of proposed projects.          
    3308.       Architectural or engineering services.                
    3309.       Buildings and sites in the District of Columbia.      
    3310.       Special rules for leased buildings.                   
    3311.       State administration of criminal and health and safety
                 laws.                                                
    3312.       Compliance with nationally recognized codes.          
    3313.       Delegation.                                           
    3314.       Report to Congress.                                   
    3315.       Certain authority not affected.                       

-End-

-CITE-
    40 USC Sec. 3301                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3301. Definitions and nonapplication

-STATUTE-
      (a) Definitions. - In this chapter - 
        (1) Alter. - The term "alter" includes - 
          (A) preliminary planning, engineering, architectural, legal,
        fiscal, and economic investigations and studies, surveys,
        designs, plans, working drawings, specifications, procedures,
        and other similar actions necessary for the alteration of a
        public building; and
          (B) repairing, remodeling, improving, or extending, or other
        changes in, a public building.

        (2) Construct. - The term "construct" includes preliminary
      planning, engineering, architectural, legal, fiscal, and economic
      investigations and studies, surveys, designs, plans, working
      drawings, specifications, procedures, and other similar actions
      necessary for the construction of a public building.
        (3) Executive agency. - The term "executive agency" means an
      executive department or independent establishment in the
      executive branch of the Federal Government, including - 
          (A) any wholly owned Government corporation;
          (B) the Central-Bank for Cooperatives and the regional banks
        for cooperatives;
          (C) federal land banks;
          (D) federal intermediate credit banks;
          (E) the Federal Deposit Insurance Corporation; and
          (F) the Government National Mortgage Association.

        (4) 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).
        (5) Public building. - The term "public building" - 
          (A) means a building, whether for single or multitenant
        occupancy, and its grounds, approaches, and appurtenances,
        which is generally suitable for use as office or storage space
        or both by one or more federal agencies or mixed-ownership
        Government corporations;
          (B) includes - 
            (i) federal office buildings;
            (ii) post offices;
            (iii) customhouses;
            (iv) courthouses;
            (v) appraisers stores;
            (vi) border inspection facilities;
            (vii) warehouses;
            (viii) record centers;
            (ix) relocation facilities;
            (x) telecommuting centers;
            (xi) similar federal facilities; and
            (xii) any other buildings or construction projects the
          inclusion of which the President considers to be justified in
          the public interest; but

          (C) does not include a building or construction project
        described in subparagraphs (A) and (B) - 
            (i) that is on the public domain (including that reserved
          for national forests and other purposes);
            (ii) that is on property of the Government in foreign
          countries;
            (iii) that is on Indian and native Eskimo property held in
          trust by the Government;
            (iv) that is on land used in connection with federal
          programs for agricultural, recreational, and conservation
          purposes, including research in connection with the programs;
            (v) that is on or used in connection with river, harbor,
          flood control, reclamation or power projects, for chemical
          manufacturing or development projects, or for nuclear
          production, research, or development projects;
            (vi) that is on or used in connection with housing and
          residential projects;
            (vii) that is on military installations (including any
          fort, camp, post, naval training station, airfield, proving
          ground, military supply depot, military school, or any
          similar facility of the Department of Defense);
            (viii) that is on installations of the Department of
          Veterans Affairs used for hospital or domiciliary purposes;
          or
            (ix) the exclusion of which the President considers to be
          justified in the public interest.

        (6) United states. - The term "United States" includes the
      States of the United States, the District of Columbia, Puerto
      Rico, and the territories and possessions of the United States.

      (b) Nonapplication. - This chapter does not apply to the
    construction of any public building to which section 241(g) of the
    Immigration and Nationality Act (8 U.S.C. 1231(g)) or section 1 of
    the Act of June 26, 1930 (19 U.S.C. 68) applies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1156.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3301(a)(1)     40:612(2), (5), (6).    Pub. L. 86-249, Sec. 13,     
                                            Sept. 9, 1959, 73 Stat. 482;
                                            Pub. L. 90-448, title VIII, 
                                            Sec. 807(f), Aug. 1, 1968,  
                                            82 Stat. 544; Pub. L.       
                                            101-73, title VII, Sec.     
                                            744(g), Aug. 9, 1989, 103   
                                            Stat. 438; Pub. L. 102-54,  
                                            Sec. 13(o), June 13, 1991,  
                                            105 Stat. 278; Pub. L.      
                                            104-208, div. A, title I,   
                                            Sec. 101(f) [title IV, Sec. 
                                            407(b)], Sept. 30, 1996, 110
                                            Stat. 3009-338.             
                   40:612a(1).             Pub. L. 94-541, title I,     
                                            Sec. 105(1), (2), Oct. 18,  
                                            1976, 90 Stat. 2507.        
    3301(a)(2)     40:612(6).                                           
    3301(a)(3)     40:612(4).                                           
    3301(a)(4)     40:612(3).                                           
                   40:612a(2).                                          
    3301(a)(5)     40:612(1).                                           
                   40:612a(2).                                          
    3301(a)(6)     40:612(7).                                           
    3301(b)        40:613.                 Pub. L. 86-249, Sec. 14,     
                                            Sept. 9, 1959, 73 Stat. 483.
    --------------------------------------------------------------------

      In subsection (a), the text of 40:612(2) and 612a(1) is omitted
    because the complete name of the Administrator of General Services
    is used the first time the term appears in a section. In clause
    (5)(A), the words "mixed-ownership Government corporation" are
    substituted for "mixed ownership corporation" for consistency with
    31:9101. In clause (5)(B) and (C), the words "from time to time
    hereafter" are omitted as unnecessary. In clause (6), 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 text of 40:613(1)-(3) is omitted as
    obsolete. The reference is to section 241(g) of the Immigration and
    Nationality Act rather than to section 242(c) to reflect the
    amendment of sections 241 and 242 by sections 305(a)(3) and
    306(a)(2) of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (Public Law 104-208, div. C, 110 Stat.
    3009-598, 3009-607).

-End-

-CITE-
    40 USC Sec. 3302                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3302. Prohibition on construction of buildings except by
      Administrator of General Services

-STATUTE-
      Only the Administrator of General Services may construct a public
    building. The Administrator shall construct a public building in
    accordance with this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3302           40:601.                 Pub. L. 86-249, Sec. 2,      
                                            Sept. 9, 1959, 73 Stat. 479.
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3303                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3303. Continuing investigation and survey of public buildings

-STATUTE-
      (a) Conducted by Administrator. - The Administrator of General
    Services shall - 
        (1) make a continuing investigation and survey of the public
      buildings needs of the Federal Government so that the
      Administrator may carry out the duties of the Administrator under
      this chapter; and
        (2) submit to Congress prospectuses of proposed projects in
      accordance with section 3307(a) and (b) of this title.

      (b) Cooperation with Federal Agencies. - 
        (1) Duties of administrator. - In carrying out the duties of
      the Administrator under this chapter, the Administrator - 
          (A) shall cooperate with all federal agencies in order to
        keep informed of their needs;
          (B) shall advise each federal agency of the program with
        respect to the agency; and
          (C) may request the cooperation and assistance of each
        federal agency in carrying out duties under this chapter.

        (2) Duty of federal agencies. - Each federal agency shall
      cooperate with, advise, and assist the Administrator in carrying
      out the duties of the Administrator under this chapter as
      determined necessary by the Administrator to carry out the
      purposes of this chapter.

      (c) Request for Identification of Existing Buildings of
    Historical, Architectural, or Cultural Significance. - When the
    Administrator undertakes a survey of the public buildings needs of
    the Government within a geographical area, the Administrator shall
    request that, within 60 days, the Advisory Council on Historic
    Preservation established by title II of the National Historic
    Preservation Act (16 U.S.C. 470i et seq.) identify any existing
    buildings in the geographical area that - 
        (1) are of historical, architectural, or cultural significance
      (as defined in section 3306(a) of this title); and
        (2) whether or not in need of repair, alteration, or addition,
      would be suitable for acquisition to meet the public buildings
      needs of the Government.

      (d) Standard for Construction and Acquisition of Public
    Buildings. - In carrying out the duties of the Administrator under
    this chapter, the Administrator shall provide for the construction
    and acquisition of public buildings equitably throughout the United
    States with due regard to the comparative urgency of the need for
    each particular building. In developing plans for new buildings,
    the Administrator shall give due consideration to excellence of
    architecture and design.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3303(a)        40:611(a).              Pub. L. 86-249, Sec. 12(a),  
                                            (b), (d), Sept. 9, 1959, 73 
                                            Stat. 482; Pub. L. 92-313,  
                                            Sec. 2(2), (3), June 16,    
                                            1972, 86 Stat. 216; Pub. L. 
                                            94-541, title I, Sec.       
                                            103(3), Oct. 18, 1976, 90   
                                            Stat. 2506.                 
    3303(b)        40:611(b).                                           
    3303(c)        40:611(c).              Pub. L. 86-249, Sec. 12(c),  
                                            as added Pub. L. 94-541,    
                                            title I, Sec. 103(3), Oct.  
                                            18, 1976, 90 Stat. 2506.    
    3303(d)        40:611(d).                                           
    --------------------------------------------------------------------

      In subsection (c)(1), the word "historical" is substituted for
    "historic" to conform to the defined term.
      In subsection (c)(2), the word "purchase" is omitted as being
    included in ["]'acquisition".

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Historic Preservation Act, referred to in subsec.
    (c), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended.
    Title II of the Act is classified generally to sections 470i to
    470v of Title 16, Conservation. For complete classification of this
    Act to the Code, see section 470 of Title 16 and Tables.

-End-

-CITE-
    40 USC Sec. 3304                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3304. Acquisition of buildings and sites

-STATUTE-
      (a) In General. - The Administrator of General Services may
    acquire, by purchase, condemnation, donation, exchange, or
    otherwise, any building and its site which the Administrator
    decides is necessary to carry out the duties of the Administrator
    under this chapter.
      (b) Acquisition of Land or Interest in Land for Use as Sites. -
    The Administrator may acquire, by purchase, condemnation, donation,
    exchange, or otherwise, land or an interest in land the
    Administrator considers necessary for use as sites, or additions to
    sites, for public buildings authorized to be constructed or altered
    under this chapter.
      (c) Public Buildings Used for Post Office Purposes. - When any
    part of a public building is to be used for post office purposes,
    the Administrator shall act jointly with the United States Postal
    Service in selecting the town or city where the building is to be
    constructed, and in selecting the site in the town or city for the
    building.
      (d) Solicitation of Proposals for Sale, Donation, or Exchange of
    Real Property. - When the Administrator is to acquire a site under
    subsection (b), the Administrator, if the Administrator considers
    it necessary, by public advertisement may solicit proposals for the
    sale, donation, or exchange of real property to the Federal
    Government to be used as the site. In selecting a site under
    subsection (b) the Administrator (with the concurrence of the
    United States Postal Service if any part of the public building to
    be constructed on the site is to be used for post office purposes)
    may - 
        (1) select the site that the Administrator believes is the most
      advantageous to the Government, all factors considered; and
        (2) acquire the site without regard to title III of the Federal
      Property and Administrative Services Act of 1949 (41 U.S.C. 251
      et seq.).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 108-178,
    Sec. 3(1), Dec. 15, 2003, 117 Stat. 2640.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3304(a)        40:602.                 Pub. L. 86-249, Secs. 3, 5,  
                                            Sept. 9, 1959, 73 Stat. 479.
    3304(b)        40:604(a).                                           
    3304(c)        40:604(b).                                           
    3304(d)        40:604(c).                                           
    --------------------------------------------------------------------

      In subsections (c) and (d), the words "United States Postal
    Service" are substituted for "Postmaster General" in subsections
    (b) and (c) of section 5 of the Public Buildings Act of 1959
    (Public Law 86-249, 73 Stat. 479) because of section 4(a) of the
    Postal Reorganization Act (Public Law 91-375, 84 Stat. 773).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (d)(2), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Title III of the Act is classified generally
    to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-178 inserted ", by purchase,
    condemnation, donation, exchange, or otherwise," after "The
    Administrator may acquire".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
    5 of Pub. L. 108-178, set out as a note under section 5334 of Title
    5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 3305                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3305. Construction and alteration of buildings

-STATUTE-
      (a) Construction. - 
        (1) Replacement of existing buildings. - When the Administrator
      of General Services considers it to be in the best interest of
      the Federal Government to construct a new public building to take
      the place of an existing public building, the Administrator may
      demolish the existing building and use the site on which it is
      located for the site of the proposed public building. If the
      Administrator believes that it is more advantageous to construct
      the public building on a different site in the same city, the
      Administrator may exchange the building and site, or the site,
      for another site, or may sell the building and site in accordance
      with subtitle I of this title and title III of the Federal
      Property and Administrative Services Act of 1949 (41 U.S.C. 251
      et seq.).
        (2) Sale or exchange of sites. - When the Administrator decides
      that a site acquired for the construction of a public building is
      not suitable for that purpose, the Administrator may exchange the
      site for another site, or may sell it in accordance with subtitle
      I of this title and title III of the Federal Property and
      Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
        (3) Committee approval required. - This subsection does not
      permit the Administrator to use any land as a site for a public
      building if the project has not been approved in accordance with
      section 3307 of this title.

      (b) Alteration of Buildings. - 
        (1) Authority to alter buildings and acquire land. - The
      Administrator may - 
          (A) alter any public building; and
          (B) acquire in accordance with section 3304(b)-(d) of this
        title land necessary to carry out the alteration.

        (2) Committee approval not required. - 
          (A) Threshold amount. - Approval under section 3307 of this
        title is not required for any alteration and acquisition
        authorized by this subsection for which the estimated maximum
        cost does not exceed $1,500,000.
          (B) Dollar amount adjustment. - The Administrator annually
        may adjust the dollar amount referred to in subparagraph (A) to
        reflect a percentage increase or decrease in construction costs
        during the prior calendar year, as determined by the composite
        index of construction costs of the Department of Commerce. Any
        adjustment shall be expeditiously reported to the Committee on
        Environment and Public Works of the Senate and the Committee on
        Transportation and Infrastructure of the House of
        Representatives.

      (c) Construction or Alteration by Contract. - The Administrator
    may carry out any construction or alteration authorized by this
    chapter by contract if the Administrator considers it to be most
    advantageous to the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1159.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3305(a)        40:605.                 Pub. L. 86-249, Secs. 6, 9,  
                                            Sept. 9, 1959, 73 Stat. 479,
                                            481.                        
    3305(b)(1)     40:603(a).              Pub. L. 86-249, Sec. 4,      
                                            Sept. 9, 1959, 73 Stat. 479;
                                            Pub. L. 92-313, Sec. 2(1),  
                                            June 16, 1972, 86 Stat. 216;
                                            Pub. L. 100-678, Sec. 2,    
                                            Nov. 17, 1988, 102 Stat.    
                                            4049.                       
    3305(b)(2)(    40:603(b).                                           
     A)                                                                 
    3305(b)(2)(    40:606(f) (related      Pub. L. 86-249, Sec. 7(f)    
     B)             to 40:603(b)).          (related to Sec. 4(b)),     
                                            Sept. 9, 1959, as added Pub.
                                            L. 100-678, Sec. 4, Nov. 17,
                                            1988, 102 Stat. 4050.       
    3305(c)        40:608.                                              
    --------------------------------------------------------------------

      In subsection (a)(1) and (2), 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 words "this Act", meaning the Federal Property and
    Administrative Services Act of 1949. See the revision note under
    section 111 of this title.
      In subsection (b)(2)(B), the words "Transportation and
    Infrastructure" are substituted for "Public Works and
    Transportation" in section 7(f) of the Public Buildings Act of 1959
    (Public Law 86-249, 73 Stat. 480) because of section 1(a)(9) of the
    Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (a)(1) and (2), is act June 30, 1949, ch.
    288, 63 Stat. 377, as amended. Title III of the Act is classified
    generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title
    41, Public Contracts. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    40 USC Sec. 3306                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3306. Accommodating federal agencies

-STATUTE-
      (a) Definitions. - In this section - 
        (1) Commercial activities. - The term "commercial activities"
      includes the operations of restaurants, food stores, craft
      stores, dry goods stores, financial institutions, and display
      facilities.
        (2) Cultural activities. - The term "cultural activities"
      includes film, dramatic, dance, and musical presentations, and
      fine art exhibits, whether or not those activities are intended
      to make a profit.
        (3) Educational activities. - The terms "educational
      activities" includes the operations of libraries, schools, day
      care centers, laboratories, and lecture and demonstration
      facilities.
        (4) Historical, architectural, or cultural significance. - The
      term "historical, architectural, or cultural significance"
      includes buildings listed or eligible to be listed on the
      National Register established under section 101 of the National
      Historic Preservation Act (16 U.S.C. 470a).
        (5) Recreational activities. - The term "recreational
      activities" includes the operations of gymnasiums and related
      facilities.
        (6) Unit of general local government. - The term "unit of
      general local government" means a city, county, town, parish,
      village, or other general-purpose political subdivision of a
      State.

      (b) Duties of Administrator. - To carry out the duties of the
    Administrator of General Services under sections 581(h), 584(b),
    3303(c), and 3307(b)(3) and (5) of this title and under any other
    authority with respect to constructing, operating, maintaining,
    altering, and otherwise managing or acquiring space necessary to
    accommodate federal agencies and to accomplish the purposes of
    sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the
    Administrator shall - 
        (1) acquire and utilize space in suitable buildings of
      historical, architectural, or cultural significance, unless use
      of the space would not prove feasible and prudent compared with
      available alternatives;
        (2) encourage the location of commercial, cultural,
      educational, and recreational facilities and activities in public
      buildings;
        (3) provide and maintain space, facilities, and activities, to
      the extent practicable, that encourage public access to, and
      stimulate public pedestrian traffic around, into, and through,
      public buildings, permitting cooperative improvements to and uses
      of the area between the building and the street, so that the
      activities complement and supplement commercial, cultural,
      educational, and recreational resources in the neighborhood of
      public buildings; and
        (4) encourage the public use of public buildings for cultural,
      educational, and recreational activities.

      (c) Consultation and Solicitation of Comments. - In carrying out
    the duties under subsection (b), the Administrator shall - 
        (1) consult with chief executive officers of the States,
      areawide agencies established pursuant to title II of the
      Demonstration Cities and Metropolitan Development Act of 1966 (42
      U.S.C. 3331 et seq.) and section 6506 of title 31, and chief
      executive officers of those units of general local government in
      each area served by an existing or proposed public building; and
        (2) solicit the comments of other community leaders and members
      of the general public as the Administrator considers appropriate.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1160.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3306(a)(1)     40:612a(5).             Pub. L. 94-541, title I,     
                                            Secs. 102, 105(3)-(8), Oct. 
                                            18, 1976, 90 Stat. 2505,    
                                            2507.                       
    3306(a)(2)     40:612a(6).                                          
    3306(a)(3)     40:612a(7).                                          
    3306(a)(4)     40:612a(4).                                          
    3306(a)(5)     40:612a(8).                                          
    3306(a)(6)     40:612a(3).                                          
    3306(b)        40:601a(a).                                          
    3306(c)        40:601a(b).                                          
    --------------------------------------------------------------------

      In subsection (b)(1), the word "historical" is substituted for
    "historic" to conform to the defined term.
      In subsection (c)(1), the words "chief executive officers of the
    States" are substituted for "Governors" for clarity and for
    consistency in the revised title and with other titles of the
    United States Code. The words "section 6506 of title 31" are
    substituted for "title IV of the Intergovernmental Cooperation Act
    of 1968" in section 102(b) of the Public Buildings Cooperative Use
    Act of 1976 (Public Law 94-541, 90 Stat. 2505) because of section
    4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat.
    1067), the first section of which enacted Title 31, United States
    Code.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Demonstration Cities and Metropolitan Development Act of
    1966, referred to in subsec. (c)(1), is Pub. L. 89-754, Nov. 3,
    1966, 80 Stat. 1255, as amended. Title II of the Act is classified
    generally to subchapter II (Sec. 3331 et seq.) of chapter 41 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 3331 of Title 42 and Tables.

-EXEC-
        EX. ORD. NO. 13006. LOCATING FEDERAL FACILITIES ON HISTORIC
                 PROPERTIES IN OUR NATION'S CENTRAL CITIES
      Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the
    National Historic Preservation Act (16 U.S.C. 470 et seq.) and the
    Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title
    I of Pub. L. 94-541, see Tables for classification], and in
    furtherance of and consistent with Executive Order No. 12072 of
    August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593
    of May 13, 1971 [16 U.S.C. 470 note], it is hereby ordered as
    follows:
      Section 1. Statement of Policy. Through the Administration's
    community empowerment initiatives, the Federal Government has
    undertaken various efforts to revitalize our central cities, which
    have historically served as the centers for growth and commerce in
    our metropolitan areas. Accordingly, the Administration hereby
    reaffirms the commitment set forth in Executive Order No. 12072 to
    strengthen our Nation's cities by encouraging the location of
    Federal facilities in our central cities. The Administration also
    reaffirms the commitments set forth in the National Historic
    Preservation Act to provide leadership in the preservation of
    historic resources, and in the Public Buildings Cooperative Use Act
    of 1976 to acquire and utilize space in suitable buildings of
    historic, architectural, or cultural significance.
      To this end, the Federal Government shall utilize and maintain,
    wherever operationally appropriate and economically prudent,
    historic properties and districts, especially those located in our
    central business areas. When implementing these policies, the
    Federal Government shall institute practices and procedures that
    are sensible, understandable, and compatible with current authority
    and that impose the least burden on, and provide the maximum
    benefit to, society.
      Sec. 2. Encouraging the Location of Federal Facilities on
    Historic Properties in Our Central Cities. When operationally
    appropriate and economically prudent, and subject to the
    requirements of section 601 of title VI of the Rural Development
    Act of 1972, as amended (42 U.S.C. 3122) [now 7 U.S.C. 2204b-1],
    and Executive Order No. 12072, when locating Federal facilities,
    Federal agencies shall give first consideration to historic
    properties within historic districts. If no such property is
    suitable, then Federal agencies shall consider other developed or
    undeveloped sites within historic districts. Federal agencies shall
    then consider historic properties outside of historic districts, if
    no suitable site within a district exists. Any rehabilitation or
    construction that is undertaken pursuant to this order must be
    architecturally compatible with the character of the surrounding
    historic district or properties.
      Sec. 3. Identifying and Removing Regulatory Barriers. Federal
    agencies with responsibilities for leasing, acquiring, locating,
    maintaining, or managing Federal facilities or with
    responsibilities for the planning for, or managing of, historic
    resources shall take steps to reform, streamline, and otherwise
    minimize regulations, policies, and procedures that impede the
    Federal Government's ability to establish or maintain a presence in
    historic districts or to acquire historic properties to satisfy
    Federal space needs, unless such regulations, policies, and
    procedures are designed to protect human health and safety or the
    environment. Federal agencies are encouraged to seek the assistance
    of the Advisory Council on Historic Preservation when taking these
    steps.
      Sec. 4. Improving Preservation Partnerships. In carrying out the
    authorities of the National Historic Preservation Act, the
    Secretary of the Interior, the Advisory Council on Historic
    Preservation, and each Federal agency shall seek appropriate
    partnerships with States, local governments, Indian tribes, and
    appropriate private organizations with the goal of enhancing
    participation of these parties in the National Historic
    Preservation Program. Such partnerships should embody the
    principles of administrative flexibility, reduced paperwork, and
    increased service to the public.
      Sec. 5. Judicial Review. This order is not intended to create,
    nor does it create, any right or benefit, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies or instrumentalities, its officers or
    employees, or any other person.
                                                     William J. Clinton.

-End-

-CITE-
    40 USC Sec. 3307                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3307. Congressional approval of proposed projects

-STATUTE-
      (a) Resolutions Required Before Appropriations May Be Made. - The
    following appropriations may be made only if the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    adopt resolutions approving the purpose for which the appropriation
    is made:
        (1) An appropriation to construct, alter, or acquire any
      building to be used as a public building which involves a total
      expenditure in excess of $1,500,000, so that the equitable
      distribution of public buildings throughout the United States
      with due regard for the comparative urgency of need for the
      buildings, except as provided in section 3305(b) of this title,
      is ensured.
        (2) An appropriation to lease any space at an average annual
      rental in excess of $1,500,000 for use for public purposes.
        (3) An appropriation to alter any building, or part of the
      building, which is under lease by the Federal Government for use
      for a public purpose if the cost of the alteration will exceed
      $750,000.

      (b) Transmission to Congress of Prospectus of Proposed Project. -
    To secure consideration for the approval referred to in subsection
    (a), the Administrator of General Services shall transmit to
    Congress a prospectus of the proposed facility, including - 
        (1) a brief description of the building to be constructed,
      altered, or acquired, or the space to be leased, under this
      chapter;
        (2) the location of the building or space to be leased and an
      estimate of the maximum cost to the Government of the facility to
      be constructed, altered, or acquired, or the space to be leased;
        (3) a comprehensive plan for providing space for all Government
      officers and employees in the locality of the proposed facility
      or the space to be leased, having due regard for suitable space
      which may continue to be available in existing Government-owned
      or occupied buildings, especially those buildings that enhance
      the architectural, historical, social, cultural, and economic
      environment of the locality;
        (4) with respect to any project for the construction,
      alteration, or acquisition of any building, a statement by the
      Administrator that suitable space owned by the Government is not
      available and that suitable rental space is not available at a
      price commensurate with that to be afforded through the proposed
      action;
        (5) a statement by the Administrator of the economic and other
      justifications for not acquiring a building identified to the
      Administrator under section 3303(c) of this title as suitable for
      the public building needs of the Government; and
        (6) a statement of rents and other housing costs currently
      being paid by the Government for federal agencies to be housed in
      the building to be constructed, altered, or acquired, or the
      space to be leased.

      (c) Increase of Estimated Maximum Cost. - The estimated maximum
    cost of any project approved under this section as set forth in any
    prospectus may be increased by an amount equal to any percentage
    increase, as determined by the Administrator, in construction or
    alteration costs from the date the prospectus is transmitted to
    Congress. The increase authorized by this subsection may not exceed
    10 percent of the estimated maximum cost.
      (d) Rescission of Approval. - If an appropriation is not made
    within one year after the date a project for construction,
    alteration, or acquisition is approved under subsection (a), the
    Committee on Environment and Public Works of the Senate or the
    Committee on Transportation and Infrastructure of the House of
    Representatives by resolution may rescind its approval before an
    appropriation is made.
      (e) Emergency Leases by the Administrator. - This section does
    not prevent the Administrator from entering into emergency leases
    during any period declared by the President to require emergency
    leasing authority. An emergency lease may not be for more than 180
    days without approval of a prospectus for the lease in accordance
    with subsection (a).
      (f) Limitation on Leasing Certain Space. - 
        (1) In general. - The Administrator may not lease space to
      accommodate any of the following if the average rental cost of
      leasing the space will exceed $1,500,000:
          (A) Computer and telecommunications operations.
          (B) Secure or sensitive activities related to the national
        defense or security, except when it would be inappropriate to
        locate those activities in a public building or other facility
        identified with the Government.
          (C) A permanent courtroom, judicial chamber, or
        administrative office for any United States court.

        (2) Exception. - The Administrator may lease space with respect
      to which paragraph (1) applies if the Administrator - 
          (A) decides, for reasons set forth in writing, that leasing
        the space is necessary to meet requirements which cannot be met
        in public buildings; and
          (B) submits the reasons to the Committee on Environment and
        Public Works of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives.

      (g) Dollar Amount Adjustment. - The Administrator annually may
    adjust any dollar amount referred to in this section to reflect a
    percentage increase or decrease in construction costs during the
    prior calendar year, as determined by the composite index of
    construction costs of the Department of Commerce. Any adjustment
    shall be expeditiously reported to the Committee on Environment and
    Public Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1161.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3307(a)        40:606(a) (1st-3d       Pub. L. 86-249, Sec.         
                    sentences).             7(a)-(d), Sept. 9, 1959, 73 
                                            Stat. 480; Pub. L. 92-313,  
                                            Sec. 2(4), June 16, 1972, 86
                                            Stat. 217; Pub. L. 94-541,  
                                            title I, Sec. 103(1), (2),  
                                            Oct. 18, 1976, 90 Stat.     
                                            2505; Pub. L. 100-678, Secs.
                                            2, 3(a), Nov. 17, 1988, 102 
                                            Stat. 4049; Pub. L. 103-437,
                                            Sec. 14(b)(1), Nov. 2, 1994,
                                            108 Stat. 4590.             
    3307(b)        40:606(a) (last                                      
                    sentence).                                          
    3307(c)        40:606(b).                                           
    3307(d)        40:606(c).                                           
    3307(e)        40:606(d).                                           
    3307(f)        40:606(e).              Pub. L. 86-249, Sec. 7(e),   
                                            as added Pub. L. 100-678,   
                                            Sec. 3(b), Nov. 17, 1988,   
                                            102 Stat. 4049.             
    3307(g)        40:606(f) (related      Pub. L. 86-249, Sec. 7(f)    
                    to this section).       (related to this section),  
                                            Sept. 9, 1959, as added Pub.
                                            L. 100-678, Sec. 4, Nov. 17,
                                            1988, 102 Stat. 4050.       
    --------------------------------------------------------------------

      In this section, the words "Transportation and Infrastructure"
    are substituted for "Public Works and Transportation" in section 7
    of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat.
    480) because of section 1(a)(9) of the Act of June 3, 1995 (Public
    Law 104-14, 2:21 note prec.). The word "purchase" is omitted as
    being included in "acquire".
      In subsection (c), the words "if any" and "as the case may be"
    are omitted as unnecessary.
      In subsection (d), the words "at any time thereafter" are omitted
    as unnecessary.
      In subsection (f)(2)(A), the word "first" is omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 3308                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3308. Architectural or engineering services

-STATUTE-
      (a) Employment by Administrator. - When the Administrator of
    General Services decides it to be necessary, the Administrator may
    employ, by contract or otherwise, without regard to chapters 33 and
    51 and subchapter III of chapter 53 of title 5, civil service rules
    and regulations, or section 3709 of the Revised Statutes (41 U.S.C.
    5), the services of established architectural or engineering
    corporations, firms, or individuals, to the extent the
    Administrator may require those services for any public building
    authorized to be constructed or altered under this chapter.
      (b) Employment on Permanent Basis Not Permitted. - A corporation,
    firm, or individual shall not be employed under authority of
    subsection (a) on a permanent basis.
      (c) Responsibility of Administrator. - Notwithstanding any other
    provision of this section, the Administrator is responsible for all
    construction authorized by this chapter, including the
    interpretation of construction contracts, approval of material and
    workmanship supplied under a construction contract, approval of
    changes in the construction contract, certification of vouchers for
    payments due the contractor, and final settlement of the contract.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3308(a)        40:609(a).              Pub. L. 86-249, Sec. 10,     
                                            Sept. 9, 1959, 73 Stat. 481.
    3308(b)        40:609(b).                                           
    3308(c)        40:609(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "chapters 33 and 51 and subchapter
    III of chapter 53 of title 5" are substituted for "the
    Classification Act of 1949, as amended" and the reference to civil
    service laws in section 10(a) of the Public Buildings Act of 1959
    (Public Law 86-249, 73 Stat. 481) because of section 7(b) of the
    Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the
    first section of which enacted Title 31, United States Code.

-End-

-CITE-
    40 USC Sec. 3309                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3309. Buildings and sites in the District of Columbia

-STATUTE-
      (a) In General. - The purposes of this chapter shall be carried
    out in the District of Columbia as nearly as may be practicable in
    harmony with the plan of Peter Charles L'Enfant. Public buildings
    shall be constructed or altered to combine architectural beauty
    with practical utility.
      (b) Closing of Streets and Alleys. - When the Administrator of
    General Services decides that constructing or altering a public
    building under this chapter in the District of Columbia requires
    using contiguous squares as a site for the building, parts of
    streets that lie between the squares, and alleys that intersect the
    squares, may be closed and vacated if agreed to by the
    Administrator, the Council of the District of Columbia, and the
    National Capital Planning Commission. Those streets and alleys
    become part of the site.
      (c) Consultations Prior to Acquisitions. - 
        (1) With house office building commission. - The Administrator
      must consult with the House Office Building Commission created by
      the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the
      Administrator may acquire land located south of Independence
      Avenue, between Third Street SW and Eleventh Street SE, in the
      District of Columbia, for use as a site or an addition to a site.
        (2) With architect of capitol. - The Administrator must consult
      with the Architect of the Capitol before the Administrator may
      acquire land located in the area extending from the United States
      Capitol Grounds to Eleventh Street NE and SE and bounded by
      Independence Avenue on the south and G Street NE on the north, in
      the District of Columbia, for use as a site or an addition to a
      site.

      (d) Contracts for Events in Stadium. - Notwithstanding the
    District of Columbia Stadium Act of 1957 (Public Law 85-300, 71
    Stat. 619) or any other provision of law, the Armory Board may make
    contracts to conduct events in Robert F. Kennedy Stadium.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3309(a)        40:607(a).              Pub. L. 86-249, Sec. 8(a),   
                                            (b), Sept. 9, 1959, 73 Stat.
                                            481; Pub. L. 87-476, Secs.  
                                            1, 2, June 8, 1962, 76 Stat.
                                            92.                         
    3309(b)        40:607(b).                                           
    3309(c)        40:607(c).              Pub. L. 86-249, Sec. 8(c),   
                                            Sept. 9, 1959, as added Pub.
                                            L. 87-476, Sec. 3, June 8,  
                                            1962, 76 Stat. 92.          
    3309(d)        40:607(d).              Pub. L. 86-249, Sec. 8(d),   
                                            Sept. 9, 1959, as added Pub.
                                            L. 93-72, July 10, 1973, 87 
                                            Stat. 169.                  
    --------------------------------------------------------------------

      In subsection (b), the words "Council of the District of
    Columbia" are substituted for "Board of Commissioners of the
    District of Columbia" [subsequently changed to "District of
    Columbia Council" because of section 402(431) of Reorganization
    Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] in section
    8(b) of the Public Buildings Act of 1959 (Public Law 86-249, 73
    Stat. 481) because of sections 401 and 404(a) of the District of
    Columbia Home Rule Act (Public Law 93-198, 87 Stat. 785, 787).
      Subsection (d) is substituted for 40:607(d) to eliminate obsolete
    words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of March 4, 1907, referred to in subsec. (c)(1), is act
    Mar. 4, 1907, ch. 2918, 34 Stat. 1365, as amended, which is
    classified to section 2001 of Title 2, The Congress.
      The District of Columbia Stadium Act of 1957, referred to in
    subsec. (d), is Pub. L. 85-300, Sept. 7, 1957, 71 Stat. 619, as
    amended, which is not classified to the Code.

-End-

-CITE-
    40 USC Sec. 3310                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3310. Special rules for leased buildings

-STATUTE-
      For any building to be constructed for lease to, and for
    predominant use by, the Federal Government, the Administrator of
    General Services - 
        (1) notwithstanding section 585(a)(1) of this title, shall not
      make any agreement or undertake any commitment which will result
      in the construction of the building until the Administrator has
      established detailed specification requirements for the building;
        (2) may acquire a leasehold interest in the building only by
      the use of competitive procedures required by section 303 of the
      Federal Property and Administrative Services Act of 1949 (41
      U.S.C. 253);
        (3) shall inspect every building during construction to
      establish that the specifications established for the building
      are complied with;
        (4) on completion of the building, shall evaluate the building
      to determine the extent of failure to comply with the
      specifications referred to in clause (1); and
        (5) shall ensure that any contract entered into for the
      building shall contain provisions permitting a reduction of rent
      during any period when the building is not in compliance with the
      specifications.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3310           40:618.                 Pub. L. 86-249, Sec. 20, as  
                                            added Pub. L. 100-678, Sec. 
                                            5, Nov. 17, 1988, 102 Stat. 
                                            4050.                       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3311                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3311. State administration of criminal and health and safety
      laws

-STATUTE-
      When the Administrator of General Services considers it
    desirable, the Administrator may assign to a State or a territory
    or possession of the United States any part of the authority of the
    Federal Government to administer criminal laws and health and
    safety laws with respect to land or an interest in land under the
    control of the Administrator and located in the State, territory,
    or possession. Assignment of authority under this section may be
    accomplished by filing with the chief executive officer of the
    State, territory, or possession a notice of assignment to take
    effect on acceptance, or in another manner as may be prescribed by
    the laws of the State, territory, or possession in which the land
    or interest is located.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3311           40:617.                 Pub. L. 86-249, Sec. 19, as  
                                            added Pub. L. 100-678, Sec. 
                                            5, Nov. 17, 1988, 102 Stat. 
                                            4050.                       
    --------------------------------------------------------------------

      The words "Notwithstanding any other provision of law" and
    "commonwealth" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 3312                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3312. Compliance with nationally recognized codes

-STATUTE-
      (a) Application. - 
        (1) In general. - This section applies to any project for
      construction or alteration of a building for which amounts are
      first appropriated for a fiscal year beginning after September
      30, 1989.
        (2) National security waiver. - This section does not apply to
      a building for which the Administrator of General Services or the
      head of the federal agency authorized to construct or alter the
      building decides that the application of this section to the
      building would adversely affect national security. A decision
      under this subsection is not subject to administrative or
      judicial review.

      (b) Building Codes. - Each building constructed or altered by the
    General Services Administration or any other federal agency shall
    be constructed or altered, to the maximum extent feasible as
    determined by the Administrator or the head of the federal agency,
    in compliance with one of the nationally recognized model building
    codes and with other applicable nationally recognized codes,
    including electrical codes, fire and life safety codes, and
    plumbing codes, as the Administrator decides is appropriate. In
    carrying out this subsection, the Administrator or the head of the
    federal agency shall use the latest edition of the nationally
    recognized codes.
      (c) Zoning Laws. - Each building constructed or altered by the
    Administration or any other federal agency shall be constructed or
    altered only after consideration of all requirements (except
    procedural requirements) of the following laws of a State or a
    political subdivision of a State, which would apply to the building
    if it were not a building constructed or altered by a federal
    agency:
        (1) Zoning laws.
        (2) Laws relating to landscaping, open space, minimum distance
      of a building from the property line, maximum height of a
      building, historic preservation, esthetic qualities of a
      building, and other similar laws.

      (d) Cooperation With State and Local Officials. - 
        (1) State and local government consultation, review, and
      inspections. - To meet the requirements of subsections (b) and
      (c), the Administrator or the head of the federal agency
      authorized to construct or alter the building - 
          (A) in preparing plans for the building, shall consult with
        appropriate officials of the State or political subdivision of
        a State, or both, in which the building will be located;
          (B) on request shall submit the plans in a timely manner to
        the officials for review by the officials for a reasonable
        period of time not exceeding 30 days; and
          (C) shall permit inspection by the officials during
        construction or alteration of the building, in accordance with
        the customary schedule of inspections for construction or
        alteration of buildings in the locality, if the officials
        provide to the Administrator or the head of the federal agency -
         
            (i) a copy of the schedule before construction of the
          building is begun; and
            (ii) reasonable notice of their intention to conduct any
          inspection before conducting the inspection.

        (2) Limitation on responsibilities. - This section does not
      impose an obligation on any State or political subdivision to
      take any action under paragraph (1).

      (e) State and Local Government Recommendations. - Appropriate
    officials of a State or political subdivision of a State may make
    recommendations to the Administrator or the head of the federal
    agency authorized to construct or alter a building concerning
    measures necessary to meet the requirements of subsections (b) and
    (c). The officials also may make recommendations to the
    Administrator or the head of the federal agency concerning measures
    which should be taken in the construction or alteration of the
    building to take into account local conditions. The Administrator
    or the head of the agency shall give due consideration to the
    recommendations.
      (f) Effect of Noncompliance. - An action may not be brought
    against the Federal Government and a fine or penalty may not be
    imposed against the Government for failure to meet the requirements
    of subsection (b), (c), or (d) or for failure to carry out any
    recommendation under subsection (e).
      (g) Limitation on Liability. - The Government and its contractors
    shall not be required to pay any amount for any action a State or a
    political subdivision of a State takes to carry out this section,
    including reviewing plans, carrying out on-site inspections,
    issuing building permits, and making recommendations.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1165.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3312(a)(1)     40:619(g).              Pub. L. 86-249, Sec. 21, as  
                                            added Pub. L. 100-678, Sec. 
                                            6(a), Nov. 17, 1988, 102    
                                            Stat. 4051.                 
    3312(a)(2)     40:619(h).                                           
    3312(b)        40:619(a).                                           
    3312(c)        40:619(b).                                           
    3312(d)        40:619(c).                                           
    3312(e)        40:619(d).                                           
    3312(f)        40:619(e).                                           
    3312(g)        40:619(f).                                           
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3313                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3313. Delegation

-STATUTE-
      (a) When Allowed. - The carrying out of the duties and powers of
    the Administrator of General Services under this chapter, in
    accordance with standards the Administrator prescribes - 
        (1) shall, except for the authority contained in section
      3305(b) of this title, be delegated on request to the appropriate
      executive agency when the estimated cost of the project does not
      exceed $100,000; and
        (2) may be delegated to the appropriate executive agency when
      the Administrator determines that delegation will promote
      efficiency and economy.

      (b) No Exemption From Other Provisions of Chapter. - Delegation
    under subsection (a) does not exempt the person to whom the
    delegation is made, or the carrying out of the delegated duty or
    power, from any other provision of this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166; Pub. L. 109-304,
    Sec. 17(g)(3), Oct. 6, 2006, 120 Stat. 1709.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3313(a)        40:614 (1st             Pub. L. 86-249, Sec. 15,     
                    sentence).              Sept. 9, 1959, 73 Stat. 483.
    3313(b)        40:614 (last                                         
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "duties and
    powers" are substituted for "responsibilities and authorities" for
    consistency in the revised title and with other titles of the
    United States Code.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-304 substituted "The" for "Except
    for the authority contained in section 3305(b) of this title, the"
    in introductory provisions and "shall, except for the authority
    contained in section 3305(b) of this title," for "shall" in par.
    (1).

-End-

-CITE-
    40 USC Sec. 3314                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3314. Report to Congress

-STATUTE-
      (a) Request by Either House of Congress or Any Committee. -
    Within a reasonable time after a request of either House of
    Congress or any committee of Congress, the Administrator of General
    Services shall submit a report showing the location, space, cost,
    and status of each public building the construction, alteration, or
    acquisition of which - 
        (1) is to be under authority of this chapter; and
        (2) was uncompleted as of the date of the request, or as of
      another date the request may designate.

      (b) Request of Committee on Public Works and Environment or
    Committee on Transportation and Infrastructure. - The Administrator
    and the United States Postal Service shall make building project
    surveys requested by resolution by the Committee on Environment and
    Public Works of the Senate or the Committee on Transportation and
    Infrastructure of the House of Representatives, and within a
    reasonable time shall make a report on the survey to Congress. The
    report shall contain all other information required to be included
    in a prospectus of the proposed public building project under
    section 3307(b) of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3314(a)        40:610(a).              Pub. L. 86-249, Sec. 11,     
                                            Sept. 9, 1959, 73 Stat. 481;
                                            Pub. L. 96-470, title II,   
                                            Sec. 211, Oct. 19, 1980, 94 
                                            Stat. 2246; Pub. L. 103-437,
                                            Sec. 14(b)(2), Nov. 2, 1994,
                                            108 Stat. 4591.             
    3314(b)        40:610(b).                                           
    --------------------------------------------------------------------

      In subsection (b), the words "United States Postal Service" are
    substituted for "Postmaster General" in section 11(b) of the Public
    Buildings Act of 1959 (Public Law 86-249, 73 Stat. 481) because of
    section 4(a) of the Postal Reorganization Act (Public Law 91-375,
    84 Stat. 773). The words "Transportation and Infrastructure" are
    substituted for "Public Works and Transportation" in section 11(b)
    because of section 1(a)(9) of the Act of June 3, 1995 (Public Law
    104-14, 2:21 note prec.).

-End-

-CITE-
    40 USC Sec. 3315                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-
    Sec. 3315. Certain authority not affected

-STATUTE-
      This chapter does not limit or repeal the authority conferred by
    law on the United States Postal Service.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3315           40:615.                 Pub. L. 86-249, Sec. 16,     
                                            Sept. 9, 1959, 73 Stat. 483;
                                            Pub. L. 91-375, Sec.        
                                            6(m)(3), Aug. 12, 1970, 84  
                                            Stat. 782.                  
    --------------------------------------------------------------------

      The text of 40:615(1) is omitted as obsolete.

-End-

-CITE-
    40 USC CHAPTER 35 - NON-FEDERAL PUBLIC WORKS                01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
                   CHAPTER 35 - NON-FEDERAL PUBLIC WORKS               

-MISC1-
    Sec.                                                     
    3501.       Definitions.                                          
    3502.       Planned public works.                                 
    3503.       Revolving fund.                                       
    3504.       Surveys of public works planning.                     
    3505.       Forgiveness of outstanding advances.                  

-End-

-CITE-
    40 USC Sec. 3501                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
    Sec. 3501. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Public agency. - The term "public agency" means a State or
      a public agency or political subdivision of a State.
        (2) Public works. - The term "public works" includes any public
      works other than housing.
        (3) State. - The term "State" means a State of the United
      States, the District of Columbia, Puerto Rico, Guam, the Virgin
      Islands, the Northern Mariana Islands, the Federated States of
      Micronesia, the Marshall Islands, Palau, and any territory or
      possession of the United States.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3501           40:460.                 Aug. 2, 1954, ch. 649, title 
                                            VII, Sec. 703, 68 Stat. 641;
                                            Pub. L. 90-19, Sec. 10(d),  
                                            May 25, 1967, 81 Stat. 22;  
                                            Pub. L. 93-383, title IV,   
                                            Sec. 401(c), Aug. 22, 1974, 
                                            88 Stat. 691.               
    --------------------------------------------------------------------

      In this section, the text of 40:460(2) is omitted as unnecessary
    because the complete name of the Secretary of Housing and Urban
    Development is used the first time the term appears in a section.
      In clause (1), the words "or 'public agencies' " are omitted as
    unnecessary because of 1:1.
      In clause (3), the words "Guam, the Virgin Islands" are added to
    clarify that the provisions of the source law apply to those
    jurisdictions. 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.

-End-

-CITE-
    40 USC Sec. 3502                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
    Sec. 3502. Planned public works

-STATUTE-
      (a) Advances To Ensure Planning. - Notwithstanding section
    3324(a) and (b) of title 31, the Secretary of Housing and Urban
    Development may make advances to public agencies and Indian tribes -
     
        (1) to encourage public agencies and Indian tribes to maintain
      at all times a current and adequate reserve of planned public
      works the construction of which can rapidly be commenced,
      particularly when the national or local economic situation makes
      that action desirable; and
        (2) to help attain maximum economy and efficiency in the
      planning and construction of public works.

      (b) Uses of Advances. - A public agency or Indian tribe shall use
    an advance under subsection (a) to aid in financing the cost of
    feasibility studies, engineering and architectural surveys,
    designs, plans, working drawings, specifications, or other action
    preliminary to and in preparation for the construction of public
    works, and for construction in connection with the development of a
    medical center, a general plan for the development of the center.
      (c) No Future Commitment. - An advance under subsection (a) does
    not commit the Congress to appropriate amounts to assist in
    financing the construction of any public works planned with the aid
    of that advance. Outstanding advances to public agencies and Indian
    tribes in a State shall not exceed 12.5 percent of the aggregate
    then authorized to be appropriated to the revolving fund
    established under section 3503 of this title.
      (d) Requirements for Advances. - An advance shall not be made
    under subsection (a) for an individual project (including a
    regional, metropolitan, or other areawide project) unless - 
        (1) the project is planned to be constructed within or over a
      reasonable period of time considering the nature of the project;
        (2) the project conforms to an overall state, local, or
      regional plan approved by a competent state, local, or regional
      authority; and
        (3) the public agency or Indian tribe formally contracts with
      the Federal Government to complete the plan preparation promptly
      and to repay part or all of the advance when due.

      (e) Regulations. - The Secretary may prescribe regulations to
    carry out this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3502           40:462(a), (b), (d).    Aug. 2, 1954, ch. 649, title 
                                            VII, Sec. 702(a), (b), (d), 
                                            68 Stat. 641; Aug. 11, 1955,
                                            ch. 783, title I, Sec. 112, 
                                            69 Stat. 641; Pub. L. 87-70,
                                            title V, Sec. 502(1), (2),  
                                            June 30, 1961, 75 Stat. 175;
                                            Pub. L. 88-560, title VI,   
                                            Sec. 602(a)-(c), (e), (f),  
                                            Sept. 2, 1964, 78 Stat. 799;
                                            Pub. L. 90-19, Sec. 10(a)   
                                            (related to 40:462), May 25,
                                            1967, 81 Stat. 22; Pub. L.  
                                            90-448, title VI, Sec. 607, 
                                            Aug. 1, 1968, 82 Stat. 534; 
                                            Pub. L. 100-242, title V,   
                                            Sec. 524(1), Feb. 5, 1988,  
                                            101 Stat. 1939.             
    --------------------------------------------------------------------

      In subsection (a), the words "section 3324(a) and (b) of title
    31" are substituted for "section 3648 of the Revised Statutes, as
    amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68
    Stat. 641) because of section 4(b) of the Act of September 13, 1982
    (Public Law 97-258, 96 Stat. 1067), the first section of which
    enacted Title 31, United States Code. The words "municipalities and
    other" are omitted as being included in "public agencies".
      In subsection (c), the words "in any way" are omitted as
    unnecessary.
      In subsection (e), the word "rules" is omitted as being included
    in "regulations".

-End-

-CITE-
    40 USC Sec. 3503                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
    Sec. 3503. Revolving fund

-STATUTE-
      (a) Establishment. - There is a revolving fund established by the
    Secretary of Housing and Urban Development to provide amounts for
    advances under this chapter. The fund comprises amounts
    appropriated under this chapter and all repayments and other
    receipts received in connection with advances made under this
    chapter.
      (b) Authorizations. - Not more than $70,000,000 may be
    appropriated to the revolving fund as necessary to carry out the
    purposes of this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3503           40:462(e).              Aug. 2, 1954, ch. 649, title 
                                            VII, Sec. 702(e), 68 Stat.  
                                            641; Aug. 11, 1955, ch. 783,
                                            title I, Sec. 112, 69 Stat. 
                                            641; Pub. L. 87-70, title V,
                                            Sec. 502(3), (4), June 30,  
                                            1961, 75 Stat. 175; Pub. L. 
                                            88-560, title VI, Sec.      
                                            602(a), Sept. 2, 1964, 78   
                                            Stat. 799; Pub. L. 89-117,  
                                            title XI, Sec. 1104, Aug.   
                                            10, 1965, 79 Stat. 503; Pub.
                                            L. 90-19, Sec. 10(a)        
                                            (related to 40:462), May 25,
                                            1967, 81 Stat. 22.          
    --------------------------------------------------------------------

      In subsection (a), the words "heretofore or hereafter" are
    omitted as unnecessary. The text of 40:462(e)(2) is omitted as
    obsolete. Title V of the War Mobilization and Reconversion Act of
    1944 (50 App.:1671) terminated on June 30, 1947. The Act of October
    13, 1949 (40:451 et seq.) authorized the Housing and Home Finance
    Administrator to make certain loans and advances for the 2-year
    period immediately following October 13, 1951.
      In subsection (b), the words "in addition to amounts authorized
    to be appropriated for the purposes of this section before
    September 2, 1964" are omitted as executed.

-End-

-CITE-
    40 USC Sec. 3504                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
    Sec. 3504. Surveys of public works planning

-STATUTE-
      The Secretary of Housing and Urban Development may use during a
    fiscal year not more than $100,000 of the amount in the revolving
    fund established under section 3503 of this title to conduct
    surveys of the status and current volume of state and local public
    works planning and surveys of estimated requirements for state and
    local public works. In conducting a survey, the Secretary, may use
    or act through any department or agency of the Federal Government,
    with the consent of the department or agency.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3504           40:462(f).              Aug. 2, 1954, ch. 649, title 
                                            VII, Sec. 702(f), as added  
                                            Pub. L. 86-372, title VIII, 
                                            Sec. 801, Sept. 23, 1959, 73
                                            Stat. 686; Pub. L. 88-560,  
                                            title VI, Sec. 602(d), Sept.
                                            2, 1964, 78 Stat. 799; Pub. 
                                            L. 90-19, Sec. 10(a)        
                                            (related to 40:462), May 25,
                                            1967, 81 Stat. 22.          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3505                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-
    Sec. 3505. Forgiveness of outstanding advances

-STATUTE-
      In accordance with accounting and other procedures the Secretary
    of Housing and Urban Development prescribes, each advance made by
    the Secretary under this chapter that had any principal amount
    outstanding on February 5, 1988, was forgiven. The terms and
    conditions of any contract, or any amendment to a contract, for
    that advance with respect to any promise to repay the advance were
    canceled.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3505           40:462(g).              Aug. 2, 1954, ch. 649, title 
                                            VII, Sec. 702(g), as added  
                                            Pub. L. 87-658, Sec. 6,     
                                            Sept. 14, 1962, 76 Stat.    
                                            544; Pub. L. 100-242, title 
                                            V, Sec. 524(2), Feb. 5,     
                                            1988, 101 Stat. 1939.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY
           STANDARDS                                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
           CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS       

-MISC1-
    Sec.                                                     
    3701.       Definition and application.                           
    3702.       Work hours.                                           
    3703.       Report of violations and withholding of amounts for
                 unpaid wages and liquidated damages.                 
    3704.       Health and safety standards in building trades and
                 construction industry.                               
    3705.       Safety programs.                                      
    3706.       Limitations, variations, tolerances, and exemptions.  
    3707.       Contractor certification or contract clause in
                 acquisition of commercial items not required.        
    3708.       Criminal penalties.                                   

-End-

-CITE-
    40 USC Sec. 3701                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3701. Definition and application

-STATUTE-
      (a) Definition. - In this chapter, the term "Federal Government"
    has the same meaning that the term "United States" had in the
    Contract Work Hours and Safety Standards Act (Public Law 87-581, 76
    Stat. 357).
      (b) Application. - 
        (1) Contracts. - This chapter applies to - 
          (A) any contract that may require or involve the employment
        of laborers or mechanics on a public work of the Federal
        Government, a territory of the United States, or the District
        of Columbia; and
          (B) any other contract that may require or involve the
        employment of laborers or mechanics if the contract is one - 
            (i) to which the Government, an agency or instrumentality
          of the Government, a territory, or the District of Columbia
          is a party;
            (ii) which is made for or on behalf of the Government, an
          agency or instrumentality, a territory, or the District of
          Columbia; or
            (iii) which is a contract for work financed at least in
          part by loans or grants from, or loans insured or guaranteed
          by, the Government or an agency or instrumentality under any
          federal law providing wage standards for the work.

        (2) Laborers and mechanics. - This chapter applies to all
      laborers and mechanics employed by a contractor or subcontractor
      in the performance of any part of the work under the contract - 
          (A) including watchmen, guards, and workers performing
        services in connection with dredging or rock excavation in any
        river or harbor of the United States, a territory, or the
        District of Columbia; but
          (B) not including an employee employed as a seaman.

        (3) Exceptions. - 
          (A) This chapter. - This chapter does not apply to - 
            (i) a contract for - 
              (I) transportation by land, air, or water;
              (II) the transmission of intelligence; or
              (III) the purchase of supplies or materials or articles
            ordinarily available in the open market;

            (ii) any work required to be done in accordance with the
          provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.);
          and
            (iii) a contract in an amount that is not greater than
          $100,000.

          (B) Section 3702. - Section 3702 of this title does not apply
        to work where the assistance described in paragraph (1)(B)(iii)
        from the Government or an agency or instrumentality is only a
        loan guarantee or insurance.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109-284,
    Sec. 6(14), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3701(a)        (no source).                                         
    3701(b)(1)     40:329(a) (1st          Pub. L. 87-581, title I,     
                    sentence less           Sec. 103(a), (b), Aug. 13,  
                    proviso).               1962, 76 Stat. 358.         
    3701(b)(2)     40:329(a) (last                                      
                    sentence).                                          
    3701(b)(3)     40:329(b).                                           
     (A)(i),                                                            
     (ii)                                                               
    3701(b)(3)     40:329(c).              Pub. L. 87-581, title I,     
     (A)(iii)                               Sec. 103(c), as added Pub.  
                                            L. 103-355, title IV, Sec.  
                                            4104(c)(1), Oct. 13, 1994,  
                                            108 Stat. 3342.             
    3701(b)(3)(    40:329(a) (1st                                       
     B)             sentence proviso).                                  
    --------------------------------------------------------------------

      Subsection (a) is added for clarity.
      In subsection (b)(1), before clause (A), the words "except as
    otherwise provided" are omitted as unnecessary.
      In subsection (b)(2), before clause (A), the words "Except as
    otherwise expressly provided" are omitted as unnecessary.
      In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are
    substituted for ["]Walsh-Healey Public Contracts Act" to use the
    correct short title of the Act.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Contract Work Hours and Safety Standards Act, referred to in
    subsec. (a), is title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat.
    357, as amended, which was classified generally to subchapter II
    (Sec. 327 et seq.) of chapter 5 of former Title 40, Public
    Buildings, Property, and Works, prior to repeal and reenactment as
    this chapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
    Stat. 1062, 1304. Section 101 of title I of Pub. L. 87-581 was
    classified to section 327 of former Title 40 and was repealed and
    not reenacted by Pub. L. 107-217. For complete classification of
    this Act to the Code, see Tables.
      The Walsh-Healey Act, referred to in subsec. (b)(3)(A)(ii), is
    act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is
    classified generally to sections 35 to 45 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Short Title note set out under section 35 of Title 41 and Tables.
    See also section 262 of Title 29, Labor.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b)(3)(B). Pub. L. 109-284 substituted "3702" for
    "3902" in heading and text and "paragraph (1)(B)(iii)" for
    "subsection (a)(2)(C)" in text.

-End-

-CITE-
    40 USC Sec. 3702                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3702. Work hours

-STATUTE-
      (a) Standard Workweek. - The wages of every laborer and mechanic
    employed by any contractor or subcontractor in the performance of
    work on a contract described in section 3701 of this title shall be
    computed on the basis of a standard workweek of 40 hours. Work in
    excess of the standard workweek is permitted subject to this
    section. For each workweek in which the laborer or mechanic is so
    employed, wages include compensation, at a rate not less than one
    and one-half times the basic rate of pay, for all hours worked in
    excess of 40 hours in the workweek.
      (b) Contract Requirements. - A contract described in section 3701
    of this title, and any obligation of the Federal Government, a
    territory of the United States, or the District of Columbia in
    connection with that contract, must provide that - 
        (1) a contractor or subcontractor contracting for any part of
      the contract work which may require or involve the employment of
      laborers or mechanics shall not require or permit any laborer or
      mechanic, in any workweek in which the laborer or mechanic is
      employed on that work, to work more than 40 hours in that
      workweek, except as provided in this chapter; and
        (2) when a violation of clause (1) occurs, the contractor and
      any subcontractor responsible for the violation are liable - 
          (A) to the affected employee for the employee's unpaid wages;
        and
          (B) to the Government, the District of Columbia, or a
        territory for liquidated damages as provided in the contract.

      (c) Liquidated Damages. - Liquidated damages under subsection
    (b)(2)(B) shall be computed for each individual employed as a
    laborer or mechanic in violation of this chapter and shall be equal
    to $10 for each calendar day on which the individual was required
    or permitted to work in excess of the standard workweek without
    payment of the overtime wages required by this chapter.
      (d) Amounts Withheld To Satisfy Liabilities. - Subject to section
    3703 of this title, the governmental agency for which the contract
    work is done or which is providing financial assistance for the
    work may withhold, or have withheld, from money payable because of
    work performed by a contractor or subcontractor, amounts
    administratively determined to be necessary to satisfy the
    liabilities of the contractor or subcontractor for unpaid wages and
    liquidated damages as provided in this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109-284,
    Sec. 6(15), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3702(a)        40:328(a).              Pub. L. 87-581, title I,     
                                            Sec. 102, Aug. 13, 1962, 76 
                                            Stat. 357; Pub. L. 99-145,  
                                            title XII, Sec. 1241(a),    
                                            Nov. 8, 1985, 99 Stat. 734. 
    3702(b)        40:328(b) (words                                     
                    before (1)), (1),                                   
                    (2) (1st sentence).                                 
    3702(c)        40:328(b)(2) (2d                                     
                    sentence).                                          
    3702(d)        40:328(b)(2) (last                                   
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a). the words "Notwithstanding any other provision
    of law" are omitted as unnecessary.

                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-284 substituted "To" for "to" in
    heading.

-End-

-CITE-
    40 USC Sec. 3703                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3703. Report of violations and withholding of amounts for
      unpaid wages and liquidated damages

-STATUTE-
      (a) Reports of Inspectors. - An officer or individual designated
    as an inspector of the work to be performed under a contract
    described in section 3701 of this title, or to aid in the
    enforcement or fulfillment of the contract, on observation or after
    investigation immediately shall report to the proper officer of the
    Federal Government, a territory of the United States, or the
    District of Columbia all violations of this chapter occurring in
    the performance of the work, together with the name of each laborer
    or mechanic who was required or permitted to work in violation of
    this chapter and the day the violation occurred.
      (b) Withholding Amounts. - 
        (1) Determining amount. - The amount of unpaid wages and
      liquidated damages owing under this chapter shall be determined
      administratively.
        (2) Amount directed to be withheld. - The officer or individual
      whose duty it is to approve the payment of money by the
      Government, territory, or District of Columbia in connection with
      the performance of the contract work shall direct the amount of -
      
          (A) liquidated damages to be withheld for the use and benefit
        of the Government, territory, or District; and
          (B) unpaid wages to be withheld for the use and benefit of
        the laborers and mechanics who were not compensated as required
        under this chapter.

        (3) Payment. - The Comptroller General shall pay the amount
      administratively determined to be due directly to the laborers
      and mechanics from amounts withheld on account of underpayments
      of wages if the amount withheld is adequate. If the amount
      withheld is not adequate, the Comptroller General shall pay an
      equitable proportion of the amount due.

      (c) Right of Action and Intervention Against Contractors and
    Sureties. - If the accrued payments withheld under the terms of the
    contract are insufficient to reimburse all the laborers and
    mechanics who have not been paid the wages required under this
    chapter, the laborers and mechanics, in the case of a department or
    agency of the Government, have the same right of action and
    intervention against the contractor and the contractor's sureties
    as is conferred by law on persons furnishing labor or materials. In
    those proceedings it is not a defense that the laborers and
    mechanics accepted or agreed to accept less than the required rate
    of wages or voluntarily made refunds.
      (d) Review Process. - 
        (1) Time limit for appeal. - Within 60 days after an amount is
      withheld as liquidated damages, any contractor or subcontractor
      aggrieved by the withholding may appeal to the head of the agency
      of the Government or territory for which the contract work is
      done or which is providing financial assistance for the work, or
      to the Mayor of the District of Columbia in the case of
      liquidated damages withheld for the use and benefit of the
      District.
        (2) Review by agency head or mayor. - The agency head or Mayor
      may review the administrative determination of liquidated
      damages. The agency head or Mayor may issue a final order
      affirming the determination or may recommend to the Secretary of
      Labor that an appropriate adjustment in liquidated damages be
      made, or that the contractor or subcontractor be relieved of
      liability for the liquidated damages, if it is found that the
      amount is incorrect or that the contractor or subcontractor
      violated this chapter inadvertently, notwithstanding the exercise
      of due care by the contractor or subcontractor and the agents of
      the contractor or subcontractor.
        (3) Review by secretary. - The Secretary shall review all
      pertinent facts in the matter and may conduct any investigation
      the Secretary considers necessary in order to affirm or reject
      the recommendation. The decision of the Secretary is final.
        (4) Judicial action. - A contractor or subcontractor aggrieved
      by a final order for the withholding of liquidated damages may
      file a claim in the United States Court of Federal Claims within
      60 days after the final order. A final order of the agency head,
      Mayor, or Secretary is conclusive with respect to findings of
      fact if supported by substantial evidence.

      (e) Applicability of Other Laws. - 
        (1) Reorganization plan. - Reorganization Plan Numbered 14 of
      1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.
        (2) Section 3145. - Section 3145 of this title applies to
      contractors and subcontractors referred to in section 3145 who
      are engaged in the performance of contracts subject to this
      chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1170.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3703(a)        40:330(a) (1st          Pub. L. 87-581, title I,     
                    sentence).              Sec. 104, Aug. 13, 1962, 76 
                                            Stat. 358; Pub. L. 97-164,  
                                            title I, Sec. 160(a)(13),   
                                            Apr. 2, 1982, 96 Stat. 48.  
    3703(b)        40:330(a) (2d, last                                  
                    sentences).                                         
    3703(c)        40:330(b).                                           
    3703(d)        40:330(c).                                           
    3703(e)        40:330(d).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "or possession" are omitted for
    consistency in this chapter. The words "or days" are omitted
    because of 1:1.
      In subsection (c), the word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [subsequently changed to "Commissioner" (meaning the
    Commissioner of the District of Columbia) because of section 401 of
    Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    951)] because of section 421 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 789).
      In subsection (d)(4), the words "United States Court of Federal
    Claims" are substituted for "United States Claims Court" because of
    section 902(b)(1) of the Federal Courts Administration Act of 1992
    (Public Law 102-572, 106 Stat. 4516).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (e)(1), 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.

-End-

-CITE-
    40 USC Sec. 3704                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3704. Health and safety standards in building trades and
      construction industry

-STATUTE-
      (a) Condition of Contracts. - 
        (1) In general. - Each contract in an amount greater than
      $100,000 that is entered into under legislation subject to
      Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64
      Stat. 1267) and is for construction, alteration, and repair,
      including painting and decorating, must provide that no
      contractor or subcontractor contracting for any part of the
      contract work shall require any laborer or mechanic employed in
      the performance of the contract to work in surroundings or under
      working conditions that are unsanitary, hazardous, or dangerous
      to health or safety, as established under construction safety and
      health standards the Secretary of Labor prescribes by regulation
      based on proceedings pursuant to section 553 of title 5, provided
      that the proceedings include a hearing similar in nature to that
      authorized by section 553 of title 5.
        (2) Consultation. - In formulating standards under this
      section, the Secretary shall consult with the Advisory Committee
      created by subsection (d).

      (b) Compliance. - 
        (1) Actions to gain compliance. - The Secretary may make
      inspections, hold hearings, issue orders, and make decisions
      based on findings of fact as the Secretary considers necessary to
      gain compliance with this section and any health and safety
      standard the Secretary prescribes under subsection (a). For those
      purposes the Secretary and the United States district courts have
      the authority and jurisdiction provided by sections 4 and 5 of
      the Walsh-Healey Act (41 U.S.C. 38, 39).
        (2) Remedy when noncompliance found. - When the Secretary,
      after an opportunity for an adjudicatory hearing by the
      Secretary, establishes noncompliance under this section of any
      condition of a contract described in - 
          (A) section 3701(b)(1)(B)(i) or (ii) of this title, the
        governmental agency for which the contract work is done may
        cancel the contract and make other contracts for the completion
        of the contract work, charging any additional cost to the
        original contractor; or
          (B) section 3701(b)(1)(B)(iii) of this title, the
        governmental agency which is providing the financial guarantee,
        assistance, or insurance for the contract work may withhold the
        guarantee, assistance, or insurance attributable to the
        performance of the contract.

        (3) Nonapplicability. - Section 3703 of this title does not
      apply to the enforcement of this section.

      (c) Repeated Violations. - 
        (1) Transmittal of names of repeat violators to comptroller
      general. - When the Secretary, after an opportunity for an agency
      hearing, decides on the record that, by repeated willful or
      grossly negligent violations of this chapter, a contractor or
      subcontractor has demonstrated that subsection (b) is not
      effective to protect the safety and health of the employees of
      the contractor or subcontractor, the Secretary shall make a
      finding to that effect and, not sooner than 30 days after giving
      notice of the finding to all interested persons, shall transmit
      the name of the contractor or subcontractor to the Comptroller
      General.
        (2) Ban on awarding contracts. - The Comptroller General shall
      distribute each name transmitted under paragraph (1) to all
      agencies of the Federal Government. Unless the Secretary
      otherwise recommends, the contractor, subcontractor, or any
      person in which the contractor or subcontractor has a substantial
      interest may not be awarded a contract subject to this section
      until three years have elapsed from the date the name is
      transmitted to the Comptroller General. The Secretary shall
      terminate the ban if, before the end of the three-year period,
      the Secretary, after affording interested persons due notice and
      an opportunity for a hearing, is satisfied that a contractor or
      subcontractor whose name was transmitted to the Comptroller
      General will comply responsibly with the requirements of this
      section. The Comptroller General shall inform all Government
      agencies after being informed of the Secretary's action.
        (3) Judicial review. - A person aggrieved by the Secretary's
      action under this subsection or subsection (b) may file with the
      appropriate United States court of appeals a petition for review
      of the Secretary's action within 60 days after receiving notice
      of the Secretary's action. The clerk of the court immediately
      shall send a copy of the petition to the Secretary. The Secretary
      then shall file with the court the record on which the action is
      based. The findings of fact by the Secretary, if supported by
      substantial evidence, are final. The court may enter a decree
      enforcing, modifying, modifying and enforcing, or setting aside
      any part of, the order of the Secretary or the appropriate
      Government agency. The judgment of the court may be reviewed by
      the Supreme Court as provided in section 1254 of title 28.

      (d) Advisory Committee on Construction Safety and Health. - 
        (1) Establishment. - There is an Advisory Committee on
      Construction Safety and Health in the Department of Labor.
        (2) Composition. - The Committee is composed of nine members
      appointed by the Secretary, without regard to chapter 33 of title
      5, as follows:
          (A) Three members shall be individuals representative of
        contractors to whom this section applies.
          (B) Three members shall be individuals representative of
        employees primarily in the building trades and construction
        industry engaged in carrying out contracts to which this
        section applies.
          (C) Three members shall be public representatives who shall
        be selected on the basis of their professional and technical
        competence and experience in the construction health and safety
        field.

        (3) Chairman. - The Secretary shall appoint one member as
      Chairman.
        (4) Duties. - The Committee shall advise the Secretary - 
          (A) in formulating construction safety and health standards
        and other regulations; and
          (B) on policy matters arising in carrying out this section.

        (5) Experts and consultants. - The Secretary may appoint
      special advisory and technical experts or consultants as may be
      necessary to carry out the functions of the Committee.
        (6) Compensation and expenses. - Committee members are entitled
      to receive compensation at rates the Secretary fixes, but not
      more than $100 a day, including traveltime, when performing
      Committee business, and expenses under section 5703 of title 5.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109-284,
    Sec. 6(16), (17), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3704(a)        40:333(a).              Pub. L. 87-581, title I,     
                                            Sec. 107(a)-(e), as added   
                                            Pub. L. 91-54, Sec. 1, Aug. 
                                            9, 1969, 83 Stat. 96; Pub.  
                                            L. 103-355, title IV, Sec.  
                                            4104(c)(2), Oct. 13, 1994,  
                                            108 Stat. 3342.             
    3704(b)        40:333(b), (c).                                      
    3704(c)        40:333(d).                                           
    3704(d)        40:333(e).                                           
    --------------------------------------------------------------------

      In subsection (a)(1), the words "in an amount greater than
    $100,000" are substituted for "(other than a contract referred to
    in section 329(c) of this title)" for clarity.
      In subsection (b), the text of 40:333(c) is omitted as
    unnecessary because the district courts have jurisdiction on all
    civil actions involving a federal question since the requirement of
    a threshold amount in controversy was deleted. In paragraph (2)(B),
    the words "guarantee" and "insurance" are added for consistency in
    this section and with section 3701(b)(1)(B)(iii) of the revised
    title.
      In subsection (c)(2), the words "The Secretary shall end the ban"
    are substituted for "he [sic] shall terminate the application of
    the preceding sentence to such contractor or subcontractor (and to
    any person in which the contractor or subcontractor has a
    substantial interest)" for clarity and to eliminate unnecessary
    words. The word "thereafter" is omitted as unnecessary.
      In subsection (c)(3), the words "as provided in section 2112 of
    title 28", "make and", and "upon certiorari or certification" are
    omitted as unnecessary.
      In subsection (d)(2), before clause (A), the words "chapter 33 of
    title 5" are substituted for "the civil service laws" because of
    section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80
    Stat. 631), the first section of which enacted Title 5, United
    States Code.
      In subsection (d)(6), the words "expenses under section 5703 of
    title 5" are substituted for 40:333(e)(3)(words after semicolon) to
    eliminate unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (a)(1), 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.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-284, Sec. 6(16), inserted "of
    title 5" after "authorized by section 553".
      Subsec. (a)(2). Pub. L. 109-284, Sec. 6(17), struck out "of this
    section" after "subsection (d)".

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, 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. Advisory
    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 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 3705                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3705. Safety programs

-STATUTE-
      The Secretary of Labor shall - 
        (1) provide for the establishment and supervision of programs
      for the education and training of employers and employees in the
      recognition, avoidance, and prevention of unsafe working
      conditions in employment covered by this chapter; and
        (2) collect reports and data and consult with and advise
      employers as to the best means of preventing injuries.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3705           40:333(f).              Pub. L. 87-581, title I,     
                                            Sec. 107(f), as added Pub.  
                                            L. 91-54, Sec. 1, Aug. 9,   
                                            1969, 83 Stat. 98.          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3706                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3706. Limitations, variations, tolerances, and exemptions

-STATUTE-
      The Secretary of Labor may provide reasonable limitations to, and
    may prescribe regulations allowing reasonable variations to,
    tolerances from, and exemptions from, this chapter that the
    Secretary may find necessary and proper in the public interest to
    prevent injustice or undue hardship or to avoid serious impairment
    of the conduct of Federal Government business.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3706           40:331.                 Pub. L. 87-581, title I,     
                                            Sec. 105, Aug. 13, 1962, 76 
                                            Stat. 359.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3707                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3707. Contractor certification or contract clause in
      acquisition of commercial items not required

-STATUTE-
      In a contract to acquire a commercial item (as defined in section
    4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)),
    a certification by a contractor or a contract clause may not be
    required to implement a prohibition or requirement in this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3707           40:334.                 Pub. L. 87-581, title I,     
                                            Sec. 108, as added Pub. L.  
                                            103-355, title VIII, Sec.   
                                            8301(b), Oct. 13, 1994, 108 
                                            Stat. 3396.                 
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 3708                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART A - GENERAL
    CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

-HEAD-
    Sec. 3708. Criminal penalties

-STATUTE-
      A contractor or subcontractor having a duty to employ, direct, or
    control a laborer or mechanic employed in the performance of work
    contemplated by a contract to which this chapter applies that
    intentionally violates this chapter shall be fined under title 18,
    imprisoned for not more than six months, or both.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    3708           40:332.                 Pub. L. 87-581, title I,     
                                            Sec. 106, Aug. 13, 1962, 76 
                                            Stat. 359.                  
    --------------------------------------------------------------------

      The words "shall be fined under title 18" are substituted for
    "shall be deemed guilty of a misdemeanor, and for each and every
    such offense shall, upon conviction, be punished by a fine of not
    to exceed $1,000" for consistency with chapter 227 of title 18. The
    words "in the discretion of the court having jurisdiction thereof"
    are omitted as unnecessary.

-End-

-CITE-
    40 USC PART B - UNITED STATES CAPITOL                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL

-HEAD-
                      PART B - UNITED STATES CAPITOL                  

-End-

-CITE-
    40 USC CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND
           GROUNDS                                         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
         CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS     

-MISC1-
    Sec.                                                     
    5101.       Definition.                                           
    5102.       Legal description and jurisdiction of United States
                 Capitol Grounds.                                     
    5103.       Restrictions on public use of United States Capitol
                 Grounds.                                             
    5104.       Unlawful activities.                                  
    5105.       Assistance to authorities by Capitol employees.       
    5106.       Suspension of prohibitions.                           
    5107.       Concerts on grounds.                                  
    5108.       Audit of private organizations.                       
    5109.       Penalties.                                            

-End-

-CITE-
    40 USC Sec. 5101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5101. Definition

-STATUTE-
      In this chapter, the term "Capitol Buildings" means the United
    States Capitol, the Senate and House Office Buildings and garages,
    the Capitol Power Plant, all buildings on the real property
    described under section 5102(c) (including the Administrative
    Building of the United States Botanic Garden), all subways and
    enclosed passages connecting two or more of those structures, and
    the real property underlying and enclosed by any of those
    structures.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 108-7,
    div. H, title I, Sec. 1016(a), Feb. 20, 2003, 117 Stat. 364.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5101           40:193m(1).             July 31, 1946, ch. 707, Sec. 
                                            16(a)(1), 60 Stat. 721; Pub.
                                            L. 90-108, Sec. 1(d), Oct.  
                                            20, 1967, 81 Stat. 277.     
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2003 - Pub. L. 108-7 inserted "all buildings on the real property
    described under section 5102(c) (including the Administrative
    Building of the United States Botanic Garden)," after "Capitol
    Power Plant,".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and
    each fiscal year thereafter, see section 1016(d) of Pub. L. 108-7,
    set out as a note under section 1961 of Title 2, The Congress.

-End-

-CITE-
    40 USC Sec. 5102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5102. Legal description and jurisdiction of United States
      Capitol Grounds

-STATUTE-
      (a) Legal Description. - The United States Capitol Grounds
    comprises all squares, reservations, streets, roadways, walks, and
    other areas as defined on a map entitled "Map showing areas
    comprising United States Capitol Grounds", dated June 25, 1946,
    approved by the Architect of the Capitol, and recorded in the
    Office of the Surveyor of the District of Columbia in book 127,
    page 8, including all additions added by law after June 25, 1946.
      (b) Jurisdiction. - 
        (1) Architect of the capitol. - The jurisdiction and control
      over the Grounds, vested prior to July 31, 1946, by law in the
      Architect, is extended to the entire area of the Grounds. Except
      as provided in paragraph (2), the Architect is responsible for
      the maintenance and improvement of the Grounds, including those
      streets and roadways in the Grounds as shown on the map referred
      to in subsection (a) as being under the jurisdiction and control
      of the Commissioners of the District of Columbia.
        (2) Mayor of the district of columbia. - 
          (A) In general. - The Mayor of the District of Columbia is
        responsible for the maintenance and improvement of those
        portions of the following streets which are situated between
        the curblines of those streets: Constitution Avenue from Second
        Street Northeast to Third Street Northwest, First Street from D
        Street Northeast to D Street Southeast, D Street from First
        Street Southeast to Washington Avenue Southwest, and First
        Street from the north side of Louisiana Avenue to the
        intersection of C Street and Washington Avenue Southwest,
        Pennsylvania Avenue Northwest from First Street Northwest to
        Third Street Northwest, Maryland Avenue Southwest from First
        Street Southwest to Third Street Southwest, Second Street
        Northeast from F Street Northeast to C Street Southeast; C
        Street Southeast from Second Street Southeast to First Street
        Southeast; that portion of Maryland Avenue Northeast from
        Second Street Northeast to First Street Northeast; that portion
        of New Jersey Avenue Northwest from D Street Northwest to
        Louisiana Avenue; that portion of Second Street Southwest from
        the north curb of D Street to the south curb of Virginia Avenue
        Southwest; that portion of Virginia Avenue Southwest from the
        east curb of Second Street Southwest to the west curb of Third
        Street Southwest; that portion of Third Street Southwest from
        the south curb of Virginia Avenue Southwest to the north curb
        of D Street Southwest; that portion of D Street Southwest from
        the west curb of Third Street Southwest to the east curb of
        Second Street Southwest; that portion of Washington Avenue
        Southwest, including sidewalks and traffic islands, from the
        south curb of Independence Avenue Southwest to the west curb of
        South Capitol Street.
          (B) Repair and maintenance of utility services. - The Mayor
        may enter any part of the Grounds to repair or maintain or,
        subject to the approval of the Architect, construct or alter,
        any utility service of the District of Columbia Government.

      (c) National Garden of the United States Botanic Garden. - 
        (1) In general. - Except as provided under paragraph (2), the
      United States Capitol Grounds shall include - 
          (A) the National Garden of the United States Botanic Garden;
          (B) all grounds contiguous to the Administrative Building of
        the United States Botanic Garden, including Bartholdi Park; and
          (C) all grounds bounded by the curblines of First Street,
        Southwest on the east; Washington Avenue, Southwest to its
        intersection with Independence Avenue, and Independence Avenue
        from such intersection to its intersection with Third Street,
        Southwest on the south; Third Street, Southwest on the west;
        and Maryland Avenue, Southwest on the north.

        (2) Maintenance and improvements. - Notwithstanding subsections
      (a) and (b), jurisdiction and control over the buildings on the
      grounds described in paragraph (1) shall be retained by the Joint
      Committee on the Library, and the Joint Committee on the Library
      shall continue to be solely responsible for the maintenance and
      improvement of the grounds described in such paragraph.
        (3) Authority not limited. - Nothing in this subsection shall
      limit the authority of the Architect of the Capitol under section
      307E of the Legislative Branch Appropriations Act, 1989 (40
      U.S.C. 216c).(!1)

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108-7,
    div. H, title I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364.)

-STATAMEND-
                DEFINITION OF UNITED STATES CAPITOL GROUNDS            
      For provisions directing amendment of this section (or section 1
    of the Act of July 31, 1946, as amended (former 40 U.S.C. 193a),
    which was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b),
    Aug. 21, 2002, 116 Stat. 1062, 1304, as this section) to include
    within or exclude from the definition of the United States Capitol
    Grounds certain parcels or areas, see notes set out below and under
    section 6101 of this title.

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5102           40:193a.                July 31, 1946, ch. 707, Sec. 
                                            1, 60 Stat. 718; Pub. L.    
                                            90-108, Sec. 1(a), Oct. 20, 
                                            1967, 81 Stat. 275; Pub. L. 
                                            93-198, Sec. 739(g)(7), Dec.
                                            24, 1973, 87 Stat. 829; Pub.
                                            L. 96-432, Sec. 2, Oct. 10, 
                                            1980, 94 Stat. 1852.        
    --------------------------------------------------------------------

      In subsection (b)(2), the words "Mayor of the District of
    Columbia" are substituted for "Commissioners of the District of
    Columbia" [meaning the Board of Commissioners of the District of
    Columbia] [subsequently changed to "Commissioner of the District of
    Columbia" because of section 401 of Reorganization Plan No. 3 of
    1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of
    the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.
    789). In subparagraph (A), the words "Washington Avenue Southwest"
    are substituted for "Canal Street S. W." and "Canal Street
    Southwest" because of section 2 of D.C. Law 8-39. See section 7-451
    note of the District of Columbia Code.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 307E of the Legislative Branch Appropriations Act, 1989,
    referred to in subsec. (c)(3), is section 307E of Pub. L. 100-458,
    which was classified to section 216c of former Title 40, Public
    Buildings, Property, and Works, and was transferred to section 2146
    of Title 2, The Congress.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-7 added subsec. (c).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and
    each fiscal year thereafter, see section 1016(d) of Pub. L. 108-7,
    set out as a note under section 1961 of Title 2, The Congress.

     TRANSFERS AND CONVEYANCES AFFECTING PROPERTIES IN THE DISTRICT OF
                      COLUMBIA AND GENERAL PROVISIONS
      Pub. L. 109-396, title II, Secs. 201, 204, title IV, Secs. 401-
    407, Dec. 15, 2006, 120 Stat. 2713, 2715, 2718-2720, provided
    that:

      "SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN
        PROPERTIES.
      "(a) Transfer of Administrative Jurisdiction From District of
    Columbia to United States. - 
        "(1) In general. - Administrative jurisdiction over each of the
      following properties (owned by the United States and as depicted
      on the Map) is hereby transferred, subject to the terms in this
      subsection, from the District of Columbia to the Secretary of the
      Interior for administration by the Director:
          "(A) An unimproved portion of Audubon Terrace Northwest,
        located east of Linnean Avenue Northwest, that is within U.S.
        Reservation 402 (National Park Service property).
          "(B) An unimproved portion of Barnaby Street Northwest, north
        of Aberfoyle Place Northwest, that abuts U.S. Reservation 545
        (National Park Service property).
          "(C) A portion of Canal Street Southwest, and a portion of V
        Street Southwest, each of which abuts U.S. Reservation 467
        (National Park Service property).
          "(D) Unimproved streets and alleys at Fort Circle Park
        located within the boundaries of U.S. Reservation 497 (National
        Park Service property).
          "(E) An unimproved portion of Western Avenue Northwest, north
        of Oregon Avenue Northwest, that abuts U.S. Reservation 339
        (National Park Service property).
          "(F) An unimproved portion of 17th Street Northwest, south of
        Shepherd Street Northwest, that abuts U.S. Reservation 339
        (National Park Service property).
          "(G) An unimproved portion of 30th Street Northwest, north of
        Broad Branch Road Northwest, that is within the boundaries of
        U.S. Reservation 515 (National Park Service property).
          "(H) Subject to paragraph (2), lands over I-395 bounded by
        Washington Avenue Southwest, 2nd Street Southwest, and the C
        Street Southwest ramps to I-295.
          "(I) A portion of U.S. Reservation 357 at Whitehaven Parkway
        Northwest, previously transferred to the District of Columbia
        in conjunction with the former proposal for a residence for the
        Mayor of the District of Columbia.
        "(2) Use of certain property for memorial. - In the case of the
      property for which administrative jurisdiction is transferred
      under paragraph (1)(H), the property shall be used as the site
      for the establishment of a memorial to honor disabled veterans of
      the United States Armed Forces authorized to be established by
      the Disabled Veterans' LIFE Memorial Foundation by Public Law 106-
      348 (114 Stat. 1358; 40 U.S.C. 8903 note), except that - 
          "(A) the District of Columbia shall retain administrative
        jurisdiction over the subsurface area beneath the site for the
        tunnel, walls, footings, and related facilities;
          "(B) C Street Southwest shall not be connected between 2nd
        Street Southwest and Washington Avenue Southwest without the
        approval of the Architect of the Capitol; and
          "(C) a walkway shall be included across the site of the
        memorial between 2nd Street Southwest and Washington Avenue
        Southwest.
        "(3) Additional transfer. - 
          "(A) In general. - Administrative jurisdiction over the
        parcel bounded by 2nd Street Southwest, the C Street Southwest
        ramp to I-295, the D Street Southwest ramp to I-395, and I-295
        is hereby transferred, subject to the terms in this paragraph,
        from the District of Columbia as follows:
            "(i) The northernmost .249 acres is transferred to the
          Secretary for administration by the Director, who (subject to
          the approval of the Architect of the Capitol) shall landscape
          the parcel or use the parcel for special needs parking for
          the memorial referred to in paragraph (2).
            "(ii) The remaining portion is transferred to the Architect
          of the Capitol.
          "(B) Retention of jurisdiction over subsurface area. - The
        District of Columbia shall retain administrative jurisdiction
        over the subsurface area beneath the parcel referred to in
        subparagraph (A) for the tunnel, walls, footings, and related
        facilities.
      "(b) Transfer of Administrative Jurisdiction From United States
    to District of Columbia. - Administrative jurisdiction over the
    following property owned by the United States and depicted on the
    Map is hereby transferred from the Secretary to the District of
    Columbia for administration by the District of Columbia:
        "(1) A portion of U.S. Reservation 451.
        "(2) A portion of U.S. Reservation 404.
        "(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
        "(4) U.S. Reservation 251.
        "(5) U.S. Reservation 8.
        "(6) U.S. Reservations 277A and 277C.
        "(7) Portions of U.S. Reservation 470.
      "(c) Effective Date. - The transfers of administrative
    jurisdiction under this section shall take effect on the date of
    the enactment of this Act [Dec. 15, 2006].

      "SEC. 204. CONVEYANCE TO ARCHITECT OF THE CAPITOL.
      "(a) In General. - Prior to conveyance of title to U.S.
    Reservation 13 to the District of Columbia under this Act [see Pub.
    L. 109-396, title I, Sec. 101, Dec. 15, 2006, 120 Stat. 2711], the
    District of Columbia shall convey, with the approval of the
    Architect of the Capitol and subject to subsections (b) and (c),
    not more than 12 acres of real property to the Architect of the
    Capitol.
      "(b) Title Held by Secretary. - If title to the real property
    identified for conveyance under subsection (a) is held by the
    Secretary, not later than 30 days after being notified by the
    Architect of the Capitol that property has been so identified, the
    Secretary shall agree or disagree to conveying the interest in such
    property to the Architect of the Capitol.
      "(c) Review. - If the Secretary agrees to the conveyance under
    subsection (b), or if title to the property is held by the District
    of Columbia, the real property shall be conveyed after a 30-day
    review period beginning on the date on which notice of the
    conveyance is received by the Committee on Homeland Security and
    Governmental Affairs and the Committee on Rules of the Senate and
    the Committee on Government Reform and the Committee on
    Transportation and Infrastructure of the House of Representatives.
      "(d) Study. - The Architect of the Capitol shall not construct a
    mail screening facility on any real property conveyed under this
    section unless each of the following conditions is satisfied:
        "(1) A study is completed that analyzes - 
          "(A) whether one or more other underutilized, surplus, or
        excess Federal facilities exist in which such a mail screening
        facility could be more economically located; and
          "(B) whether it would be more efficient and economical for
        the House of Representatives and Senate to share one mail
        screening facility.
        "(2) The study is submitted to the relevant committees of
      Congress.
        "(3) No fewer than 30 days have lapsed since the date of the
      submission under paragraph (2).

      "SEC. 401. DEFINITIONS.
      "In this Act [see Short Title of 2006 Amendment note set out
    under section 101 of this title], the following definitions apply:
        "(1) The term 'Administrator' means the Administrator of
      General Services.
        "(2) The term 'Director' means the Director of the National
      Park Service.
        "(3) The term 'Map' means the map entitled 'Transfer and
      Conveyance of Properties in the District of Columbia', numbered
      869/80460, and dated July 2005, which shall be kept on file in
      the appropriate office of the National Park Service.
        "(4) The term 'park purposes' includes landscaped areas,
      pedestrian walkways, bicycle trails, seating, opensided shelters,
      natural areas, recreational use areas, and memorial sites
      reserved for public use.
        "(5) The term 'Secretary' means the Secretary of the Interior.

      "SEC. 402. LIMITATION ON COSTS.
      "The United States shall not be responsible for paying any costs
    and expenses, other than costs and expenses related to or
    associated with environmental liabilities or cleanup actions
    provided under law, which are incurred by the District of Columbia
    or any other parties at any time in connection with effecting the
    provisions of this Act or any amendment made by this Act.

      "SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS.
      "An officer or employee of the United States or the District of
    Columbia may contract for payment of costs or expenses related to
    any properties which are conveyed or for which administrative
    jurisdiction is transferred under this Act or any amendment made by
    this Act.

      "SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.
      "Nothing in this Act or any amendment made by this Act may be
    construed to affect or limit the application of or obligation to
    comply with any environmental law, including section 120(h) of the
    Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. 9620(h)).

      "SEC. 405. CONGRESSIONAL REPORTS.
      "(a) District of Columbia. - Not later than January 31 of each
    year, the Mayor of the District of Columbia shall report to the
    Committee on Homeland Security and Governmental Affairs of the
    Senate and the Committee on Government Reform, the Committee on
    Energy and Commerce, the Committee on Resources, and the Committee
    on Transportation and Infrastructure of the House of
    Representatives on the use and development during the previous year
    of land for which title is conveyed to the District of Columbia and
    land for which administrative jurisdiction is transferred to the
    District of Columbia pursuant to this Act.
      "(b) Comptroller General. - The Comptroller General shall report
    periodically to the Committee on Homeland Security and Governmental
    Affairs of the Senate and the Committee on Government Reform, the
    Committee on Energy and Commerce, the Committee on Resources, and
    the Committee on Transportation and Infrastructure of the House of
    Representatives on - 
        "(1) the use and development during the previous 2 years of
      land for which title is conveyed and land for which
      administrative jurisdiction is transferred pursuant to this Act;
      and
        "(2) if applicable, how such use and development complies with
      the Anacostia Waterfront Framework Plan referred to in section
      103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2-
      1223.03, D.C. Official Code).
      "(c) Sunset. - This section shall expire 10 years after the date
    of enactment of this Act [Dec. 15, 2006].

      "SEC. 406. TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF
        THE CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS.
      "Upon transfer to the Architect of the Capitol of title to, or
    administrative jurisdiction over, any property pursuant to this
    Act, the property shall be a part of the United States Capitol
    Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and
    16(b) of the Act entitled 'An Act to define the area of the United
    States Capitol Grounds, to regulate the use thereof, and for other
    purposes' [2 U.S.C. 1961, 1966, 1967, 1922, 1969, 1961 note]
    (relating to the policing of the United States Capitol Grounds) and
    sections 5101 to 5107 and 5109 of title 40, United States Code
    (relating to prohibited acts within the United States Capitol
    Grounds).

      "SEC. 407. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.
      "With respect to each property conveyed under this Act or any
    amendment made by this Act, the Mayor of the District of Columbia,
    the Administrator, or the Secretary (as the case may be) shall
    execute and deliver a quitclaim deed or prepare and record a
    transfer plat, as appropriate, not later than 6 months after the
    property is conveyed."

                 CHANGES IN UNITED STATES CAPITOL GROUNDS             
      Pub. L. 108-447, div. G, title II, Sec. 213, Dec. 8, 2004, 118
    Stat. 3196, provided that:
      "(a) Transfer of Jurisdiction. - 
        "(1) In general. - Jurisdiction over the parcels of Federal
      real property described under paragraph (2) (over which
      jurisdiction was transferred under section 514(b)(2)(C) of the
      Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C.
      5102 note; Public Law 104-333)) is transferred to the Architect
      of the Capitol, without consideration.
        "(2) Parcels. - The parcels of Federal real property referred
      to under paragraph (1) are the following:
          "(A) That portion of New Jersey Avenue, N.W., between the
        northernmost point of the intersection of New Jersey Avenue,
        N.W., and D Street, N.W., and the northernmost point of the
        intersection of New Jersey Avenue, N.W., and Louisiana Avenue,
        N.W., between squares 631 and W632, which remains Federal
        property, and whose maintenance and repair shall be the
        responsibility of the District of Columbia.
          "(B) That portion of D Street, N.W., between its intersection
        with New Jersey Avenue, N.W., and its intersection with
        Louisiana Avenue, N.W., between squares 630 and W632, which
        remains Federal property.
      "(b) Miscellaneous. - 
        "(1) Compliance with other laws. - Compliance with this section
      shall be deemed to satisfy the requirements of all laws otherwise
      applicable to transfers of jurisdiction over parcels of Federal
      real property.
        "(2) United states capitol grounds. - 
          "(A) Definition. - Section 5102 of title 40, United States
        Code, is amended to include within the definition of the United
        States Capitol Grounds the parcels of Federal real property
        described in subsection (a)(2).
          "(B) Jurisdiction of capitol police. - The United States
        Capitol Police shall have jurisdiction over the parcels of
        Federal real property described in subsection (a)(2) in
        accordance with section 9 of the Act entitled 'An Act to define
        the United States Capitol Grounds, to regulate the use thereof,
        and for other purposes', approved July 31, 1946 (2 U.S.C.
        1961).
        "(3) Effect of transfer. - A person relinquishing jurisdiction
      over any parcel of Federal real property transferred by
      subsection (a) shall not retain any interest in the parcel except
      as specifically provided in this section.
      "(c) Effective Date. - This Act [probably means this section]
    shall apply to fiscal year 2005 and each fiscal year thereafter."
      Pub. L. 104-333, div. I, title V, Sec. 514, Nov. 12, 1996, 110
    Stat. 4165, provided that:
      "(a) Purpose. - It is the purpose of this section - 
        "(1) to assist in the effort to timely establish within the
      District of Columbia a national memorial to Japanese American
      patriotism in World War II; and
        "(2) to improve management of certain parcels of Federal real
      property located within the District of Columbia,
    by the transferring jurisdiction over such parcels to the Architect
    of the Capitol, the Secretary of the Interior, and the Government
    of the District of Columbia.
      "(b) Transfers of Jurisdiction. - 
        "(1) In general. - Effective on the date of the enactment of
      this Act [Nov. 12, 1996] and notwithstanding any other provision
      of law, jurisdiction over the parcels of Federal real property
      described in paragraph (2) is transferred without additional
      consideration as provided by paragraph (2).
        "(2) Specific transfers. - 
          "(A) Transfers to secretary of the interior. - 
            "(i) In general. - Jurisdiction over the following parcels
          is transferred to the Secretary of the Interior:
         "(I) That triangle of Federal land, including any contiguous
          sidewalks and tree space, that is part of the United States
          Capitol Grounds under the jurisdiction of the Architect of
          the Capitol bound by D Street, N.W., New Jersey Avenue, N.W.,
          and Louisiana Avenue, N.W., in square W632 in the District of
          Columbia, as shown on the Map Showing Properties Under
          Jurisdiction of the Architect of the Capitol, dated November
          8, 1994.
         "(II) That triangle of Federal land, including any contiguous
          sidewalks and tree space, that is part of the United States
          Capitol Grounds under the jurisdiction of the Architect of
          the Capitol bound by C Street, N.W., First Street, N.W., and
          Louisiana Avenue, N.W., in the District of Columbia, as shown
          on the Map Showing Properties Under Jurisdiction of the
          Architect of the Capitol, dated November 8, 1994.
            "(ii) Limitation. - The parcels transferred by clause (i)
          shall not include those contiguous sidewalks abutting
          Louisiana Avenue, N.W., which shall remain part of the United
          States Capitol Grounds under the jurisdiction of the
          Architect of the Capitol.
            "(iii) Consideration as memorial site. - The parcels
          transferred by subclause (I) of clause (i) may be considered
          as a site for a national memorial to Japanese American
          patriotism in World War II.
          "(B) Transfers to architect of the capitol. - Jurisdiction
        over the following parcels is transferred to the Architect of
        the Capitol:
            "(i) That portion of the triangle of Federal land in
          Reservation No. 204 in the District of Columbia under the
          jurisdiction of the Secretary of the Interior, including any
          contiguous sidewalks, bound by Constitution Avenue, N.E., on
          the north, the branch of Maryland Avenue, N.E., running in a
          northeast direction on the west, the major portion of
          Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on
          the east, including the contiguous sidewalks.
            "(ii) That irregular area of Federal land in Reservation
          No. 204 in the District of Columbia under the jurisdiction of
          the Secretary of the Interior, including any contiguous
          sidewalks, northeast of the real property described in clause
          (i) bound by Constitution Avenue, N.E., on the north, the
          branch of Maryland Avenue, N.E., running to the northeast on
          the south, and the private property on the west known as lot
          7, in square 726.
            "(iii) The two irregularly shaped medians lying north and
          east of the property described in clause (i), located between
          the north and south curbs of Constitution Avenue, N.E., west
          of its intersection with Second Street, N.E., all as shown in
          Land Record No. 268, dated November 22, 1957, in the Office
          of the Surveyor, District of Columbia, in Book 138, Page 58.
            "(iv) All sidewalks under the jurisdiction of the District
          of Columbia abutting on and contiguous to the land described
          in clauses (i), (ii), and (iii).
          "(C) Transfers to district of columbia. - Jurisdiction over
        the following parcels is transferred to the Government of the
        District of Columbia:
            "(i) That portion of New Jersey Avenue, N.W., between the
          northernmost point of the intersection of New Jersey Avenue,
          N.W., and D Street, N.W., and the northernmost point of the
          intersection of New Jersey Avenue, N.W., and Louisiana
          Avenue, N.W., between squares 631 and W632, which remains
          Federal property.
            "(ii) That portion of D Street, N.W., between its
          intersection with New Jersey Avenue, N.W., and its
          intersection with Louisiana Avenue, N.W., between squares 630
          and W632, which remains Federal property.
      "(c) Miscellaneous. - 
        "(1) Compliance with other laws. - Compliance with this section
      shall be deemed to satisfy the requirements of all laws otherwise
      applicable to transfers of jurisdiction over parcels of Federal
      real property.
        "(2) Law enforcement responsibility. - Law enforcement
      responsibility for the parcels of Federal real property for which
      jurisdiction is transferred by subsection (b) shall be assumed by
      the person acquiring such jurisdiction.
        "(3) United states capitol grounds. - 
          "(A) Definition. - The first section of the Act entitled 'An
        Act to define the United States Capitol Grounds, to regulate
        the use thereof, and for other purposes', approved July 31,
        1946 (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to
        include within the definition of the United States Capitol
        Grounds the parcels of Federal real property described in
        subsection (b)(2)(B).
          "(B) Jurisdiction of capitol police. - The United States
        Capitol Police shall have jurisdiction over the parcels of
        Federal real property described in subsection (b)(2)(B) in
        accordance with section 9 of such Act of July 31, 1946 (40
        U.S.C. 212a) [now 2 U.S.C. 1961].
        "(4) Effect of transfers. - A person relinquishing jurisdiction
      over a parcel of Federal real property transferred by subsection
      (b) shall not retain any interest in the parcel except as
      specifically provided by this section."
      Pub. L. 97-379, Dec. 22, 1982, 96 Stat. 1935, provided: "That
    section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a)
    [now 40 U.S.C. 5102], is amended to include within the definition
    of the United States Capitol Grounds the following additional areas
    which are situated as follows:
      "(1) All sidewalks and contiguous areas presently under the
    jurisdiction of the District of Columbia located on the south side
    of Pennsylvania Avenue, Northwest, between the west curb of First
    Street, Northwest and the east curb of Third Street, Northwest.
      "(2) All sidewalks and contiguous areas presently under the
    jurisdiction of the District of Columbia located on the north side
    of Maryland Avenue, Southwest, between the west curb of First
    Street, Southwest and the east curb of Third Street, Southwest.
      "(3) All sidewalks and contiguous areas presently under the
    jurisdiction of the District of Columbia located on the west side
    of First Street between the south curb of Pennsylvania Avenue,
    Northwest and the north curb of Maryland Avenue, Southwest.
      "(4) All sidewalks and contiguous areas presently under the
    jurisdiction of the District of Columbia located on the east side
    of Third Street between the south curb of Pennsylvania Avenue,
    Northwest and the north curb of Maryland Avenue, Southwest."
      Pub. L. 96-432, Sec. 1, Oct. 10, 1980, 94 Stat. 1851, provided:
    "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C.
    193a) [now 40 U.S.C. 5102], is amended to include within the
    definition of the United States Capitol Grounds the following
    additional areas and portions of streets which are situated as
    follows:
      "(1) that portion of D Street Northeast from the east curb of
    Second Street Northeast to the east curb of First Street Northeast;
      "(2) that portion of Second Street Northeast and Southeast from
    the south curb of F Street Northeast to the south curb of C Street
    Southeast;
      "(3) that portion of Constitution Avenue Northeast from the east
    curb of Second Street Northeast to the east curb of First Street
    Northeast;
      "(4) that portion of Pennsylvania Avenue Northwest from the west
    curb of First Street Northwest to the east curb of Third Street
    Northwest;
      "(5) that portion of Maryland Avenue Southwest from the west curb
    of First Street Southwest to the east curb of Third Street
    Southwest;
      "(6) that portion of Constitution Avenue Northwest from the east
    curb of Second Street Northwest to the east curb of Third Street
    Northwest;
      "(7) that portion of Independence Avenue Southwest from the west
    curb of First Street Southwest to the east curb of Third Street
    Southwest;
      "(8) that portion of Maryland Avenue Northeast from the east curb
    of Second Street Northeast to the east curb of First Street
    Northeast;
      "(9) that portion of East Capitol Street from the east curb of
    Second Street Southeast to the east curb of First Street Southeast;
      "(10) that portion of Independence Avenue Southeast from the east
    curb of Second Street Southeast to the east curb of First Street
    Southeast;
      "(11) that portion of C Street Southeast from the east curb of
    Second Street Southeast to the east curb of First Street Southeast;
      "(12) that portion of North Capitol Street from the south curb of
    Massachusetts Avenue to the north curb of Louisiana Avenue;
      "(13) that portion of New Jersey Avenue Northwest from the north
    curb of D Street Northwest to the north curb of Louisiana Avenue;
      "(14) that portion of Second Street Southwest from the north curb
    of D Street to the south curb of Virginia Avenue Southwest;
      "(15) that portion of Virginia Avenue Southwest from the east
    curb of Second Street Southwest to the west curb of Third Street
    Southwest;
      "(16) that portion of Third Street Southwest from the south curb
    of Virginia Avenue Southwest to the north curb of D Street
    Southwest;
      "(17) that portion of D Street Southwest from the west curb of
    Third Street Southwest to the east curb of Second Street Southwest;
      "(18) that portion of Canal Street Southwest, including sidewalks
    and traffic islands, from the south curb of Independence Avenue
    Southwest to the west curb of South Capitol Street; and
      "(19) all that area contiguous to, and surrounding, square
    numbered 724 from the property line thereof to the contiguous curb;
      "(20) those areas contiguous to, and surrounding, the areas
    comprising the grounds of the United States Botanic Garden from the
    property line of such grounds to the contiguous curb;
      "(21) all that area contiguous to, and surrounding, the
    structures comprising the United States Capitol Power Plant, from
    the building lines of such structures to the contiguous curbs; and
      "(22) all that area contiguous to, and surrounding, square
    numbered 581 from the property line thereof to the contiguous
    curb."
      Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87
    Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93-198
    having been accepted by a majority of the registered qualified
    electors in the District of Columbia voting on the charter issue in
    the charter referendum conducted May 8, 1974], provided in part
    that the definition of United States Capitol Grounds should include
    the following streets: Independence Avenue from the west curb of
    First Street S.E. to the east curb of First Street S.W., New Jersey
    Avenue S.E. from the south curb of Independence Avenue to the north
    curb of D Street S.E., South Capitol Street from the south curb of
    Independence Avenue to the north curb of D Street; Delaware Avenue
    S.W. from the south curb of C Street S.W. to the North Curb of D
    Street S.W., C Street from the west curb of First Street S.E. to
    the intersection of First and Canal Streets, S.W., D Street from
    the west curb of First Street S.E. to the intersection of Canal
    Street and Delaware Avenue S.W., that part of First Street lying
    west of the outer face of the curb of the sidewalk on the east side
    thereof from D Street, N.E. to D Street S.E., that part of First
    Street within the east and west curblines thereof extending from
    the north side of Pennsylvania Avenue N.W. to the intersection of C
    Street and Canal Street S.W., including the two circles within such
    area, but that nothing in the inclusion of such streets should be
    construed as repealing, or otherwise altering, modifying,
    affecting, or superseding those provisions of law in effect prior
    to the vesting of authority in the United States Supreme Court
    police and Library of Congress police by title IV of Pub. L. 93-198
    to make arrests in adjacent streets, including First Street N.E.
    and First Street S.E.

     JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE
                                  CAPITOL
      Pub. L. 96-432, Sec. 3, Oct. 10, 1980, 94 Stat. 1852, provided
    that: "On and after the effective date of this section [see Pub. L.
    96-432, Sec. 4, Oct. 10, 1980, 94 Stat. 1853], that portion of C
    Street Northeast from the west curb of Second Street Northeast to
    the east curb of First Street Northeast shall be under the
    exclusive jurisdiction and control of the Capitol Police Board and
    the Architect of the Capitol in the same manner and to the same
    extent as such Board or the Architect of the Capitol has over other
    streets comprising the United States Capitol Grounds, and the
    Architect of the Capitol shall be responsible for the maintenance
    and improvement thereof."

    UNITED STATES SUPREME COURT AND LIBRARY OF CONGRESS; JURISDICTIONAL
                                BOUNDARIES
      Pub. L. 96-432, Sec. 6(a), (b), Oct. 10, 1980, 94 Stat. 1853,
    provided that:
      "(a) Notwithstanding any other provisions of this Act [enacting
    section 1962 of Title 2, The Congress, amending section 193a of
    former Title 40, Public Buildings, Property, and Works, and
    enacting provisions set out as notes under this section], with
    respect to those squares occupied by the United States Supreme
    Court and the Library of Congress, those streets or portions
    thereof referred to in the first section of this Act [set out as a
    note above] which surround such squares shall be considered a part
    of the Capitol Grounds only to the face of the curbs contiguous to
    such squares.
      "(b) Nothing in this Act shall be construed as repealing, or
    otherwise altering, modifying, affecting, or superseding those
    provisions of law in effect on the date immediately preceding the
    date of the enactment of this Act [Oct. 10, 1980] vesting authority
    in the United States Supreme Court Police and the Library of
    Congress Police to make arrests in adjacent streets."

       ARCHITECT OF THE CAPITOL; ACQUISITION OF ADDITIONAL PROPERTY   
      Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 64, provided in
    part: "That upon acquisition of such real property pursuant to this
    paragraph [incorporating by reference the provisions of Pub. L. 96-
    432, Oct. 10, 1980, 94 Stat. 1851, which related to the
    acquisition of property in squares 693, 640, and 582 in the
    District of Columbia], the structure located on lot 801 of square
    693 shall become a part of the House Office Buildings, subject to
    the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a
    through 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2
    U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see
    References in Text note under section 1819 of Title 2, The
    Congress], including any amendments thereto, which are applicable
    to the Capitol Buildings, and to the Act of March 4, 1907 (40
    U.S.C. 175) [now 2 U.S.C. 2001]."
      Pub. L. 96-432, Secs. 7-10, Oct. 10, 1980, 94 Stat. 1853, 1854,
    provided that:
      "Sec. 7. (a) The Architect of the Capitol, under the direction of
    the House Office Building Commission, is hereby authorized to
    acquire, on behalf of the United States, by purchase, condemnation,
    transfer, or otherwise, for addition to the United States Capitol
    Grounds, all publicly or privately owned property contained in lot
    49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80,
    800, 801, 807, 814 through 822, and 834 in square 693 in the
    District of Columbia (including all alleys or parts of alleys and
    streets within the lotlines and curblines surrounding such real
    property): Provided, That upon the acquisition of any such real
    property by the Architect of the Capitol on behalf of the United
    States, such property shall be subject to the provisions of the Act
    of July 31, 1946 (60 Stat. 718) [2 U.S.C. 1922, 1961, 1966, 1967,
    1969; 40 U.S.C. 5101-5107, 5109, see References in Text note under
    section 1819 of Title 2, The Congress] as amended in the same
    manner and to the same extent as all other areas comprising the
    United States Capitol Grounds.
      "(b) For the purposes of this section the properties authorized
    to be acquired hereunder, shall be deemed to extend to the outer
    face of the curbs of the squares in which they are located.
      "(c) There is hereby authorized to be appropriated to the
    Architect of the Capitol for the fiscal year ending September 30,
    1981, the sum of $11,500,000 for the purpose of carrying out the
    provisions of this section, said appropriation to remain available
    until expended.
      "Sec. 8. The acquisition of real property under this Act
    [enacting section 1962 of Title 2, amending section 193a of former
    Title 40, Public Buildings, Property, and Works, and enacting
    provisions set out as notes under this section] shall be conducted
    in accordance with the Act entitled 'Uniform Relocation Assistance
    and Land Acquisition Policies Act of 1970', Public Law 91-646,
    approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any
    proceeding for condemnation brought in its course shall be
    conducted in accordance with the Act entitled 'An Act to provide
    for the acquisition of land in the District of Columbia for the use
    of the United States', approved March 1, 1929 (16 D.C. Code, secs.
    1351-1368).
      "Sec. 9. The Architect of the Capitol is authorized to enter into
    contracts and to make expenditures for grading and paving and such
    other expenditures, including expenditures for personal and other
    services, as may be necessary to carry out the purposes of section
    7 of this Act.
      "Sec. 10. Any contract entered into pursuant to this Act or
    pursuant to any amendment made by this Act shall be effective only
    to such extent and in such amounts as may be provided in advance in
    an appropriation Act."

      ACQUISITION OF PROPERTY FOR ADDITIONS TO UNITED STATES CAPITOL
                                  GROUNDS
      Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591,
    Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the
    Capitol to acquire certain real property for additions to United
    States Capitol Grounds.

               ORDER OF THE HOUSE OFFICE BUILDING COMMISSION           

                             OCTOBER 17, 1967                         
      WHEREAS, under authority of Section 1202 of Public Law 24, 84th
    Congress (69 Stat. 41), approved April 22, 1955, known as the
    "Additional House Office Building Act of 1955", the Architect of
    the Capitol, at the direction of the House Office Building
    Commission, acquired during the period of 1955 to 1960, on behalf
    of the United States, by condemnation, seven squares in the
    District of Columbia, located south of Independence Avenue, in the
    vicinity of the United States Capitol Grounds, as a site for an
    additional office building and other necessary facilities for the
    House of Representatives and for additions to the United States
    Capitol Grounds;
      WHEREAS, under the aforesaid authority, the Architect of the
    Capitol, at the direction of the Commission, acquired in 1965 on
    behalf of the United States, through transfer from the
    Redevelopment Land Agency, Square 639, also located south of
    Independence Avenue, for an addition to the United States Capitol
    Grounds;
      WHEREAS, the aforesaid eight squares are identified and bound as
    follows: Square 635, bounded on the north by Independence Avenue,
    on the east by Delaware Avenue, on the west by First Street, on the
    south by C Street; Square 637, bounded on the north by C Street, on
    the east by South Capitol Street, on the west by Delaware Avenue,
    on the south by D Street; Square South of 635, bounded on the north
    by C Street, on the east by Delaware Avenue, on the west and south
    by Canal Street; Square 691, bounded on the north by C Street, on
    the east by New Jersey Avenue, on the west by South Capitol Street,
    on the south by D Street; Square 692, bounded on the north by C
    Street, on the east by First Street, on the west by New Jersey
    Avenue, on the south by D Street; Square 732 north, bounded on the
    north by Independence Avenue, on the east by Second Street, on the
    west by First Street, on the south by Carroll Street; Square 732
    south, bounded on the north by Carroll Street, on the east by
    Second Street, on the west by First Street, on the south by C
    Street; and Square 639, bounded on the north by D Street, on the
    east by South Capitol Street, on the west and south by Canal
    Street;
      WHEREAS, title to all real property in these 8 squares is now
    vested in fee simple absolute in the United States of America;
      WHEREAS, subsequent to acquisition of these 8 squares, under the
    aforesaid authority, all alleys in these squares were closed and
    vacated, as were also Delaware Avenue between Independence Avenue
    and C Street and Carroll Street between First and Second Streets,
    by the Commissioners of the District of Columbia, and all areas
    between the property lines and outer faces of curbs surrounding
    these squares and Square 636 were transferred from the jurisdiction
    of the Commissioners of the District of Columbia to the
    jurisdiction of the Architect of the Capitol;
      WHEREAS, the Rayburn House Office Building has been constructed
    on Squares 635 and 636 (the latter square being already owned by
    the government and having been combined with Square 635 as a site
    for this building under the aforesaid authority), and the said
    building is now maintained by the Architect of the Capitol as a
    part of the House Office Buildings, and the sidewalks and other
    paved and grassed areas surrounding this building are now
    maintained as part of the Capitol Grounds;
      WHEREAS, underground garages for the House of Representatives
    have been constructed in Squares 637 and 691 and are now maintained
    by the Architect of the Capitol as part of the House Office
    Buildings, and the areas above these garages have been landscaped
    as a part of the Capitol Grounds;
      WHEREAS, Squares South of 635 and 639 have been developed as
    parking lots for automobiles for Members and employees of the House
    and are now maintained as part of the Capitol Grounds;
      WHEREAS, part of Square 692 is occupied by the Congressional
    Hotel, acquired by the Architect of the Capitol under the aforesaid
    authority and leased to the Knott Hotels Corporation for use as a
    hotel, and the remainder of this square has been converted into a
    parking lot for automobiles for Members and employees of the House
    and is now maintained as a part of the Capitol Grounds;
      WHEREAS, Squares 732 north and south were acquired as an addition
    to the Capitol Grounds, are now maintained as part of the Capitol
    Grounds, and will continue to be so maintained until such time as
    required for construction thereon of the Library of Congress James
    Madison Memorial Building, authorized by Public Law 89-260,
    approved October 19, 1965;
      WHEREAS, the aforesaid Additional House Office Building Act
    provides, in pertinent part, with respect to these properties, as
    follows:
        "* * * At such time or times as may be fixed by order of the
      House Office Building Commission, (1) any real property acquired
      under, or made available for the purposes of, this chapter shall
      become part of the United States Capitol Grounds and subject to
      the Act entitled 'An Act to define the area of the United States
      Capitol Grounds, to regulate the use thereof, and for other
      purposes', approved July 31, 1946 (40 U.S.C., secs. 193a - 193m,
      [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,
      1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References
      in Text note under section 1819 of Title 2, The Congress], and
      (2) the building and all facilities constructed pursuant to
      section 1201 of this chapter shall become subject to such Act
      approved July 31, 1946, and to the provisions of law relating to
      the control, supervision, and care of the House Office Building
      contained in the Act approved Mar. 4, 1907, as amended (40
      U.S.C., sec. 175) [now 2 U.S.C. 2001]."
      NOW, THEREFORE, in formal compliance with the aforecited
    provisions of the Additional House Office Building Act, the House
    Office Building Commission, in confirmation of actions heretofore
    taken by the Commission, hereby orders:
     1. The Rayburn House Office Building, the subway connecting such
          building to the Capitol Building, the pedestrian tunnels
          connecting such building to the Longworth House Office
          Building, the underground garages in Squares 637 and 691 and
          the tunnels connecting these garages to the House Office
          Buildings, are hereby declared to be House Office Buildings
          and, as such, are hereby made subject to those provisions of
          the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m,
          [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,
          1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including
          any amendments to such Act, which are applicable to the
          Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C.
          175) [now 2 U.S.C. 2001].
     2. All other real property acquired by the Architect of the
          Capitol under authority of the Additional House Office
          Building Act is hereby declared to be part of the United
          States Capitol Grounds and is hereby made subject to the Act
          of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,]
          212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961,
          1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including any
          amendments to such Act.
     3. Nothing herein shall be construed to contravene (a) the
          provisions of Public Law 89-260 authorizing the future use of
          Squares 732 north and south as a site for the Library of
          Congress James Madison Memorial Building; or (b) the
          authority delegated by the House Office Building Commission
          to the Select House Committee under authority of H. Res. 514,
          90th Congress, pertaining to the direction and supervision of
          the use and operation of the four House Garages and outdoor
          parking lots.
     4. This order shall become effective immediately.

                     HOUSE OFFICE BUILDING COMMISSION                 
                       John W. McCormack, Chairman.                   
                       Emanuel Celler, Member.                        
                       Charles E. Goodell, Member.                    

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    40 USC Sec. 5103                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5103. Restrictions on public use of United States Capitol
      Grounds

-STATUTE-
      Public travel in, and occupancy of, the United States Capitol
    Grounds is restricted to the roads, walks, and places prepared for
    that purpose.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5103           40:193b.                July 31, 1946, ch. 707, Sec. 
                                            2, 60 Stat. 718.            
    --------------------------------------------------------------------

      The words "by flagging, paving, or otherwise" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 5104                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5104. Unlawful activities

-STATUTE-
      (a) Definitions. - In this section - 
        (1) Act of physical violence. - The term "act of physical
      violence" means any act involving - 
          (A) an assault or other infliction or threat of infliction of
        death or bodily harm on an individual; or
          (B) damage to, or destruction of, real or personal property.

        (2) Dangerous weapon. - The term "dangerous weapon" includes - 
          (A) all articles enumerated in section 14(a) of the Act of
        July 8, 1932 (ch. 465, 47 Stat. 654); and
          (B) a device designed to expel or hurl a projectile capable
        of causing injury to individuals or property, a dagger, a dirk,
        a stiletto, and a knife having a blade over three inches in
        length.

        (3) Explosives. - The term "explosives" has the meaning given
      that term in section 841(d) of title 18.
        (4) Firearm. - The term "firearm" has the meaning given that
      term in section 921(3) (!1) of title 18.

      (b) Obstruction of Roads. - A person may not occupy the roads in
    the United States Capitol Grounds in a manner that obstructs or
    hinders their proper use, or use the roads in the area of the
    Grounds, south of Constitution Avenue and B Street and north of
    Independence Avenue and B Street, to convey goods or merchandise,
    except to or from the United States Capitol on Federal Government
    service.
      (c) Sale of Articles, Display of Signs, and Solicitations. - A
    person may not carry out any of the following activities in the
    Grounds:
        (1) offer or expose any article for sale.
        (2) display a sign, placard, or other form of advertisement.
        (3) solicit fares, alms, subscriptions, or contributions.

      (d) Injuries to Property. - A person may not step or climb on,
    remove, or in any way injure any statue, seat, wall, fountain, or
    other erection or architectural feature, or any tree, shrub, plant,
    or turf, in the Grounds.
      (e) Capitol Grounds and Buildings Security. - 
        (1) Firearms, dangerous weapons, explosives, or incendiary
      devices. - An individual or group of individuals - 
          (A) except as authorized by regulations prescribed by the
        Capitol Police Board - 
            (i) may not carry on or have readily accessible to any
          individual on the Grounds or in any of the Capitol Buildings
          a firearm, a dangerous weapon, explosives, or an incendiary
          device;
            (ii) may not discharge a firearm or explosives, use a
          dangerous weapon, or ignite an incendiary device, on the
          Grounds or in any of the Capitol Buildings; or
            (iii) may not transport on the Grounds or in any of the
          Capitol Buildings explosives or an incendiary device; or

          (B) may not knowingly, with force and violence, enter or
        remain on the floor of either House of Congress.

        (2) Violent entry and disorderly conduct. - An individual or
      group of individuals may not willfully and knowingly - 
          (A) enter or remain on the floor of either House of Congress
        or in any cloakroom or lobby adjacent to that floor, in the
        Rayburn Room of the House of Representatives, or in the Marble
        Room of the Senate, unless authorized to do so pursuant to
        rules adopted, or an authorization given, by that House;
          (B) enter or remain in the gallery of either House of
        Congress in violation of rules governing admission to the
        gallery adopted by that House or pursuant to an authorization
        given by that House;
          (C) with the intent to disrupt the orderly conduct of
        official business, enter or remain in a room in any of the
        Capitol Buildings set aside or designated for the use of either
        House of Congress or a Member, committee, officer, or employee
        of Congress or either House of Congress;
          (D) utter loud, threatening, or abusive language, or engage
        in disorderly or disruptive conduct, at any place in the
        Grounds or in any of the Capitol Buildings with the intent to
        impede, disrupt, or disturb the orderly conduct of a session of
        Congress or either House of Congress, or the orderly conduct in
        that building of a hearing before, or any deliberations of, a
        committee of Congress or either House of Congress;
          (E) obstruct, or impede passage through or within, the
        Grounds or any of the Capitol Buildings;
          (F) engage in an act of physical violence in the Grounds or
        any of the Capitol Buildings; or
          (G) parade, demonstrate, or picket in any of the Capitol
        Buildings.

        (3) Exemption of government officials. - This subsection does
      not prohibit any act performed in the lawful discharge of
      official duties by - 
          (A) a Member of Congress;
          (B) an employee of a Member of Congress;
          (C) an officer or employee of Congress or a committee of
        Congress; or
          (D) an officer or employee of either House of Congress or a
        committee of that House.

      (f) Parades, Assemblages, and Display of Flags. - Except as
    provided in section 5106 of this title, a person may not - 
        (1) parade, stand, or move in processions or assemblages in the
      Grounds; or
        (2) display in the Grounds a flag, banner, or device designed
      or adapted to bring into public notice a party, organization, or
      movement.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5104(a)        40:193m(2)-(5).         July 31, 1946, ch. 707, Sec. 
                                            16(a)(2)-(5), 60 Stat. 721; 
                                            Pub. L. 90-108, Sec. 1(d) , 
                                            Oct. 20, 1967, 81 Stat. 277.
    5104(b)        40:193c.                July 31, 1946, ch. 707,      
                                            Secs. 3-5, 7, 60 Stat. 718, 
                                            719.                        
    5104(c)        40:193d.                                             
    5104(d)        40:193e.                                             
    5104(e)        40:193f.                July 31, 1946, ch. 707, Sec. 
                                            6, 60 Stat. 718; Pub. L.    
                                            87-571, Aug. 6, 1962, 76    
                                            Stat. 307; Pub. L. 90-108,  
                                            Sec. 1(b), Oct. 20, 1967, 81
                                            Stat. 276.                  
    5104(f)        40:193g.                                             
    --------------------------------------------------------------------

      In subsection (a)(3), the words "section 841(d) of title 18" are
    substituted for "section 121(1) of title 50" because of the
    enactment of 18:ch. 39 and the repeal of the provisions classified
    to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime
    Control Act of 1970 (Public Law 91-452, 84 Stat. 952, 960). The
    plural form "explosives" is used because that is the term defined
    in 18:841(d).
      In subsection (a)(4), the words "section 921(3) of title 18" are
    substituted for "section 901(3) of title 15" because of the
    enactment of 18:ch. 44 and the repeal of the provisions classified
    to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control
    and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 226,
    234).
      In subsection (e)(1)(A), the plural "explosives" is used for
    consistency with the term defined in subsection (a)(3). In
    subclause (iii), the words "by any means" are omitted as
    unnecessary.
      In subsection (e)(2)(A), the words "unless authorized to do so
    pursuant to rules adopted, or authorization given, by that House"
    are substituted for "unless such person is authorized, pursuant to
    rules adopted by that House or pursuant to authorization given by
    that House, to enter or to remain upon such floor or in such
    cloakroom, lobby, or room" to eliminate unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act
    July 8, 1932, ch. 465, 47 Stat. 650, as amended, which is not
    classified to the Code.

-FOOTNOTE-
    (!1) So in original. Probably should be "921(a)(3)".

-End-

-CITE-
    40 USC Sec. 5105                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5105. Assistance to authorities by Capitol employees

-STATUTE-
      Each individual employed in the service of the Federal Government
    in the United States Capitol or within the United States Capitol
    Grounds shall prevent, as far as may be in the individual's power,
    a violation of a provision of this chapter or section 9, 9A, 9B,
    9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720),
    and shall aid the police in securing the arrest and conviction of
    the individual violating the provision.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5105           40:193i.                July 31, 1946, ch. 707, Sec. 
                                            10, 60 Stat. 719.           
    --------------------------------------------------------------------

      The words "by information or otherwise" are omitted as
    unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,
    referred to in text, are classified to sections 1961, 1966, 1967,
    1922, and 1969, respectively, of Title 2, The Congress.

-End-

-CITE-
    40 USC Sec. 5106                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5106. Suspension of prohibitions

-STATUTE-
      (a) Authority To Suspend. - To allow the observance in the United
    States Capitol Grounds of occasions of national interest becoming
    the cognizance and entertainment of Congress, the President of the
    Senate and the Speaker of the House of Representatives concurrently
    may suspend any of the prohibitions contained in sections 5103 and
    5104 of this title that would prevent the use of the roads and
    walks within the Grounds by processions or assemblages, and the use
    in the Grounds of suitable decorations, music, addresses, and
    ceremonies, if responsible officers have been appointed and the
    President and the Speaker determine that adequate arrangements have
    been made to maintain suitable order and decorum in the proceedings
    and to guard the United States Capitol and its grounds from injury.
      (b) Power To Suspend Prohibitions in Absence of President or
    Speaker. - If either the President or Speaker is absent from the
    District of Columbia, the authority to suspend devolves on the
    other officer. If both officers are absent, the authority devolves
    on the Capitol Police Board.
      (c) Authority of Mayor To Permit Use of Louisiana Avenue. -
    Notwithstanding subsection (a) and section 5104(f) of this title,
    the Capitol Police Board may grant the Mayor of the District of
    Columbia authority to permit the use of Louisiana Avenue for any of
    the purposes prohibited by section 5104(f).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5106(a)        40:193j.                July 31, 1946, ch. 707,      
                                            Secs. 11, 12, 60 Stat. 719. 
    5106(b)        40:193k (words                                       
                    before proviso).                                    
    5106(c)        40:193k (proviso).                                   
    --------------------------------------------------------------------

      In subsection (b), the words "District of Columbia" are
    substituted for "Washington" for clarity and consistency.
      In subsection (c), the words "Mayor of the District of Columbia"
    are substituted for "Commissioners of the District of Columbia"
    [meaning the Board of Commissioners of the District of Columbia]
    [subsequently changed to "Commissioner of the District of Columbia"
    because of section 401 of Reorganization Plan No. 3 of 1967 (eff.
    Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the
    District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.
    789).

-End-

-CITE-
    40 USC Sec. 5107                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5107. Concerts on grounds

-STATUTE-
      Sections 5102, 5103, 5104(b)-(f), 5105, 5106, and 5109 of this
    title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946
    (ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service
    of the Federal Government from giving concerts in the United States
    Capitol Grounds at times which will not interfere with Congress and
    as authorized by the Architect of the Capitol.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178; Pub. L. 108-178,
    Sec. 3(2), Dec. 15, 2003, 117 Stat. 2640.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5107           40:193l.                July 31, 1946, ch. 707, Sec. 
                                            13, 60 Stat. 720.           
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred
    to in text, are classified to sections 1961, 1966, 1967, and 1922,
    respectively, of Title 2, The Congress.

-MISC2-
                                AMENDMENTS                            
      2003 - Pub. L. 108-178 substituted "5105, 5106" for "5105, 5105".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
    5 of Pub. L. 108-178, set out as a note under section 5334 of Title
    5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 5108                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5108. Audit of private organizations

-STATUTE-
      A private organization (except a political party or committee
    constituted for the election of federal officials), whether or not
    organized for profit and whether or not any of its income inures to
    the benefit of any person, that performs services or conducts
    activities in the United States Capitol Buildings or Grounds is
    subject to a special audit of its accounts for each year in which
    it performs those services or conducts those activities. The
    Comptroller General shall conduct the audit and report the results
    of the audit to the Senate and the House of Representatives.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5108           40:193m-1.              Pub. L. 91-510, title IV,    
                                            Sec. 451(a), Oct. 26, 1970, 
                                            84 Stat. 1193.              
    --------------------------------------------------------------------

      The words "as defined by or pursuant to law" are omitted as
    unnecessary because of sections 5101 and 5102 of the revised title.
    The words "Comptroller General" are substituted for "General
    Accounting Office" because of 31:702 and for consistency in the
    revised title.

-End-

-CITE-
    40 USC Sec. 5109                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-HEAD-
    Sec. 5109. Penalties

-STATUTE-
      (a) Firearms, Dangerous Weapons, Explosives, or Incendiary Device
    Offenses. - An individual or group violating section 5104(e)(1) of
    this title, or attempting to commit a violation, shall be fined
    under title 18, imprisoned for not more than five years, or both.
      (b) Other Offenses. - A person violating section 5103 or 5104(b),
    (c), (d), (e)(2), or (f) of this title, or attempting to commit a
    violation, shall be fined under title 18, imprisoned for not more
    than six months, or both.
      (c) Procedure. - 
        (1) In general. - An action for a violation of this chapter or
      section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707,
      60 Stat. 719, 720), including an attempt or a conspiracy to
      commit a violation, shall be brought by the Attorney General in
      the name of the United States. This chapter and sections 9, 9A,
      9B, 9C and 14 do not supersede any provision of federal law or
      the laws of the District of Columbia. Where the conduct violating
      this chapter or section 9, 9A, 9B, 9C or 14 also violates federal
      law or the laws of the District of Columbia, both violations may
      be joined in a single action.
        (2) Venue. - An action under this section for a violation of - 
          (A) section 5104(e)(1) of this title or for conduct that
        constitutes a felony under federal law or the laws of the
        District of Columbia shall be brought in the United States
        District Court for the District of Columbia; and
          (B) any other section referred to in subsection (a) may be
        brought in the Superior Court of the District of Columbia.

        (3) Amount of penalty. - The penalty which may be imposed on a
      person convicted in an action under this subsection is the
      highest penalty authorized by any of the laws the defendant is
      convicted of violating.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5109           40:193h.                July 31, 1946, ch. 707, Sec. 
                                            8, 60 Stat. 719; Pub. L.    
                                            87-571, Aug. 6, 1962, 76    
                                            Stat. 307; Pub. L. 90-108,  
                                            Sec. 1(c), Oct. 20, 1967, 81
                                            Stat. 277.                  
    --------------------------------------------------------------------

      In subsection (a), the words "fined under title 18" are
    substituted for "a felony punishable by a fine not exceeding
    $5,000" for consistency with chapter 227 of title 18.
      In subsection (b), the words "fined under title 18" are
    substituted for "a misdemeanor punishable by a fine not exceeding
    $500" for consistency with chapter 227 of title 18.
      In subsection (c)(1), the words "An action . . . shall be
    brought" are substituted for ["]shall be prosecuted" for
    consistency with other titles of the United States Code. The words
    "the Attorney General" are substituted for "the United States
    attorney or his assistants" because of 28:509.
      In subsection (c)(2)(B), the words "Superior Court of the
    District of Columbia" are substituted for "Municipal Court for the
    District of Columbia" [subsequently changed to "District of
    Columbia Court of General Sessions" because of sections 1 and 7 of
    the Act of July 8, 1963 (Public Law 88-60, 77 Stat. 77, 78)]
    because of section 155(a) of the District of Columbia Court
    Reorganization Act of 1970 (Public Law 91-358, 85 Stat. 570).
      In subsection (c)(3), the words "of a violation of said sections
    and of the general laws of the United States or the laws of the
    District of Columbia" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,
    referred to in subsec. (c)(1), are classified to sections 1961,
    1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.

-End-

-CITE-
    40 USC PART C - FEDERAL BUILDING COMPLEXES                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES

-HEAD-
                    PART C - FEDERAL BUILDING COMPLEXES                

-End-

-CITE-
    40 USC CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING
           AND GROUNDS                                     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS

-HEAD-
       CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS   

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    6101.       Definitions and application.                          
    6102.       Regulations.                                          

                   SUBCHAPTER II - BUILDINGS AND GROUNDS               
    6111.       Supreme Court Building.                               
    6112.       Supreme Court Building and grounds employees.         
    6113.       Duties of the Superintendent of the Supreme Court
                 Building.                                            
    6114.       Oliver Wendell Holmes Garden.                         

                    SUBCHAPTER III - POLICING AUTHORITY                
    6121.       General.                                              
    6122.       Designation of members of the Supreme Court Police.   
    6123.       Authority of Metropolitan Police of the District of
                 Columbia.                                            

                SUBCHAPTER IV - PROHIBITIONS AND PENALTIES            
    6131.       Public travel in Supreme Court grounds.               
    6132.       Sale of articles, signs, and solicitation in Supreme
                 Court Building and grounds.                          
    6133.       Property in the Supreme Court Building and grounds.   
    6134.       Firearms, fireworks, speeches, and objectionable
                 language in the Supreme Court Building and grounds.  
    6135.       Parades, assemblages, and display of flags in the
                 Supreme Court Building and grounds.                  
    6136.       Suspension of prohibitions against use of Supreme
                 Court grounds.                                       
    6137.       Penalties.                                            

-End-

-CITE-
    40 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    40 USC Sec. 6101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 6101. Definitions and application

-STATUTE-
      (a) Definitions. - In this chapter, the following definitions
    apply:
        (1) Official guest of the supreme court. - The term "official
      guest of the Supreme Court" means an individual who is a guest of
      the Supreme Court, as determined by the Chief Justice of the
      United States or any Associate Justice of the Supreme Court;
        (2) State. - The term "State" means a State of the United
      States, the District of Columbia, Puerto Rico, the Virgin
      Islands, Guam, the Northern Mariana Islands, the Federated States
      of Micronesia, the Marshall Islands, Palau, and any territory or
      possession of the United States; and

      (b) Application. - For purposes of section 6102 of this title and
    subchapters III and IV, the Supreme Court grounds - 
        (1) extend to the line of the face of - 
          (A) the east curb of First Street Northeast, between Maryland
        Avenue Northeast and East Capitol Street;
          (B) the south curb of Maryland Avenue Northeast, between
        First Street Northeast and Second Street Northeast;
          (C) the west curb of Second Street Northeast, between
        Maryland Avenue Northeast and East Capitol Street; and
          (D) the north curb of East Capitol Street between First
        Street Northeast and Second Street Northeast; and

        (2) comprise any property under the custody and control of the
      Supreme Court as part of the Supreme Court grounds, including
      property acquired as provided by law on behalf of the Federal
      Government in lots 2, 3, 800, 801, and 802 in square 758 in the
      District of Columbia as an addition to the grounds of the Supreme
      Court Building and that parcel transferred under the Supreme
      Court Grounds Transfer Act of 2005.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109-214,
    Sec. 1(c)(2), Apr. 11, 2006, 120 Stat. 326.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6101(a)        40:13n(d).              Aug. 18, 1949, ch. 479, Sec. 
                                            9(d), as added Pub. L.      
                                            97-390, Sec. 1(c)(2), Dec.  
                                            29, 1982, 96 Stat. 1958.    
    6101(b)        40:13p.                 Aug. 18, 1949, ch. 479, Sec. 
                                            11, 63 Stat. 617; Pub. L.   
                                            97-390, Sec. 1(d), Dec. 29, 
                                            1982, 96 Stat. 1958.        
    --------------------------------------------------------------------

      In subsection (a), the definition of "United States" is omitted
    as unnecessary because, within 40:13f-13p, the words "United
    States" are used in the geographical sense only in 40:13n(a)(2) and
    (c) and the restatement of those provisions, in section 6121 of the
    revised title, substitutes the words "any State" for "any part of
    the United States".
      Before clause (1), the words "In this chapter, the following
    definitions apply" are substituted for "As used in sections 13f to
    13p of this title, the term - " for clarity. The terms are not used
    in 40:13a-13e, so using them chapter-wide does not expand their
    scope.
      In clause (2), the words "the Virgin Islands, Guam, the Northern
    Mariana Islands, the Federal States of Micronesia, the Marshall
    Islands, Palau, and any territory or possession of the United
    States" are substituted for "any territory or possession of the
    United States" to clarify that the provisions of the source law
    apply to those jurisdictions.
      In subsection (b), before clause (1), the words "In addition to
    the property referred to in the preceding sentence, for the
    purposes of sections 13f to 13p of this title, the Supreme Court
    grounds" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Supreme Court Grounds Transfer Act of 2005, referred to in
    subsec. (b)(2), is section 1 of Pub. L. 109-214, Apr. 11, 2006, 120
    Stat. 326, which is set out as a note below.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2). Pub. L. 109-214 inserted "and that parcel
    transferred under the Supreme Court Grounds Transfer Act of 2005"
    before period at end.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-214 applicable to fiscal year 2006 and
    each fiscal year thereafter, see section 1(d) of Pub. L. 109-214,
    set out as a note below.

    TRANSFER OF JURISDICTION OVER CERTAIN REAL PROPERTY TO THE SUPREME
                                   COURT
      Pub. L. 109-214, Sec. 1, Apr. 11, 2006, 120 Stat. 326, provided
    that:
      "(a) Short Title. - This section may be cited as the 'Supreme
    Court Grounds Transfer Act of 2005'.
      "(b) Transfer of Jurisdiction. - 
        "(1) In general. - Jurisdiction over the parcel of Federal real
      property described under paragraph (2) (over which jurisdiction
      was transferred to the Architect of the Capitol under section
      514(b)(2)(B)(i) of the Omnibus Parks and Public Lands Management
      Act of 1996 (40 U.S.C. 5102 note; Public Law 104-333; 110 Stat.
      4165)) is transferred to the Supreme Court of the United States,
      without consideration.
        "(2) Parcel. - The parcel of Federal real property referred to
      under paragraph (1) is that portion of the triangle of Federal
      land in Reservation No. 204 in the District of Columbia under the
      jurisdiction of the Architect of the Capitol, including any
      contiguous sidewalks, bound by Constitution Avenue, N.E., on the
      north, the branch of Maryland Avenue, N.E., running in a
      northeast direction on the west, the major portion of Maryland
      Avenue, N.E., on the south, and 2nd Street, N.E., on the east,
      including the contiguous sidewalks.
      "(c) Miscellaneous. - 
        "(1) Compliance with other laws. - Compliance with this section
      shall be deemed to satisfy the requirements of all laws otherwise
      applicable to transfers of jurisdiction over parcels of Federal
      real property.
        "(2) Inclusion in supreme court grounds. - [Amended section
      6101(b)(2) of this title.]
        "(3) United states capitol grounds. - 
          "(A) Definition. - Section 5102 of title 40, United States
        Code, is amended to exclude within the definition of the United
        States Capitol Grounds the parcel of Federal real property
        described in subsection (b)(2).
          "(B) Jurisdiction of capitol police. - The United States
        Capitol Police shall not have jurisdiction over the parcel of
        Federal real property described in subsection (b)(2) by reason
        of such parcel formerly being part of the United States Capitol
        Grounds.
        "(4) Recording of map of supreme court grounds. - The Architect
      of the Capitol shall record with the Office of the Surveyor of
      the District of Columbia a map showing areas comprising the
      grounds of the Supreme Court of the United States that reflects -
      
          "(A) the legal boundaries described under section 6101(b)(1)
        of title 40, United States Code; and
          "(B) any portion of the United States Capitol Grounds as
        described under section 5102 of title 40, United States Code,
        which is contiguous to the boundaries or property described
        under subparagraph (A) of this paragraph.
      "(d) Effective Date. - This Act shall apply to fiscal year 2006
    and each fiscal year thereafter."

     UNITED STATES SUPREME COURT BUILDING; ACQUISITION OF CERTAIN REAL
                                 PROPERTY
      Pub. L. 96-532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub.
    L. 97-390, Sec. 3, Dec. 29, 1982, 96 Stat. 1958, provided: "That
    the Architect of the Capitol is authorized to acquire on behalf of
    the United States by purchase, condemnation, transfer, or
    otherwise, as an addition to the grounds of the United States
    Supreme Court Building, all privately owned real property contained
    in lots 2, 3, 800, 801, and 802 in square 758 in the District of
    Columbia, as such lots appear on the records in the office of the
    Surveyor of the District of Columbia as of the date of the
    enactment of this Act [Dec. 15, 1980].
      "Sec. 2. The acquisition of real property under this Act shall be
    conducted in accordance with the Act entitled 'Uniform Relocation
    Assistance and Land Acquisition Policies Act of 1970', Public Law
    91-646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any
    proceeding for condemnation brought in its course shall be
    conducted in accordance with the Act entitled 'An Act to provide
    for the acquisition of land in the District of Columbia for the use
    of the United States', approved March 1, 1929 (16 D.C. Code, secs.
    1351-1368).
      "Sec. 3. Upon acquisition of such real property by the Architect
    of the Capitol, on behalf of the United States, such property shall
    become a part of the grounds of the United States Supreme Court
    Building and shall be subject to all of the provisions of the Act
    entitled 'An Act to provide for the custody and maintenance of the
    United States Supreme Court Building and the equipment and grounds
    thereof', approved May 7, 1934 (40 U.S.C. 13a-13c) [now 40 U.S.C.
    6111-6113], and section 6 of the joint resolution entitled 'Joint
    resolution to provide for the use and disposition of the bequest of
    the late Justice Oliver Wendell Holmes to the United States, and
    for other purposes', approved October 22, 1940 (40 U.S.C. 13e) [now
    40 U.S.C. 6114].
      "Sec. 4. The Architect of the Capitol is authorized to enter into
    contracts and to make expenditures for grading and paving and such
    other expenditures, including expenditures for personal and other
    services, as may be necessary to carry out the purposes of this
    Act.
      "Sec. 5. There is hereby authorized to be appropriated the sum of
    $645,000 for fiscal year 1981 for the purpose of carrying out the
    provisions of this Act, said appropriation to remain available
    until expended."

-End-

-CITE-
    40 USC Sec. 6102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 6102. Regulations

-STATUTE-
      (a) Authority of the Marshal. - In addition to the restrictions
    and requirements specified in subchapter IV, the Marshal of the
    Supreme Court may prescribe regulations, approved by the Chief
    Justice of the United States, that are necessary for - 
        (1) the adequate protection of the Supreme Court Building and
      grounds and of individuals and property in the Building and
      grounds; and
        (2) the maintenance of suitable order and decorum within the
      Building and grounds.

      (b) Posting Requirement. - All regulations prescribed under this
    section shall be posted in a public place at the Building and shall
    be made reasonably available to the public in writing.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6102           40:13l.                 Aug. 18, 1949, ch. 479, Sec. 
                                            7, 63 Stat. 617; Pub. L.    
                                            97-390, Sec. 1(b), Dec. 29, 
                                            1982, 96 Stat. 1957.        
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the word "are" is
    substituted for "may be deemed" for clarity. In clause (1), the
    word "individuals" is substituted for "persons" for clarity.

-End-

-CITE-
    40 USC SUBCHAPTER II - BUILDINGS AND GROUNDS                01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER II - BUILDINGS AND GROUNDS

-HEAD-
                   SUBCHAPTER II - BUILDINGS AND GROUNDS               

-End-

-CITE-
    40 USC Sec. 6111                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER II - BUILDINGS AND GROUNDS

-HEAD-
    Sec. 6111. Supreme Court Building

-STATUTE-
      (a) In General. - 
        (1) Structural and mechanical care. - The Architect of the
      Capitol shall have charge of the structural and mechanical care
      of the Supreme Court Building, including - 
          (A) the care and maintenance of the grounds; and
          (B) the supplying of all mechanical furnishings and
        mechanical equipment for the Building.

        (2) Operation and maintenance. - The Architect shall direct the
      operation and maintenance of the mechanical equipment and repair
      of the building.
        (3) Contract authority. - The Architect may enter into all
      necessary contracts to carry out this subsection.

      (b) Availability of Appropriations. - Amounts appropriated under -
     
        (1) subsection (a) and sections 6112 and 6113 of this title are
      available for - 
          (A) expenses of heating and air-conditioning refrigeration
        supplied by the Capitol Power Plant, advancements for which
        shall be made and deposited in the Treasury to the credit of
        appropriations provided for the Capitol Power Plant; and
          (B) the purchase of electrical energy; and

        (2) the heading "Supreme Court of the United States" and "care
      of the building and grounds" are available for - 
          (A) improvements, maintenance, repairs, equipment, supplies,
        materials, and appurtenances;
          (B) special clothing for workers;
          (C) personal and other services (including temporary labor
        without regard to chapter 51, subchapter III of chapter 53, and
        subchapter III of chapter 83, of title 5); and
          (D) without compliance with section 3709 of the Revised
        Statutes (41 U.S.C. 5) - 
            (i) for snow removal (by hire of personnel and equipment or
          under contract); and
            (ii) for the replacement of electrical transformers
          containing polychlorinated biphenyls.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109-284,
    Sec. 6(18), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6111(a)        40:13a(a).              May 7, 1934, ch. 222, Sec.   
                                            1, 48 Stat. 668; Pub. L.    
                                            95-431, title IV, ("Sec.    
                                            1(b) (less proviso)" in     
                                            proviso in par. under       
                                            heading "Care of the        
                                            Building and Grounds"), Oct.
                                            10, 1978, 92 Stat. 1036.    
    6111(b)(1)     40:13a(b).                                           
    6111(b)(2)     40:13a note.            Pub. L. 101-162, title IV,   
                                            (proviso in par. under      
                                            heading "Care of the        
                                            Building and Grounds"), Nov.
                                            21, 1989, 103 Stat. 1010.   
    --------------------------------------------------------------------

      In subsection (b)(1), the words "In addition to the foregoing,
    any" and "hereafter" are omitted as unnecessary.
      In subsection (b)(2), before subclause (A), the words "That for
    fiscal year 1990 and hereafter" are omitted as executed. In
    subclause (C), the words "chapter 51, subchapter III of chapter 53,
    and subchapter III of chapter 83, of title 5" are substituted for
    "the Classification and Retirement Acts, as amended" because of
    section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80
    Stat. 631), the first section of which enacted Title 5, United
    States Code.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 struck out second period at
    end of heading.

-End-

-CITE-
    40 USC Sec. 6112                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER II - BUILDINGS AND GROUNDS

-HEAD-
    Sec. 6112. Supreme Court Building and grounds employees

-STATUTE-
      Employees required to carry out section 6111(a) of this title
    shall be - 
        (1) appointed by the Architect of the Capitol with the approval
      of the Chief Justice of the United States;
        (2) compensated in accordance with chapter 51 and subchapter
      III of chapter 53 of title 5; and
        (3) subject to subchapter III of chapter 83 of title 5.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6112           40:13b.                 May 7, 1934, ch. 222, Sec.   
                                            2, 48 Stat. 668; Pub. L.    
                                            95-431, title IV, ("Sec.    
                                            1(b) (proviso)" in proviso  
                                            in par. under heading "Care 
                                            of the Building and         
                                            Grounds"), Oct. 10, 1978, 92
                                            Stat. 1036.                 
    --------------------------------------------------------------------

      In this section, before clause (1), the words "to carry out" are
    substituted for "for the performance of the provisions of" to
    eliminate unnecessary words. In clause (2), the words "chapter 51
    and subchapter III of chapter 53 of title 5" are substituted for
    "the Classification Act of 1949, as amended" because of section
    7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat.
    631), the first section of which enacted Title 5, United States
    Code. In clause (3), the words "subchapter III of chapter 83 of
    title 5" are substituted for "the Act entitled 'An Act for the
    retirement of employees in the classified civil service, and for
    other purposes' approved May 22, 1920, as amended (U.S.C., title 5,
    ch. 14)" because of section 7(b) of the Act of September 6, 1966
    (Public Law 89-554, 80 Stat. 631), the first section of which
    enacted Title 5, United States Code.

-End-

-CITE-
    40 USC Sec. 6113                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER II - BUILDINGS AND GROUNDS

-HEAD-
    Sec. 6113. Duties of the Superintendent of the Supreme Court
      Building

-STATUTE-
      Except as provided in section 6111(a) of this title, all duties
    and work required for the operation, domestic care, and custody of
    the Supreme Court Building shall be performed under the direction
    of the Marshal of the Supreme Court. The Marshal serves as the
    superintendent of the Building.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6113           40:13c.                 May 7, 1934, ch. 222, Sec.   
                                            3, 48 Stat. 668; June 25,   
                                            1948, ch. 646, Sec. 27, 62  
                                            Stat. 990.                  
    --------------------------------------------------------------------

      The words "Except as provided in section 6111(a) of this title"
    are substituted for "other" for clarity.

-End-

-CITE-
    40 USC Sec. 6114                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER II - BUILDINGS AND GROUNDS

-HEAD-
    Sec. 6114. Oliver Wendell Holmes Garden

-STATUTE-
      The Architect of the Capitol shall maintain and care for the
    Oliver Wendell Holmes Garden in accordance with the provisions of
    law on the maintenance and care of the grounds of the Supreme Court
    Building.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6114           40:13e.                 Oct. 22, 1940, ch. 908, Sec. 
                                            6, 54 Stat. 1208.           
    --------------------------------------------------------------------

      The words "After the completion and dedication of" are omitted as
    executed.

-End-

-CITE-
    40 USC SUBCHAPTER III - POLICING AUTHORITY                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER III - POLICING AUTHORITY

-HEAD-
                    SUBCHAPTER III - POLICING AUTHORITY                

-End-

-CITE-
    40 USC Sec. 6121                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER III - POLICING AUTHORITY

-HEAD-
    Sec. 6121. General

-STATUTE-
      (a) Authority of Marshal of the Supreme Court and Supreme Court
    Police. - In accordance with regulations prescribed by the Marshal
    of the Supreme Court and approved by the Chief Justice of the
    United States, the Marshal and the Supreme Court Police shall have
    authority - 
        (1) to police the Supreme Court Building and grounds and
      adjacent streets to protect individuals and property;
        (2) in any State, to protect - 
          (A) the Chief Justice, any Associate Justice of the Supreme
        Court, and any official guest of the Supreme Court; and
          (B) any officer or employee of the Supreme Court while that
        officer or employee is performing official duties;

        (3) while performing duties necessary to carry out paragraph
      (1) or (2), to make arrests for any violation of federal or state
      law and any regulation under federal or state law; and
        (4) to carry firearms as may be required while performing
      duties under section 6102 of this title, this subchapter, and
      subchapter IV.

      (b) Additional Requirements Related to Subsection (a)(2). - 
        (1) Authorization to carry firearms. - Duties under subsection
      (a)(2)(A) with respect to an official guest of the Supreme Court
      in any State (other than the District of Columbia, Maryland, and
      Virginia) shall be authorized in writing by the Chief Justice or
      an Associate Justice, if those duties require the carrying of
      firearms under subsection (a)(4).
        (2) Termination of authority. - The authority provided under
      subsection (a)(2) expires on December 29, 2008.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182; Pub. L. 108-356,
    Sec. 1, Oct. 21, 2004, 118 Stat. 1416.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6121(a)        40:13n(a).              Aug. 18, 1949, ch. 479, Sec. 
                                            9(a), 63 Stat. 617; Pub. L. 
                                            93-198, title VII, Sec.     
                                            739(g)(8), Dec. 24, 1973, 87
                                            Stat. 829; Pub. L. 97-390,  
                                            Sec. 1(c)(1), Dec. 29, 1982,
                                            96 Stat. 1957.              
    6121(b)        40:13n(c).              Aug. 18, 1949, ch. 479, Sec. 
                                            9(c), as added Pub. L.      
                                            97-390, Sec. 1(c)(2), Dec.  
                                            29, 1982, 96 Stat. 1958;    
                                            Pub. L. 99-218, Dec. 26,    
                                            1985, 99 Stat. 1729; Pub. L.
                                            99-492, Sec. 1, Oct. 16,    
                                            1986, 100 Stat. 1240; Pub.  
                                            L. 101-462, Oct. 25, 1990,  
                                            104 Stat. 1079; Pub. L.     
                                            103-193, Dec. 14, 1993, 107 
                                            Stat. 2293; Pub. L. 104-280,
                                            Sec. 1, Oct. 9, 1996, 110   
                                            Stat. 3359, Pub. L. 106-518,
                                            title III, Sec. 313, Nov.   
                                            13, 2000, 114 Stat. 2421.   
    --------------------------------------------------------------------

      In this section, the words "any State" are substituted for "any
    part of the United States" to eliminate unnecessary words and for
    consistency with section 6101 of the revised title.
      In subsection (a)(3), the words "federal or state law and any
    regulation under federal or state law" are substituted for "a law
    of the United States or any State and any regulation under such
    law" for consistency in the revised title.
      In subsection (b), the words "The Marshal of the Supreme Court
    shall report annually to the Congress on March 1 regarding the
    administrative cost of carrying out his duties under such
    subsection" 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 13 of House Document No. 103-7.

                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-356 substituted "2008" for
    "2004".

-End-

-CITE-
    40 USC Sec. 6122                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER III - POLICING AUTHORITY

-HEAD-
    Sec. 6122. Designation of members of the Supreme Court Police

-STATUTE-
      Under the general supervision and direction of the Chief Justice
    of the United States, the Marshal of the Supreme Court may
    designate employees of the Supreme Court as members of the Supreme
    Court Police, without additional compensation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6122           40:13f.                 Aug. 18, 1949, ch. 479, Sec. 
                                            1, 63 Stat. 616; Pub. L.    
                                            97-390, Sec. 1(a), Dec. 29, 
                                            1982, 96 Stat. 1957.        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6123                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER III - POLICING AUTHORITY

-HEAD-
    Sec. 6123. Authority of Metropolitan Police of the District of
      Columbia

-STATUTE-
      The Metropolitan Police of the District of Columbia may make
    arrests within the Supreme Court Building and grounds for a
    violation of federal or state law or any regulation under federal
    or state law. This section does not authorize the Metropolitan
    Police to enter the Supreme Court Building to make an arrest in
    response to a complaint, serve a warrant, or patrol the Supreme
    Court Building or grounds, unless the Metropolitan Police have been
    requested to do so by, or have received the consent of, the Marshal
    of the Supreme Court or an assistant to the Marshal.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6123           40:13n(b).              Aug. 18, 1949, ch. 479, Sec. 
                                            9(b), 63 Stat. 617; Pub. L. 
                                            97-390, Sec. 1(c)(1), Dec.  
                                            29, 1982, 96 Stat. 1957.    
    --------------------------------------------------------------------

      The words "violation of federal or state law or any regulation
    under federal or state law" are substituted for "violations of any
    such laws or regulations", and the words "unless the Metropolitan
    Police have been requested to do so by, or have received the
    consent of, the Marshal of the Supreme Court of the United States
    or an assistant to the Marshal" are substituted for "except with
    the consent or on the request of the Marshal of the Supreme Court
    or his assistants", for clarity.

-End-

-CITE-
    40 USC SUBCHAPTER IV - PROHIBITIONS AND PENALTIES           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
                SUBCHAPTER IV - PROHIBITIONS AND PENALTIES            

-End-

-CITE-
    40 USC Sec. 6131                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6131. Public travel in Supreme Court grounds

-STATUTE-
      Public travel in, and occupancy of, the Supreme Court grounds is
    restricted to the sidewalks and other paved surfaces.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6131           40:13g.                 Aug. 18, 1949, ch. 479, Sec. 
                                            2, 63 Stat. 616.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6132                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6132. Sale of articles, signs, and solicitation in Supreme
      Court Building and grounds

-STATUTE-
      It is unlawful - 
        (1) to offer or expose any article for sale in the Supreme
      Court Building or grounds;
        (2) to display a sign, placard, or other form of advertisement
      in the Building or grounds; or
        (3) to solicit fares, alms, subscriptions, or contributions in
      the Building or grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6132           40:13h.                 Aug. 18, 1949, ch. 479, Sec. 
                                            3, 63 Stat. 616.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6133                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6133. Property in the Supreme Court Building and grounds

-STATUTE-
      It is unlawful to step or climb on, remove, or in any way injure
    any statue, seat, wall, fountain, or other erection or
    architectural feature, or any tree, shrub, plant, or turf, in the
    Supreme Court Building or grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6133           40:13i.                 Aug. 18, 1949, ch. 479, Sec. 
                                            4, 63 Stat. 617.            
    --------------------------------------------------------------------

      The word "fountain" conforms to the original text as signed into
    law by the President. A typographical error was made in printing
    the source law in the Statutes-at-Large (63 Stat. 617) where the
    word appears as "foundation".

-End-

-CITE-
    40 USC Sec. 6134                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6134. Firearms, fireworks, speeches, and objectionable
      language in the Supreme Court Building and grounds

-STATUTE-
      It is unlawful to discharge a firearm, firework or explosive, set
    fire to a combustible, make a harangue or oration, or utter loud,
    threatening, or abusive language in the Supreme Court Building or
    grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6134           40:13j.                 Aug. 18, 1949, ch. 479, Sec. 
                                            5, 63 Stat. 617.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6135                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6135. Parades, assemblages, and display of flags in the
      Supreme Court Building and grounds

-STATUTE-
      It is unlawful to parade, stand, or move in processions or
    assemblages in the Supreme Court Building or grounds, or to display
    in the Building and grounds a flag, banner, or device designed or
    adapted to bring into public notice a party, organization, or
    movement.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6135           40:13k.                 Aug. 18, 1949, ch. 479, Sec. 
                                            6, 63 Stat. 617.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6136                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6136. Suspension of prohibitions against use of Supreme Court
      grounds

-STATUTE-
      To allow the observance of authorized ceremonies in the Supreme
    Court Building and grounds, the Marshal of the Supreme Court may
    suspend for those occasions any of the prohibitions contained in
    this subchapter as may be necessary for the occasion if - 
        (1) responsible officers have been appointed; and
        (2) the Marshal determines that adequate arrangements have been
      made - 
          (A) to maintain suitable order and decorum in the
        proceedings; and
          (B) to protect the Supreme Court Building and grounds and
        individuals and property in the Building and grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6136           40:13o.                 Aug. 18, 1949, ch. 479, Sec. 
                                            10, 63 Stat. 617.           
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6137                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS
    SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 6137. Penalties

-STATUTE-
      (a) In General. - An individual who violates this subchapter, or
    a regulation prescribed under section 6102 of this title, shall be
    fined under title 18, imprisoned not more than 60 days, or both.
      (b) Venue and Procedure. - Prosecution for a violation described
    in subsection (a) shall be in the United States District Court for
    the District of Columbia or in the Superior Court of the District
    of Columbia, on information by the United States Attorney or an
    Assistant United States Attorney.
      (c) Offenses Involving Property Damage Over $100. - If during the
    commission of a violation described in subsection (a), public
    property is damaged in an amount exceeding $100, the period of
    imprisonment for the offense may be not more than five years.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183; Pub. L. 108-356,
    Sec. 2, Oct. 21, 2004, 118 Stat. 1416.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6137           40:13m.                 Aug. 18, 1949, ch. 479, Sec. 
                                            8, 63 Stat. 617.            
    --------------------------------------------------------------------

      In subsection (a), the words "fined under title 18" are
    substituted for "fined not more than $100" for consistency with
    chapter 227 of title 18.
      In subsection (b), the words "Superior Court of the District of
    Columbia" are substituted for "Municipal Court for the District of
    Columbia" [subsequently changed to "District of Columbia Court of
    General Sessions" because of sections 1 and 7 of the Act of July 8,
    1963 (Public Law 88-60, 77 Stat. 77, 78)] because of section 155(a)
    of the District of Columbia Court Reorganization Act of 1970
    (Public Law 91-358, 85 Stat. 570).

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-356 added subsec. (b) and struck
    out heading and text of former subsec. (b). Text read as follows:
    "Prosecution for a violation described in subsection (a) shall be
    in the Superior Court of the District of Columbia, on information
    by the United States Attorney or an Assistant United States
    Attorney."

-End-

-CITE-
    40 USC CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL
           GALLERY OF ART, AND JOHN F. KENNEDY CENTER
           FOR THE PERFORMING ARTS                         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
              JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-MISC1-
    Sec.                                                     
    6301.       Definition.                                           
    6302.       Public use of grounds.                                
    6303.       Unlawful activities.                                  
    6304.       Additional regulations.                               
    6305.       Suspension of regulations.                            
    6306.       Policing of buildings and grounds.                    
    6307.       Penalties.                                            

-End-

-CITE-
    40 USC Sec. 6301                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6301. Definition

-STATUTE-
      In this chapter, the term "specified buildings and grounds" means
    - 
        (1) Smithsonian institution. - The Smithsonian Institution and
      its grounds, which include the following:
          (A) Smithsonian buildings and grounds on the national mall. -
        The Smithsonian Building, the Arts and Industries Building, the
        Freer Gallery of Art, the National Air and Space Museum, the
        National Museum of Natural History, the National Museum of
        American History, the National Museum of the American Indian,
        the Hirshhorn Museum and Sculpture Garden, the Arthur M.
        Sackler Gallery, the National Museum of African Art, the S.
        Dillon Ripley Center, and all other buildings of the
        Smithsonian Institution within the Mall, including the entrance
        walks, unloading areas, and other pertinent service roads and
        parking areas.
          (B) National zoological park. - The National Zoological Park
        comprising all the buildings, streets, service roads, walks,
        and other areas within the boundary fence of the National
        Zoological Park in the District of Columbia and including the
        public space between that fence and the face of the curb lines
        of the adjacent city streets.
          (C) Other smithsonian buildings and grounds. - All other
        buildings, service roads, walks, and other areas within the
        exterior boundaries of any real estate or land or interest in
        land (including temporary use) that the Smithsonian Institution
        acquires and that the Secretary of the Smithsonian Institution
        determines to be necessary for the adequate protection of
        individuals or property in the Smithsonian Institution and
        suitable for administration as a part of the Smithsonian
        Institution.

        (2) National gallery of art. - The National Gallery of Art and
      its grounds, which extend - 
          (A) to the line of the face of the south curb of Constitution
        Avenue Northwest, between Seventh Street Northwest, and Fourth
        Street Northwest, to the line of the face of the west curb of
        Fourth Street Northwest, between Constitution Avenue Northwest,
        and Madison Drive Northwest; to the line of the face of the
        north curb of Madison Drive Northwest, between Fourth Street
        Northwest, and Seventh Street Northwest; and to the line of the
        face of the east curb of Seventh Street Northwest, between
        Madison Drive Northwest, and Constitution Avenue Northwest;
          (B) to the line of the face of the south curb of Pennsylvania
        Avenue Northwest, between Fourth Street and Third Street
        Northwest, to the line of the face of the west curb of Third
        Street Northwest, between Pennsylvania Avenue and Madison Drive
        Northwest, to the line of the face of the north curb of Madison
        Drive Northwest, between Third Street and Fourth Street
        Northwest, and to the line of the face of the east curb of
        Fourth Street Northwest, between Pennsylvania Avenue and
        Madison Drive Northwest; and
          (C) to the line of the face of the south curb of Constitution
        Avenue Northwest, between Ninth Street Northwest and Seventh
        Street Northwest; to the line of the face of the west curb of
        Seventh Street Northwest, between Constitution Avenue Northwest
        and Madison Drive Northwest; to the line of the face of the
        north curb of Madison Drive Northwest, between Seventh Street
        Northwest and the line of the face of the east side of the east
        retaining wall of the Ninth Street Expressway Northwest; and to
        the line of the face of the east side of the east retaining
        wall of the Ninth Street Expressway Northwest, between Madison
        Drive Northwest and Constitution Avenue Northwest.

        (3) John f. kennedy center for the performing arts. - The John
      F. Kennedy Center for the Performing Arts, which extends to the
      line of the west face of the west retaining walls and curbs of
      the Inner Loop Freeway on the east, the north face of the north
      retaining walls and curbs of the Theodore Roosevelt Bridge
      approaches on the south, the east face of the east retaining
      walls and curbs of Rock Creek Parkway on the west, and the south
      curbs of New Hampshire Avenue and F Street on the north, as
      generally depicted on the map entitled "Transfer of John F.
      Kennedy Center for the Performing Arts", numbered 844/82563 and
      dated April 20, 1994 (as amended by the map entitled "Transfer of
      John F. Kennedy Center for the Performing Arts", numbered
      844/82563A and dated May 22, 1997), which shall be on file and
      available for public inspection in the office of the National
      Capital Region, National Park Service.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1184.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6301           40:193v.                Oct. 24, 1951, ch. 559, Sec. 
                                            9, 65 Stat. 635; Pub. L.    
                                            88-391, Sec. 3, Aug. 1,     
                                            1964, 78 Stat. 366; Pub. L. 
                                            90-376, Sec. 3, July 5,     
                                            1968, 82 Stat. 286; Pub. L. 
                                            102-336, Aug. 7, 1992, 106  
                                            Stat. 864; Pub. L. 103-279, 
                                            Sec. 9(c), July 21, 1994,   
                                            108 Stat. 1417; Pub. L.     
                                            105-95, Sec. 4 (related to  
                                            section 9(3) of the Act of  
                                            October 24, 1951), Nov. 19, 
                                            1997, 111 Stat. 2149.       
    --------------------------------------------------------------------

      In clause (1)(A), the words "National Museum of American History"
    are substituted for "Museum of History and Technology" because of
    section 3 of the Act of October 13, 1980 (Public Law 96-441, 20:71
    note).
      In clause (1)(C), the words "the Smithsonian Institution
    acquires" are substituted for "that shall hereafter be acquired by
    the Smithsonian Institution" to eliminate unnecessary words.
      In clause (3), the words "the site of" are omitted as unnecessary
    and for consistency in the revised section.

-End-

-CITE-
    40 USC Sec. 6302                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6302. Public use of grounds

-STATUTE-
      Public travel in, and occupancy of, the grounds specified under
    section 6301 of this title are restricted to the sidewalks and
    other paved surfaces, except in the National Zoological Park.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6302           40:193o.                Oct. 24, 1951, ch. 559, Sec. 
                                            2, 65 Stat. 634.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6303                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6303. Unlawful activities

-STATUTE-
      (a) Displays and Solicitations. - It is unlawful for anyone other
    than an authorized employee or concessionaire to carry out any of
    the following activities within the specified buildings and
    grounds:
        (1) Offer or expose any article for sale.
        (2) Display any sign, placard, or other form of advertisement.
        (3) Solicit alms, subscriptions, or contributions.

      (b) Touching of, or Injuries to, Property. - It is unlawful for
    anyone - 
        (1) other than an authorized employee, to touch or handle
      objects of art or scientific or historical objects on exhibition
      within the specified buildings or grounds; or
        (2) to step or climb on, remove, or in any way injure any
      object of art, exhibit (including an exhibit animal), equipment,
      seat, wall, fountain, or other erection or architectural feature,
      or any tree, shrub, plant, or turf, within the specified
      buildings or grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6303(a)        40:193p.                Oct. 24, 1951, ch. 559,      
                                            Secs. 3, 4, 65 Stat. 634.   
    6303(b)        40:193q.                                             
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6304                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6304. Additional regulations

-STATUTE-
      (a) Authority To Prescribe Additional Regulations. - In addition
    to the restrictions and requirements specified in sections 6302 and
    6303 of this title, the Secretary of the Smithsonian Institution,
    the Trustees of the National Gallery of Art, and the Trustees of
    the John F. Kennedy Center for the Performing Arts may prescribe
    for their respective agencies regulations necessary for - 
        (1) the adequate protection of the specified buildings and
      grounds and individuals and property in those buildings and
      grounds; and
        (2) the maintenance of suitable order and decorum within the
      specified buildings and grounds, including the control of traffic
      and parking of vehicles in the National Zoological Park and all
      other areas in the District of Columbia under their control.

      (b) Publication in Federal Register. - A regulation prescribed
    under this section shall be published in the Federal Register and
    is not effective until the expiration of 10 days after the date of
    publication.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6304           40:193r.                Oct. 24, 1951, ch. 559, Sec. 
                                            5, 65 Stat. 634; Pub. L.    
                                            88-391, Sec. 1, Aug. 1,     
                                            1964, 78 Stat. 365; Pub. L. 
                                            103-279, Sec. 9(a), July 21,
                                            1994, 108 Stat. 1416.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 6305                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6305. Suspension of regulations

-STATUTE-
      To allow authorized services, training programs, and ceremonies
    in the specified buildings and grounds, the Secretary of the
    Smithsonian Institution, the Trustees of the National Gallery of
    Art, and the Trustees of the John F. Kennedy Center for the
    Performing Arts (or their designees) may suspend for their
    respective agencies any of the prohibitions contained in sections
    6302 and 6303 of this title as may be necessary for the occasion or
    circumstance if - 
        (1) responsible officers have been appointed; and
        (2) the Secretary of the Smithsonian Institution, the Trustees
      of the National Gallery of Art, and the Trustees of the John F.
      Kennedy Center for the Performing Arts (or their designees)
      determine that adequate arrangements have been made - 
          (A) to maintain suitable order and decorum in the
        proceedings; and
          (B) to protect the specified buildings and grounds and
        persons and property in those buildings and on those grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6305           40:193u.                Oct. 24, 1951, ch. 559, Sec. 
                                            8, 65 Stat. 635; Pub. L.    
                                            103-279, Sec. 9(b), July 21,
                                            1994, 108 Stat. 1416.       
    --------------------------------------------------------------------

      Before clause (1), the words "or their designees" are substituted
    for "or their designated representatives" for consistency in the
    revised section.

-End-

-CITE-
    40 USC Sec. 6306                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6306. Policing of buildings and grounds

-STATUTE-
      (a) Designation of Employees as Special Police. - Subject to
    section 5375 of title 5, the Secretary of the Smithsonian
    Institution, the Trustees of the National Gallery of Art, and the
    Trustees of the John F. Kennedy Center for the Performing Arts (or
    their designees) may designate employees of their respective
    agencies as special police, without additional compensation, for
    duty in connection with the policing of their respective specified
    buildings and grounds.
      (b) Powers. - The employees designated as special police under
    subsection (a) - 
        (1) may, within the specified buildings and grounds, enforce,
      and make arrests for violations of, sections 6302 and 6303 of
      this title, any regulation prescribed under section 6304 of this
      title, federal or state law, or any regulation prescribed under
      federal or state law; and
        (2) may enforce concurrently with the United States Park Police
      the laws and regulations applicable to the National Capital
      Parks, and may make arrests for violations of sections 6302 and
      6303 of this title, within the several areas located within the
      exterior boundaries of the face of the curb lines of the squares
      within which the specified buildings and grounds are located.

      (c) Uniforms and Other Equipment. - The employees designated as
    special police under subsection (a) may be provided, without
    charge, with uniforms and other equipment as may be necessary for
    the proper performance of their duties, including badges,
    revolvers, and ammunition.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6306(a)        40:193n.                Oct. 24, 1951, ch. 559, Sec. 
                                            1, 65 Stat. 634; Pub. L.    
                                            91-34, Sec. 2(c), June 30,  
                                            1969, 83 Stat. 41; Pub. L.  
                                            104-134, title I, Sec.      
                                            101(c) [title II, proviso in
                                            1st par. under heading "John
                                            F. Kennedy Center for the   
                                            Performing Arts"], Apr. 26, 
                                            1996, 110 Stat. 1321-193,   
                                            renumbered as title I by    
                                            Pub. L. 104-140, Sec. 1(a), 
                                            May 2, 1996, 110 Stat. 1327.
    6306(b)(1)     40:193t (words          Oct. 24, 1951, ch. 559, Sec. 
                    before 5th comma).      7, 65 Stat. 635; Pub. L.    
                                            88-391, Sec. 2, Aug. 1,     
                                            1964, 78 Stat. 365.         
    6306(b)(2)     40:193x.                Oct. 24, 1951, ch. 559, Sec. 
                                            11, as added Pub. L. 88-391,
                                            Sec. 4, Aug. 1, 1964, 78    
                                            Stat. 366.                  
    6306(c)        40:193t (words                                       
                    after 5th comma).                                   
    --------------------------------------------------------------------

      In subsection (a), the words "section 5375 of title 5" are
    substituted for "section 5365 of title 5" because of section
    801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public
    Law 95-454, 92 Stat. 1221), which redesignated sections 5361
    through 5365 of title 5 as sections 5371 through 5375 of title 5.
    The words "or their designees" are substituted for "or their
    authorized representatives" for consistency in the revised chapter.
      In subsection (b)(2), the words "within which the specified
    buildings and grounds are located" are substituted for "within
    which the aforementioned buildings are located" for clarity.

-End-

-CITE-
    40 USC Sec. 6307                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
                  JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-
    Sec. 6307. Penalties

-STATUTE-
      (a) In General. - 
        (1) Penalty. - A person violating section 6302 or 6303 of this
      title, or a regulation prescribed under section 6304 of this
      title, shall be fined under title 18, imprisoned for not more
      than 60 days, or both.
        (2) Procedure. - Prosecution for an offense under this
      subsection shall be in the Superior Court of the District of
      Columbia, by information by the United States Attorney or an
      Assistant United States Attorney.

      (b) Offenses Involving Property Damage Over $100. - 
        (1) Penalty. - If in the commission of a violation described in
      subsection (a), property is damaged in an amount exceeding $100,
      the period of imprisonment for the offense may be not more than
      five years.
        (2) Venue and procedure. - Prosecution of an offense under this
      subsection shall be in the United States District Court for the
      District of Columbia by indictment. Prosecution may be on
      information by the United States Attorney or an Assistant United
      States Attorney if the defendant, after being advised of the
      nature of the charge and of rights of the defendant, waives in
      open court prosecution by indictment.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1187.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6307           40:193s.                Oct. 24, 1951, ch. 559, Sec. 
                                            6, 65 Stat. 635.            
    --------------------------------------------------------------------

      In subsection (a)(1), the words "fined under title 18" are
    substituted for "fined not more than $100" for consistency with
    chapter 227 of title 18.
      In subsection (a)(2), the words "Superior Court of the District
    of Columbia" are substituted for "Municipal Court for the District
    of Columbia" [subsequently changed to "District of Columbia Court
    of General Sessions" because of sections 1 and 7 of the Act of July
    8, 1963 (Public Law 88-60, 77 Stat. 77, 78)] because of section
    155(a) of the District of Columbia Court Reorganization Act of 1970
    (Public Law 91-358, 85 Stat. 570).
      In subsection (b)(1), the words "the amount of the fine for the
    offense may be not more than $5,000" are omitted for consistency
    with chapter 227 of title 18.

-End-

-CITE-
    40 USC CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY
           BUILDING                                        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
         CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING     

-MISC1-
    Sec.                                                     
    6501.       Definition.                                           
    6502.       Thurgood Marshall Federal Judiciary Building.         
    6503.       Commission for the Judiciary Office Building.         
    6504.       Lease of building.                                    
    6505.       Structural and mechanical care and security.          
    6506.       Allocation of space.                                  
    6507.       Account in Treasury.                                  

                                AMENDMENTS                            
      2006 - Pub. L. 109-284, Sec. 6(19), Sept. 27, 2006, 120 Stat.
    1213, renumbered item 6581 as 6501.

-End-

-CITE-
    40 USC Sec. 6501                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6501. Definition

-STATUTE-
      In this chapter, the term "Chief Justice" means the Chief Justice
    of the United States or the designee of the Chief Justice, except
    that when there is a vacancy in the office of the Chief Justice,
    the most senior associate justice of the Supreme Court shall be
    deemed to be the Chief Justice for purposes of this chapter until
    the vacancy is filled.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6501           40:1208.                Pub. L. 100-480, Sec. 10,    
                                            Oct. 7, 1988, 102 Stat. 2335.
    --------------------------------------------------------------------

      The text of 40:1208(1) and (3) is omitted as unnecessary because
    the complete names of the Architect of the Capitol and the
    Commission for the Judiciary Office Building are used the first
    times the terms appear in a section.

-End-

-CITE-
    40 USC Sec. 6502                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6502. Thurgood Marshall Federal Judiciary Building

-STATUTE-
      (a) Establishment and Designation. - There is a Federal Judiciary
    Building in Washington, D.C., known and designated as the "Thurgood
    Marshall Federal Judiciary Building".
      (b) Title. - 
        (1) Squares 721 and 722. - Title to squares 721 and 722 remains
      in the Federal Government.
        (2) Building. - Title to the Building and other improvements
      constructed or otherwise made immediately reverts to the
      Government at the expiration of not more than 30 years from the
      effective date of the lease agreement referred to in section 6504
      of this title without payment of any compensation by the
      Government.

      (c) Limitations. - 
        (1) Size of building. - The Building (excluding parking
      facilities) may not exceed 520,000 gross square feet in size
      above the level of Columbia Plaza in the District of Columbia.
        (2) Height of building. - The height of the Building and other
      improvements shall be compatible with the height of surrounding
      Government and historic buildings and conform to the provisions
      of the Act of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the
      Building Height Act of 1910).
        (3) Design. - The Building and other improvements shall - 
          (A) be designed in harmony with historical and Government
        buildings in the vicinity;
          (B) reflect the symbolic importance and historic character of
        the United States Capitol and other buildings on the United
        States Capitol Grounds; and
          (C) represent the dignity and stability of the Government.

      (d) Approval of Chief Justice. - All final decisions regarding
    architectural design of the Building are subject to the approval of
    the Chief Justice.
      (e) Chilled Water and Steam From Capitol Power Plant. - If the
    Building is connected with the Capitol Power Plant, the Architect
    of the Capitol shall furnish chilled water and steam from the Plant
    to the Building on a reimbursable basis.
      (f) Construction Standards. - The Building and other improvements
    constructed under this chapter shall meet all standards applicable
    to construction of a federal building.
      (g) Accounting System. - The Architect shall maintain an
    accounting system for operation and maintenance of the Building and
    other improvements which will allow accurate projections of the
    dates and cost of major repairs, improvements, reconstructions, and
    replacements of the Building and improvements and other capital
    expenditures on the Building and improvements.
      (h) Nonapplicability of Certain Laws. - 
        (1) Building codes, permits, or inspection. - The Building is
      not subject to any law of the District of Columbia relating to
      building codes, permits, or inspection, including any such law
      enacted by Congress.
        (2) Taxes. - The Building and other improvements constructed
      under this chapter are not subject to any law of the District of
      Columbia relating to real estate and personal property taxes,
      special assessments, or other taxes, including any such law
      enacted by Congress.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6502(a)        40:1201 note.           Pub. L. 103-4, Sec. 1, Feb.  
                                            8, 1993, 107 Stat. 30.      
    6502(b)        40:1202(b)(2)(B),       Pub. L. 100-480, Secs.       
                    (C).                    3(a)(6), (8), (b)(2)(B),    
                                            (C), (c)-(e), 4(c), Oct. 7, 
                                            1988, 102 Stat. 2329, 2330, 
                                            2331.                       
    6502(c)        40:1202(a)(8).                                       
    6502(d)        40:1202(a)(6).                                       
    6502(e)        40:1202(c).                                          
    6502(f)        40:1202(d) (1st, 2d                                  
                    sentences).                                         
    6502(g)        40:1203(c).                                          
    6502(h)(1)     40:1202(d) (last                                     
                    sentence).                                          
    6502(h)(2)     40:1202(e).                                          
    --------------------------------------------------------------------

      In subsection (e), the text of 40:1202(c)(1) is omitted as
    obsolete.
      In subsection (f), the text of 40:1202(d) (2d sentence) is
    omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Building Height Act of 1910, referred to in subsec. (c)(2),
    is act June 1, 1910, ch. 263, 36 Stat. 452, which is not classified
    to the Code.

-MISC2-
       REFERENCE TO THE THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING   
      Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30, provided that:
    "Any reference in any law, map, regulation, document, paper, or
    other record of the United States to the Federal Judiciary Building
    referred to in section 1 [now 40 U.S.C. 6502(a)] shall be deemed to
    be a reference to the 'Thurgood Marshall Federal Judiciary
    Building'."

-End-

-CITE-
    40 USC Sec. 6503                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6503. Commission for the Judiciary Office Building

-STATUTE-
      (a) Establishment and Membership. - There is a Commission for the
    Judiciary Office Building, composed of the following 13 members or
    their designees:
        (1) Two individuals appointed by the Chief Justice from among
      justices of the Supreme Court and other judges of the United
      States.
        (2) The members of the House Office Building Commission.
        (3) The majority leader and minority leader of the Senate.
        (4) The Chairman and the ranking minority member of the Senate
      Committee on Rules and Administration.
        (5) The Chairman and the ranking minority member of the Senate
      Committee on Environment and Public Works.
        (6) The Chairman and ranking minority member of the Committee
      on Transportation and Infrastructure of the House of
      Representatives.

      (b) Quorum. - Seven members of the Commission is a quorum.
      (c) Duties. - The Commission is responsible for the supervision
    of the design, construction, operation, maintenance, structural,
    mechanical, and domestic care, and security of the Thurgood
    Marshall Federal Judiciary Building. The Commission shall prescribe
    regulations to govern the actions of the Architect of the Capitol
    under this chapter and to govern the use and occupancy of all space
    in the Building.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6503(a)        40:1206(a), (b).        Pub. L. 100-480, Sec. 7,     
                                            Oct. 7, 1988, 102 Stat. 2334.
    6503(b)        40:1206(d).                                          
    6503(c)        40:1206(c).                                          
    --------------------------------------------------------------------

      In subsection (a)(6), the words "Transportation and
    Infrastructure" are substituted for "Public Works and
    Transportation" in section 7(b) of the Judiciary Office Building
    Development Act (Public Law 100-480, 102 Stat. 2334) because of
    section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21
    note prec.).
      In subsection (c), the words "from time to time" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 6504                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6504. Lease of building

-STATUTE-
      (a) Lease Agreement. - Under an agreement with the person
    selected to construct the Thurgood Marshall Federal Judiciary
    Building, the Architect of the Capitol shall lease the Building to
    carry out the objectives of this chapter.
      (b) Minimum Requirements of Lease Agreement. - The agreement
    includes at a minimum the following:
        (1) Limit on length of lease. - The Architect will lease the
      Building and other improvements for not more than 30 years from
      the effective date of the agreement.
        (2) Rental rate. - The rental rate per square foot of
      occupiable space for all space in the Building and other
      improvements will be in the best interest of the Federal
      Government and will carry out the objectives of this chapter. The
      aggregate rental rate for all space in the Building and other
      improvements shall produce an amount at least equal to the amount
      necessary to amortize the cost of development of squares 721 and
      722 in the District of Columbia over the life of the lease.
        (3) Authority to make space available and sublease space. - The
      Architect may make space available and sublease space in the
      Building and other improvements in accordance with section 6506
      of this title.
        (4) Other terms and conditions. - The agreement contains terms
      and conditions the Architect prescribes to carry out the
      objectives of this chapter.

      (c) Obligation of Amounts. - Obligation of amounts for lease
    payments under this section may only be made - 
        (1) on an annual basis; and
        (2) from the account described in section 6507 of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6504(a)        40:1203(a).             Pub. L. 100-480, Secs.       
                                            3(b)(2)(D) (words after     
                                            "provisions of this         
                                            chapter"), 4(a), (b), (d),  
                                            Oct. 7, 1988, 102 Stat.     
                                            2330, 2331.                 
    6504(b)(1)-    40:1203(b).                                          
     (3)                                                                
    6504(b)(4)     40:1202(b)(2)(D)                                     
                    (words after                                        
                    "provisions of this                                 
                    Act").                                              
    6504(c)        40:1203(d).                                          
    --------------------------------------------------------------------

      Subsection (a) is substituted for 40:1203(a) to eliminate
    obsolete words.
      In subsection (b)(2), the words "in the District of Columbia" are
    added for clarity.

-End-

-CITE-
    40 USC Sec. 6505                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6505. Structural and mechanical care and security

-STATUTE-
      (a) Structural and Mechanical Care. - The Architect of the
    Capitol, under the direction of the Commission for the Judiciary
    Office Building - 
        (1) is responsible for the structural and mechanical care and
      maintenance of the Thurgood Marshall Federal Judiciary Building
      and improvements, including the care and maintenance of the
      grounds of the Building, in the same manner and to the same
      extent as for the structural and mechanical care and maintenance
      of the Supreme Court Building under section 6111 of this title;
      and
        (2) shall perform all other duties and work required for the
      operation and domestic care of the Building and improvements.

      (b) Security. - 
        (1) Capitol police. - The United States Capitol Police - 
          (A) are responsible for all exterior security of the Building
        and other improvements constructed under this chapter; and
          (B) may police the Building and other improvements, including
        the interior and exterior, and may make arrests within the
        interior and exterior of the Building and other improvements
        for any violation of federal or state law or the laws of the
        District of Columbia, or any regulation prescribed under any of
        those laws.

        (2) Marshal of the supreme court. - This chapter does not
      interfere with the obligation of the Marshal of the Supreme Court
      to protect justices, officers, employees, or other personnel of
      the Supreme Court who may occupy the Building and other
      improvements.
        (3) Reimbursement. - The Architect shall transfer from the
      account described in section 6507 of this title amounts necessary
      to reimburse the United States Capitol Police for expenses
      incurred in providing exterior security under this subsection.
      The Capitol Police may accept amounts the Architect transfers
      under this paragraph. Those amounts shall be credited to the
      appropriation account charged by the Capitol Police in carrying
      out security duties.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1190.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6505(a)        40:1204(a).             Pub. L. 100-480, Sec. 5,     
                                            Oct. 7, 1988, 102 Stat.     
                                            2331; Pub. L. 102-392, title
                                            III, Sec. 311(a), Oct. 6,   
                                            1992, 106 Stat. 1723.       
    6505(b)(1)(    40:1204(b)(1).                                       
     A)                                                                 
    6505(b)(1)(    40:1204(c).                                          
     B)                                                                 
    6505(b)(       40:1204(b)(2), (3).                                  
     2), (3)                                                            
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "Upon occupancy
    by the United States of the building and other improvements
    constructed under this chapter" are omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 6506                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6506. Allocation of space

-STATUTE-
      (a) Priority. - 
        (1) Judicial branch. - Subject to this section, the Architect
      of the Capitol shall make available to the judicial branch of the
      Federal Government all space in the Thurgood Marshall Federal
      Judiciary Building and other improvements constructed under this
      chapter. The space shall be made available on a reimbursable
      basis and substantially in accordance with the report referred to
      in section 3(b)(1) of the Judiciary Office Building Development
      Act (Public Law 100-480, 102 Stat. 2330).
        (2) Other federal governmental entities. - The Architect may
      make available to federal governmental entities which are not
      part of the judicial branch and which are not staff of Members of
      Congress or congressional committees any space in the Building
      and other improvements that the Chief Justice decides is not
      needed by the judicial branch. The space shall be made available
      on a reimbursable basis.
        (3) Other persons. - If any space remains, the Architect may
      sublease it pursuant to subsection (e), under the direction of
      the Commission for the Judiciary Office Building, to any person.

      (b) Space for Judicial Branch and Other Federal Governmental
    Entities. - Space made available under subsection (a)(1) or (2) is
    subject to - 
        (1) terms and conditions necessary to carry out the objectives
      of this chapter; and
        (2) reimbursement at the rate established under section
      6504(b)(2) of this title plus an amount necessary to pay each
      year for the cost of administering the Building and other
      improvements (including the cost of operation, maintenance,
      rehabilitation, security, and structural, mechanical, and
      domestic care) that is attributable to the space, with the amount
      to be determined by the Architect and - 
          (A) in the case of the judicial branch, the Director of the
        Administrative Office of the United States Courts; or
          (B) in the case of any federal governmental entity not a part
        of the judicial branch, the entity.

      (c) Space for Judicial Branch. - 
        (1) Assignment of space within judicial branch. - The Director
      may assign space made available to the judicial branch under
      subsection (a)(1) among offices of the judicial branch as the
      Director considers appropriate.
        (2) Vacating occupied space. - When the Chief Justice notifies
      the Architect that the judicial branch requires additional space
      in the Building and other improvements, the Architect shall
      accommodate those requirements within 90 days after the date of
      the notification, except that if the space was made available to
      the Administrator of General Services, it shall be vacated
      expeditiously by not later than a date the Chief Justice and the
      Administrator agree on.
        (3) Unoccupied space. - The Chief Justice has the right of
      first refusal to use unoccupied space in the Building to meet the
      needs of the judicial branch.

      (d) Lease by Architect. - 
        (1) Authority to lease. - Subject to approval by the Committees
      on Appropriations of the House of Representatives and the Senate,
      the House Office Building Commission, and the Committee on Rules
      and Administration of the Senate, the Architect may lease and
      occupy not more than 75,000 square feet of space in the Building.
        (2) Payments. - Payments under the lease shall be made on
      vouchers the Architect approves. Necessary amounts may be
      appropriated - 
          (A) to the Architect to carry out this subsection, including
        amounts for acquiring and installing furniture and furnishings;
        and
          (B) to the Sergeant at Arms of the Senate to plan for,
        acquire, and install telecommunications equipment and services
        for the Architect with respect to space leased under this
        subsection.

      (e) Subleased Space. - 
        (1) Rental rate. - Space subleased by the Architect under
      subsection (a)(3) is subject to reimbursement at a rate which is
      comparable to prevailing rental rates for similar facilities in
      the area but not less than the rate established under section
      6504(b)(2) of this title plus an amount the Architect and the
      person subleasing the space agree is necessary to pay each year
      for the cost of administering the Building (including the cost of
      operation, maintenance, rehabilitation, security, and structural,
      mechanical, and domestic care) that is attributable to the space.
        (2) Limitation. - A sublease under subsection (a)(3) must be
      compatible with the dignity and functions of the judicial branch
      offices housed in the Building and must not unduly interfere with
      the activities and operations of the judicial branch agencies
      housed in the Building. Sections 5104(c) and 5108 of this title
      do not apply to any space in the Building and other improvements
      subleased to a non-Government tenant under subsection (a)(3).
        (3) Collection of rent. - The Architect shall collect rent for
      space subleased under subsection (a)(3).

      (f) Deposit of Rent and Reimbursements. - Amounts received under
    subsection (a)(3) (including lease payments and reimbursements)
    shall be deposited in the account described in section 6507 of this
    title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1190.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6506(a)(       40:1205(a)(1), (2).     Pub. L. 100-480, Sec.        
     1), (2)                                6(a)(1)-(6), (b), (c), Oct. 
                                            7, 1988, 102 Stat. 2332.    
    6506(a)(3)     40:1205(b)(1).                                       
    6506(b)        40:1205(a)(3), (4).                                  
    6506(c)(1)     40:1205(a)(6).                                       
    6506(c)(       40:1205(a)(5).                                       
     2), (3)                                                            
    6506(d)        40:1205(a)(7), (8).     Pub. L. 100-480, Sec.        
                                            6(a)(7), (8), as added Pub. 
                                            L. 102-392, title III, Sec. 
                                            318, Oct. 6, 1992, 106 Stat.
                                            1724.                       
    6506(e)        40:1205(b)(2)-(4).                                   
    6506(f)        40:1205(c).                                          
    --------------------------------------------------------------------

      In subsection (a)(3), the text of 40:1205(b)(1)(words before
    semicolon) is omitted as unnecessary. The words "pursuant to
    subsection (e)" are added for clarity.
      In subsection (b)(2)(B), the word "federal" is added for clarity.
      In subsection (c)(1), the words "and reassign" are omitted as
    unnecessary.
      In subsection (d)(1), the word "Building" [meaning the Thurgood
    Marshall Federal Judiciary Building] is substituted for "Federal
    Judiciary Building" in the source provision because of section 2 of
    the Act of February 8, 1993 (Public Law 103-4, 107 Stat. 30).
      In subsection (f), the reference to "this subsection" is
    translated as "this section" to correct an apparent error in the
    source provision being restated.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3(b)(1) of the Judiciary Office Building Development Act,
    referred to in subsec. (a)(1), is section 3(b)(1) of Pub. L. 100-
    480, Oct. 7, 1988, 102 Stat. 2330, which was classified to section
    1202(b)(1) of former Title 40, Public Buildings, Property, and
    Works, prior to repeal by Pub. L. 107-217, Sec. 6(b), Aug. 21,
    2002, 116 Stat. 1304.

-End-

-CITE-
    40 USC Sec. 6507                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-
    Sec. 6507. Account in Treasury

-STATUTE-
      (a) Establishment and Contents of Separate Account. - There is a
    separate account in the Treasury. The account includes all amounts
    deposited in the account under section 6506(f) of this title and
    amounts appropriated to the account. However, the appropriated
    amounts may not be more than $2,000,000.
      (b) Use of Amounts. - Amounts in the account are available to the
    Architect of the Capitol - 
        (1) for paying expenses for structural, mechanical, and
      domestic care, maintenance, operation, and utilities of the
      Thurgood Marshall Federal Judiciary Building and other
      improvements constructed under this chapter;
        (2) for reimbursing the United States Capitol Police for
      expenses incurred in providing exterior security for the Building
      and other improvements;
        (3) for making lease payments under section 6504 of this title;
      and
        (4) for necessary personnel (including consultants).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1192.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6507           40:1207.                Pub. L. 100-480, Sec. 9,     
                                            Oct. 7, 1988, 102 Stat.     
                                            2334; Pub. L. 102-392, title
                                            III, Sec. 311(b), Oct. 6,   
                                            1992, 106 Stat. 1723.       
    --------------------------------------------------------------------

      The text of 40:1207(b) is omitted as obsolete.

-End-

-CITE-
    40 USC CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
               CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT           

-MISC1-
      SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES,
                           TITLE, AND INTERESTS
    Sec.                                                     
    6701.       Transfer of rights and authorities of Pennsylvania
                 Avenue Development Corporation.                      
    6702.       Transfer and assignment of rights, title, and
                 interests in property.                               

              SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT          
    6711.       Definition.                                           
    6712.       Powers of other agencies and instrumentalities in the
                 development area.                                    
    6713.       Certification of new construction.                    
    6714.       Relocation services.                                  
    6715.       Coordination with District of Columbia.               
    6716.       Reports.                                              

               SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT           
    6731.       Definitions.                                          
    6732.       Federal Triangle development area.                    
    6733.       Federal Triangle property.                            
    6734.       Ronald Reagan Building and International Trade Center.

                                AMENDMENTS                            
      2006 - Pub. L. 109-284, Sec. 6(20), Sept. 27, 2006, 120 Stat.
    1213, substituted "ASSIGNMENT" for "ASSIGMENT" in item for
    subchapter I.

-End-

-CITE-
    40 USC SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS,
           AUTHORITIES, TITLE, AND INTERESTS               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES,
                    TITLE, AND INTERESTS        

-HEAD-
      SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES,
                           TITLE, AND INTERESTS

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-284, Sec. 6(21), Sept. 27, 2006, 120 Stat.
    1213, substituted "ASSIGNMENT" for "ASSIGMENT" in heading.

-End-

-CITE-
    40 USC Sec. 6701                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES,
                    TITLE, AND INTERESTS        

-HEAD-
    Sec. 6701. Transfer of rights and authorities of Pennsylvania
      Avenue Development Corporation

-STATUTE-
      (a) In General. - The Administrator of General Services - 
        (1) may make and perform transactions with an agency or
      instrumentality of the Federal Government, a State, the District
      of Columbia, or any person as necessary to carry out the trade
      center plan at the Federal Triangle Project; and
        (2) has all the rights and authorities of the former
      Pennsylvania Avenue Development Corporation with regard to
      property transferred from the Corporation to the General Services
      Administration in fiscal year 1996.

      (b) Use of Amounts and Income. - 
        (1) Activities associated with transferred responsibilities. -
      The Administrator may use amounts transferred from the
      Corporation or income earned on Corporation property for
      activities associated with carrying out the responsibilities of
      the Corporation transferred to the Administrator. Any income
      earned after October 1, 1998, shall be deposited to the Federal
      Buildings Fund to be available for the purposes authorized under
      this subchapter, notwithstanding section 592(c)(1) of this title.
        (2) Excess amounts or income. - Any amounts or income the
      Administrator considers excess to the amount needed to fulfill
      the responsibilities of the Corporation transferred to the
      Administrator shall be applied to any outstanding debt the
      Corporation incurred when acquiring real estate, except debt
      associated with the Ronald Reagan Building and International
      Trade Center.

      (c) Payment to District of Columbia. - With respect to real
    property transferred from the Corporation to the Administrator
    under section 6702 of this title, the Administrator shall pay to
    the District of Columbia government, in the same way as previously
    paid by the Corporation, an amount equal to the amount of real
    property tax which would have been payable to the government
    beginning on the date the Corporation acquired the real property if
    legal title to the property had been held by a private citizen on
    that date and during all periods to which that date relates.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1193.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6701(a)        40:872 note (words      Pub. L. 104-208, div. A,     
                    before 1st proviso).     title I, Sec. 101(f) [title 
                                            IV, 3d-6th provisos on p.   
                                            3009-335], Sept. 30, 1996,  
                                            110 Stat. 3009-335.         
    6701(b)        40:872 note (1st,                                    
                    2d provisos).                                       
                   40:872 note.            Pub. L. 105-277, Sec. 101(h) 
                                            [title IV, 9th proviso on p.
                                            2681-502], Oct. 21, 1998,   
                                            112 Stat. 2681-502.         
    6701(c)        40:872 note (last                                    
                    proviso).                                           
                   40:879(b).              Pub. L. 92-578, Sec. 10(b),  
                                            Oct. 27, 1972, 86 Stat. 1274.
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "in fiscal year
    1997 and thereafter" are omitted as obsolete. In clause (1), the
    words "leases, contracts or other" are omitted as unnecessary. The
    words "firm, association, or corporation" are omitted because of
    the definition of "person" in 1:1.
      In subsection (b)(1), the words "notwithstanding any other
    provision of law" are omitted as unnecessary. The words "That the
    remaining balances and associated assets and laibilites [sic] of
    the Pennsylvania Avenue Activities account are hereby transferred
    to the Federal Buildings Fund to be effective October 1, 1998" are
    omitted as executed.
      In subsection (c), the words "To the extent that the District of
    Columbia may not suffer undue loss of tax revenue by reason of the
    provisions of subsection (a) of this section" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 6702                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES,
                    TITLE, AND INTERESTS        

-HEAD-
    Sec. 6702. Transfer and assignment of rights, title, and interests
      in property

-STATUTE-
      (a) In General. - 
        (1) Leases, covenants, agreements, and easements. - As provided
      in this section, the General Services Administration, the
      National Capital Planning Commission, and the National Park
      Service have the rights, title, and interest of the Pennsylvania
      Avenue Development Corporation in and to all leases, covenants,
      agreements, and easements the Corporation executed before April
      1, 1996, in carrying out its powers and duties under the
      Pennsylvania Avenue Development Corporation Act of 1972 (Public
      Law 92-578, 86 Stat. 1266) and the Federal Triangle Development
      Act (Public Law 100-113, 101 Stat. 735).
        (2) Property. - The Administration has the rights, title, and
      interest of the Corporation in and to all property held in the
      name of the Corporation, except as provided in subsection (c).

      (b) General Services Administration. - 
        (1) Responsibilities. - The responsibilities of the Corporation
      transferred to the Administration under subsection (a) include - 
          (A) the collection of revenue owed the Federal Government as
        a result of real estate sales or lease agreements made by the
        Corporation and private parties, including - 
            (i) the Willard Hotel property on Square 225;
            (ii) the Gallery Row project on Square 457;
            (iii) the Lansburgh's project on Square 431; and
            (iv) the Market Square North project on Square 407;

          (B) the collection of sale or lease revenue owed the
        Government from the sale or lease before April 1, 1996, of two
        undeveloped sites owned by the Corporation on Squares 457 and
        406;
          (C) the application of collected revenue to repay Treasury
        debt the Corporation incurred when acquiring real estate;
          (D) performing financial audits for projects in which the
        Corporation has actual or potential revenue expectation, as
        identified in subparagraphs (A) and (B), in accordance with
        procedures described in applicable sale or lease agreements;
          (E) the disposition of real estate properties which are or
        become available for sale and lease or other uses;
          (F) payment of benefits in accordance with the Uniform
        Relocation Assistance and Real Property Acquisition Policies
        Act of 1970 (42 U.S.C. 4601 et seq.) to which persons in the
        project area squares are entitled as a result of the
        Corporation's acquisition of real estate; and
          (G) carrying out the responsibilities of the Corporation
        under subchapter III and the Federal Triangle Development Act
        (Public Law 100-113, 101 Stat. 735), including responsibilities
        for managing assets and liabilities of the Corporation under
        subchapter III and the Act.

        (2) Powers. - In carrying out the responsibilities of the
      Corporation transferred under this section, the Administrator of
      General Services may - 
          (A) acquire land, improvements, and property by purchase,
        lease or exchange, and sell, lease, or otherwise dispose of any
        property, as necessary to complete the development plan
        developed under section 5 of the Pennsylvania Avenue
        Development Corporation Act of 1972 (Public Law 92-578, 86
        Stat. 1269) if a notice of intention to carry out the
        acquisition or disposal is first transmitted to the Committee
        on Transportation and Infrastructure and the Committee on
        Appropriations of the House of Representatives and the
        Committee on Environment and Public Works and the Committee on
        Appropriations of the Senate and at least 60 days elapse after
        the date of the transmission;
          (B) modify the plan referred to in subparagraph (A) if the
        modification is first transmitted to the Committee on
        Transportation and Infrastructure and the Committee on
        Appropriations of the House of Representatives and the
        Committee on Environment and Public Works and the Committee on
        Appropriations of the Senate and at least 60 days elapse after
        the date of the transmission;
          (C) maintain any existing Corporation insurance programs;
          (D) make and perform transactions with an agency or
        instrumentality of the Federal Government, a State, the
        District of Columbia, or any person as necessary to carry out
        the responsibilities of the Corporation under subchapter III
        and the Federal Triangle Development Act (Public Law 100-113,
        101 Stat. 735);
          (E) request the Council of the District of Columbia to close
        any alleys necessary for the completion of development in
        Square 457; and
          (F) use all of the amount transferred from the Corporation or
        income earned on Corporation property to complete any pending
        development projects.

      (c) National Park Service. - 
        (1) Property. - The National Park Service has the right, title,
      and interest in and to the property located in the Pennsylvania
      Avenue National Historic Site, including the parks, plazas,
      sidewalks, special lighting, trees, sculpture, and memorials,
      depicted on a map entitled "Pennsylvania Avenue National Historic
      Park", dated June 1, 1995, and numbered 840-82441. The map shall
      be on file and available for public inspection in the offices of
      the Service.
        (2) Responsibilities. - The Service is responsible for
      management, administration, maintenance, law enforcement, visitor
      services, resource protection, interpretation, and historic
      preservation at the Site.
        (3) Special events, festivals, concerts, or programs. - The
      Service may - 
          (A) make transactions with an agency or instrumentality of
        the Government, a State, the District of Columbia, or any
        person as considered necessary or appropriate for the conduct
        of special events, festivals, concerts, or other art and
        cultural programs at the Site; or
          (B) establish a nonprofit foundation to solicit amounts for
        those activities.

        (4) Jurisdiction of district of columbia. - Jurisdiction of
      Pennsylvania Avenue and all other roadways from curb to curb
      remains with the District of Columbia but vendors are not
      permitted to occupy street space except during temporary special
      events.

      (d) National Capital Planning Commission. - The National Capital
    Planning Commission is responsible for ensuring that development in
    the Pennsylvania Avenue area is carried out in accordance with the
    Pennsylvania Avenue Development Corporation Plan - 1974.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1194.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6702           40:872 note.            Pub. L. 104-134, title I,    
                                            Sec. 101(c) [title III, Sec.
                                            313(a)-(e)], Apr. 26, 1996, 
                                            110 Stat. 1321-198,         
                                            renumbered as title I by    
                                            Pub. L. 104-140, Sec. 1(a), 
                                            May 2, 1996, 110 Stat. 1327.
    --------------------------------------------------------------------

      Subsection (a) is substituted for section 313(a) of title III of
    section 101(c) of the Act of April 26, 1996, to eliminate obsolete
    words.
      In subsection (a)(2), the words "both real and personal" are
    omitted as unnecessary.
      In subsection (b)(1)(A), before subclause (i), the words "with
    respect to the following projects" are omitted as unnecessary.
      In subsection (b)(1)(F), the word "Acquisition" is substituted
    for "Acquisitions" to correct an error in the source provision.
      In subsections (b)(2)(D) and (c)(3)(A), the words "firm,
    association, or corporation" are omitted because of the definition
    of "person" in 1:1.
      In subsection (b)(2)(D), the words "leases, contracts, or other"
    are omitted as unnecessary.
      Subsection (c)(1) is substituted for section 313(d)(1) of title
    III of section 101(c) of the Act of April 26, 1996, to eliminate
    obsolete words.
      In subsection (c)(3)(A), the words "contracts, cooperative
    agreements, or other" are omitted as unnecessary.
      In subsection (d), the words "Notwithstanding any other provision
    of law" are omitted as unnecessary. The words "commencing April 1,
    1996" are omitted as obsolete. The words "or its successor" and "or
    redevelopment" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Pennsylvania Avenue Development Corporation Act of 1972,
    referred to in subsec. (a)(1), is Pub. L. 92-578, Oct. 27, 1972, 86
    Stat. 1266, as amended, which was classified to chapter 19 (Sec.
    871 et seq.) of former Title 40, Public Buildings, Property, and
    Works, prior to repeal and reenactment as section 6701 of this
    title and subchapter II of this chapter by Pub. L. 107-217, Secs.
    1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete
    classification of this Act to the Code, see Tables.
      Section 5 of the Act was classified to section 874 of former
    Title 40 prior to repeal by Pub. L. 107-217.
      The Federal Triangle Development Act, referred to in subsecs.
    (a)(1), (b)(1)(G), and (2)(D), is Pub. L. 100-113, Aug. 21, 1987,
    101 Stat. 735, as amended, which was classified to chapter 22 (Sec.
    1101 et seq.) of former Title 40, Public Buildings, Property, and
    Works, prior to repeal, omission, and reenactment as subchapter III
    of this chapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002,
    116 Stat. 1062, 1304. For complete classification of this Act to
    the Code, see Tables.
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (b)(1)(F), is Pub. L.
    91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is
    classified principally to chapter 61 (Sec. 4601 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
    4601 of Title 42 and Tables.

-End-

-CITE-
    40 USC SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
              SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT          

-End-

-CITE-
    40 USC Sec. 6711                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6711. Definition

-STATUTE-
      In this subchapter, the term "development area" means the area to
    be developed, maintained, and used in accordance with this
    subchapter and the Pennsylvania Avenue Development Corporation Act
    of 1972 (Public Law 92-578, 86 Stat. 1266) and is the area bounded
    as follows:
        Beginning at a point on the southwest corner of the
      intersection of Fifteenth Street and E Street Northwest;
        thence proceeding east along the southern side of E Street to
      the southwest corner of the intersection of Thirteenth Street and
      Pennsylvania Avenue Northwest;
        thence southeast along the southern side of Pennsylvania Avenue
      to a point being the southeast corner of the intersection of
      Pennsylvania Avenue and Third Street Northwest;
        thence north along the eastern side of Third Street to the
      northeast corner of the intersection of C Street and Third Street
      Northwest;
        thence west along the northern side of C Street to the
      northeast corner of the intersection of C Street and Sixth Street
      Northwest;
        thence north along the eastern side of Sixth Street to the
      northeast corner of the intersection of E Street and Sixth Street
      Northwest;
        thence west along the northern side of E Street to the
      northeast corner of the intersection of E Street and Seventh
      Street Northwest;
        thence north along the eastern side of Seventh Street to the
      northeast corner of the intersection of Seventh Street and F
      Street Northwest;
        thence west along the northern side of F Street to the
      northwest corner of the intersection of F Street and Ninth Street
      Northwest;
        thence south along the western side of Ninth Street to the
      northwest corner of the intersection of Ninth Street and E Street
      Northwest;
        thence west along the northern side of E Street to the
      northeast corner of the intersection of E Street and Thirteenth
      Street Northwest;
        thence north along the eastern side of Thirteenth Street to the
      northeast corner of the intersection of F Street and Thirteenth
      Street Northwest;
        thence west along the northern side of F Street to the
      northwest corner of the intersection of F Street and Fifteenth
      Street Northwest;
        thence north along the western side of Fifteenth Street to the
      northwest corner of the intersection of Pennsylvania Avenue and
      Fifteenth Street Northwest;
        thence west along the southern side of Pennsylvania Avenue to
      the southeast corner of the intersection of Pennsylvania Avenue
      and East Executive Avenue Northwest;
        thence south along the eastern side of East Executive Avenue to
      the intersection of South Executive Place and E Street Northwest;
        thence east along the southern side of E Street to the point of
      beginning.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1196.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6711           40:871.                 Pub. L. 92-578, Sec. 2, Oct. 
                                            27, 1972, 86 Stat. 1266.    
    --------------------------------------------------------------------

      The text of 40:871(a)-(e) is omitted as obsolete.
      The words "being the southwest corner of the intersection of
    Fifteenth Street and E Street Northwest" are omitted as
    unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Pennsylvania Avenue Development Corporation Act of 1972,
    referred to in text, is Pub. L. 92-578, Oct. 27, 1972, 86 Stat.
    1266, as amended, which was classified to chapter 19 (Sec. 871 et
    seq.) of former Title 40, Public Buildings, Property, and Works,
    prior to repeal and reenactment as section 6701 of this title and
    this subchapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002,
    116 Stat. 1062, 1304. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    40 USC Sec. 6712                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6712. Powers of other agencies and instrumentalities in the
      development area

-STATUTE-
      This subchapter and the Pennsylvania Avenue Development
    Corporation Act of 1972 (Public Law 92-578, 86 Stat. 1266) do not
    preclude other agencies or instrumentalities of the Federal
    Government or of the District of Columbia from exercising any
    lawful powers in the development area consistent with the
    development plan described in section 5(a) of the Act (86 Stat.
    1269) or the provisions and purposes of this subchapter and the
    Act. However, the agency or instrumentality shall not release,
    modify, or depart from any feature or detail of the development
    plan without the prior approval of the Administrator of General
    Services.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1197.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6712           40:876(a).              Pub. L. 92-578, Sec. 7(a),   
                                            Oct. 27, 1972, 86 Stat. 1272.
    --------------------------------------------------------------------

      In this subchapter, the words "Administrator of General Services"
    are substituted for "Corporation" to reflect the transfer of the
    responsibilities of the Pennsylvania Avenue Development
    Corporation. See section 6702 of the revised title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Pennsylvania Avenue Development Corporation Act of 1972,
    referred to in text, is Pub. L. 92-578, Oct. 27, 1972, 86 Stat.
    1266, as amended, which was classified to chapter 19 (Sec. 871 et
    seq.) of former Title 40, Public Buildings, Property, and Works,
    prior to repeal and reenactment as section 6701 of this title and
    this subchapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002,
    116 Stat. 1062, 1304. Section 5(a) of the Act was classified to
    section 874(a) of former Title 40 prior to repeal by Pub. L. 107-
    217. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    40 USC Sec. 6713                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6713. Certification of new construction

-STATUTE-
      New construction (including substantial remodeling, conversion,
    rebuilding, enlargement, extension, or major structural improvement
    of existing building, but not including ordinary maintenance or
    remodeling or changes necessary to continue occupancy) shall not be
    authorized or conducted within the development area except on prior
    certification by the Administrator of General Services that the
    construction is, or may reasonably be expected to be, consistent
    with the carrying out of the development plan described in section
    5(a) of the Pennsylvania Avenue Development Corporation Act of 1972
    (Public Law 92-578, 86 Stat. 1269).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1197.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6713           40:876(b).              Pub. L. 92-578, Sec. 7(b),   
                                            Oct. 27, 1972, 86 Stat.     
                                            1273; Pub. L. 93-427, Sec.  
                                            2, Oct. 1, 1974, 88 Stat.   
                                            1170.                       
    --------------------------------------------------------------------

      The words "After October 1, 1974" and the text of 40:876(b)
    (proviso) are omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5(a) of the Pennsylvania Avenue Development Corporation
    Act of 1972, referred to in text, was classified to section 874(a)
    of former Title 40, Public Buildings, Property, and Works, prior to
    repeal by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.

-End-

-CITE-
    40 USC Sec. 6714                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6714. Relocation services

-STATUTE-
      (a) Use of District of Columbia Government. - The Administrator
    of General Services may use the services of the District of
    Columbia government in the administration of a relocation program
    pursuant to the Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). The
    Administrator shall reimburse the government for the cost of the
    services.
      (b) Coordination of Relocation Programs. - All relocation
    services performed by or on behalf of the Administrator shall be
    coordinated with the District of Columbia's central relocation
    programs.
      (c) Preferential Rights of Displaced Owners and Tenants. - An
    owner or tenant of real property whose residence or business is
    terminated as a result of acquisitions made pursuant to this
    subchapter or the Pennsylvania Avenue Development Corporation Act
    of 1972 (Public Law 92-578, 86 Stat. 1266) shall be granted a
    preferential right to lease or purchase from the Administrator
    similar real property as may become available for a similar use.
    The preferential right is limited to the parties in interest and is
    not transferable or assignable.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1197.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6714           40:877(b)-(d).          Pub. L. 92-578, Sec.         
                                            8(b)-(d), Oct. 27, 1972, 86 
                                            Stat. 1273; Pub. L. 95-629, 
                                            title I, Sec. 101(1)(f),    
                                            Nov. 10, 1978, 92 Stat. 3635.
    --------------------------------------------------------------------

      In subsection (c), the words "retail, wholesale, service or
    other" and "or its agent" are omitted as unnecessary. The words
    "upon implementation of the development plan" are omitted as
    obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91-
    646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified
    principally to chapter 61 (Sec. 4601 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 4601 of
    Title 42 and Tables.
      The Pennsylvania Avenue Development Corporation Act of 1972,
    referred to in subsec. (c), is Pub. L. 92-578, Oct. 27, 1972, 86
    Stat. 1266, as amended, which was classified to chapter 19 (Sec.
    871 et seq.) of former Title 40, Public Buildings, Property, and
    Works, prior to repeal and reenactment as section 6701 of this
    title and this subchapter by Pub. L. 107-217, Secs. 1, 6(b), Aug.
    21, 2002, 116 Stat. 1062, 1304. For complete classification of this
    Act to the Code, see Tables.

-End-

-CITE-
    40 USC Sec. 6715                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6715. Coordination with District of Columbia

-STATUTE-
      (a) Local Needs, Initiative, and Participation. - In carrying out
    the purposes of this subchapter and the Pennsylvania Avenue
    Development Corporation Act of 1972 (Public Law 92-578, 86 Stat.
    1266), the Administrator of General Services shall - 
        (1) consult and cooperate with District of Columbia officials
      and community leaders at the earliest practicable time;
        (2) give primary consideration to local needs and desires and
      to local and regional goals and policies as expressed in urban
      renewal, community renewal, and comprehensive land use plans and
      regional plans; and
        (3) foster local initiative and participation in connection
      with the planning and development of projects.

      (b) Compliance With Local Requirements. - To the extent the
    Administrator constructs, rehabilitates, alters, or improves any
    project under this subchapter, the Administrator shall comply with
    all District of Columbia laws, ordinances, codes, and regulations.
    Section 8722(d) of this title applies to all construction,
    rehabilitation, alteration, and improvement of all buildings by the
    Administrator under this subchapter. Construction, rehabilitation,
    alteration, and improvement of any project by non-Federal
    Government sources is subject to the District of Columbia Official
    Code and zoning regulations.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1198.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6715           40:878.                 Pub. L. 92-578, Sec. 9, Oct. 
                                            27, 1972, 86 Stat. 1273.    
    --------------------------------------------------------------------

      In subsection (b), the word "reconstructing" is omitted as
    unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Pennsylvania Avenue Development Corporation Act of 1972,
    referred to in subsec. (a), is Pub. L. 92-578, Oct. 27, 1972, 86
    Stat. 1266, as amended, which was classified to chapter 19 (Sec.
    871 et seq.) of former Title 40, Public Buildings, Property, and
    Works, prior to repeal and reenactment as section 6701 of this
    title and this subchapter by Pub. L. 107-217, Secs. 1, 6(b), Aug.
    21, 2002, 116 Stat. 1062, 1304. For complete classification of this
    Act to the Code, see Tables.

-End-

-CITE-
    40 USC Sec. 6716                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

-HEAD-
    Sec. 6716. Reports

-STATUTE-
      (a) Reports to President and Congress. - The Administrator of
    General Services shall transmit comprehensive and detailed reports
    of the Administrator's operations, activities, and accomplishments
    under this subchapter to the President and Congress. The
    Administrator shall transmit a report to the President each January
    and to the President and Congress at other times that the
    Administrator considers desirable.
      (b) Protection and Enhancement of Significant Historic and
    Architectural Values. - A report under subsection (a) shall include
    a detailed discussion of the actions the Administrator has taken in
    the reporting period to protect and enhance the significant
    historic and architectural values of structures within the
    boundaries of the Administrator's jurisdiction under this
    subchapter and shall indicate similar actions the Administrator
    plans to take and issues the Administrator anticipates dealing with
    during the upcoming fiscal year related to historic and
    architectural preservation. The report shall indicate the degree to
    which public concern has been considered and incorporated into
    decisions the Administrator made relative to historic and
    architectural preservation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1198.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6716(a)        40:880(a).              Pub. L. 92-578, Sec. 11(a),  
                                            Oct. 27, 1972, 86 Stat.     
                                            1274; Pub. L. 98-141, Sec.  
                                            8(d), Oct. 31, 1983, 97     
                                            Stat. 910.                  
                   40:880(b).              Pub. L. 92-578, Sec. 11(b),  
                                            (c), as added Pub. L.       
                                            98-141, Sec. 8(d), Oct. 31, 
                                            1983, 97 Stat. 910.         
    6716(b)        40:880(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the text of 40:880(b) is omitted as obsolete.
    The requirement that a report be transmitted to Congress each
    January is eliminated pursuant to section 3003 of the Federal
    Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note).
    See, also, page 205 of House Document No. 103-7.

-End-

-CITE-
    40 USC SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

-HEAD-
               SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT           

-End-

-CITE-
    40 USC Sec. 6731                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

-HEAD-
    Sec. 6731. Definitions

-STATUTE-
      In this subchapter - 
        (1) Federal triangle development area. - The term "Federal
      Triangle development area" means the area bounded as follows:
          Beginning at a point on the southwest corner of the
        intersection of Fourteenth Street and Pennsylvania Avenue
        (formerly E Street), Northwest;
          thence south along the western side of Fourteenth Street to
        the northwest corner of the intersection of Fourteenth Street
        and Constitution Avenue, Northwest;
          thence east along the northern side of Constitution Avenue to
        the northeast corner of the intersection of Twelfth Street and
        Constitution Avenue, Northwest;
          thence north along the eastern side of Twelfth Street and
        Constitution Avenue, Northwest;
          thence north along the eastern side of Twelfth Street to the
        southeast corner of the intersection of Twelfth Street and
        Pennsylvania Avenue, Northwest;
          thence west along the southern side of Pennsylvania Avenue to
        the point of beginning.

        (2) Federal triangle property. - The term "Federal Triangle
      property" means - 
          (A) the property owned by the Federal Government in the
        District of Columbia, known as the "Great Plaza" site, which
        consists of squares 256, 257, 258, parts of squares 259 and
        260, and adjacent closed rights-of-way as shown on plate IV of
        the King Plats of 1803 located in the Office of the Surveyor of
        the District of Columbia; and
          (B) except for purposes of section 6733(a) of this title, any
        property the Pennsylvania Avenue Development Corporation
        acquired under section 3(b) of the Federal Triangle Development
        Act (Public Law 100-113, 101 Stat. 736).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1198.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6731           40:1109.                Pub. L. 100-113, Sec. 10,    
                                            Aug. 21, 1987, 101 Stat. 747.
    --------------------------------------------------------------------

      In this section, the text of 40:1109(1)-(3) is omitted as
    unnecessary because the complete names of the Administrator of
    General Services, International Cultural and Trade Center
    Commission, and Pennsylvania Avenue Development Corporation are
    used the first time the terms appear in a section.
      In paragraph (1), the words "being the southwest corner of the
    intersection of Fourteenth Street and Pennsylvania Avenue (formerly
    E Street), Northwest" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3(b) of the Federal Triangle Development Act, referred to
    in par. (2)(B), was classified to section 1102(b) of former Title
    40, Public Buildings, Property, and Works, prior to repeal by Pub.
    L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304.

-MISC2-
               DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE           
      Pub. L. 106-567, title III, Sec. 310, Dec. 27, 2000, 114 Stat.
    2841, designated as "Daniel Patrick Moynihan Place" a parcel of
    land located in Woodrow Wilson Plaza in the northwest quadrant of
    Washington, District of Columbia, directed the Administrator of
    General Services to erect appropriate gateways or other markers to
    denote that place, and provided that any reference in a law, map,
    regulation, document, paper, or other record of the United States
    to that parcel of land was to be deemed to be a reference to Daniel
    Patrick Moynihan Place.

                    DESIGNATION OF WOODROW WILSON PLAZA                
      Pub. L. 103-284, Aug. 1, 1994, 108 Stat. 1448, provided: "That
    the plaza to be constructed on the Federal Triangle property in
    Washington, DC as part of the development of such site pursuant to
    the Federal Triangle Development Act (Public Law 100-113) [now 40
    U.S.C. 6731 et seq.] shall be known and designated as the 'Woodrow
    Wilson Plaza'."

                 DESIGNATION OF ANDREW W. MELLON AUDITORIUM            
      Pub. L. 100-113, Sec. 9, Aug. 21, 1987, 101 Stat. 746, provided
    that:
      "(a) The Departmental Auditorium, located on the Federal Triangle
    between the Custom Service building and Interstate Commerce
    Commission building on Constitution Avenue, shall on and after
    August 21, 1987, be known and designated as the 'Andrew W. Mellon
    Auditorium'.
      "(b) Any reference in any law, regulation, document, record, map
    or other paper of the United States to the auditorium referred to
    in subsection (a) of this section is deemed to be a reference to
    the 'Andrew W. Mellon Auditorium'."

-End-

-CITE-
    40 USC Sec. 6732                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

-HEAD-
    Sec. 6732. Federal Triangle development area

-STATUTE-
      The Federal Triangle development area is deemed to be part of the
    development area described in section 6711 of this title. The
    Administrator of General Services has the same authority over the
    Federal Triangle development area as over the development area
    described in section 6711.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1199.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6732           40:1104(g).             Pub. L. 100-113, Sec. 5(g),  
                                            Aug. 21, 1987, 101 Stat. 739.
    --------------------------------------------------------------------

      The words "For purposes of the Pennsylvania Avenue Development
    Corporation Act of 1972 (other than section 5)" are omitted as
    unnecessary and obsolete. The words "Administrator of General
    Services" are substituted for "Corporation" to reflect the transfer
    of the responsibilities of the Pennsylvania Avenue Development
    Corporation. See section 6702 of the revised title.

-End-

-CITE-
    40 USC Sec. 6733                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

-HEAD-
    Sec. 6733. Federal Triangle property

-STATUTE-
      (a) Title. - Title to the Federal Triangle property reverts to
    the Administrator of General Services not later than the date on
    which ownership of the Ronald Reagan Building and International
    Trade Center vests in the Federal Government.
      (b) Nonapplicability of Certain Laws. - 
        (1) Building permits and inspection. - For purposes of
      development of the Federal Triangle property, the person selected
      to develop the property is not subject to any state or local law
      relating to building permits and inspection.
        (2) Taxes and assessments. - The property and improvements to
      the property are not subject to real and personal property
      taxation or to special assessments.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1199.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6733(a)        40:1102(a)(2) (1st      Pub. L. 100-113, Secs.       
                    sentence).              3(a)(2) (1st sentence),     
                                            5(f), Aug. 21, 1987, 101    
                                            Stat. 736, 739.             
    6733(b)        40:1104(f).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "at such time as the Administrator
    and the Corporation agree but" are omitted as obsolete. The
    Corporation transferred its rights, title, and interest in all
    property to the General Services Administration on April 1, 1996.
    The words "Ronald Reagan Building and International Trade Center"
    are substituted for "building to be constructed on such property
    under section 1104 of this title" because of section 2 of the Act
    of December 22, 1995 (Public Law 104-68, 109 Stat. 766).

-End-

-CITE-
    40 USC Sec. 6734                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT
    SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

-HEAD-
    Sec. 6734. Ronald Reagan Building and International Trade Center

-STATUTE-
      (a) Establishment and Designation. - The building constructed on
    the Federal Triangle property shall be known and designated as the
    Ronald Reagan Building and International Trade Center.
      (b) Title. - The person selected to develop the Federal Triangle
    property may own the Building for not more than 35 years from the
    date construction of the Building began. The title to the Building
    shall be in the Administrator of General Services from the date
    title to the Federal Triangle property reverts to the
    Administrator.
      (c) Limitations. - 
        (1) Size of building. - The Building (including parking
      facilities) may not exceed 3,100,000 gross square feet in size.
        (2) Height of building. - The height of the Building shall be
      compatible with the height of surrounding Federal Government
      buildings.
        (3) Design. - The Building shall - 
          (A) be designed in harmony with historical and Government
        buildings in the vicinity;
          (B) reflect the symbolic importance and historic character of
        Pennsylvania Avenue and the Nation's Capital; and
          (C) represent the dignity and stability of the Government.

      (d) Construction Standards. - The Building shall meet all
    standards applicable to construction of a federal building.
      (e) Accounting System. - The Administrator shall maintain an
    accounting system for operation and maintenance of the Building
    which will allow accurate projections of the dates and cost of
    major repairs, improvements, reconstructions, and replacements of
    the Building and other capital expenditures on the Building. The
    Administrator shall act as necessary to ensure that amounts are
    available to cover the projected cost and expenditures.
      (f) Lease of Building. - 
        (1) Lease agreement. - Under an agreement with the person
      selected to construct the Ronald Reagan Building and
      International Trade Center, the Administrator shall lease the
      Building for federal office space and the international cultural
      and trade center space.
        (2) Minimum requirements of lease agreement. - The agreement
      includes at a minimum the following:
          (A) Limit on length of lease. - The Administrator will lease
        the Building for the period of time that the person selected to
        construct the Building owns the Building.
          (B) Rental rate. - The rental rate per square foot of
        occupiable space for all space in the Building will be in the
        best interest of the Government and will carry out the
        objectives of this subchapter and the Federal Triangle
        Development Act (Public Law 100-113, 101 Stat. 735). The
        aggregate rental rate for all space in the Building shall
        produce an amount at least equal to the amount necessary to
        amortize the cost of development of the Federal Triangle
        property over the life of the lease.
          (C) Obligation of amounts. - Obligation of amounts from the
        Federal Building Fund shall only be made on an annual basis to
        meet lease payments.

        (3) Authorization to obligate amounts. - Amounts may be
      obligated as described in paragraph (2)(C).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1199.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6734(a)        40:1101 note.           Pub. L 104-68, Sec. 1, Dec.  
                                            22, 1995, 109 Stat. 766.    
    6734(b)        40:1102(a)(2) (last     Pub. L. 100-113, Secs.       
                    sentence).              3(a)(2) (last sentence),    
                                            4(b), 5(b)(2)(B), (d), 6,   
                                            Aug. 21, 1987, 101 Stat.    
                                            736, 737, 739, 740.         
                   40:1104(b)(2)(B).                                    
    6734(c)        40:1103(b).                                          
    6734(d)        40:1104(d).                                          
    6734(e)        40:1105(c).                                          
    6734(f)(1)     40:1105(a).                                          
    6734(f)(2)     40:1105(b).                                          
    6734(f)(3)     40:1105(d).                                          
    --------------------------------------------------------------------

      In subsection (b), the words "Ownership of such property and
    building will be by the United States" in 40:1104(b)(2)(B) are
    omitted as unnecessary.
      In subsection (d), the text of 40:1104(d) (last sentence) is
    omitted as obsolete.
      Subsection (f)(1) is substituted for 40:1105(a) to eliminate
    obsolete words.
      In subsection (f)(2), the text of 40:1105(b)(4) is omitted as
    obsolete.
      Subsection (f)(3) is substituted for 40:1105(d) to eliminate
    unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Triangle Development Act, referred to in subsec.
    (f)(2)(B), is Pub. L. 100-113, Aug. 21, 1987, 101 Stat. 735, as
    amended, which was classified to chapter 22 (Sec. 1101 et seq.) of
    former Title 40, Public Buildings, Property, and Works, prior to
    repeal, omission, and reenactment as this subchapter by Pub. L. 107-
    217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For
    complete classification of this Act to the Code, see Tables.

-MISC2-
    REFERENCE TO RONALD REAGAN BUILDING AND INTERNATIONAL TRADE CENTER
      Pub. L. 104-68, Sec. 2, Dec. 22, 1995, 109 Stat. 766, provided
    that: "Any reference in a law, map, regulation, document, paper, or
    other record of the United States to the building referred to in
    section 1 [now 40 U.S.C. 6734(a)] shall be deemed to be a reference
    to the 'Ronald Reagan Building and International Trade Center'."

-End-

-CITE-
    40 USC CHAPTER 69 - UNION STATION REDEVELOPMENT             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT

-HEAD-
                 CHAPTER 69 - UNION STATION REDEVELOPMENT             

-MISC1-
                   SUBCHAPTER I - UNION STATION COMPLEX               
    Sec.                                                     
    6901.       Definition.                                           
    6902.       Assignment of right, title, and interest in the Union
                 Station complex to the Secretary of Transportation.  
    6903.       Agreements and contracts.                             
    6904.       Acquisition, maintenance, and use of property.        
    6905.       Service on board of directors of Union Station
                 Redevelopment Corporation.                           
    6906.       Union Station Fund.                                   
    6907.       Use of other appropriated amounts.                    
    6908.       Parking facility.                                     
    6909.       Supplying steam or chilled water to Union Station
                 complex.                                             
    6910.       Authorization of appropriations.                      

      SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION  
    6921.       Establishment, composition, and meetings.             
    6922.       Duties.                                               
    6923.       Compensation and expenses.                            
    6924.       Reports and recommendations.                          

-End-

-CITE-
    40 USC SUBCHAPTER I - UNION STATION COMPLEX                 01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
                   SUBCHAPTER I - UNION STATION COMPLEX               

-End-

-CITE-
    40 USC Sec. 6901                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6901. Definition

-STATUTE-
      In this subchapter, the term "Union Station complex" means real
    property, air rights, and improvements the Secretary of the
    Interior leased under sections 101-110 of the National Visitors
    Center Facilities Act of 1968 (Public Law 90-264, 82 Stat. 43) and
    property acquired and improvements made in accordance with this
    subchapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1201.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6901           40:811(a) (last         Pub. L. 90-264, title I,     
                    sentence).              Sec. 111(a) (last sentence),
                                            as added Pub. L. 97-125,    
                                            Sec. 3(3), Dec. 29, 1981, 95
                                            Stat. 1668.                 
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 101-110 of the National Visitors Center Facilities Act
    of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90-
    264, title I, Mar. 12, 1968, 82 Stat. 43-45, which were classified
    principally to part A (Sec. 801 et seq.) of subchapter I of chapter
    18 of former Title 40, Public Buildings, Property, and Works, prior
    to repeal by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304. Section 104 of the Act was classified as a note under section
    804 of former Title 40 prior to repeal by Pub. L. 107-217. Section
    108 of the Act was not classified to the Code.

-MISC2-
                            SALE OF AIR RIGHTS                        
      Pub. L. 105-33, title IX, Sec. 9102, Aug. 5, 1997, 111 Stat. 670,
    provided that:
      "(a) In General. - Notwithstanding any other provision of law,
    the Administrator of General Services shall sell, at fair market
    value and in a manner to be determined by the Administrator, the
    air rights adjacent to Washington Union Station described in
    subsection (b), including air rights conveyed to the Administrator
    under subsection (d). The Administrator shall complete the sale by
    such date as is necessary to ensure that the proceeds from the sale
    will be deposited in accordance with subsection (c).
      "(b) Description. - The air rights referred to in subsection (a)
    total approximately 16.5 acres and are depicted on the plat map of
    the District of Columbia as follows:
        "(1) Part of lot 172, square 720.
        "(2) Part of lots 172 and 823, square 720.
        "(3) Part of lot 811, square 717.
      "(c) Proceeds. - Before September 30, 2002, proceeds from the
    sale of air rights under subsection (a) shall be deposited in the
    general fund of the Treasury and credited as miscellaneous
    receipts.
      "(d) Conveyance of Amtrak Air Rights. - 
        "(1) General rule. - As a condition of future Federal financial
      assistance, Amtrak shall convey to the Administrator of General
      Services on or before December 31, 1997, at no charge, all of the
      air rights of Amtrak described in subsection (b).
        "(2) Failure to comply. - If Amtrak does not meet the condition
      established by paragraph (1), Amtrak shall be prohibited from
      obligating Federal funds after March 1, 1998."

     CAPITOL GROUNDS; ERECTION OF FLAGPOLES AND IMPROVEMENT OF TRAFFIC 
      Pub. L. 94-320, June 25, 1976, 90 Stat. 711, authorized the
    Secretary of the Interior, upon approval and subject to conditions
    of the Architect of the Capitol, in the portion of the United
    States Capitol Grounds in close proximity to the sidewalks abutting
    the circular perimeter of the Union Station Plaza in front of
    Columbus Plaza and the National Visitor Center, to erect and
    maintain flagpoles to fly the flags of each of the States of the
    United States and its territories and possessions, and to enter
    into an agreement with the appropriate officials of the District of
    Columbia to permit the District of Columbia to use certain areas of
    the United States Capitol Grounds to make certain street changes to
    coordinate and improve the flow of traffic in and around the United
    States Capitol Grounds, the National Visitor Center (formerly Union
    Station), and Union Station Plaza.

-End-

-CITE-
    40 USC Sec. 6902                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6902. Assignment of right, title, and interest in the Union
      Station complex to the Secretary of Transportation

-STATUTE-
      The Secretary of Transportation has the right, title, and
    interest in and to the Union Station complex, including all
    agreements and leases made under sections 101-110 of the National
    Visitors Center Facilities Act of 1968 (Public Law 90-264, 82 Stat.
    43). To the extent the Secretary of Transportation and the
    Secretary of the Interior agree, the Secretary of the Interior may
    lease space for visitor services.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1201.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6902           40:811(a) (1st, 2d      Pub. L. 90-264, title I,     
                    sentences).             Sec. 111(a) (1st, 2d        
                                            sentences), as added Pub. L.
                                            97-125, Sec. 3(3), Dec. 29, 
                                            1981, 95 Stat. 1668.        
    --------------------------------------------------------------------

      This section is substituted for the text of 40:811(a) (1st, 2d
    sentences) to eliminate obsolete words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 101-110 of the National Visitors Center Facilities Act
    of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90-
    264, title I, Mar. 12, 1968, 82 Stat. 43-45, which were classified
    principally to part A (Sec. 801 et seq.) of subchapter I of chapter
    18 of former Title 40, Public Buildings, Property, and Works, prior
    to repeal by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304. Section 104 of the Act was classified as a note under section
    804 of former Title 40 prior to repeal by Pub. L. 107-217. Section
    108 of the Act was not classified to the Code.

-End-

-CITE-
    40 USC Sec. 6903                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6903. Agreements and contracts

-STATUTE-
      The Secretary of Transportation may make agreements and
    contracts, except an agreement or contract to sell property rights
    at the Union Station complex, with a person, a federal, regional,
    or local agency, or the Architect of the Capitol that the Secretary
    considers necessary or desirable to carry out the purposes of this
    subchapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1201.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6903           40:815(d).              Pub. L. 90-264, title I,     
                                            Sec. 115(d), as added Pub.  
                                            L. 97-125, Sec. 3(3), Dec.  
                                            29, 1981, 95 Stat. 1671.    
    --------------------------------------------------------------------

      The words "corporations, financial institutions" are omitted as
    included in "person". The text of 40:815(d) (last sentence) is
    omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 6904                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6904. Acquisition, maintenance, and use of property

-STATUTE-
      (a) Acquisition. - The Secretary of Transportation may acquire
    for the Federal Government an interest in real property (including
    easements or reservations) and any other property interest
    (including contract rights) in or relating or adjacent to the Union
    Station complex that the Secretary considers necessary to carry out
    the purposes of this subchapter.
      (b) Maintenance and Use. - The Secretary may maintain, use,
    operate, manage, and lease, either directly, by contract, or
    through development agreements, any property interest the Secretary
    holds or acquires for the Government under this subchapter in the
    manner and subject to the terms, conditions, covenants, and
    easements that the Secretary considers necessary or desirable to
    carry out the purposes of this subchapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1201.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6904(a)        40:816(a)(1).           Pub. L. 90-264, title I,     
                                            Sec. 116(a)(1), (b), as     
                                            added Pub. L. 97-125, Sec.  
                                            3(3), Dec. 29, 1981, 95     
                                            Stat. 1671.                 
    6904(b)        40:816(b).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "by lease, purchase, or otherwise",
    "without limitation", and "interests in the nature of" are omitted
    as unnecessary.
      In subsection (b), the words "Notwithstanding any other provision
    of law" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 6905                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6905. Service on board of directors of Union Station
      Redevelopment Corporation

-STATUTE-
      To further the rehabilitation, redevelopment, and operation of
    the Union Station complex, the Secretary of Transportation and the
    Administrator of the Federal Railroad Administration may serve as
    ex officio members of the board of directors of the Union Station
    Redevelopment Corporation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6905           40:819a.                Pub. L. 90-264, title I,     
                                            Sec. 120, as added Pub. L.  
                                            105-178, title I, Sec.      
                                            1211(b), June 9, 1998, 112  
                                            Stat. 188.                  
    --------------------------------------------------------------------

      The words "or their designees" are omitted because of 49:322(b).

-End-

-CITE-
    40 USC Sec. 6906                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6906. Union Station Fund

-STATUTE-
      (a) Establishment. - There is a special deposit account in the
    Treasury known as the "Union Station Fund", which shall be
    administered as a revolving fund.
      (b) Content. - The account shall be credited with receipts of the
    Secretary of Transportation from activities authorized by this
    subchapter.
      (c) Use of Amounts. - The Secretary may use income and proceeds
    received from activities authorized by this subchapter, including
    operating and leasing income and payments made to the Federal
    Government under development agreements, to pay expenses the
    Secretary incurs in carrying out the purposes of this subchapter,
    including construction, acquisition, leasing, operation, and
    maintenance expenses and payments made to developers under
    development agreements.
      (d) Availability of Amounts. - The balance in the account is
    available in amounts specified in annual appropriation laws for
    making expenditures authorized by this subchapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6906(a)        40:817(b) (1st          Pub. L. 90-264, title I,     
                    sentence).              Sec. 117, as added Pub. L.  
                                            97-125, Sec. 3(3), Dec. 29, 
                                            1981, 95 Stat. 1671.        
    6906(b)        40:817(b) (last                                      
                    sentence words                                      
                    before "and the                                     
                    balance").                                          
    6906(c)        40:817(a).                                           
    6906(d)        40:817(b) (last                                      
                    sentence words                                      
                    after "activities                                   
                    authorized by this                                  
                    part").                                             
    --------------------------------------------------------------------

      In subsection (c), the words "without limitation" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 6907                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6907. Use of other appropriated amounts

-STATUTE-
      (a) Waiver of Cost Sharing Requirement. - The Secretary of
    Transportation may use amounts appropriated under section
    24909(a)(2)(A) of title 49 to carry out the purposes of this
    subchapter.
      (b) Ban on Using Amounts for Heliport. - Amounts appropriated
    under section 24909 of title 49 may not be used for design,
    construction, or operation of a heliport at or near Union Station.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6907(a)        40:819(c) (1st          Pub. L. 90-264, title I,     
                    sentence).              Sec. 119(c), as added Pub.  
                                            L. 97-125, Sec. 3(3), Dec.  
                                            29, 1981, 95 Stat. 1672.    
    6907(b)        40:819(c) (last                                      
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "section 24909(a)(2)(A) of title 49"
    are substituted for "section 704(a)(2) of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
    854(a)(2))", and the words "section 24902(c)(1) of title 49" are
    substituted for "section 703(1)(B) of such Act (45 U.S.C.
    853(1)(B))", because of section 6(b) of the Act of July 5, 1994
    (Public Law 103-272, 108 Stat. 1378), the first section of which
    enacted Title 49, United States Code. The words "without regard to
    the matching funds requirement of section 24902(c)(1) of title 49"
    are omitted as obsolete because section 405(b) of the Amtrak Reform
    and Accountability Act of 1997 (Public Law 105-134, 111 Stat. 2586)
    struck out subsection (c) and redesignated subsection (f) as
    subsection (c).
      In subsection (b), the words "section 24909 of title 49" are
    substituted for "section 704(a) of such Act" because of section
    6(b) of the Act of July 5, 1994 (Public Law 103-272, 108 Stat.
    1378), the first section of which enacted title 49, United States
    Code.

-End-

-CITE-
    40 USC Sec. 6908                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6908. Parking facility

-STATUTE-
      (a) Title. - The Federal Government has the right, title, and
    interest in and to the parking facility at Union Station.
      (b) Fees. - The rate of fees charged for use of the facility may
    exceed the rate required for maintenance and operation of the
    facility. The rate shall be established in a manner that encourages
    use of the facility by rail passengers and participants in
    activities in the Union Station complex and area.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6908(a)        40:818(a), (b)          Pub. L. 90-264, title I,     
                    (1st, 2d sentences).     Sec. 118, as added Pub. L.  
                                            97-125, Sec. 3(3), Dec. 29, 
                                            1981, 95 Stat. 1672.        
    6908(b)        40:818(b) (last                                      
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the text of 40:818(a) and (b) (1st sentence)
    is omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 6909                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6909. Supplying steam or chilled water to Union Station
      complex

-STATUTE-
      The Architect of the Capitol may make agreements with the
    Secretary of Transportation to furnish steam, chilled water, or
    both from the Capitol Power Plant to the Union Station complex, at
    no expense to the legislative branch.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6909           40:819(d).              Pub. L. 90-264, title I,     
                                            Sec. 119(d), as added Pub.  
                                            L. 97-125, Sec. 3(3), Dec.  
                                            29, 1981, 95 Stat. 1672.    
    --------------------------------------------------------------------

      The words "or his designee or assign" are omitted because of
    49:322(b)

-End-

-CITE-
    40 USC Sec. 6910                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER I - UNION STATION COMPLEX

-HEAD-
    Sec. 6910. Authorization of appropriations

-STATUTE-
      Amounts necessary to meet lease and other obligations, including
    maintenance requirements, incurred by the Secretary of the Interior
    and assigned to the Secretary of Transportation under this
    subchapter may be appropriated to the Secretary of Transportation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1202.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6910           40:813(a).              Pub. L. 90-264, title I,     
                                            Sec. 113(a), as added Pub.  
                                            L. 97-125, Sec. 3(3), Dec.  
                                            29, 1981, 95 Stat. 1669.    
    --------------------------------------------------------------------

      In this section, the text of 40:813(a) (last sentence) is omitted
    as obsolete.

-End-

-CITE-
    40 USC SUBCHAPTER II - NATIONAL VISITOR FACILITIES
           ADVISORY COMMISSION                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

-HEAD-
      SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION  

-End-

-CITE-
    40 USC Sec. 6921                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

-HEAD-
    Sec. 6921. Establishment, composition, and meetings

-STATUTE-
      (a) Establishment. - There is a National Visitor Facilities
    Advisory Commission.
      (b) Composition. - 
        (1) Membership. - The Commission is composed of - 
          (A) the Secretary of the Interior;
          (B) the Administrator of General Services;
          (C) the Secretary of the Smithsonian Institution;
          (D) the Chairman of the National Capital Planning Commission;
          (E) the Chairman of the Commission of Fine Arts;
          (F) six Members of the Senate, three from each party, to be
        appointed by the President of the Senate;
          (G) six Members of the House of Representatives, three from
        each party, to be appointed by the Speaker of the House of
        Representatives; and
          (H) three individuals appointed by the President, at least
        two of whom shall not be officers of the Federal Government,
        and one member of whom shall be a representative of the
        District of Columbia government.

        (2) Chairman. - The Secretary of the Interior serves as the
      Chairman of the Commission.
        (3) Service of non-federal members. - Non-federal members serve
      at the pleasure of the President.

      (c) Meetings. - The Commission shall meet at the call of the
    Chairman.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1203.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6921(a)        40:821 (related to      Pub. L. 90-264, title II,    
                    creation).              Secs. 201 (related to       
                                            creation), 202(a), Mar. 12, 
                                            1968, 82 Stat. 45.          
    6921(b)(1)     40:822(a) (1st                                       
                    sentence).                                          
    6921(b)(2)     40:822(a) (3d                                        
                    sentence).                                          
    6921(b)(3)     40:822(a) (2d                                        
                    sentence).                                          
    6921(c)        40:822(a) (last                                      
                    sentence).                                          
    --------------------------------------------------------------------

                    TERMINATION OF ADVISORY COMMISSIONS                
      Advisory commissions 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 commission
    established by the President or an officer of the Federal
    Government, such commission is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    commission established by the Congress, its duration is otherwise
    provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct.
    6, 1972, 86 Stat. 776, set out in the Appendix to Title 5,
    Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 6922                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

-HEAD-
    Sec. 6922. Duties

-STATUTE-
      (a) In General. - The National Visitor Facilities Advisory
    Commission shall - 
        (1) conduct continuing investigations and studies of sites and
      plans to provide additional facilities and services for visitors
      and students coming to the Nation's Capital; and
        (2) advise the Secretary of the Interior and the Administrator
      of General Services on the planning, construction, acquisition,
      and operation of those visitor facilities.

      (b) Staff and Facilities. - The Director of the National Park
    Service, in consultation with the Administrator, shall provide the
    necessary staff and facilities to assist the Commission in carrying
    out its duties under this subchapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1203.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6922(a)        40:821 (related to      Pub. L. 90-264, title II,    
                    duties).                Secs. 201 (related to       
                                            duties), 202(c), Mar. 12,   
                                            1968, 82 Stat. 45.          
    6922(b)        40:822(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the text of 40:821(1) is omitted as obsolete
    because there is no National Visitors Center.

-End-

-CITE-
    40 USC Sec. 6923                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

-HEAD-
    Sec. 6923. Compensation and expenses

-STATUTE-
      Members of the National Visitor Facilities Advisory Commission
    who are not officers or employees of the Federal Government or the
    government of the District of Columbia are entitled to receive
    compensation under section 3109 of title 5 and expenses under
    section 5703 of title 5.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1203.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6923           40:822(b).              Pub. L. 90-264, title II,    
                                            Sec. 202(b), Mar. 12, 1968, 
                                            82 Stat. 45.                
    --------------------------------------------------------------------

      The words "expenses under section 5703 of title 5" are
    substituted for "travel expenses including per diem in lieu of
    subsistence as authorized by section 5703 of title 5 for persons in
    the government service employed intermittently" to eliminate
    unnecessary words.

-End-

-CITE-
    40 USC Sec. 6924                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART C - FEDERAL BUILDING COMPLEXES
    CHAPTER 69 - UNION STATION REDEVELOPMENT
    SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

-HEAD-
    Sec. 6924. Reports and recommendations

-STATUTE-
      The National Visitor Facilities Advisory Commission shall report
    to the Secretary of the Interior and the Administrator of General
    Services the results of its studies and investigations. A report
    recommending additional facilities for visitors shall include the
    Commission's recommendations as to sites for the facilities to be
    provided, preliminary plans, specifications, and architectural
    drawings for the facilities, and the estimated cost of the
    recommended sites and facilities.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1203.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    6924           40:823.                 Pub. L. 90-264, title II,    
                                            Sec. 203, Mar. 12, 1968, 82 
                                            Stat. 46.                   
    --------------------------------------------------------------------

      The words "from time to time" are omitted as unnecessary. The
    word "reviews" is omitted as obsolete because the review is a
    continuing review of the National Visitors Center and there is no
    National Visitors Center. The words "site or" are omitted because
    of 1:1.

-End-

-CITE-
    40 USC PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN
                     THE DISTRICT OF COLUMBIA              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                

-HEAD-
     PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
                                 COLUMBIA

-End-

-CITE-
    40 USC CHAPTER 81 - ADMINISTRATIVE                          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE

-HEAD-
                        CHAPTER 81 - ADMINISTRATIVE                    

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    8101.       Supervision of public buildings and grounds in
                 District of Columbia not otherwise provided for by
                 law.                                                 
    8102.       Protection of Federal Government buildings in District
                 of Columbia.                                         
    8103.       Application of District of Columbia laws to public
                 buildings and grounds.                               
    8104.       Regulation of private and semipublic buildings
                 adjacent to public buildings and grounds.            
    8105.       Approval by Administrator of General Services.        
    8106.       Buildings on reservations, parks, or public grounds.  
    8107.       Advertisements and sales in or around Washington
                 Monument.                                            
    8108.       Use of public buildings for public ceremonies.        

                       SUBCHAPTER II - JURISDICTION                   
    8121.       Improper appropriation of streets.                    
    8122.       Jurisdiction over portion of Constitution Avenue.     
    8123.       Record of transfer of jurisdiction between Director of
                 National Park Service and Mayor of District of
                 Columbia.                                            
    8124.       Transfer of jurisdiction between Federal and District
                 of Columbia authorities.                             
    8125.       Public spaces resulting from filling of canals.       
    8126.       Temporary occupancy of Potomac Park by Secretary of
                 Agriculture.                                         
    8127.       Part of Washington Aqueduct for playground purposes.  

                 SUBCHAPTER III - SERVICES FOR FACILITIES             
    8141.       Contract to rent buildings in the District of Columbia
                 not to be made until appropriation enacted.          
    8142.       Rent of other buildings.                              
    8143.       Heat.                                                 
    8144.       Delivery of fuel for use during ensuing fiscal year.  

                       SUBCHAPTER IV - MISCELLANEOUS                   
    8161.       Reservation of parking spaces for Members of Congress.
    8162.       Ailanthus trees prohibited.                           
    8163.       Use of greenhouses and nursery for trees, shrubs, and
                 plants.                                              
    8164.       E. Barrett Prettyman United States Courthouse.        
    8165.       Services for Office of Personnel Management.          

-End-

-CITE-
    40 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    40 USC Sec. 8101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8101. Supervision of public buildings and grounds in District
      of Columbia not otherwise provided for by law

-STATUTE-
      (a) In General. - Under regulations the President prescribes, the
    Administrator of General Services shall have charge of the public
    buildings and grounds in the District of Columbia, except those
    buildings and grounds which otherwise are provided for by law.
      (b) Notice of Unlawful Occupancy. - If the Administrator, or the
    officer under the direction of the Administrator who is in
    immediate charge of those public buildings and grounds, decides
    that an individual is unlawfully occupying any part of that public
    land, the Administrator or officer in charge shall notify the
    United States marshal for the District of Columbia in writing of
    the unlawful occupation.
      (c) Ejection of Trespasser. - The marshal shall have the
    trespasser ejected from the public land and shall restore
    possession of the land to the officer charged by law with the
    custody of the land.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1204.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8101           40:19.                  R.S. Sec. 1797; Apr. 28,     
                                            1902, ch. 594, [Sec.] 1 (6th
                                            par. on p. 152), 32 Stat.   
                                            152.                        
    --------------------------------------------------------------------

      In this chapter, the words "Administrator of General Services"
    are substituted for "Chief of Engineers" [subsequently changed to
    "Director of Public Buildings and Public Parks of the National
    Capital" because of section 3 of the Act of February 26, 1925 (ch.
    339, 43 Stat. 983), "Director of the National Park Service" because
    of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and
    the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public
    Buildings Administrator" because of sections 301 and 303 of
    Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat.
    1426, 1427)] because of 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 subsection (a), the words "through the War Department" in
    section 1797 of the Revised Statutes are omitted because of section
    3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).
      In subsection (b), the words "If the Administrator . . . decides"
    are substituted for "when it shall be made to appear to the said
    Administrator" for clarity. The words "in the District of Columbia"
    are omitted as unnecessary. The words "the Administrator and the
    officer in charge" are substituted for "the officer in charge" for
    clarity.

-End-

-CITE-
    40 USC Sec. 8102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8102. Protection of Federal Government buildings in District
      of Columbia

-STATUTE-
      The Attorney General and the Secretary of the Treasury may
    prohibit - 
        (1) a vehicle from parking or standing on a street or roadway
      adjacent to a building in the District of Columbia - 
          (A) at least partly owned or possessed by, or leased to, the
        Federal Government; and
          (B) used by law enforcement authorities subject to their
        jurisdiction; and

        (2) a person or entity from conducting business on property
      immediately adjacent to a building described in paragraph (1).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1205.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8102           40:137.                 Pub. L. 104-132, title VIII, 
                                            Sec. 803, Apr. 24, 1996, 110
                                            Stat. 1305.                 
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 8103                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8103. Application of District of Columbia laws to public
      buildings and grounds

-STATUTE-
      (a) Application of Laws. - Laws and regulations of the District
    of Columbia for the protection of public or private property and
    the preservation of peace and order are extended to all public
    buildings and public grounds belonging to the Federal Government in
    the District of Columbia.
      (b) Penalties. - A person shall be fined under title 18,
    imprisoned for not more than six months, or both if the person - 
        (1) is guilty of disorderly and unlawful conduct in or about
      those public buildings or public grounds;
        (2) willfully injures the buildings or shrubs;
        (3) pull downs, impairs, or otherwise injures any fence, wall,
      or other enclosure;
        (4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or
      bridge; or
        (5) removes any stone, gravel, sand, or other property of the
      Government, or any other part of the public grounds or lots
      belonging to the Government in the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1205.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8103           40:101.                 July 29, 1892, ch. 320, Sec. 
                                            15, 27 Stat. 325; Pub. L.   
                                            90-108, Sec. 2, Oct. 20,    
                                            1967, 81 Stat. 277.         
    --------------------------------------------------------------------

      In subsection (b), the word "enclosure" is substituted for
    "inclosure" to use the more understood term.

-End-

-CITE-
    40 USC Sec. 8104                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8104. Regulation of private and semipublic buildings adjacent
      to public buildings and grounds

-STATUTE-
      (a) Factors for Development. - In view of the provisions of the
    Constitution respecting the establishment of the seat of the
    National Government, the duties it imposed on Congress in
    connection with establishing the seat of the National Government,
    and the solicitude shown and the efforts exerted by President
    Washington in the planning and development of the Capital City, the
    development should proceed along the lines of good order, good
    taste, and with due regard to the public interests involved, and a
    reasonable degree of control should be exercised over the
    architecture of private or semipublic buildings adjacent to public
    buildings and grounds of major importance.
      (b) Submission of Application to Commission of Fine Arts. - The
    Mayor of the District of Columbia shall submit to the Commission of
    Fine Arts an application for a permit to erect or alter any
    building, a part of which fronts or abuts on the grounds of the
    Capitol, the grounds of the White House, the part of Pennsylvania
    Avenue extending from the Capitol to the White House, Lafayette
    Park, Rock Creek Park, the Zoological Park, the Rock Creek and
    Potomac Parkway, Potomac Park, or The Mall Park System and public
    buildings adjacent to the System, or abuts on any street bordering
    any of those grounds or parks, so far as the plans relate to height
    and appearance, color, and texture of the materials of exterior
    construction.
      (c) Report to Mayor. - The Commission shall report promptly its
    recommendations to the Mayor, including any changes the Commission
    decides are necessary to prevent reasonably avoidable impairment of
    the public values belonging to the public building or park. If the
    Commission fails to report its approval or disapproval of a plan
    within 30 days, the report is deemed approved and a permit may be
    issued.
      (d) Action by the Mayor. - The Mayor shall take action the Mayor
    decides is necessary to effect reasonable compliance with the
    recommendation under subsection (c).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109-284,
    Sec. 6(22), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8104           40:121.                 May 16, 1930, ch. 291, Sec.  
                                            1, 46 Stat. 366; July 31,   
                                            1939, ch. 400, 53 Stat. 1144.
    --------------------------------------------------------------------

      In this chapter, the word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [subsequently changed to "Commissioner" (meaning the
    Commissioner of the District of Columbia) because of section 401 of
    Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    951)] because of section 421 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 789).
      In subsection (a), the words "it is hereby declared that" are
    omitted as unnecessary.
      In subsection (b), the words "To this end, hereafter" are omitted
    as unnecessary.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 substituted "Commission of
    Fine Arts" for "Commission on Fine Arts".

-End-

-CITE-
    40 USC Sec. 8105                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8105. Approval by Administrator of General Services

-STATUTE-
      Subject to applicable provisions of existing law relating to the
    functions in the District of Columbia of the National Capital
    Planning Commission and the Commission of Fine Arts, only the
    Administrator of General Services is required to approve sketches,
    plans, and estimates for buildings to be constructed by the
    Administrator, except that the Administrator and the United States
    Postal Service must approve buildings designed for post office
    purposes.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1206; Pub. L. 109-284,
    Sec. 6(23), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8105           40:128.                 June 14, 1946, ch. 404, Sec. 
                                            8, 60 Stat. 258.            
    --------------------------------------------------------------------

      The words "On and after June 14, 1946" are omitted as obsolete.
    The words "National Capital Planning Commission" are substituted
    for "National Capital Park and Planning Commission" because of
    section 9 of the Act of June 6, 1924 (ch. 270), as added by section
    1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section
    8711(f) of the revised title. The words "Administrator of General
    Services" are substituted for "Commissioner of Public Buildings"
    because of 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. The
    words "constructed by the Administrator" are substituted for
    "constructed by the Public Buildings Administration" [subsequently
    changed to "constructed by the General Services Administration"
    because of section 103(a)] because of section 101(b) of the Federal
    Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.
    379), which is restated as section 302(a) of the revised title. The
    words "United States Postal Service" are substituted for
    "Postmaster General" because of section 4(a) of the Postal
    Reorganization Act (Public Law 91-375, 84 Stat. 773).

                                AMENDMENTS                            
      2006 - Pub. L. 109-284 substituted "post office" for "post-
    office".

-End-

-CITE-
    40 USC Sec. 8106                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8106. Buildings on reservations, parks, or public grounds

-STATUTE-
      A building or structure shall not be erected on any reservation,
    park, or public grounds of the Federal Government in the District
    of Columbia without express authority of Congress.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1206.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8106           40:68.                  Aug. 24, 1912, ch. 355, Sec. 
                                            1 (10th par. on p. 444), 37 
                                            Stat. 444.                  
    --------------------------------------------------------------------

      The words "On and after August 24, 1912" are omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 8107                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8107. Advertisements and sales in or around Washington
      Monument

-STATUTE-
      Except on the written authority of the Director of the National
    Park Service, advertisements of any kind shall not be displayed,
    and articles of any kind shall not be sold, in or around the
    Washington Monument.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1206.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8107           40:43.                  Mar. 4, 1909, ch. 299, Sec.  
                                            1 (proviso in 2d par. on p. 
                                            997), 35 Stat. 997.         
    --------------------------------------------------------------------

      The words "Director of the National Park Service" are substituted
    for "Secretary of War" [subsequently changed to "Director of Public
    Buildings and Public Parks of the National Capital["] because of
    section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)]
    because of section 2 of Executive Order No. 6166 (eff. June 10,
    1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389).

-End-

-CITE-
    40 USC Sec. 8108                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8108. Use of public buildings for public ceremonies

-STATUTE-
      Except as expressly authorized by law, public buildings in the
    District of Columbia (other than the Capitol Building and the White
    House), and the approaches to those public buildings, shall not be
    used or occupied in connection with ceremonies for the inauguration
    of the President or other public functions.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1206.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8108           40:31.                  Apr. 28, 1902, ch. 594,      
                                            [Sec.] 1 (last par. on p.   
                                            152), 32 Stat. 152.         
    --------------------------------------------------------------------

      The words "in any manner whatever" are omitted as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER II - JURISDICTION                         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
                       SUBCHAPTER II - JURISDICTION                   

-End-

-CITE-
    40 USC Sec. 8121                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8121. Improper appropriation of streets

-STATUTE-
      (a) Authority. - The Secretary of the Interior shall - 
        (1) prevent the improper appropriation or occupation of any
      public street, avenue, square, or reservation in the District of
      Columbia that belongs to the Federal Government;
        (2) reclaim the street, avenue, square, or reservation if
      unlawfully appropriated;
        (3) prevent the erection of any permanent building on property
      reserved to or for the use of the Government, unless plainly
      authorized by law; and
        (4) report to Congress at the beginning of each session on the
      Secretary's proceedings in the premises, together with a full
      statement of all property described in this subsection, and how,
      and by what authority, the property is occupied or claimed.

      (b) Application. - This section does not interfere with the
    temporary and proper occupation of any part of the property
    described in subsection (a), by lawful authority, for the
    legitimate purposes of the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1206.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8121           40:66.                  R.S. Sec. 1818.              
    --------------------------------------------------------------------

      In subsection (a)(1), the words "the District of Columbia" are
    substituted for "the city of Washington" for consistency in the
    revised title and with other titles of the United States Code.
      In subsection (a)(3), the word "particularly" is omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8122                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8122. Jurisdiction over portion of Constitution Avenue

-STATUTE-
      The Director of the National Park Service has jurisdiction over
    that part of Constitution Avenue west of Virginia Avenue that was
    under the control of the Commissioners of the District of Columbia
    prior to May 27, 1908.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1207.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8122           40:64.                  May 27, 1908, ch. 200, Sec.  
                                            1 (1st complete par. on p.  
                                            356), 35 Stat. 356.         
    --------------------------------------------------------------------

      For transfer of functions from the Chief of Engineers to the
    Director of the National Park Service, see the revision note under
    section 8102 of this title. The words "Constitution Avenue" are
    substituted for "B Street" to reflect the current name.

-End-

-CITE-
    40 USC Sec. 8123                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8123. Record of transfer of jurisdiction between Director of
      National Park Service and Mayor of District of Columbia

-STATUTE-
      When in accordance with law or mutual legal agreement, spaces or
    portions of public land are transferred between the jurisdiction of
    the Director of the National Park Service, as established by the
    Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the
    District of Columbia, the letters of transfer and acceptance
    exchanged between them are sufficient authority for the necessary
    change in the official maps and for record when necessary.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1207.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8123           40:79.                  July 1, 1898, ch. 543, Sec.  
                                            5, 30 Stat. 570.            
    --------------------------------------------------------------------

      For transfer of functions from the Chief of Engineers to the
    Director of the National Park Service, see the revision note under
    section 8102 of this title. The word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [which subsequently should have been changed to
    "Commissioner" (meaning the Commissioner of the District of
    Columbia) rather than "District of Columbia Council" because of
    section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3,
    1967, 81 Stat. 951)] because of section 421 of the District of
    Columbia Home Rule Act (Public Law 93-198, 87 Stat. 789).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of July 1, 1898, referred to in text, is act July 1,
    1898, ch. 543, 30 Stat. 570, as amended, which enacted sections 60,
    75, 78, 79, and 80 of former Title 40, Public Buildings, Property,
    and Works, and amended section 67 of former Title 40. Sections 60,
    67, 75, 78, and 80 of former Title 40 have been omitted from the
    Code. Section 79 of former Title 40 was repealed and reenacted as
    this section by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
    Stat. 1062, 1304. For complete classification of this Act to the
    Code, see Tables.

-End-

-CITE-
    40 USC Sec. 8124                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8124. Transfer of jurisdiction between Federal and District of
      Columbia authorities

-STATUTE-
      (a) Transfer of Jurisdiction. - Federal and District of Columbia
    authorities administering properties in the District that are owned
    by the Federal Government or by the District may transfer
    jurisdiction over any part of the property among or between
    themselves for purposes of administration and maintenance under
    conditions the parties agree on. The National Capital Planning
    Commission shall recommend the transfer before it is completed.
      (b) Report to Congress. - The District authorities shall report
    all transfers and agreements to Congress.
      (c) Certain Laws Not Repealed. - Subsection (a) does not repeal
    any law in effect on May 20, 1932, which authorized the transfer of
    jurisdiction of certain land among and between federal and District
    authorities.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1207.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8124(a),       40:122.                 May 20, 1932, ch. 197, Sec.  
     (b)                                    1, 47 Stat. 161; Aug. 30,   
                                            1954, ch. 1076, Sec. (20),  
                                            68 Stat. 967.               
    8124(c)        40:123.                 May 20, 1932, ch. 197, Sec.  
                                            2, 47 Stat. 162.            
    --------------------------------------------------------------------

      In subsection (a), the words "National Capital Planning
    Commission" are substituted for "National Capital Park and Planning
    Commission" because of section 9 of the Act of June 6, 1924 (ch.
    270), as added by section 1 of the Act of July 19, 1952 (ch. 949,
    66 Stat. 790). See section 8711(f) of the revised title.
      In subsection (c), the words "but all such laws shall remain in
    full force and effect" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 8125                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8125. Public spaces resulting from filling of canals

-STATUTE-
      The Director of the National Park Service has jurisdiction over
    all public spaces resulting from the filling of canals in the
    original city of Washington that were not under the jurisdiction of
    the Chief of Engineers of the United States Army as of August 1,
    1914, except spaces included in the navy yard or in actual use as
    roadways and sidewalks and spaces assigned by law to the District
    of Columbia for use as a property yard and the location of a sewage
    pumping station. The spaces shall be laid out as reservations as a
    part of the park system of the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1207.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8125           40:82.                  Aug. 1, 1914, ch. 223, Sec.  
                                            1 (last par. on p. 633), 38 
                                            Stat. 633.                  
    --------------------------------------------------------------------

      For transfer of functions from the Chief of Engineers to the
    Director of the National Park Service, see the revision note under
    section 8102 of this title. However, the words "Chief of Engineers
    of the United States Army" in the source provision are retained for
    historical purposes.

-End-

-CITE-
    40 USC Sec. 8126                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8126. Temporary occupancy of Potomac Park by Secretary of
      Agriculture

-STATUTE-
      (a) Not More Than 75 Acres. - The Director of the National Park
    Service may allow the Secretary of Agriculture to temporarily
    occupy as a testing ground not more than 75 acres of Potomac Park
    not needed in any one season for reclamation or park improvement.
    The Secretary shall vacate the area at the close of any season on
    the request of the Director.
      (b) Continue as Public Park Under Director. - This section does
    not change the essential character of the land used, which shall
    continue to be a public park under the charge of the Director.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1207.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8126(a)        40:89 (words before     Mar. 3, 1899, ch. 458, Sec.  
                    provisos, 2d            2 (2d par.), 30 Stat. 1378. 
                    proviso).                                           
    8126(b)        40:89 (1st, last                                     
                    provisos).                                          
    --------------------------------------------------------------------

      For transfer of functions from the Secretary of War to the
    Director of the National Park Service, see the revision note under
    section 8108 of this title.
      In subsection (a), the words "of such area or areas" and "in
    extent" are omitted as unnecessary.
      In subsection (b), the words "as provided in section 86 of this
    title" are omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 8127                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER II - JURISDICTION

-HEAD-
    Sec. 8127. Part of Washington Aqueduct for playground purposes

-STATUTE-
      (a) Jurisdiction of Mayor. - The Mayor of the District of
    Columbia has possession, control, and jurisdiction of the land of
    the Washington Aqueduct adjacent to the Champlain Avenue pumping
    station and lying outside of the fence around the pumping station
    as it - 
        (1) existed on August 31, 1918; and
        (2) was transferred by the Chief of Engineers for playground
      purposes.

      (b) Jurisdiction of Secretary of the Army Not Affected. - This
    section does not affect the superintendence and control of the
    Secretary of the Army over the Washington Aqueduct and the rights,
    appurtenances, and fixtures connected with the Aqueduct.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1208.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8127           40:100.                 Aug. 31, 1918, ch. 164, Sec. 
                                            1 (6th par., words before   
                                            "and over" in last par.     
                                            under heading "Washington   
                                            Aqueduct."), 40 Stat. 951.  
    --------------------------------------------------------------------

      In this section, the word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [subsequently changed to "Commissioner" [meaning the
    Commissioner of the District of Columbia] because of section 401 of
    Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    951)] because of section 421 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 789).
      In subsection (a), before clause (1), the word "use" is omitted
    as included in "possession, control, and jurisdiction".
      In subsection (b), the words "Secretary of the Army" are
    substituted for "Secretary of War" because of section 205(a) of the
    Act of July 26, 1947 (ch. 343, 61 Stat. 501). Section 205(a) was
    repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A
    Stat. 676), the first section of which enacted Title 10, United
    States Code. Sections 3010-3013 of title 10 continued the
    Department of the Army under the administrative supervision of the
    Secretary of the Army.

-End-

-CITE-
    40 USC SUBCHAPTER III - SERVICES FOR FACILITIES             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER III - SERVICES FOR FACILITIES

-HEAD-
                 SUBCHAPTER III - SERVICES FOR FACILITIES             

-End-

-CITE-
    40 USC Sec. 8141                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER III - SERVICES FOR FACILITIES

-HEAD-
    Sec. 8141. Contract to rent buildings in the District of Columbia
      not to be made until appropriation enacted

-STATUTE-
      A contract shall not be made for the rent of a building, or part
    of a building, to be used for the purposes of the Federal
    Government in the District of Columbia until Congress enacts an
    appropriation for the rent. This section is deemed to be notice to
    all contractors or lessors of the building or a part of the
    building.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1208.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8141           40:34.                  Mar. 3, 1877, ch. 106 (words 
                                            after 2d semicolon in 3d    
                                            par. under heading          
                                            "Miscellaneous"), 19 Stat.  
                                            370.                        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 8142                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER III - SERVICES FOR FACILITIES

-HEAD-
    Sec. 8142. Rent of other buildings

-STATUTE-
      An executive department of the Federal Government renting a
    building for public use in the District of Columbia may rent a
    different building instead if it is in the public interest to do
    so. This section does not authorize an increase in the number of
    buildings in use or in the amount paid for rent.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1208.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8142           40:35.                  Aug. 5, 1882, ch. 389 1      
                                            [sic] (2d sentence in 8th   
                                            par. on p. 241), 22 Stat.   
                                            241.                        
    --------------------------------------------------------------------

      The word "now" in the Act of August 5, 1882 is omitted as
    obsolete.

-End-

-CITE-
    40 USC Sec. 8143                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER III - SERVICES FOR FACILITIES

-HEAD-
    Sec. 8143. Heat

-STATUTE-
      (a) Corcoran Gallery of Art. - The Administrator of General
    Services may furnish heat from the central heating plant to the
    Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees to -
    
        (1) pay for heat furnished at rates the Administrator
      determines; and
        (2) connect the building with the Federal Government mains in a
      manner satisfactory to the Administrator.

      (b) Board of Governors of the Federal Reserve System. - The
    Administrator may furnish steam from the central heating plant for
    the use of the Board of Governors of the Federal Reserve System on
    the property which the Board acquired in squares east of 87 and
    east of 88 in the District of Columbia if the Board agrees to - 
        (1) pay for the steam furnished at reasonable rates the
      Administrator determines but that are at least equal to cost; and
        (2) provide the necessary connections with the Government mains
      at its own expense and in a manner satisfactory to the
      Administrator.

      (c) Non-Federal Public Buildings. - The Administrator shall
    determine the rates to be paid for steam furnished to the Corcoran
    Gallery of Art, the Pan American Union Buildings, the American Red
    Cross Buildings, and other non-federal public buildings authorized
    to receive steam from the central heating plant.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1208.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8143(a)        40:22a.                 June 19, 1934, ch. 648 (last 
                                            par. on p. 1044), 48 Stat.  
                                            1044.                       
    8143(b)        40:22b.                 June 27, 1935, ch. 320,      
                                            Secs. 1, 2, 49 Stat. 425.   
    8143(c)        40:22c.                                              
    --------------------------------------------------------------------

      In subsection (a), the words "Administrator of General Services"
    are substituted for "Treasury Department", "Secretary of the
    Treasury", and ["]Public Works Branch, Procurement Division,
    Treasury Department" [subsequently changed to "Federal Works
    Agency", ["]Federal Works Administrator", and "Public Buildings
    Administration, Federal Works Agency", respectively, because of
    sections 301 and 303 of Reorganization Plan No. I of 1939 (eff.
    July 1, 1939, 53 Stat. 1426, 1427)] because of 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 clause (1), the words "not less than cost"
    are omitted because of 40:22c, restated as subsection (c).
      In subsections (b) and (c), the word "Administrator" is
    substituted for "Secretary of the Interior, through the National
    Park Service" and "Secretary of the Interior" [both subsequently
    changed to "Federal Works Administrator" because of sections 301
    and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53
    Stat. 1426, 1427)] because of 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 subsection (b), before clause (1), the words "Board of
    Governors of the Federal Reserve System" are substituted for
    "Federal Reserve Board" because of section 203(a) of the Banking
    Act of 1935 (ch. 614, 49 Stat. 704).
      In subsection (c), the words "On and after June 27" are omitted
    as obsolete. The words "the Pan American Union buildings" are
    substituted for "the buildings, old and new, of the Pan American
    Union" for clarity. The words "as are or hereafter may be" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 8144                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER III - SERVICES FOR FACILITIES

-HEAD-
    Sec. 8144. Delivery of fuel for use during ensuing fiscal year

-STATUTE-
      During April, May, and June of each year, the Administrator of
    General Services may deliver to all branches of the Federal
    Government and the government of the District of Columbia as much
    fuel for their use during the following fiscal year as may be
    practicable to store at the points of consumption. The branches of
    the Federal Government and the government of the District of
    Columbia shall pay for the fuel from their applicable
    appropriations for that fiscal year.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1209.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8144           40:113.                 June 5, 1920, ch. 235 (2d    
                                            complete par. on p. 913), 41
                                            Stat. 913.                  
    --------------------------------------------------------------------

      The words "the months of" are omitted as unnecessary. The words
    "Administrator of General Services" are substituted for "Secretary
    of the Interior" [subsequently changed to ["]Secretary of the
    Treasury" because of Executive Order No. 4239 (eff. July 1, 1925)
    and section 1 of Executive Order No. 6166 (eff. June 10, 1933)]
    because of sections 109(a) and 201(a)(2) of the Federal Property
    and Administrative Services Act of 1949 (ch. 288, 63 Stat. 382,
    384), restated as sections 321(b)(1) and 501(d) of the revised
    title. The word "Government" is substituted for "service" for
    clarity and for consistency in the revised title and with other
    titles of the United States Code. The word "municipal" is omitted
    as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER IV - MISCELLANEOUS                        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER IV - MISCELLANEOUS                   

-End-

-CITE-
    40 USC Sec. 8161                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 8161. Reservation of parking spaces for Members of Congress

-STATUTE-
      The Council of the District of Columbia shall designate, reserve,
    and properly mark appropriate and sufficient parking spaces on the
    streets adjacent to all public buildings in the District for the
    use of Members of Congress engaged in public business.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1209.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8161           40:60a.                 June 29, 1956, ch. 479 (3d   
                                            par. under heading          
                                            "Department of Vehicles and 
                                            Traffic"), 70 Stat. 447.    
    --------------------------------------------------------------------

      The words "On and after June 29, 1956" are omitted as obsolete.
    The words "Council of the District of Columbia" are substituted for
    ["]Commissioners" [meaning the Board of Commissioners of the
    District of Columbia] [subsequently changed to "District of
    Columbia Council" because of section 402(300) of Reorganization
    Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 969)] because of
    sections 401 and 404(a) of the District of Columbia Home Rule Act
    (Public Law 93-198, 87 Stat. 785, 787).

-End-

-CITE-
    40 USC Sec. 8162                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 8162. Ailanthus trees prohibited

-STATUTE-
      Ailanthus trees shall not be purchased for, or planted in, the
    public grounds.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1209.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8162           40:102.                 R.S. Sec. 1830.              
    --------------------------------------------------------------------

      The word "ailanthus" is substituted for "ailantus" to correct an
    error in the source provision.

-End-

-CITE-
    40 USC Sec. 8163                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 8163. Use of greenhouses and nursery for trees, shrubs, and
      plants

-STATUTE-
      The greenhouses and nursery shall be used only for the
    propagation of trees, shrubs, and plants suitable for planting in
    the public reservations. Only those trees, shrubs, and plants shall
    be planted in the public reservations.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1209.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8163           40:103.                 June 20, 1878, ch. 359       
                                            (proviso in 2d par. under   
                                            heading "Building and       
                                            Grounds in and Around       
                                            Washington and the Executive
                                            Mansion"), 20 Stat. 220.    
    --------------------------------------------------------------------

      The words "On and after June 20, 1878" are omitted as obsolete.
    The words "Only those trees, shrubs, and plants shall be planted in
    the public reservations" are substituted for "to which purpose only
    the said productions of the greenhouses and nursery shall be
    applied" for clarity.

-End-

-CITE-
    40 USC Sec. 8164                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 8164. E. Barrett Prettyman United States Courthouse

-STATUTE-
      (a) Operation, Maintenance, and Repair. - The operation,
    maintenance, and repair of the E. Barrett Prettyman United States
    Courthouse, used by the United States Court of Appeals for the
    District of Columbia and the United States District Court for the
    District of Columbia, is under the control of the Administrator of
    General Services.
      (b) Allocation of Space. - The allocation of space in the
    Courthouse is vested in the chief judge of the United States Court
    of Appeals for the District of Columbia and the chief judge of the
    United States District Court for the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1209.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8164(a)        40:129a.                May 14, 1948, ch. 290, 62    
                                            Stat. 235.                  
                   40:130 (words                                        
                    before last comma).                                 
                   40:130a.                                             
    8164(b)        40:130 (words after                                  
                    last comma).                                        
    --------------------------------------------------------------------

      In this section, the words "United States District Court for the
    District of Columbia" are substituted for "District Court of the
    United States for the District of Columbia" because of section
    32(b) of the Act of June 25, 1948 (ch. 646, 62 Stat. 991), as
    amended by section 127 of the Act of May 24, 1949 (ch. 139, 63
    Stat. 107).
      In subsection (a), the words "the E. Barrett Prettyman United
    States Courthouse" are substituted for "the completed building"
    because of section 2 of the Act of July 1, 1996 (Public Law 104-
    151, 110 Stat. 1383). The words "Administrator of General
    Services" are substituted for "Public Buildings Administration, in
    the Federal Works Agency" because of 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.
    The text of 40:129a (words before last proviso) is omitted as
    obsolete. The text of 40:129a (last proviso) is omitted because of
    section 173(a)(1) of the District of Columbia Court Reform and
    Criminal Procedure Act of 1970 (Public Law 91-358, 84 Stat. 591).
    The text of 40:130a is omitted as unnecessary.
      In subsection (b), the words "chief judge" are substituted for
    "chief justice" in both places because of section 32(a) of the Act
    of June 25, 1948 (ch. 646, 62 Stat. 991), as amended by section 127
    of the Act of May 24, 1949 (ch. 139, 63 Stat. 107).

                    WILLIAM B. BRYANT ANNEX DESIGNATION                
      Pub. L. 109-101, Secs. 3, 4, Nov. 11, 2005, 119 Stat. 2171,
    provided that:

      "SEC. 3. DESIGNATION OF WILLIAM B. BRYANT ANNEX.
      "The annex, located on the 200 block of 3rd Street Northwest in
    the District of Columbia, to the E. Barrett Prettyman Federal
    Building and United States Courthouse located at Constitution
    Avenue Northwest in the District of Columbia shall be known and
    designated as the 'William B. Bryant Annex'.

      "SEC. 4. REFERENCES.
      "Any reference in a law, map, regulation, document, paper, or
    other record of the United States to the annex referred to in
    section 3 shall be deemed to be a reference to the 'William B.
    Bryant Annex'."

         E. BARRETT PRETTYMAN UNITED STATES COURTHOUSE DESIGNATION     
      Pub. L. 104-151, July 1, 1996, 110 Stat. 1383, provided that:

      "SECTION 1. DESIGNATION OF COURTHOUSE.
      "The United States courthouse located at 3rd Street and
    Constitution Avenue, Northwest, in Washington, District of
    Columbia, shall be designated and known as the 'E. Barrett
    Prettyman United States Courthouse'.

      "SEC. 2. REFERENCES.
      "Any reference in a law, map, regulation, document, paper, or
    other record of the United States to the United States courthouse
    referred to in section 1 shall be deemed to be a reference to the
    'E. Barrett Prettyman United States Courthouse'."

-End-

-CITE-
    40 USC Sec. 8165                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 81 - ADMINISTRATIVE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 8165. Services for Office of Personnel Management

-STATUTE-
      For carrying out the work of the Director of the Office of
    Personnel Management and the examinations provided for in sections
    3304 and 3305 of title 5, the Administrator of General Services
    shall - 
        (1) assign or provide suitable and convenient rooms and
      accommodations, which are furnished, heated, and lighted, in
      Washington, D.C.;
        (2) supply necessary stationery and other articles; and
        (3) arrange for or provide necessary printing.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1210.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8165           40:42.                  Jan. 16, 1883, ch. 27, Sec.  
                                            4, 22 Stat. 405.            
    --------------------------------------------------------------------

      In this section, the words "the Director of the Office of
    Personnel Management and the examinations provided for in sections
    3304 and 3305 of title 5" are substituted for "said commission and
    said examinations" in section 4 of the Act of January 16, 1883,
    because of section 102 of Reorganization Plan No. 2 of 1978 (eff.
    Jan. 1, 1979, 92 Stat. 3783) and section 7(b) of the Act of
    September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first
    section of which enacted Title 5, United States Code. The words
    "Administrator of General Services" are substituted for "Secretary
    of the Interior" [subsequently changed to "Civil Service
    Commission" because of section 1 (1st complete par. on p. 642) of
    the Act of May 29, 1920 (ch. 214, 41 Stat. 642)] because of
    sections 1 and 2 of Reorganization Plan No. 18 of 1950 (eff. July
    1, 1950, 64 Stat. 1270).

-End-

-CITE-
    40 USC CHAPTER 83 - WASHINGTON METROPOLITAN REGION
           DEVELOPMENT                                     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

-HEAD-
          CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT      

-MISC1-
    Sec.                                                     
    8301.       Definition.                                           
    8302.       Necessity for coordination in the development of the
                 Washington metropolitan region.                      
    8303.       Declaration of policy of coordinated development and
                 management.                                          
    8304.       Priority projects.                                    

-End-

-CITE-
    40 USC Sec. 8301                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

-HEAD-
    Sec. 8301. Definition

-STATUTE-
      In this chapter, the term "Washington metropolitan region"
    includes the District of Columbia, the counties of Montgomery and
    Prince Georges in Maryland, and the counties of Arlington and
    Fairfax and the cities of Alexandria and Falls Church in Virginia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1210.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8301           40:135.                 Pub. L. 86-527, Sec. 6, June 
                                            27, 1960, 74 Stat. 224.     
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 8302                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

-HEAD-
    Sec. 8302. Necessity for coordination in the development of the
      Washington metropolitan region

-STATUTE-
      Because the District of Columbia is the seat of the Federal
    Government and has become the urban center of a rapidly expanding
    Washington metropolitan region, the necessity for the continued and
    effective performance of the functions of the Government in the
    District of Columbia, the general welfare of the District of
    Columbia, the health and living standards of the people residing or
    working in the District of Columbia, and the conduct of industry,
    trade, and commerce in the District of Columbia require that to the
    fullest extent possible the development of the District of Columbia
    and the management of its public affairs, and the activities of the
    departments, agencies, and instrumentalities of the Government
    which may be carried out in, or in relation to, the other areas of
    the Washington metropolitan region, shall be coordinated with the
    development of those other areas and with the management of their
    public affairs so that, with the cooperation and assistance of
    those other areas, all of the areas in the Washington metropolitan
    area shall be developed and their public affairs shall be managed
    so as to contribute effectively toward the solution of the
    community development problems of the Washington metropolitan
    region on a unified metropolitan basis.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1210.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8302           40:131.                 Pub. L. 86-527, Sec. 2, June 
                                            27, 1960, 74 Stat. 223.     
    --------------------------------------------------------------------

      The words "The Congress hereby declares that" are omitted as
    obsolete. The words "at the seat of said Government" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8303                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

-HEAD-
    Sec. 8303. Declaration of policy of coordinated development and
      management

-STATUTE-
      The policy to be followed for the attainment of the objective
    established by section 8302 of this title, and for the more
    effective exercise by Congress, the executive branch of the Federal
    Government, the Mayor of the District of Columbia, and all other
    officers, agencies, and instrumentalities of the District of
    Columbia of their respective functions, powers, and duties in
    respect of the Washington metropolitan region, shall be that the
    functions, powers, and duties shall be exercised and carried out in
    a manner that (with proper recognition of the sovereignty of
    Maryland and Virginia in respect of those areas of the Washington
    metropolitan region that are located within their respective
    jurisdictions) will best facilitate the attainment of the
    coordinated development of the areas of the Washington metropolitan
    area and the coordinated management of their public affairs so as
    to contribute effectively to the solution of the community
    development problems of the Washington metropolitan region on a
    unified metropolitan basis.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1210.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8303           40:132.                 Pub. L. 86-527, Sec. 3, June 
                                            27, 1960, 74 Stat. 223.     
    --------------------------------------------------------------------

      The words "The Congress further declares that" are omitted as
    obsolete. The word "Mayor" is substituted for "Board of
    Commissioners" [subsequently changed to "Commissioner" because of
    section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3,
    1967, 81 Stat. 951)] because of section 421 of the District of
    Columbia Self-Government and Governmental Reorganization Act
    (Public Law 93-198, 87 Stat. 789.)

-End-

-CITE-
    40 USC Sec. 8304                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

-HEAD-
    Sec. 8304. Priority projects

-STATUTE-
      In carrying out the policy pursuant to section 8303 of this title
    for the attainment of the objective established by section 8302 of
    this title, priority should be given to the solution, on a unified
    metropolitan basis, of the problems of water supply, sewage
    disposal, and water pollution and transportation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1211.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8304           40:133.                 Pub. L. 86-527, Sec. 4, June 
                                            27, 1960, 74 Stat. 223.     
    --------------------------------------------------------------------

      The words "The Congress further declares that" are omitted as
    obsolete.

-End-

-CITE-
    40 USC CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND
           DIRECTOR                                        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-
          CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR      

-MISC1-
    Sec.                                                     
    8501.       National Capital Service Area.                        
    8502.       National Capital Service Director.                    

-End-

-CITE-
    40 USC Sec. 8501                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-
    Sec. 8501. National Capital Service Area

-STATUTE-
      (a) Establishment. - 
        (1) Boundaries. - The National Capital Service Area is in the
      District of Columbia and includes the principal federal
      monuments, the White House, the Capitol Building, the United
      States Supreme Court Building, and the federal executive,
      legislative, and judicial office buildings located adjacent to
      the Mall and the Capitol Building, and is more particularly
      described as the area bounded as follows:
          Beginning at that point on the present Virginia-District of
        Columbia boundary due west of the northernmost point of
        Theodore Roosevelt Island and running due east to the eastern
        shore of the Potomac River;
          thence generally south along the shore at the mean high water
        mark to the northwest corner of the Kennedy Center;
          thence east along the northern side of the Kennedy Center to
        a point where it reaches the E Street Expressway;
          thence east on the expressway to E Street Northwest and
        thence east on E Street Northwest to Eighteenth Street
        Northwest;
          thence south on Eighteenth Street Northwest to Constitution
        Avenue Northwest;
          thence east on Constitution Avenue to Seventeenth Street
        Northwest;
          thence north on Seventeenth Street Northwest to Pennsylvania
        Avenue Northwest;
          thence east on Pennsylvania Avenue to Jackson Place
        Northwest;
          thence north on Jackson Place to H Street Northwest;
          thence east on H Street Northwest to Madison Place Northwest;
          thence south on Madison Place Northwest to Pennsylvania
        Avenue Northwest;
          thence east on Pennsylvania Avenue Northwest to Fifteenth
        Street Northwest;
          thence south on Fifteenth Street Northwest to Pennsylvania
        Avenue Northwest;
          thence southeast on Pennsylvania Avenue Northwest to John
        Marshall Place Northwest;
          thence north on John Marshall Place Northwest to C Street
        Northwest;
          thence east on C Street Northwest to Third Street Northwest;
          thence north on Third Street Northwest to D Street Northwest;
          thence east on D Street Northwest to Second Street Northwest;
          thence south on Second Street Northwest to the intersection
        of Constitution Avenue Northwest and Louisiana Avenue
        Northwest;
          thence northeast on Louisiana Avenue Northwest to North
        Capitol Street;
          thence north on North Capitol Street to Massachusetts Avenue
        Northwest;
          thence southeast on Massachusetts Avenue Northwest so as to
        encompass Union Square;
          thence following Union Square to F Street Northeast;
          thence east on F Street Northeast to Second Street Northeast;
          thence south on Second Street Northeast to D Street
        Northeast;
          thence west on D Street Northeast to First Street Northeast;
          thence south on First Street Northeast to Maryland Avenue
        Northeast;
          thence generally north and east on Maryland Avenue to Second
        Street Northeast;
          thence south on Second Street Northeast to C Street
        Southeast;
          thence west on C Street Southeast to New Jersey Avenue
        Southeast;
          thence south on New Jersey Avenue Southeast to D Street
        Southeast;
          thence west on D Street Southeast to Canal Street Parkway;
          thence southeast on Canal Street Parkway to E Street
        Southeast;
          thence west on E Street Southeast to the intersection of
        Washington Avenue Southwest and South Capitol Street;
          thence northwest on Washington Avenue Southwest to Second
        Street Southwest;
          thence south on Second Street Southwest to Virginia Avenue
        Southwest;
          thence generally west on Virginia Avenue to Third Street
        Southwest;
          thence north on Third Street Southwest to C Street Southwest;
          thence west on C Street Southwest to Sixth Street Southwest;
          thence north on Sixth Street Southwest to Independence
        Avenue;
          thence west on Independence Avenue to Twelfth Street
        Southwest;
          thence south on Twelfth Street Southwest to D Street
        Southwest;
          thence west on D Street Southwest to Fourteenth Street
        Southwest;
          thence south on Fourteenth Street Southwest to the middle of
        the Washington Channel;
          thence generally south and east along the mid-channel of the
        Washington Channel to a point due west of the northern boundary
        line of Fort Lesley McNair;
          thence due east to the side of the Washington Channel;
          thence following generally south and east along the side of
        the Washington Channel at the mean high water mark, to the
        point of confluence with the Anacostia River, and along the
        northern shore at the mean high water mark to the northern most
        point of the Eleventh Street Bridge;
          thence generally south and east along the northern side of
        the Eleventh Street Bridge to the eastern shore of the
        Anacostia River;
          thence generally south and west along such shore at the mean
        high water mark to the point of confluence of the Anacostia and
        Potomac Rivers;
          thence generally south along the eastern shore at the mean
        high water mark of the Potomac River to the point where it
        meets the present southeastern boundary line of the District of
        Columbia;
          thence south and west along such southeastern boundary line
        to the point where it meets the present Virginia-District of
        Columbia boundary;
          thence generally north and west up the Potomac River along
        the Virginia-District of Columbia boundary to the point of
        beginning.

        (2) Streets and sidewalks included. - Where the area in
      paragraph (1) is bounded by a street, the street, and any
      sidewalk of the street, are included in the area.
        (3) Federal property that affronted or abutted the area deemed
      to be in the area. - Federal real property that on December 24,
      1973, affronted or abutted the area described in paragraph (1) is
      deemed to be in the area. For the purposes of this paragraph,
      federal real property affronting or abutting the area described
      in paragraph (1) - 
          (A) is deemed to include Fort Lesley McNair, the Washington
        Navy Yard, the Anacostia Naval Annex, the United States Naval
        Station, Bolling Air Force Base, and the Naval Research
        Laboratory; and
          (B) does not include any area situated outside of the
        District of Columbia boundary as it existed immediately prior
        to December 24, 1973, any part of the Anacostia Park situated
        east of the northern side of the Eleventh Street Bridge, or any
        part of the Rock Creek Park.

      (b) Applicability of Other Provisions. - 
        (1) Provisions covering buildings and grounds in area not
      affected. - Except to the extent specifically provided by this
      section, this section does not - 
          (A) apply to the United States Capitol Buildings and Grounds
        as defined and described in sections 5101 and 5102 of this
        title, any other buildings and grounds under the care of the
        Architect of the Capitol, the Supreme Court Building and
        grounds as described in section 6101 of this title, and the
        Library of Congress buildings and grounds as defined in section
        11 of the Act of August 4, 1950 (2 U.S.C. 167j); and
          (B) repeal, amend, alter, modify, or supersede - 
            (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14
          of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any
          other general law of the United States, any law enacted by
          Congress and applicable exclusively to the District of
          Columbia, or any rule or regulation prescribed pursuant to
          any of those provisions, that was in effect on January 1,
          1975, and that pertained to those buildings and grounds; or
            (ii) any authority which existed on December 24, 1973, with
          respect to those buildings and grounds and was vested on
          January 1, 1975, in the Senate, the House of Representatives,
          Congress, any committee, commission, or board of the Senate,
          the House of Representatives, or Congress, the Architect of
          the Capitol or any other officer of the legislative branch,
          the Chief Justice of the United States, the Marshal of the
          Supreme Court, or the Librarian of Congress.

        (2) Continued application of laws, regulations, and rules. -
      Except to the extent otherwise specifically provided in this
      section, all general laws of the United States and all laws
      enacted by the Congress and applicable exclusively to the
      District of Columbia, including regulations and rules prescribed
      pursuant to any of those laws, that were in effect on January 1,
      1975, and which applied to and in the areas included in the
      National Capital Service Area pursuant to this section continue
      to be applicable to and in the National Capital Service Area in
      the same manner and to the same extent as if this section had not
      been enacted and remain applicable until repealed, amended,
      altered, modified, or superseded.

      (c) Availability of Services and Facilities. - As far as
    practicable, any service or facility authorized by the District of
    Columbia Home Rule Act (Public Law 93-198, 87 Stat. 774) to be
    rendered or furnished (including maintenance of streets and
    highways, and services under section 1537 of title 31) shall be
    made available to the Senate, the House of Representatives,
    Congress, any committee, commission, or board of the Senate, the
    House of Representatives, or Congress, the Architect of the
    Capitol, any other officer of the legislative branch who on January
    1, 1975, was vested with authority over those buildings and
    grounds, the Chief Justice of the United States, the Marshal of the
    Supreme Court, and the Librarian of Congress on their request. If
    payment would be required for the rendition or furnishing of a
    similar service or facility to any other federal agency, the
    recipient, on presentation of proper vouchers and as agreed on by
    the parties, shall pay for the service or facility in advance or by
    reimbursement.
      (d) Right To Participate in Election Not Affected by Residency. -
    An individual may not be denied the right to vote or otherwise
    participate in any manner in any election in the District of
    Columbia solely because the individual resides in the National
    Capital Service Area.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1211; Pub. L. 109-284,
    Sec. 6(24), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8501(a)        40:136(a), (f).         Pub. L. 93-198, title VII,   
                                            Sec. 739(a), (f), (h)-(j),  
                                            Dec. 24, 1973, 87 Stat. 825,
                                            826, 829.                   
    8501(b)(1)     40:136(h)(1).                                        
    8501(b)(2)     40:136(i).                                           
    8501(c)        40:136(h)(2).                                        
    8501(d)        40:136(j).                                           
    --------------------------------------------------------------------

      In subsection (a)(1), the words "Washington Avenue Southwest" are
    substituted for "Canal Street Southwest" because of section 2 of
    D.C. Law 8-39. See section 7-451 note of the District of Columbia
    Code.
      In subsection (b)(1)(A), reference to the Supreme Court Building
    is omitted because 40:13p only describes the Supreme Court grounds.
      In subsection (b)(1)(B)(ii), the words "by law, or otherwise" are
    omitted as unnecessary.
      In subsection (b)(2), the words "and such laws, regulations, and
    rules shall thereafter be applicable to and within such area in the
    manner and to the extent so provided by any such amendment,
    alteration, or modification" are omitted as unnecessary.
      In subsection (c), the words "Notwithstanding the foregoing
    provisions of this section" are omitted as unnecessary. The words
    "section 1537 of title 31" are substituted for "section 731 of this
    Act" because of section 4(b) of the Act of September 13, 1982
    (Public Law 97-258, 96 Stat. 1067), the first section of which
    enacted Title 31, United States Code. The words "by law or
    otherwise" and "rendering and receiving such services" are omitted
    as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,
    referred to in subsec. (b)(1)(B)(i), are classified to sections
    1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The
    Congress.
      The District of Columbia Home Rule Act, referred to in subsec.
    (c), is Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, as amended.
    For complete classification of this Act to the Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (b)(1)(A). Pub. L. 109-284 inserted "of this
    title" after "sections 5101 and 5102".

-End-

-CITE-
    40 USC Sec. 8502                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-
    Sec. 8502. National Capital Service Director

-STATUTE-
      (a) Establishment and Compensation. - There is in the Executive
    Office of the President the National Capital Service Director who
    shall be appointed by the President. The Director shall receive
    compensation at the maximum rate established for level IV of the
    Executive Schedule under section 5315 of title 5.
      (b) Personnel. - The Director may appoint and fix the rate of
    compensation of necessary personnel, subject to chapters 33 and 51
    and subchapter III of chapter 53 of title 5.
      (c) Duties. - 
        (1) President. - The President, through the Director and using
      District of Columbia governmental services to the extent
      practicable, shall ensure that there is provided in the area
      described in section 8501(a) of this title adequate fire
      protection and sanitation services.
        (2) Director. - Except with respect to that part of the
      National Capital Service Area comprising the United States
      Capitol Buildings and Grounds as defined and described in
      sections 5101 and 5102 of this title, the Supreme Court Building
      and grounds as described in section 6101 of this title, and the
      Library of Congress buildings and grounds as defined in section
      11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director
      shall ensure that there is provided in the remainder of the area
      described in section 8501(a) of this title adequate police
      protection and maintenance of streets and highways.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1215; Pub. L. 109-284,
    Sec. 6(25), (26), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8502(a)        40:136(b) (1st          Pub. L. 93-198, title VII,   
                    sentence), (c) (1st     Sec. 739(b), (c), Dec. 24,  
                    sentence).              1973, 87 Stat. 825.         
    8502(b)        40:136(c) (last                                      
                    sentence).                                          
    8502(c)        40:136(b) (2d, last                                  
                    sentences).                                         
    --------------------------------------------------------------------

      In subsection (a), the words "from time to time" and "of section
    5314 [sic] of title 5" are omitted as unnecessary. [The words "of
    section 5314 of title 5" were not omitted.]
      In subsection (b), the reference to chapter 33 of title 5 is
    substituted for "the provisions of title 5 governing appointments
    in the competitive service" for clarity and for consistency in the
    revised title and with other titles of the United States Code. The
    words "subchapter III" are substituted for "subchapter 3" to
    correct an error in the source provision.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-284, Sec. 6(25), substituted
    "5315" for "5314".
      Subsec. (c)(2). Pub. L. 109-284, Sec. 6(26), inserted "of this
    title" after "sections 5101 and 5102".

-End-

-CITE-
    40 USC CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL
           CAPITAL REGION                                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

-HEAD-
       CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION   

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    8701.       Findings and purposes.                                
    8702.       Definitions.                                          

                     SUBCHAPTER II - PLANNING AGENCIES                 
    8711.       National Capital Planning Commission.                 
    8712.       Mayor of the District of Columbia.                    

                     SUBCHAPTER III - PLANNING PROCESS                 
    8721.       Comprehensive plan for the National Capital.          
    8722.       Proposed federal and district developments and
                 projects.                                            
    8723.       Capital improvements.                                 
    8724.       Zoning regulations and maps.                          
    8725.       Recommendations on platting and subdividing land.     
    8726.       Authorization of appropriations.                      

              SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND          
    8731.       Acquiring land for park, parkway, or playground
                 purposes.                                            
    8732.       Acquiring land subject to limited rights reserved to
                 grantor and limited permanent rights in land
                 adjoining park property.                             
    8733.       Lease of land acquired for park, parkway, or
                 playground purposes.                                 
    8734.       Sale of land by Mayor.                                
    8735.       Sale of land by Secretary of the Interior.            
    8736.       Execution of deeds.                                   
    8737.       Authorization of appropriations.                      

-End-

-CITE-
    40 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    40 USC Sec. 8701                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8701. Findings and purposes

-STATUTE-
      (a) Findings. - Congress finds that - 
        (1) the location of the seat of government in the District of
      Columbia has brought about the development of a metropolitan
      region extending well into adjoining territory in Maryland and
      Virginia;
        (2) effective comprehensive planning is necessary on a regional
      basis and of continuing importance to the federal establishment;
        (3) the distribution of federal installations throughout the
      region has been and will continue to be a major influence in
      determining the extent and character of development;
        (4) there is needed a central planning agency for the National
      Capital region to coordinate certain developmental activities of
      the many different agencies of the Federal and District of
      Columbia Governments so that those activities may conform with
      general objectives;
        (5) there is an increasing mutuality of interest and
      responsibility between the various levels of government that
      calls for coordinate and unified policies in planning both
      federal and local development in the interest of order and
      economy;
        (6) there are developmental problems of an interstate
      character, the planning of which requires collaboration between
      federal, state, and local governments in the interest of equity
      and constructive action; and
        (7) the instrumentalities and procedures provided in this
      chapter will aid in providing Congress with information and
      advice requisite to legislation.

      (b) Purposes. - 
        (1) In general. - The purposes of this chapter (except sections
      8733-8736) are - 
          (A) to secure comprehensive planning for the physical
        development of the National Capital and its environs;
          (B) to provide for the participation of the appropriate
        planning agencies of the environs in the planning; and
          (C) to establish the agency and procedures requisite to the
        administration of the functions of the Federal and District
        Governments related to the planning.

        (2) Objective. - The general objective of this chapter (except
      sections 8733-8736) is to enable appropriate agencies to plan for
      the development of the federal establishment at the seat of
      government in a manner - 
          (A) consistent with the nature and function of the National
        Capital and with due regard for the rights and prerogatives of
        the adjoining States and local governments to exercise control
        appropriate to their functions; and
          (B) which will, in accordance with present and future needs,
        best promote public health, safety, morals, order, convenience,
        prosperity, and the general welfare, as well as efficiency and
        economy in the process of development.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8701(a)        40:71(a) (2d            June 6, 1924, ch. 270, Sec.  
                    sentence).              1(a), 43 Stat. 463; Apr. 30,
                                            1926, ch. 198, 44 Stat. 374;
                                            May 24, 1928, ch. 726, 45   
                                            Stat. 726; July 19, 1952,   
                                            ch. 949, Sec. 1, 66 Stat.   
                                            781.                        
    8701(b)(1)     40:71(a) (1st                                        
                    sentence).                                          
    8701(b)(2)     40:71(a) (last                                       
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a)(7), the words "from time to time" are omitted
    as unnecessary.
      In subsection (b), the text of 40:72a, restated as section 8732
    of the revised title, is included in the purposes and objectives of
    this chapter because by its terms, the authority of the National
    Capital Planning Commission is enlarged as provided in that
    section.

-End-

-CITE-
    40 USC Sec. 8702                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8702. Definitions

-STATUTE-
      In this chapter - 
        (1) Environs. - The term "environs" means the territory
      surrounding the District of Columbia included in the National
      Capital region.
        (2) National capital. - The term "National Capital" means the
      District of Columbia and territory the Federal Government owns in
      the environs.
        (3) National capital region. - The term "National Capital
      region" means - 
          (A) the District of Columbia;
          (B) Montgomery and Prince Georges Counties in Maryland;
          (C) Arlington, Fairfax, Loudoun, and Prince William Counties
        in Virginia; and
          (D) all cities in Maryland or Virginia in the geographic area
        bounded by the outer boundaries of the combined area of the
        counties listed in subparagraphs (B) and (C).

        (4) Planning agency. - The term "planning agency" means any
      city, county, bi-county, part-county, or regional planning agency
      authorized under state and local laws to make and adopt
      comprehensive plans.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8702           40:71(b).               June 6, 1924, ch. 270, Sec.  
                                            1(b), 43 Stat. 463; Apr. 30,
                                            1926, ch. 198, 44 Stat. 374;
                                            May 24, 1928, ch. 726, 45   
                                            Stat. 726; July 19, 1952,   
                                            ch. 949, Sec. 1, 66 Stat.   
                                            782.                        
    --------------------------------------------------------------------

      In clause (3)(D), the words "now or hereafter existing" are
    omitted as unnecessary.
      In clause (4), the words "whether or not its jurisdiction is
    exclusive or concurrent" are omitted as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER II - PLANNING AGENCIES                    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
                     SUBCHAPTER II - PLANNING AGENCIES                 

-End-

-CITE-
    40 USC Sec. 8711                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
    Sec. 8711. National Capital Planning Commission

-STATUTE-
      (a) Establishment and Purpose. - The National Capital Planning
    Commission is the central federal planning agency for the Federal
    Government in the National Capital, created to preserve the
    important historical and natural features of the National Capital,
    except for the United States Capitol Buildings and Grounds (as
    defined and described in sections 5101 and 5102 of this title), any
    extension of, or additions to, those Buildings and Grounds, and
    buildings and grounds under the care of the Architect of the
    Capitol.
      (b) Composition. - 
        (1) Membership. - The National Capital Planning Commission is
      composed of - 
          (A) ex officio, the Secretary of the Interior, the Secretary
        of Defense, the Administrator of General Services, the Mayor of
        the District of Columbia, the Chairman of the Council of the
        District of Columbia, the chairman of the Committee on
        Governmental Affairs of the Senate, and the chairman of the
        Committee on Government Reform of the House of Representatives,
        or an alternate any of those individuals designates; and
          (B) five citizens with experience in city or regional
        planning, three of whom shall be appointed by the President and
        two of whom shall be appointed by the Mayor.

        (2) Residency requirement. - The citizen members appointed by
      the Mayor shall be residents of the District of Columbia. Of the
      three appointed by the President, at least one shall be a
      resident of Virginia and at least one shall be a resident of
      Maryland.
        (3) Terms. - An individual appointed by the President serves
      for six years. An individual appointed by the Mayor serves for
      four years. An individual appointed to fill a vacancy shall be
      appointed only for the unexpired term of the individual being
      replaced.
        (4) Pay and expenses. - Citizen members are entitled to $100 a
      day when performing duties vested in the Commission and to
      reimbursement for necessary expenses incurred in performing those
      duties.

      (c) Chairman and Officers. - The President shall designate the
    Chairman of the National Capital Planning Commission. The
    Commission may elect from among its members other officers as it
    considers desirable.
      (d) Personnel. - The National Capital Planning Commission may
    employ a Director, an executive officer, and other technical and
    administrative personnel as it considers necessary. Without regard
    to section 3709 of the Revised Statues (41 U.S.C. 5) and section
    3109, chapters 33 and 51, and subchapter III of chapter 53, of
    title 5, the Commission may employ, by contract or otherwise, the
    temporary or intermittent (not more than one year) services of city
    planners, architects, engineers, appraisers, and other experts or
    organizations of experts, as may be necessary to carry out its
    functions. The Commission shall fix the rate of compensation so as
    not to exceed the rate usual for similar services.
      (e) Principal Duties. - The principal duties of the National
    Capital Planning Commission include - 
        (1) preparing, adopting, and amending a comprehensive plan for
      the federal activities in the National Capital and making related
      recommendations to the appropriate developmental agencies; and
        (2) serving as the central planning agency for the Government
      within the National Capital region and reviewing the development
      programs of the developmental agencies to advise as to
      consistency with the comprehensive plan.

      (f) Transfer of Other Functions, Powers, and Duties. - The
    National Capital Planning Commission shall carry out all other
    functions, powers, and duties of the National Capital Park and
    Planning Commission, including those formerly vested in the Highway
    Commission established by the Act of March 2, 1893 (ch. 197, 27
    Stat. 532), and those formerly vested in the National Capital Park
    Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 463).
      (g) Estimate. - The National Capital Planning Commission shall
    submit to the Office of Management and Budget before December 16 of
    each year its estimate of the total amount to be appropriated for
    expenditure under this chapter (except sections 8732-8736) during
    the next fiscal year.
      (h) Fees. - The National Capital Planning Commission may charge
    fees to cover the full cost of Geographic Information System
    products and services the Commission supplies. The fees shall be
    credited to the applicable appropriation account as an offsetting
    collection and remain available until expended.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1217; Pub. L. 109-284,
    Sec. 6(27), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8711(a)        40:71a(a)(1).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(1), (b), (c), (e), as  
                                            added July 19, 1952, ch.    
                                            949, Sec. 1, 66 Stat. 782;  
                                            Sept. 25, 1962, Pub. L.     
                                            87-683, 76 Stat. 575; Dec.  
                                            24, 1973, Pub. L. 93-198,   
                                            title II, Sec. 203(a), (b), 
                                            87 Stat. 779, 782.          
    8711(b)        40:71a(b).                                           
    8711(c),       40:71a(c).                                           
     (d)                                                                
    8711(e)        40:71a(e).                                           
    8711(f)        40:71h.                 June 6, 1924, ch. 270, Sec.  
                                            9, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            790.                        
    8711(g)        40:74.                  June 6, 1924, ch. 270, Sec.  
                                            13, formerly Sec. 4, 43     
                                            Stat. 464; renumbered Sec.  
                                            13, July 19, 1952, ch. 949, 
                                            Sec. 2 (1st sentence), 66   
                                            Stat. 791; Pub. L. 94-273,  
                                            Sec. 21, Apr. 21, 1976, 90  
                                            Stat. 379.                  
    8711(h)        40:71a note.            Pub. L. 105-83, (last        
                                            proviso in par. under       
                                            heading "National Capital   
                                            Planning Commission"), Nov. 
                                            14, 1997, 111 Stat. 1589.   
    --------------------------------------------------------------------

      In this chapter, the word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [subsequently changed to "Commissioner" [meaning the
    Commissioner of the District of Columbia] because of section 401 of
    Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    951)] because of section 421 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 789). The words "Council of the
    District of Columbia" are substituted for "Board of Commissioners
    of the District of Columbia" [subsequently changed to "District of
    Columbia Council" because of section 402(21), (28), (32), and (199)
    of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    952, 953, 963)] because of sections 401 and 404(a) of the Act (87
    Stat. 785, 787).
      In subsection (b)(1)(A), the words "the Chairman of the Committee
    on Governmental Affairs of the Senate, and the Chairman of the
    Committee on Government Reform of the House of Representatives" are
    substituted for "and the chairman of the Committees of the District
    of Columbia of the Senate and the House of Representatives" in
    section 2(b)(1) of the Act of June 24, 1924 (ch. 270), because of
    Rule XXV of the Standing Rules of the Senate, as amended by Senate
    Resolution 4 (popularly cited as the "Committee System
    Reorganization Amendments of 1977"), approved February 4, 1977,
    section 1(b)(1) of the Act of June 3, 1995 (Public Law 104-14, 2:21
    note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th
    Congress, January 6, 1999).
      In subsection (b)(2), the words "bona fide" are omitted as
    unnecessary.
      In subsection (b)(3), the words "except that of the members first
    appointed, the President shall designate one to serve two years and
    one to serve four years" and "The members first appointed under
    this section shall assume their office on January 2, 1975" are
    omitted as obsolete.
      In subsection (b)(4), the words "are entitled to $100 a day when
    performing duties" are substituted for "shall each receive
    compensation at the rate of $100 for each day such member is
    engaged in the actual performance of duties" to eliminate
    unnecessary words.
      In subsection (d), the words "chapters 33 and 51, and subchapter
    III of chapter 53" are substituted for "the civil service and
    classification laws" because of section 7(b) of the Act of
    September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first
    section of which enacted Title 5, United States Code.
      In subsection (e), before clause (1), the words "As hereinafter
    more specifically described in sections 71c to 71g of this title"
    are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as
    obsolete because the National Capital Regional Planning Council was
    abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.
    Sept. 8, 1966, 40:71b note). In clause (2), the words "in such
    capacity" are omitted as unnecessary.
      Subsection (f) is substituted for 40:71h to eliminate obsolete
    language.
      In subsection (g), the words "Said Commission shall report to
    Congress annually on the first Monday of March the lands acquired
    during the preceding fiscal year, the method of acquisition, and
    the cost of each tract" 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 180 of House Document No. 103-7. The words
    "Office of Management and Budget" are substituted for "Bureau of
    the Budget" in section 13 of the Act of June 6, 1924, because the
    Bureau of the Budget was redesignated the Office of Management and
    Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff.
    July 1, 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 97-258, 96 Stat. 1085), the first section of
    which enacted Title 31, United States Code, but the successor
    provision, 31:501, continued the designation as Office of
    Management and Budget.
      In subsection (h), the words "beginning in fiscal year 1998 and
    thereafter" are omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 2, 1893, referred to in subsec. (f), is act Mar. 2,
    1893, ch. 197, 27 Stat. 532, as amended, which is not classified to
    the Code.
      Act of June 6, 1924, referred to in subsec. (f), is act June 6,
    1924, ch. 270, 43 Stat. 463, as amended, which enacted sections 71
    to 71i, 72, 73, and 74 of former Title 40, Public Buildings,
    Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72,
    73, and 74 of former Title 40 were repealed and reenacted as
    sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this
    title by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
    1062, 1304. Section 71b of former Title 40 was repealed by Pub. L.
    107-217. Section 71e of former Title 40 was repealed by Pub. L. 93-
    198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782. For
    complete classification of this Act to the Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-284 inserted "of this title"
    after "sections 5101 and 5102".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-MISC3-
               COMPENSATION OF APPOINTED COMMISSION MEMBERS           
      Pub. L. 108-108, title II, Nov. 10, 2003, 117 Stat. 1301,
    provided in part: "That for fiscal year 2004 and thereafter, all
    appointed members of the Commission will be compensated at a rate
    not to exceed the daily equivalent of the annual rate of pay for
    positions at level IV of the Executive Schedule for each day such
    member is engaged in the actual performance of duties."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-7, div. F, title II, Feb. 20, 2003, 117 Stat. 269.
      Pub. L. 107-63, title II, Nov. 5, 2001, 115 Stat. 464.
      Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 986.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3), [title II], Nov. 29,
    1999, 113 Stat. 1535, 1501A-189.
      Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-285.
      Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1589.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-219.
      Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,
    110 Stat. 1321-195; renumbered title I, Pub. L. 104-140, Sec. 1(a),
    May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2535.
      Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1414.
      Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1414.

-End-

-CITE-
    40 USC Sec. 8712                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
    Sec. 8712. Mayor of the District of Columbia

-STATUTE-
      (a) Planning Responsibilities. - The Mayor of the District of
    Columbia is the central planning agency for the government of the
    District of Columbia in the National Capital and is responsible for
    coordinating the planning activities of the District government and
    for preparing and implementing the District elements of the
    comprehensive plan for the National Capital, which may include land
    use elements, urban renewal and redevelopment elements, a multiyear
    program of public works for the District, and physical, social,
    economic, transportation, and population elements. The Mayor's
    planning responsibility shall not extend to - 
        (1) federal or international projects and developments in the
      District, as determined by the National Capital Planning
      Commission; or
        (2) the United States Capitol Buildings and Grounds as defined
      and described in sections 5101 and 5102 of this title, any
      extension of, or additions to, those Buildings and Grounds, and
      buildings and grounds under the care of the Architect of the
      Capitol.

      (b) Participation and Consultation. - In carrying out the
    responsibilities under this section and section 8721 of this title,
    the Mayor shall establish procedures for citizen participation in
    the planning process and for appropriate meaningful consultation
    with any state or local government or planning agency in the
    National Capital region affected by any aspect of a comprehensive
    plan, including amendments, affecting or relating to the District.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1218; Pub. L. 109-284,
    Sec. 6(28), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8712           40:71a(a)(2).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(2), as added July 19,  
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 782; Pub. L. 93-198,  
                                            title II, Sec. 203(a), Dec. 
                                            24, 1973, 87 Stat. 779.     
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-284 inserted "of this title"
    after "sections 5101 and 5102".

-End-

-CITE-
    40 USC SUBCHAPTER III - PLANNING PROCESS                    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
                     SUBCHAPTER III - PLANNING PROCESS                 

-End-

-CITE-
    40 USC Sec. 8721                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8721. Comprehensive plan for the National Capital

-STATUTE-
      (a) Preparation and Adoption by Commission. - The National
    Capital Planning Commission shall prepare and adopt a
    comprehensive, consistent, and coordinated plan for the National
    Capital. The plan shall include the Commission's recommendations or
    proposals for federal developments or projects in the environs and
    District elements of the comprehensive plan, or amendments to the
    elements, adopted by the Council of the District of Columbia and
    with respect to which the Commission has not determined a negative
    impact exists. Those elements or amendments shall be incorporated
    into the comprehensive plan without change. The Commission may
    include in its plan any part of a plan adopted by any planning
    agency in the environs and may make recommendations of collateral
    interest to the agencies. The Commission may adopt any part of an
    element. The Commission shall review and may amend or extend the
    plan so that its recommendations may be kept up to date.
      (b) Review by District of Columbia. - The Mayor of the District
    of Columbia shall submit each District element of the comprehensive
    plan, and any amendment, to the Council for revision or
    modification, and adoption, by act, following public hearings.
    Following adoption and prior to implementation, the Council shall
    submit each element or amendment to the Commission for review and
    comment with regard to the impact of the element or amendment on
    the interests or functions of the federal establishment in the
    National Capital.
      (c) Commission Response to Council Action. - 
        (1) Period of review. - Within 60 days after receiving an
      element or amendment from the Council, the Commission shall
      certify to the Council whether the element or amendment has a
      negative impact on the interests or functions of the federal
      establishment in the National Capital.
        (2) No negative impact. - If the Commission takes no action in
      the 60-day period, the element or amendment is deemed to have no
      negative impact and shall be incorporated into the comprehensive
      plan for the National Capital and implemented.
        (3) Negative impact. - 
          (A) Certification to council. - If the Commission finds a
        negative impact, it shall certify its findings and
        recommendations to the Council.
          (B) Response of council. - On receipt of the Commission's
        findings and recommendations, the Council may - 
            (i) accept the findings and recommendations and modify the
          element or amendment accordingly; or
            (ii) reject the findings and recommendations and resubmit a
          modified form of the element or amendment to the Commission
          for reconsideration.

          (C) Findings and recommendations accepted. - If the Council
        accepts the findings and recommendations and modifies the
        element or amendment, the Council shall submit the element or
        amendment to the Commission for the Commission to determine
        whether the modification has been made in accordance with the
        Commission's findings and recommendations. If the Commission
        does not act on the modified element or amendment within 30
        days after receiving it, the element or amendment is deemed to
        have been modified in accordance with the findings and
        recommendations and shall be incorporated into the
        comprehensive plan for the National Capital and implemented. If
        within the 30-day period the Commission again determines the
        element or amendment has a negative impact on the functions or
        interests of the federal establishment in the National Capital,
        the element or amendment shall not be implemented.
          (D) Findings and recommendations rejected. - If the Council
        rejects the findings and recommendations and resubmits a
        modified element or amendment, the Commission, within 60 days
        after receiving it, shall decide whether the modified element
        or amendment has a negative impact on the interests or
        functions of the federal establishment within the National
        Capital. If the Commission does not act within the 60-day
        period, the modified element or amendment is deemed to have no
        negative impact and shall be incorporated into the
        comprehensive plan and implemented. If the Commission finds a
        negative impact, it shall certify its findings (in sufficient
        detail that the Council can understand the basis of the
        objection of the Commission) and recommendations to the Council
        and the element or amendment shall not be implemented.

      (d) Resubmission Deemed New Element or Amendment. - Any element
    or amendment which the Commission has determined has a negative
    impact on the federal establishment in the National Capital which
    is submitted again in a modified form not less than one year from
    the day it was last rejected by the Commission is deemed to be a
    new element or amendment for purposes of the review procedure
    specified in this section.
      (e) Review, Hearings, and Citizen Advisory Councils. - 
        (1) Review. - Before the comprehensive plan, any element of the
      plan, or any revision is adopted, the Commission shall present
      the plan, element, or revision to the appropriate federal or
      District of Columbia authorities for comment and recommendations.
      The Commission may present the proposed revisions annually in a
      consolidated form. Recommendations by federal and District of
      Columbia authorities are not binding on the Commission, but the
      Commission shall give careful consideration to any views and
      recommendations submitted prior to final adoption.
        (2) Hearings and citizen advisory councils. - The Commission - 
          (A) may provide periodic opportunity for review and comments
        by nongovernmental agencies or groups through public hearings,
        meetings, or conferences, exhibitions, and publication of its
        plans; and
          (B) in consultation with the Council, may encourage the
        formation of citizen advisory councils.

      (f) Extension of Time Limitations. - On request of the
    Commission, the Council may grant an extension of any time
    limitation contained in this section.
      (g) Publishing Comprehensive Plan. - As appropriate, the
    Commission and the Mayor jointly shall publish a comprehensive plan
    for the National Capital, consisting of the elements of the
    comprehensive plan for the federal activities in the National
    Capital developed by the Commission and the District elements
    developed by the Mayor and the Council in accordance with this
    section.
      (h) Procedures for Consultation. - 
        (1) Commission and mayor. - The Commission and the Mayor
      jointly shall establish procedures for appropriate meaningful
      continuing consultation throughout the planning process for the
      National Capital.
        (2) Government agencies. - In order that the National Capital
      may be developed in accordance with the comprehensive plan, the
      Commission, with the consent of each agency concerned as to its
      representation, may establish advisory and coordinating
      committees composed of representatives of agencies of the Federal
      and District of Columbia Governments as may be necessary or
      helpful to obtain the maximum amount of cooperation and
      correlation of effort among the various agencies. As it considers
      appropriate, the Commission may invite representatives of the
      planning and developmental agencies of the environs to
      participate in the work of the committees.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1219.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8721(a)        40:71c(a), (d).         June 6, 1924, ch. 270, Sec.  
                                            4(a), (d), (e) (1st par.),  
                                            as added July 19, 1952, ch. 
                                            949, Sec. 1, 66 Stat. 785,  
                                            787; Pub. L. 93-198, title  
                                            II Sec. 203(c)(1), (2), Dec.
                                            24, 1973, 87 Stat. 782.     
    8721(b)        40:71a(a)(3).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(3), (4), as added July 
                                            19, 1952, ch. 949, Sec. 1,  
                                            66 Stat. 782; Pub. L.       
                                            93-198, title II, Sec.      
                                            203(a), Dec. 24, 1973, 87   
                                            Stat. 779.                  
    8721(c),       40:71a(a)(4)(A)-(C).                                 
     (d)                                                                
    8721(e)        40:71c(e) (1st                                       
                    par.).                                              
    8721(f)        40:71a(a)(4)(E).                                     
    8721(g)        40:71a(a)(4)(D).                                     
    8721(h)(1)     40:71a(a)(4)(F).                                     
    8721(h)(2)     40:71a(d).              June 6, 1924, ch. 270, Sec.  
                                            2(d), as added July 19,     
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 783.                  
    --------------------------------------------------------------------

      In subsection (a), the text of 40:71c(a) (2d, 3d sentences) and
    reference to the National Capital Regional Planning Council are
    omitted as obsolete because the Council was abolished by section 1
    of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b
    note). The words "from time to time" are omitted as unnecessary.
      In subsection (e)(2), before clause (A), the words "in addition
    and at its discretion" are omitted as unnecessary.
      In subsection (g), the words "from time to time" are omitted as
    unnecessary.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    40 USC Sec. 8722                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8722. Proposed federal and district developments and projects

-STATUTE-
      (a) Agencies To Use Commission as Central Planning Agency. -
    Agencies of the Federal Government responsible for public
    developments and projects shall cooperate and correlate their
    efforts by using the National Capital Planning Commission as the
    central planning agency for federal activities in the National
    Capital region. To aid the Commission in carrying out this
    function, federal and District of Columbia governmental agencies on
    request of the Commission shall furnish plans, data, and records
    the Commission requires. The Commission on request shall furnish
    related plans, data, and records to federal and District of
    Columbia governmental agencies.
      (b) Consultation Between Agencies and Commission. - 
        (1) Before construction plans prepared. - To ensure the
      comprehensive planning and orderly development of the National
      Capital, a federal or District of Columbia agency, before
      preparing construction plans the agency originates for proposed
      developments and projects or before making a commitment to
      acquire land, to be paid for at least in part from federal or
      District amounts, shall advise and consult with the Commission as
      the agency prepares plans and programs in preliminary and
      successive stages that affect the plan and development of the
      National Capital. After receiving the plans, maps, and data, the
      Commission promptly shall make a preliminary report and
      recommendations to the agency. If the agency, after considering
      the report and recommendations of the Commission, does not agree,
      it shall advise the Commission and provide the reasons why it
      does not agree. The Commission then shall submit a final report.
      After consultation and suitable consideration of the views of the
      Commission, the agency may proceed to take action in accordance
      with its legal responsibilities and authority.
        (2) Exceptions. - 
          (A) In general. - Paragraph (1) does not apply to projects
        within the Capitol grounds or to structures erected by the
        Department of Defense during wartime or national emergency
        within existing military, naval, or Air Force reservations,
        except that the appropriate defense agency shall consult with
        the Commission as to any developments which materially affect
        traffic or require coordinated planning of the surrounding
        area.
          (B) Advance decisions of commission. - The Commission shall
        determine in advance the type or kinds of plans, developments,
        projects, improvements, or acquisitions which do not need to be
        submitted for review by the Commission as to conformity with
        its plans.

      (c) Additional Procedure for Developments and Projects Within
    Environs. - 
        (1) Submission to commission. - Within the environs, general
      plans showing the location, character, and extent of, and
      intensity of use for, proposed federal and District developments
      and projects involving the acquisition of land shall be submitted
      to the Commission for report and recommendations before a final
      commitment to the acquisition is made, unless the matter
      specifically has been approved by law.
        (2) Commission action. - Before acting on any general plan, the
      Commission shall advise and consult with the appropriate planning
      agency having jurisdiction over the affected part of the
      environs. When the Commission decides that proposed developments
      or projects submitted to the Commission under subsection (b)
      involve a major change in the character or intensity of an
      existing use in the environs, the Commission shall advise and
      consult with the planning agency. The report and recommendations
      shall be submitted within 60 days and shall be accompanied by any
      reports or recommendations of the planning agency.
        (3) Working with state or local authority or agency. - In
      carrying out its planning functions with respect to federal
      developments or projects in the environs, the Commission may work
      with, and make agreements with, any state or local authority or
      planning agency as the Commission considers necessary to have a
      plan or proposal adopted and carried out.

      (d) Approval of Federal Public Buildings. - The provisions of the
    Act of June 20, 1938 (ch. 534, 52 Stat. 797) shall not apply to
    federal public buildings. In order to ensure the orderly
    development of the National Capital, the location, height, bulk,
    number of stories, and size of federal public buildings in the
    District of Columbia and the provision for open space in and around
    federal public buildings in the District of Columbia are subject to
    the approval of the Commission.
      (e) Approval of District Government Buildings in Central Area. -
    Subsection (d) is extended to include public buildings erected by
    any agency of the Government of the District of Columbia in the
    central area of the District (as defined by concurrent action of
    the Commission and the Council of the District of Columbia), except
    that the Commission shall transmit its approval or disapproval
    within 30 days after the day the proposal was submitted to the
    Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109-284,
    Sec. 6(29), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8722(a)        40:71d(e).              June 6, 1924, ch. 270, Sec.  
                                            5, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            787; Pub. L. 93-198, title  
                                            II, Sec. 203(d), Dec. 24,   
                                            1973, 87 Stat. 782.         
    8722(b)(1)     40:71d(a) (1st                                       
                    sentence words                                      
                    before proviso,                                     
                    2d-last sentences).                                 
    8722(b)(2)(    40:71d(b).                                           
     A)                                                                 
    8722(b)(2)(    40:71d(a) (1st                                       
     B)             sentence proviso).                                  
    8722(c)(       40:71d(d).                                           
     1), (2)                                                            
    8722(c)(3)     40:71c(e) (last         June 6, 1924, ch. 270, Sec.  
                    par.).                  4(e) (last par.), as added  
                                            July 19, 1952, ch. 949, Sec.
                                            1, 66 Stat. 787.            
    8722(d)        (uncodified).           June 20, 1938, ch. 534, Sec. 
                                            16, 52 Stat. 802.           
    8722(e)        40:71d(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "including the acquisition of land"
    are omitted as unnecessary.
      In subsection (b)(1), the words "received and" are omitted as
    unnecessary.
      In subsection (c)(2), reference to the National Capital Regional
    Planning Council is omitted as obsolete because the Council was
    abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.
    Sept. 8, 1966, 40:71b note).
      In subsection (c)(3), the word "work" is substituted for "act in
    conjunction and cooperation" to eliminate unnecessary words.
      In subsection (d), the word "Commission" [meaning the National
    Capital Planning Commission] is substituted for "National Capital
    Park and Planning Commission" because of section 9 of the Act of
    June 6, 1924 (ch. 270), as added by section 1 of the Act of July
    19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the
    revised title.
      In subsection (e), the words "the boundaries of" and "and from
    time to time redefined" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of June 20, 1938, referred to in subsec. (d), is act June
    20, 1938, ch. 534, 52 Stat. 797, as amended. While the Act was not
    classified to the Code, section 16 of the Act was repealed and
    reenacted as subsec. (d) of this section by Pub. L. 107-217, Secs.
    1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and
    Revision Notes above.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-284 substituted "52 Stat. 797"
    for "52 Stat. 802" and "are subject" for "is subject".

-End-

-CITE-
    40 USC Sec. 8723                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8723. Capital improvements

-STATUTE-
      (a) Six-Year Program of Public Works Projects. - The National
    Capital Planning Commission shall recommend a six-year program of
    public works projects for the Federal Government which the
    Commission shall review annually with the agencies concerned. Each
    federal agency shall submit to the Commission in the first quarter
    of each fiscal year a copy of its advance program of capital
    improvements within the National Capital and its environs.
      (b) Submission of Multiyear Capital Improvement Plan. - By
    February 1 of each year, the Mayor of the District of Columbia
    shall submit to the Commission a copy of the multiyear capital
    improvements plan for the District of Columbia that the Mayor
    develops under section 444 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 800). The Commission has 30 days
    in which to comment on the plan but may not change or disapprove of
    the plan.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8723           40:71f.                 June 6, 1924, ch. 270, Sec.  
                                            7, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            789; Pub. L. 93-198, title  
                                            II, Sec. 203(f), Dec. 24,   
                                            1973, 87 Stat. 782.         
    --------------------------------------------------------------------

      In subsection (b), the words "District of Columbia Home Rule Act"
    are substituted for "District of Columbia of Columbia Self-
    Government and Governmental Reorganization Act" because of section
    11717(b) of the Balanced Budget Act of 1997 (Public Law 105-33, 111
    Stat. 786).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 444 of the District of Columbia Home Rule Act, referred
    to in subsec. (b), is section 444 of Pub. L. 93-198, title IV, Dec.
    24, 1973, 87 Stat. 800, as amended, which is not classified to the
    Code.

-End-

-CITE-
    40 USC Sec. 8724                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8724. Zoning regulations and maps

-STATUTE-
      (a) Amendments of Zoning Regulations and Maps. - The National
    Capital Planning Commission may make a report and recommendation to
    the Zoning Commission of the District of Columbia, as provided in
    section 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on
    the relation, conformity, or consistency of proposed amendments of
    the zoning regulations and maps with the comprehensive plan for the
    National Capital. The Planning Commission may also submit to the
    Zoning Commission proposed amendments or general revisions to the
    zoning regulations or the zoning map for the District of Columbia.
      (b) Additional Report by Planning Commission. - When requested by
    an authorized representative of the Planning Commission, the Zoning
    Commission may recess for a reasonable period of time any public
    hearing it is holding to consider a proposed amendment to the
    zoning regulations or map so that the Planning Commission may have
    an opportunity to present to the Zoning Commission an additional
    report on the proposed amendment.
      (c) Zoning Committee of National Capital Planning Commission. - 
        (1) Establishment and composition. - There is a Zoning
      Committee of the National Capital Planning Commission. The
      Committee consists of at least three members of the Planning
      Commission the Planning Commission designates for that purpose.
      The number of members serving on the Committee may vary.
        (2) Duties. - The Committee shall carry out the functions
      vested in the Planning Commission under this section and section
      8725 of this title - 
          (A) to the extent the Planning Commission decides; and
          (B) when requested by the Zoning Commission and approved by
        the Planning Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8724(a)        40:71g(a).              June 6, 1924, ch. 270, Sec.  
                                            8(a)-(c), as added July 19, 
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 790; Pub. L. 93-198,  
                                            title II, Sec. 203(g), Dec. 
                                            24, 1973, 87 Stat. 783.     
    8724(b)        40:71g(b).                                           
    8724(c)        40:71g(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "Act of June 20, 1938" are
    substituted for "Act of March 1, 1920" to correct an error in the
    law.
      In subsection (b), the words "properly", "at its discretion", and
    "or its representative" are omitted as unnecessary.
      In subsection (c)(1), the words "from time to time" are omitted
    as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Act of June 20, 1938, referred to in subsec.
    (a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798,
    which is not classified to the Code.

-End-

-CITE-
    40 USC Sec. 8725                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8725. Recommendations on platting and subdividing land

-STATUTE-
      (a) By Council of the District of Columbia. - The Council of the
    District of Columbia shall submit any proposed change in, or
    addition to, the regulations or general orders regulating the
    platting and subdividing of lands and grounds in the District of
    Columbia to the National Capital Planning Commission for report and
    recommendation before the Council adopts the change or addition.
    The Council shall advise the Commission when it does not agree with
    the recommendations of the Commission and shall give the reasons
    why it disagrees. The Commission then shall submit a final report
    within 30 days. After considering the final report, the Council may
    act in accordance with its legal responsibilities and authority.
      (b) By Planning Commission. - The Commission shall submit to the
    Council any proposed change in, or amendment to, the general orders
    that the Commission considers appropriate. The Council shall treat
    the amendments proposed in the same manner as other proposed
    amendments.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8725           40:71g(d).              June 6, 1924, ch. 270, Sec.  
                                            8(d), as added July 19,     
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 790.                  
    --------------------------------------------------------------------

      In subsection (b), the words "to the Council" are added for
    clarity.

-End-

-CITE-
    40 USC Sec. 8726                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8726. Authorization of appropriations

-STATUTE-
      Amounts necessary to carry out this subchapter may be
    appropriated from money in the Treasury not otherwise appropriated
    and from any appropriate appropriation law, except the annual
    District of Columbia Appropriation Act.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8726           40:71i.                 June 6, 1924, ch. 270, Sec.  
                                            10, as added July 19, 1952, 
                                            ch. 949, Sec. 1, 66 Stat.   
                                            791.                        
    --------------------------------------------------------------------

      The words "any existing provisions of law to the contrary
    notwithstanding" are omitted as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
              SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND          

-End-

-CITE-
    40 USC Sec. 8731                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8731. Acquiring land for park, parkway, or playground purposes

-STATUTE-
      (a) Authority To Acquire Land. - The National Capitol Planning
    Commission shall acquire land the Planning Commission believes is
    necessary and desirable in the District of Columbia and adjacent
    areas in Maryland and Virginia for suitable development of the
    National Capital park, parkway, and playground system. The
    acquisition must be within the limits of the appropriations made
    for those purposes. The Planning Commission shall request the
    advice of the Commission of Fine Arts in selecting land to be
    acquired.
      (b) How Land May Be Acquired. - 
        (1) Purchase or condemnation proceeding. - The National Capital
      Planning Commission may buy land when the land can be acquired at
      a price the Planning Commission considers reasonable or by a
      condemnation proceeding when the land cannot be bought at a
      reasonable price.
        (2) Land in the district of columbia. - A condemnation
      proceeding to acquire land in the District of Columbia shall be
      conducted in accordance with section 1 of the Act of December 23,
      1963 (Public Law 88-241, 77 Stat. 571).
        (3) Land in maryland or virginia. - The Planning Commission may
      acquire land in Maryland or Virginia under arrangements agreed to
      by the Commission and the proper officials of Maryland or
      Virginia.

      (c) Control of Land. - 
        (1) Land in the district of columbia. - Land acquired in the
      District of Columbia shall be a part of the park system of the
      District of Columbia and be under the control of the Director of
      the National Park Service. The National Capital Planning
      Commission may assign areas suitable for playground purposes to
      the control of the Mayor of the District of Columbia for
      playground purposes.
        (2) Land in maryland or virginia. - Land acquired in Maryland
      or Virginia shall be controlled as determined by agreement
      between the Planning Commission and the proper officials of
      Maryland or Virginia.

      (d) Presidential Approval Required. - The designation of all land
    to be acquired by condemnation, all contracts to purchase land, and
    all agreements between the National Capital Planning Commission and
    the officials of Maryland and Virginia are subject to the approval
    of the President.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8731(a)        40:72 (1st, 4th         June 6, 1924, ch. 270, Sec.  
                    sentences).             11, formerly Sec. 2, 43     
                                            Stat. 463; renumbered Sec.  
                                            11, July 19, 1952, ch. 949, 
                                            Sec. 2 (1st sentence), 66   
                                            Stat. 791.                  
    8731(b)        40:72 (2d, 3d                                        
                    sentence).                                          
    8731(c)        40:73 (3d-last          June 6, 1924, ch. 270, Sec.  
                    sentences).             12 (3d-last sentences),     
                                            formerly Sec. 3 (3d-last    
                                            sentences), 43 Stat. 463;   
                                            renumbered Sec. 12, July 19,
                                            1952, ch. 949, Sec. 2 (1st  
                                            sentence), 66 Stat. 791.    
    8731(d)        40:72 (last                                          
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "or a majority thereof" are omitted
    as unnecessary.
      In subsection (b)(2), the words "section 1 of the Act of December
    23, 1963 (Public Law 88-241, 77 Stat. 572)" are substituted for
    40:72 (2d sentence words after "in accordance with") because
    provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26
    Stat. 412), established the act as permanent and general. The act
    therefore was classified to 40:120, which was superseded by the Act
    of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to
    40:361 et seq. That law was repealed by section 21(b) of the Act of
    December 23, 1963 (Public Law 88-241, 77 Stat. 627), with the
    subject matter of those sections being restated in section 1 of
    that Act.
      In subsection (b)(3), the words "either by purchase or
    condemnation proceedings" and "as to acquisition and payment for
    the lands as it shall determine upon" are omitted as unnecessary.
      In subsection (c)(1), the words "Director of the National Park
    Service" are substituted for "Chief of Engineers of the United
    States Army" [subsequently changed to "Director of Public Buildings
    and Public Parks" by section 3 of the Act of February 26, 1925 (ch.
    339, 43 Stat. 983)] because of section 1(words before 3d comma in
    2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48
    Stat. 389).
      In subsection (c)(2), the words "in Maryland or Virginia" are
    substituted for "outside the District of Columbia" for clarity and
    for consistency in this section. The words "such agreements to be
    subject to the approval of the President" are omitted because of
    40:72 (last sentence), restated as subsection (d).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1 of the Act of December 23, 1963, referred to in subsec.
    (b)(2), is section 1 of Pub. L. 88-241, Dec. 23, 1963, 77 Stat.
    478, which enacted general and permanent laws relating to judiciary
    and judicial procedure in the District of Columbia, and which is
    not classified to the Code.

-End-

-CITE-
    40 USC Sec. 8732                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8732. Acquiring land subject to limited rights reserved to
      grantor and limited permanent rights in land adjoining park
      property

-STATUTE-
      (a) In General. - The National Capital Planning Commission in
    accordance with this chapter may acquire, for and on behalf of the
    Federal Government, by gift, devise, purchase, or condemnation - 
        (1) fee title to land subject to limited rights, but not for
      business purposes, reserved to the grantor; and
        (2) permanent rights in land adjoining park property sufficient
      to prevent the use of the land in certain specified ways which
      would essentially impair the value of the park property for its
      purposes.

      (b) Prerequisites to Acquisition. - 
        (1) Fee title to land subject to limited rights. - The
      reservation of rights to the grantor shall not continue beyond
      the life of the grantor of the fee. The Commission must decide
      that the permanent public park purposes for which control over
      the land is needed are not essentially impaired by the reserved
      rights and that there is a substantial saving in cost by
      acquiring the land subject to the limited rights as compared with
      the cost of acquiring unencumbered title to the land.
        (2) Permanent rights in land adjoining park property. - The
      Commission must decide that the protection and maintenance of the
      essential public values of the park can be secured more
      economically by acquiring the permanent rights than by acquiring
      the land.

      (c) Presidential Approval Required. - All contracts to acquire
    land or rights under this section are subject to the approval of
    the President.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8732(a)        40:72a (1st par.,       Dec. 22, 1928, ch. 48, Sec.  
                    last par. less          1, 45 Stat. 1070.           
                    provisos).                                          
    8732(b)        40:72a (last par.                                    
                    1st-3d provisos).                                   
    8732(c)        40:72a (last par.                                    
                    last proviso).                                      
    --------------------------------------------------------------------

      In subsection (a), the text of 40:72a (1st par.) is omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8733                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8733. Lease of land acquired for park, parkway, or playground
      purposes

-STATUTE-
      The Secretary of the Interior may lease, for not more than five
    years, land or an existing building or structure on land acquired
    for park, parkway, or playground purposes, and may renew the lease
    for an additional five years. A lease or renewal under this section
    is - 
        (1) subject to the approval of the National Capital Planning
      Commission;
        (2) subject to the need for the immediate use of the land,
      building, or structure in other ways by the public; and
        (3) on terms the Administrator decides.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8733           40:72b.                 Dec. 22, 1928, ch. 48, Sec.  
                                            2, 45 Stat. 1070.           
    --------------------------------------------------------------------

      The words "Administrator of General Services" are substituted for
    "Director of Public Buildings and Public Parks of the National
    Capital" [subsequently changed to "Director of the National Park
    Service" because of section 2 of Executive Order No. 6166 (eff.
    June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389),
    and "Public Buildings Administrator" because of sections 301 and
    303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53
    Stat. 1426, 1427)] because of 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. The words "National Capital Planning Commission" are
    substituted for "National Capital Park and Planning Commission"
    because of section 9 of the Act of June 6, 1924 (ch. 270), as added
    by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790).
    See section 8711(f) of the revised title.

-End-

-CITE-
    40 USC Sec. 8734                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8734. Sale of land by Mayor

-STATUTE-
      (a) Authority To Sell. - With the approval of the National
    Capital Planning Commission, the Mayor of the District of Columbia,
    for the best interests of the District of Columbia, may sell to the
    highest bidder at public or private sale real estate in the
    District of Columbia owned in fee simple by the District of
    Columbia for municipal use that the Council of the District of
    Columbia and the Commission find to be no longer required for
    public purposes.
      (b) Paying Expenses and Depositing Proceeds. - The Mayor - 
        (1) may pay the reasonable and necessary expenses of the sale
      of each parcel of land sold; and
        (2) shall deposit the net proceeds of each sale in the Treasury
      to the credit of the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8734(a)        40:72c.                 Aug. 5, 1939, ch. 449, Secs. 
                                            1, 2, 53 Stat. 1211.        
    8734(b)        40:72d.                                              
    --------------------------------------------------------------------

      In subsection (a), the words "in his discretion", "and convey, in
    whole or in part", and "now or hereafter" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8735                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8735. Sale of land by Secretary of the Interior

-STATUTE-
      (a) Authority To Sell. - With the approval of the National
    Capital Planning Commission, the Secretary of the Interior, for the
    best interests of the Federal Government, may sell, by deed or
    instrument, real estate held by the Government in the District of
    Columbia and under the jurisdiction of the National Park Service
    which may be no longer needed for public purposes. The land may be
    sold for cash or on a deferred-payment plan the Secretary approves,
    at a price not less than the Government paid for it and not less
    than its present appraised value as determined by the Secretary.
      (b) Sale to Highest Bidder. - In selling any parcel of land under
    this section, the Secretary shall have public or private
    solicitation for bids or offers be made as the Secretary considers
    appropriate. The Secretary shall sell the parcel to the party
    agreeing to pay the highest price if the price is otherwise
    satisfactory. If the price offered or bid by the owner of land
    abutting the land to be sold equals the highest price offered or
    bid by any other party, the parcel may be sold to the owner of the
    abutting land.
      (c) Paying Expenses and Depositing Proceeds. - The Secretary - 
        (1) may pay the reasonable and necessary expenses of the sale
      of each parcel of land sold; and
        (2) shall deposit the net proceeds of each sale in the Treasury
      to the credit of the Government and the District of Columbia in
      the proportion that each - 
          (A) paid the appropriations used to acquire the parcels; or
          (B) was obligated to pay the appropriations, at the time of
        acquisition, by reimbursement.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8735(a)        40:74a.                 Aug. 5, 1939, ch. 449, Secs. 
                                            4-6, 53 Stat. 1211.         
    8735(b)        40:74b.                                              
    8735(c)        40:74c.                                              
    --------------------------------------------------------------------

      In subsection (a), the words "in his discretion", "and convey, in
    whole or in part", and "proper" are omitted as unnecessary.
      In subsection (b), reference to sections 72c to 72e is omitted as
    unnecessary because the Secretary of the Interior does not have
    authority to sell land under those sections.

-End-

-CITE-
    40 USC Sec. 8736                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8736. Execution of deeds

-STATUTE-
      The Mayor of the District of Columbia may execute deeds of
    conveyance for real estate sold under this subchapter. The deeds
    shall contain a full description of the land sold as required by
    law.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8736           40:72e.                 Aug. 5, 1939, ch. 449, Sec.  
                                            3, 53 Stat. 1211.           
    --------------------------------------------------------------------

      The word "proper" is omitted as unnecessary. The words "as
    required by" are substituted for "either by metes and bounds, or
    otherwise according to" to eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 8737                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8737. Authorization of appropriations

-STATUTE-
      An amount equal to not more than one cent for each inhabitant of
    the continental United States as determined by the last preceding
    decennial census may be appropriated each year in the District of
    Columbia Appropriation Act for the National Capital Planning
    Commission to use for the payment of its expenses and for the
    acquisition of land the Commission may acquire under section 8731
    of this title for the purposes named, including compensation for
    the land, surveys, ascertainment of title, condemnation
    proceedings, and necessary conveyancing. The appropriated amounts
    shall be paid from the revenues of the District of Columbia and the
    general amounts of the Treasury in the same proportion as other
    expenses of the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8737           40:73 (1st, 2d          June 6, 1924, ch. 270, Sec.  
                    sentences).             12 (1st, 2d sentences),     
                                            formerly Sec. 3 (1st, 2d    
                                            sentences), 43 Stat. 463;   
                                            renumbered Sec. 12, July 19,
                                            1952, ch. 949, Sec. 2 (1st  
                                            sentence), 66 Stat. 791.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND
           COMMEMORATIVE WORKS                             01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
      CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS  

-MISC1-
    Sec.                                                     
    8901.       Purposes.                                             
    8902.       Definitions and nonapplication.                       
    8903.       Congressional authorization of commemorative works.   
    8904.       National Capital Memorial Commission.(!1)              
    8905.       Site and design approval.                             
    8906.       Criteria for issuance of construction permit.         
    8907.       Temporary site designation.                           
    8908.       Areas I and II.                                       
    8909.       Administrative.                                       

-FOOTNOTE-
    (!1) Section catchline amended by Pub. L. 108-126 without
         corresponding amendment of analysis.

-End-

-CITE-
    40 USC Sec. 8901                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8901. Purposes

-STATUTE-
      The purposes of this chapter are - 
        (1) to preserve the integrity of the comprehensive design of
      the L'Enfant and McMillan plans for the Nation's Capital;
        (2) to ensure the continued public use and enjoyment of open
      space in the District of Columbia and its environs, and to
      encourage the location of commemorative works within the urban
      fabric of the District of Columbia;
        (3) to preserve, protect and maintain the limited amount of
      open space available to residents of, and visitors to, the
      Nation's Capital; and
        (4) to ensure that future commemorative works in areas
      administered by the National Park Service and the Administrator
      of General Services in the District of Columbia and its environs -
       
          (A) are appropriately designed, constructed, and located; and
          (B) reflect a consensus of the lasting national significance
        of the subjects involved.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108-126,
    title II, Sec. 203(a), Nov. 17, 2003, 117 Stat. 1349.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8901           40:1001.                Pub. L. 99-652, Sec. 1, Nov. 
                                            14, 1986, 100 Stat. 3650.   
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2003 - Par. (2). Pub. L. 108-126 substituted "Columbia and its
    environs, and to encourage the location of commemorative works
    within the urban fabric of the District of Columbia;" for
    "Columbia;".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-126, title II, Sec. 205, Nov. 17, 2003, 117 Stat.
    1353, provided that: "Except for the provision in the amendment
    made by section 202(b) [amending section 8908 of this title]
    prohibiting a visitor center from being located in the Reserve (as
    defined in section 8902 of title 40, United States Code), nothing
    in this title [see Short Title of 2003 Amendment note set out under
    section 101 of this title] shall apply to a commemorative work for
    which a site was approved in accordance with chapter 89 of title
    40, United States Code, prior to the date of enactment of this
    title [Nov. 17, 2003]."

                                 FINDINGS                             
      Pub. L. 108-126, title II, Sec. 202(a), Nov. 17, 2003, 117 Stat.
    1349, provided that: "Congress finds that - 
        "(1) the great cross-axis of the Mall in the District of
      Columbia, which generally extends from the United States Capitol
      to the Lincoln Memorial, and from the White House to the
      Jefferson Memorial, is a substantially completed work of civic
      art; and
        "(2) to preserve the integrity of the Mall, a reserve area
      should be designated within the core of the great cross-axis of
      the Mall where the siting of new commemorative works is
      prohibited."

-End-

-CITE-
    40 USC Sec. 8902                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8902. Definitions and nonapplication

-STATUTE-
      (a) Definitions. - In this chapter:
        (1) Commemorative work. - The term "commemorative work" means
      any statue, monument, sculpture, memorial, plaque, inscription,
      or other structure or landscape feature, including a garden or
      memorial grove, designed to perpetuate in a permanent manner the
      memory of an individual, group, event or other significant
      element of American history, except that the term does not
      include any such item which is located within the interior of a
      structure or a structure which is primarily used for other
      purposes.
        (2) The district of columbia and its environs. - The term "the
      District of Columbia and its environs" means those lands and
      properties administered by the National Park Service and the
      General Services Administration located in the Reserve, Area I,
      and Area II as depicted on the map entitled "Commemorative Areas
      Washington, DC and Environs", numbered 869/86501 B, and dated
      June 24, 2003.
        (3) Reserve. - The term "Reserve" means the great cross-axis of
      the Mall, which generally extends from the United States Capitol
      to the Lincoln Memorial, and from the White House to the
      Jefferson Memorial, as depicted on the map referenced in
      paragraph (2).
        (4) Sponsor. - The term "sponsor" means a public agency, or an
      individual, group or organization that is described in section
      501(c)(3) of the Internal Revenue Code of 1986 and exempt from
      tax under section 501(a) of such Code, and which is authorized by
      Congress to establish a commemorative work in the District of
      Columbia and its environs.

      (b) Nonapplication. - This chapter does not apply to
    commemorative works authorized by a law enacted before January 3,
    1985.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108-126,
    title II, Sec. 203(b), Nov. 17, 2003, 117 Stat. 1350.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8902(a)        40:1002.                Pub. L. 99-652, Sec. 2, Nov. 
                                            14, 1986, 100 Stat. 3650;   
                                            Pub. L. 103-321, Sec. 2(a), 
                                            Aug. 26, 1994, 108 Stat.    
                                            1793.                       
    8902(b)        40:1010(e).             Pub. L. 99-652, Sec. 10(e),  
                                            Nov. 14, 1986, 100 Stat.    
                                            3654.                       
    --------------------------------------------------------------------

      In subsection (a), the text of 40:1002(a) and (b) is omitted as
    unnecessary because the complete names of the Secretary of the
    Interior and the Administrator of General Services are used the
    first time the terms appear in a section.
      In subsection (a)(3), the words "notwithstanding any other
    provision of law" are omitted as unnecessary. The words
    "Administrator of General Services" are substituted for "General
    Services Administration" because of section 101(b) of the Federal
    Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.
    379), which is restated as section 302(a) of the revised title.
      In subsection (b), the words "January 3, 1985" are substituted
    for "the commencement of the Ninety-ninth Congress" for clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 501 of the Internal Revenue Code of 1986, referred to in
    subsec. (a)(4), is classified to section 501 of Title 26, Internal
    Revenue Code.

-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-126 added subsec. (a) and struck
    out heading and text of former subsec. (a). Text read as follows:
    "In this chapter, the following definitions apply:
        "(1) Commemorative work. - The term 'commemorative work' - 
          "(A) means any statue, monument, sculpture, memorial, plaque,
        inscription, or other structure or landscape feature, including
        a garden or memorial grove, designed to perpetuate in a
        permanent manner the memory of an individual, group, event or
        other significant element of American history; but
          "(B) does not include an item described in subclause (A) that
        is located within the interior of a structure or a structure
        which is primarily used for other purposes.
        "(2) Person. - The term 'person' means - 
          "(A) a public agency; and
          "(B) an individual, group or organization - 
            "(i) described in section 501(c)(3) of the Internal Revenue
          Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under
          section 501(a) of the Code (26 U.S.C. 501(a)); and
            "(ii) authorized by Congress to establish a commemorative
          work in the District of Columbia and its environs.
        "(3) The district of columbia and its environs. - The term 'the
      District of Columbia and its environs' means land and property
      located in Areas I and II as depicted on the map numbered
      869/86581, and dated May 1, 1986, that the National Park Service
      and the Administrator of General Services administer."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126 not applicable to a commemorative
    work for which a site was approved in accordance with this chapter
    prior to Nov. 17, 2003, see section 205 of Pub. L. 108-126, set out
    as a note under section 8901 of this title.

-End-

-CITE-
    40 USC Sec. 8903                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8903. Congressional authorization of commemorative works

-STATUTE-
      (a) In General. - Commemorative works - 
        (1) may be established on federal lands referred to in section
      8901(4) of this title only as specifically authorized by law; and
        (2) are subject to applicable provisions of this chapter.

      (b) Military Commemorative Works. - A military commemorative work
    may be authorized only to commemorate a war or similar major
    military conflict or a branch of the armed forces. A commemorative
    work solely commemorating a limited military engagement or a unit
    of an armed force may not be authorized. Commemorative works to a
    war or similar major military conflict may not be authorized until
    at least 10 years after the officially designated end of such war
    or conflict.
      (c) Works Commemorating Events, Individuals, or Groups. - A
    commemorative work commemorating an event, individual, or group of
    individuals, except a military commemorative work as described in
    subsection (b), may not be authorized until after the 25th
    anniversary of the event, death of the individual, or death of the
    last surviving member of the group.
      (d) Consultation with National Capital Memorial Advisory
    Commission. - In considering legislation authorizing commemorative
    works in the District of Columbia and its environs, the Committee
    on Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate shall solicit the views
    of the National Capital Memorial Advisory Commission.
      (e) Expiration of Legislative Authority. - Any legislative
    authority for a commemorative work shall expire at the end of the
    seven-year period beginning on the date of the enactment of such
    authority, or at the end of the seven-year period beginning on the
    date of the enactment of legislative authority to locate the
    commemorative work within Area I, if such additional authority has
    been granted, unless - 
        (1) the Secretary of the Interior or the Administrator of
      General Services (as appropriate) has issued a construction
      permit for the commemorative work during that period; or
        (2) the Secretary or the Administrator (as appropriate), in
      consultation with the National Capital Memorial Advisory
      Commission, has made a determination that - 
          (A) final design approvals have been obtained from the
        National Capital Planning Commission and the Commission of Fine
        Arts; and
          (B) 75 percent of the amount estimated to be required to
        complete the commemorative work has been raised.

    If these two conditions have been met, the Secretary or the
    Administrator (as appropriate) may extend the seven-year
    legislative authority for a period not to exceed three additional
    years. Upon expiration of the legislative authority, any previous
    site and design approvals shall also expire.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1228; Pub. L. 108-126,
    title II, Sec. 203(c), Nov. 17, 2003, 117 Stat. 1350.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8903(a)        40:1003(a).             Pub. L. 99-652, Sec. 3, Nov. 
                                            14, 1986, 100 Stat. 3651;   
                                            Pub. L. 100-202, Sec. 101(f)
                                            [title II, Sec. 3], Dec. 22,
                                            1987, 101 Stat. 1329-196;   
                                            Pub. L. 100-230, Sec. 3,    
                                            Jan. 5, 1988, 101 Stat.     
                                            1564; Pub. L. 103-321, Sec. 
                                            2(b), Aug. 26, 1994, 108    
                                            Stat. 1793; Pub. L 104-186, 
                                            title II, Sec. 221(18), Aug.
                                            20, 1996, 110 Stat. 1750.   
    8903(b)        40:1003(b).                                          
    8903(c)        40:1003(c).                                          
    8903(d)        40:1003(d).                                          
    8903(e)        40:1010(b).             Pub. L. 99-652, Sec. 10(b),  
                                            Nov. 14, 1986, 100 Stat.    
                                            3654; Pub. L. 102-216, Sec. 
                                            1, Dec. 11, 1991, 105 Stat. 
                                            1666.                       
    --------------------------------------------------------------------

      In subsection (a)(1), the words "in the District of Columbia and
    its environs" are omitted as unnecessary.
      In subsection (d), the words "House Administration" are
    substituted for "House Oversight" because the name of the Committee
    was changed in the 106th Congress. See Rule X(1)(i) of the Rules of
    the House of Representatives.

                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-126, Sec. 203(c)(1), substituted
    "work solely commemorating a limited military engagement" for "work
    commemorating a lesser conflict" and "such war or conflict" for
    "the event".
      Subsec. (d). Pub. L. 108-126, Sec. 203(c)(2), substituted
    "Memorial Advisory Commission" for "Memorial Commission" in
    heading, and in text substituted "Resources" for "House
    Administration" and inserted "Advisory" before "Commission".
      Subsec. (e). Pub. L. 108-126, Sec. 203(c)(3), added subsec. (e)
    and struck out heading and text of former subsec. (e). Text read as
    follows: "Legislative authority for a commemorative work expires at
    the end of the seven-year period beginning on the date the
    authority is enacted unless the Secretary of the Interior or
    Administrator of General Services, as appropriate, has issued a
    construction permit for the commemorative work during that period."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126 not applicable to a commemorative
    work for which a site was approved in accordance with this chapter
    prior to Nov. 17, 2003, see section 205 of Pub. L. 108-126, set out
    as a note under section 8901 of this title.

                            COMMEMORATIVE WORKS                        
    --------------------------------------------------------------------
      Adams Memorial. - Pub. L. 107-62, Nov. 5, 2001, 115 Stat. 411;     
       Pub. L. 107-315, Dec. 2, 2002, 116 Stat. 2763; Pub. L. 108-7, div.
       F, title I, Sec. 142, Feb. 20, 2003, 117 Stat. 244.               
      African-Americans Civil War Union Memorial. - Pub. L. 102-412,     
       Oct. 14, 1992, 106 Stat. 2104.                                    
      Air Force Memorial. - Pub. L. 103-163, Dec. 2, 1993, 107 Stat.     
       1973; Pub. L. 106-302, Oct. 13, 2000, 114 Stat. 1062; Pub. L.     
       107-107, div. B, title XXVIII, Sec. 2863(a)-(e), Dec. 28, 2001,   
       115 Stat. 1330-1332.                                              
      American Armored Force Memorial. - Pub. L. 99-620, Nov. 6, 1986,   
       100 Stat. 3493.                                                   
      Benjamin Banneker Memorial. - Pub. L. 105-355, title V, Sec. 512,  
       Nov. 6, 1998, 112 Stat. 3266.                                     
      Black Revolutionary War Patriots Memorial. - Pub. L. 99-500, Sec.  
       101(h) [title I, Sec. 118], Oct. 18, 1986, 100 Stat. 1783-242,    
       1783-266, and Pub. L. 99-591, Sec. 101(h) [title I, Sec. 118],    
       Oct. 30, 1986, 100 Stat. 3341-242, 3341-266; Pub. L. 99-558, Oct. 
       27, 1986, 100 Stat. 3144; Pub. L. 99-590, title VIII, Secs. 801,  
       802, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 100-265, Mar. 25,     
       1988, 102 Stat. 39; Pub. L. 103-321, Sec. 1(a)(1), Aug. 26, 1994, 
       108 Stat. 1793; Pub. L. 104-333, div. I, title V, Sec. 506, Nov.  
       12, 1996, 110 Stat. 4155; Pub. L. 105-345, Sec. 1, Nov. 2, 1998,  
       112 Stat. 3205; Pub. L. 106-442, Nov. 6, 2000, 114 Stat. 1926.    
      Disabled Veterans' LIFE Memorial. - Pub. L. 106-348, Oct. 24,      
       2000, 114 Stat. 1358; Pub. L. 109-396, title II, Sec. 201, Dec.   
       15, 2006, 120 Stat. 2713.                                         
      Dwight D. Eisenhower Memorial. - Pub. L. 106-79, title VIII, Sec.  
       8162, Oct. 25, 1999, 113 Stat. 1274; Pub. L. 107-117, div. A,     
       title VIII, Sec. 8120(a), (b), Jan. 10, 2002, 115 Stat. 2273,     
       2274; Pub. L. 109-220, May 5, 2006, 120 Stat. 335.                
      Francis Scott Key Memorial. - Pub. L. 99-531, Oct. 27, 1986, 100   
       Stat. 3022.                                                       
      Frederick Douglass Memorial and Gardens. - Pub. L. 106-479, Nov.   
       9, 2000, 114 Stat. 2184.                                          
      George Mason Memorial. - Pub. L. 101-358, Aug. 10, 1990, 104 Stat. 
       419; Pub. L. 102-277, Apr. 28, 1992, 106 Stat. 127; Pub. L.       
       105-182, Sec. 1, June 19, 1998, 112 Stat. 516.                    
      Japanese American Patriotism in World War II Memorial. - Pub. L.   
       102-502, Oct. 24, 1992, 106 Stat. 3273; Pub. L. 104-333, div. I,  
       title V, Sec. 514, Nov. 12, 1996, 110 Stat. 4165.                 
      Korean War Veterans Memorial. - Pub. L. 99-572, Oct. 28, 1986, 100 
       Stat. 3226; Pub. L. 100-202, Sec. 101(f) [title II, Secs. 1, 2],  
       Dec. 22, 1987, 101 Stat. 1329-195, 1329-196; Pub. L. 100-230,     
       Secs. 1, 2, Jan. 5, 1988, 101 Stat. 1563; Pub. L. 100-267, Mar.   
       28, 1988, 102 Stat. 41; Pub. L. 105-262, title VIII, Sec. 8122,   
       Oct. 17, 1998, 112 Stat. 2332.                                    
      Lincoln Memorial, "I Have a Dream Speech" Commemorative Plaque. -  
       Pub. L. 106-365, Oct. 27, 2000, 114 Stat. 1409; Pub. L. 108-352,  
       Sec. 4, Oct. 21, 2004, 118 Stat. 1395.                            
      Mahatma Gandhi Memorial. - Pub. L. 105-284, Sec. 1, Oct. 26, 1998, 
       112 Stat. 2701.                                                   
      Martin Luther King, Jr. Memorial. - Pub. L. 104-333, div. I, title 
       V, Sec. 508, Nov. 12, 1996, 110 Stat. 4157; Pub. L. 105-201, Sec. 
       1, July 16, 1998, 112 Stat. 675; Pub. L. 106-176, title I, Sec.   
       108, Mar. 10, 2000, 114 Stat. 26; Pub. L. 108-125, Sec. 1, Nov.   
       11, 2003, 117 Stat. 1347; Pub. L. 109-54, title I, Sec. 134(c),   
       Aug. 2, 2005, 119 Stat. 527.                                      
      National Peace Garden. - Pub. L. 100-63, June 30, 1987, 101 Stat.  
       379; Pub. L. 103-321, Sec. 1(a)(3), (b), Aug. 26, 1994, 108 Stat. 
       1793; Pub. L. 105-202, July 16, 1998, 112 Stat. 676.              
      Thomas Paine Memorial. - Pub. L. 102-407, Oct. 13, 1992, 106 Stat. 
       1991; Pub. L. 102-459, Oct. 23, 1992, 106 Stat. 2268; Pub. L.     
       103-422, Oct. 25, 1994, 108 Stat. 4356; Pub. L. 106-113, div. B,  
       Sec. 1000(a)(3) [title I, Sec. 142], Nov. 29, 1999, 113 Stat.     
       1535, 1501A-171.                                                  
      Tomas G. Masaryk Memorial. - Pub. L. 107-61, Nov. 5, 2001, 115     
       Stat. 410.                                                        
      Ukrainian Famine-Genocide Victims Memorial. - Pub. L. 109-340,     
       Oct. 13, 2006, 120 Stat. 1864.                                    
      Victims of Communism Memorial. - Pub. L. 103-199, title IX, Sec.   
       905, Dec. 17, 1993, 107 Stat. 2331; Pub. L. 105-277, div. A, Sec. 
       101(e) [title III, Sec. 326], Oct. 21, 1998, 112 Stat. 2681-231,  
       2681-291.                                                         
      Vietnam Women's Memorial. - Pub. L. 100-660, Nov. 15, 1988, 102    
       Stat. 3922; Pub. L. 101-187, Nov. 28, 1989, 103 Stat. 1350.       
      Women in Military Service for America Memorial. - Pub. L. 99-500,  
       Sec. 101(h) [title I, Sec. 117], Oct. 18, 1986, 100 Stat.         
       1783-242, 1783-266, and Pub. L. 99-591, Sec. 101(h) [title I, Sec.
       117], Oct. 30, 1986, 100 Stat. 3341-242, 3341-266; Pub. L. 99-590,
       title IX, Secs. 901, 902, Oct. 30, 1986, 100 Stat. 3339; Pub. L.  
       99-610, Nov. 6, 1986, 100 Stat. 3477; Pub. L. 103-321, Sec.       
       1(a)(2), Aug. 26, 1994, 108 Stat. 1793; Pub. L. 103-337, div. B,  
       title XXVIII, Sec. 2855, Oct. 5, 1994, 108 Stat. 3073.            
      World War II Memorial. - Pub. L. 103-32, May 25, 1993, 107 Stat.   
       90; Pub. L. 103-422, Oct. 25, 1994, 108 Stat. 4356; Pub. L.       
       106-58, title VI, Sec. 652, Sept. 29, 1999, 113 Stat. 480; Pub. L.
       106-117, title VI, Sec. 601(b), Nov. 30, 1999, 113 Stat. 1578;    
       Pub. L. 107-11, May 28, 2001, 115 Stat. 19.                       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 8904                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8904. National Capital Memorial Advisory Commission

-STATUTE-
      (a) Establishment and Composition. - There is established the
    National Capital Memorial Advisory Commission, which shall be
    composed of - 
        (1) the Director of the National Park Service;
        (2) the Architect of the Capitol;
        (3) the Chairman of the American Battle Monuments Commission;
        (4) the Chairman of the Commission of Fine Arts;
        (5) the Chairman of the National Capital Planning Commission;
        (6) the Mayor of the District of Columbia;
        (7) the Commissioner of the Public Buildings Service of the
      General Services Administration; and
        (8) the Secretary of Defense.

      (b) Chairman. - The Director is the Chairman of the National
    Capital Memorial Commission.
      (c) Advisory Role. - The National Capital Memorial Advisory
    Commission shall advise the Secretary of the Interior and the
    Administrator of General Services (as appropriate) on policy and
    procedures for establishment of, and proposals to establish,
    commemorative works in the District of Columbia and its environs
    and on other matters concerning commemorative works in the Nation's
    Capital as the Commission considers appropriate.
      (d) Meetings. - The National Capital Memorial Advisory Commission
    shall meet at least twice annually.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108-126,
    title II, Sec. 203(d), Nov. 17, 2003, 117 Stat. 1351.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8904(a),       40:1004(a).             Pub. L. 99-652, Sec. 4, Nov. 
     (b)                                    14, 1986, 100 Stat. 3651.   
    8904(c)        40:1004(b) (1st                                      
                    sentence).                                          
    8904(d)        40:1004(b) (last                                     
                    sentence).                                          
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2003 - Pub. L. 108-126, Sec. 203(d)(1), inserted "Advisory"
    before "Commission" in section catchline.
      Subsec. (a). Pub. L. 108-126, Sec. 203(d)(2), substituted "There
    is established the National Capital Memorial Advisory Commission,
    which shall be composed of" for "There is a National Capital
    Memorial Commission. The membership of the Commission consists of"
    in introductory provisions.
      Subsec. (c). Pub. L. 108-126, Sec. 203(d)(3), inserted "Advisory"
    before "Commission shall" and substituted "Services (as
    appropriate)" for "Services".
      Subsec. (d). Pub. L. 108-126, Sec. 203(d)(4), inserted "Advisory"
    before "Commission".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126 not applicable to a commemorative
    work for which a site was approved in accordance with this chapter
    prior to Nov. 17, 2003, see section 205 of Pub. L. 108-126, set out
    as a note under section 8901 of this title.

                    TERMINATION OF ADVISORY COMMISSIONS                
      Advisory commissions 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 commission
    established by the President or an officer of the Federal
    Government, such commission is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    commission established by the Congress, its duration is otherwise
    provided for by law. See sections 3(2) and 14 of Pub. L. 92-463,
    Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
    5, Government Organization and Employees.

-End-

-CITE-
    40 USC Sec. 8905                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8905. Site and design approval

-STATUTE-
      (a) Consultation on, and Submission of, Proposals. - A sponsor
    authorized by law to establish a commemorative work in the District
    of Columbia and its environs may request a permit for construction
    of the commemorative work only after the following requirements are
    met:
        (1) Consultation. - The sponsor must consult with the National
      Capital Memorial Advisory Commission regarding the selection of
      alternative sites and design concepts for the commemorative work.
        (2) Submittal. - Following consultation in accordance with
      clause (1), the Secretary of the Interior or the Administrator of
      General Services, as appropriate, must submit, on behalf of the
      sponsor, site and design proposals to the Commission of Fine Arts
      and the National Capital Planning Commission for their approval.

      (b) Decision Criteria. - In considering site and design
    proposals, the Commission of Fine Arts, National Capital Planning
    Commission, and the Secretary or Administrator (as appropriate)
    shall be guided by, but not limited by, the following criteria:
        (1) Surroundings. - To the maximum extent possible, a
      commemorative work shall be located in surroundings that are
      relevant to the subject of the work.
        (2) Location. - A commemorative work shall be located so that -
      
          (A) it does not interfere with, or encroach on, an existing
        commemorative work; and
          (B) to the maximum extent practicable, it protects open
        space, existing public use, and cultural and natural resources.

        (3) Material. - A commemorative work shall be constructed of
      durable material suitable to the outdoor environment.
        (4) Landscape features. - Landscape features of commemorative
      works shall be compatible with the climate.
        (5) Museums. - No commemorative work primarily designed as a
      museum may be located on lands under the jurisdiction of the
      Secretary in Area I or in East Potomac Park as depicted on the
      map referenced in section 8902(2).(!1)

        (6) Site-specific guidelines. - The National Capital Planning
      Commission and the Commission of Fine Arts may develop such
      criteria or guidelines specific to each site that are mutually
      agreed upon to ensure that the design of the commemorative work
      carries out the purposes of this chapter.
        (7) Donor contributions. - Donor contributions to commemorative
      works shall not be acknowledged in any manner as part of the
      commemorative work or its site.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108-126,
    title II, Secs. 203(e), 204, Nov. 17, 2003, 117 Stat. 1351, 1352.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8905(a)        40:1007(a).             Pub. L. 99-652, Sec. 7, Nov. 
                                            14, 1986, 100 Stat. 3652;   
                                            Pub. L. 103-321, Sec. 2(d), 
                                            Aug. 26, 1994, 108 Stat.    
                                            1794.                       
    8905(b)        40:1007(b).                                          
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-126, Sec. 203(e)(1)(A),
    substituted "sponsor" for "person" wherever appearing.
      Subsec. (a)(1). Pub. L. 108-126, Sec. 203(e)(1)(B), inserted
    "Advisory" before "Commission" and substituted "design concepts"
    for "designs".
      Subsec. (b). Pub. L. 108-126, Sec. 203(e)(2)(A), substituted "and
    the Secretary or Administrator (as appropriate)" for "Secretary,
    and Administrator" in introductory provisions.
      Subsec. (b)(2)(B). Pub. L. 108-126, Sec. 203(e)(2)(B),
    substituted "open space, existing public use, and cultural and
    natural resources." for "open space and existing public use."
      Subsec. (b)(5) to (7). Pub. L. 108-126, Sec. 204, added pars. (5)
    to (7).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126 not applicable to a commemorative
    work for which a site was approved in accordance with this chapter
    prior to Nov. 17, 2003, see section 205 of Pub. L. 108-126, set out
    as a note under section 8901 of this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be section "8902(a)(2)."

-End-

-CITE-
    40 USC Sec. 8906                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8906. Criteria for issuance of construction permit

-STATUTE-
      (a) Criteria for Issuing Permit. - Before issuing a permit for
    the construction of a commemorative work in the District of
    Columbia and its environs, the Secretary of the Interior or
    Administrator of General Services, as appropriate, shall determine
    that - 
        (1) the site and design have been approved by the Secretary or
      Administrator, the National Capital Planning Commission and the
      Commission of Fine Arts;
        (2) knowledgeable individuals qualified in the field of
      preservation and maintenance have been consulted to determine
      structural soundness and durability of the commemorative work and
      to ensure that the commemorative work meets high professional
      standards;
        (3) the sponsor authorized to construct the commemorative work
      has submitted contract documents for construction of the
      commemorative work to the Secretary or Administrator; and
        (4) the sponsor authorized to construct the commemorative work
      has available sufficient amounts to complete construction of the
      project.

      (b) Donation for Perpetual Maintenance and Preservation. - 
        (1) In addition to the criteria described above in subsection
      (a), no construction permit shall be issued unless the sponsor
      authorized to construct the commemorative work has donated an
      amount equal to 10 percent of the total estimated cost of
      construction to offset the costs of perpetual maintenance and
      preservation of the commemorative work. All such amounts shall be
      available for those purposes pursuant to the provisions of this
      subsection. The provisions of this subsection shall not apply in
      instances when the commemorative work is constructed by a
      Department or agency of the Federal Government and less than 50
      percent of the funding for such work is provided by private
      sources.
        (2) Notwithstanding any other provision of law, money on
      deposit in the Treasury on the date of enactment of the
      Commemorative Works Clarification and Revision Act of 2003
      provided by a sponsor for maintenance pursuant to this subsection
      shall be credited to a separate account in the Treasury.
        (3) Money provided by a sponsor pursuant to the provisions of
      this subsection after the date of enactment of the Commemorative
      Works Clarification and Revision Act of 2003 shall be credited to
      a separate account with the National Park Foundation.
        (4) Upon request of the Secretary or Administrator (as
      appropriate), the Secretary of the Treasury or the National Park
      Foundation shall make all or a portion of such moneys available
      to the Secretary or the Administrator (as appropriate) for the
      maintenance of a commemorative work. Under no circumstances may
      the Secretary or Administrator request funds from a separate
      account exceeding the total money in the account established
      under paragraph (2) or (3). The Secretary and the Administrator
      shall maintain an inventory of funds available for such purposes.
      Funds provided under this paragraph shall be available without
      further appropriation and shall remain available until expended.

      (c) Suspension for Misrepresentation in Fundraising. - The
    Secretary of the Interior or Administrator may suspend any activity
    under this chapter that relates to the establishment of a
    commemorative work if the Secretary or Administrator determines
    that fundraising efforts relating to the work have misrepresented
    an affiliation with the work or the Federal Government.
      (d) Annual Report. - The person authorized to construct a
    commemorative work under this chapter must submit to the Secretary
    of the Interior or Administrator an annual report of operations,
    including financial statements audited by an independent certified
    public accountant. The person shall pay for the report.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1230; Pub. L. 108-126,
    title II, Sec. 203(f), Nov. 17, 2003, 117 Stat. 1351.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8906(a)        40:1008(a).             Pub. L. 99-652, Sec. 8, Nov. 
                                            14, 1986, 100 Stat. 3652;   
                                            Pub. L. 103-321, Sec. 2(e), 
                                            Aug. 26, 1994, 108 Stat.    
                                            1794.                       
    8906(b)(1)     40:1008(b) (words                                    
                    before proviso),                                    
                    cl. (1).                                            
    8906(b)(       40:1008(b)(2).                                       
     2), (3)                                                            
    8906(b)(4)     40:1008(b)                                           
                    (proviso).                                          
    8906(c)        40:1008(c)(1).                                       
    8906(d)        40:1008(c)(2).                                       
    --------------------------------------------------------------------

      In subsection (b)(1), the words "Notwithstanding any other
    provision of law" are omitted as unnecessary.
      In subsection (b)(2), the words "Congress authorizes and directs
    that" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Commemorative Works Clarification
    and Revision Act of 2003, referred to in subsec. (b)(2), (3), is
    the date of enactment of Pub. L. 108-126, which was approved on
    Nov. 17, 2003.

-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3), (4). Pub. L. 108-126, Sec. 203(f)(1),
    substituted "sponsor" for "person".
      Subsec. (b). Pub. L. 108-126, Sec. 203(f)(2), added subsec. (b)
    and struck out heading and text of former subsec. (b). Text read as
    follows:
      "(1) Amount. - In addition to the criteria described in
    subsection (a), a construction permit may not be issued unless the
    person authorized to construct the commemorative work has donated
    an amount equal to 10 percent of the total estimated cost of
    construction to offset the costs of perpetual maintenance and
    preservation of the commemorative work. The amounts shall be
    credited to a separate account in the Treasury.
      "(2) Availability. - The Secretary of the Treasury shall make any
    part of the donated amount available to the Secretary of the
    Interior or Administrator for maintenance at the request of the
    Secretary of the Interior or Administrator. The Secretary of the
    Interior or Administrator shall not request more from the separate
    account than the total amount deposited by persons establishing
    commemorative works in areas the Secretary of the Interior or
    Administrator administers.
      "(3) Inventory of available amounts. - The Secretary of the
    Interior and Administrator shall maintain an inventory of amounts
    available under this subsection. The amounts are not subject to
    annual appropriations.
      "(4) Nonapplicability. - This subsection does not apply when a
    department or agency of the Federal Government constructs the work
    and less than 50 percent of the funding for the work is provided by
    private sources."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126 not applicable to a commemorative
    work for which a site was approved in accordance with this chapter
    prior to Nov. 17, 2003, see section 205 of Pub. L. 108-126, set out
    as a note under section 8901 of this title.

-End-

-CITE-
    40 USC Sec. 8907                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8907. Temporary site designation

-STATUTE-
      (a) Criterion for Designation. - If the Secretary of the
    Interior, in consultation with the National Capital Memorial
    Commission, determines that a site where commemorative works may be
    displayed on a temporary basis is necessary to aid in the
    preservation of the limited amount of open space available to
    residents of, and visitors to, the Nation's Capital, a site may be
    designated on land the Secretary administers in the District of
    Columbia.
      (b) Plan. - A designation may be made under subsection (a) only
    if, at least 120 days before the designation, the Secretary, in
    consultation with the Commission, prepares and submits to Congress
    a plan for the site. The plan shall include specifications for the
    location, construction, and administration of the site and criteria
    for displaying commemorative works at the site.
      (c) Risk and Agreement To Indemnify. - A commemorative work
    displayed at the site shall be installed, maintained, and removed
    at the sole expense and risk of the person authorized to display
    the work. The person shall agree to indemnify the United States for
    any liability arising from the display of the commemorative work
    under this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1231.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8907(a)        40:1009(a) (1st         Pub. L. 99-652, Sec. 9, Nov. 
                    sentence).              14, 1986, 100 Stat. 3653;   
                                            Pub. L. 103-321, Sec. 2(f), 
                                            Aug. 26, 1994, 108 Stat.    
                                            1795.                       
    8907(b)        40:1009(a) (2d,                                      
                    last sentences).                                    
    8907(c)        40:1009(b).                                          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 8908                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8908. Areas I and II

-STATUTE-
      (a) Availability of Map. - The Secretary of the Interior or the
    Administrator of General Services (as appropriate) shall make
    available, for public inspection at appropriate offices of the
    National Park Service and the General Services Administration, the
    map entitled "Commemorative Areas Washington, DC and Environs",
    numbered 869/86501 B, and dated June 24, 2003.
      (b) Specific Conditions Applicable to Area I and Area II. - 
        (1) Area i. - After seeking the advice of the National Capital
      Memorial Commission, the Secretary or Administrator, as
      appropriate, may recommend the location of a commemorative work
      in Area I only if the Secretary or Administrator decides that the
      subject of the commemorative work is of preeminent historical and
      lasting significance to the United States. The Secretary or
      Administrator shall notify the Commission, the Committee on House
      Administration of the House of Representatives, and the Committee
      on Energy and Natural Resources of the Senate of the
      recommendation that a commemorative work should be located in
      Area I. The location of a commemorative work in Area I is deemed
      to be authorized only if the recommendation is approved by law
      not later than 150 calendar days after the notification.
        (2) Area ii. - Commemorative works of subjects of lasting
      historical significance to the American people may be located in
      Area II.

      (c) Reserve. - After the date of enactment of the Commemorative
    Works Clarification and Revision Act of 2003, no commemorative work
    or visitor center shall be located within the Reserve.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1231; Pub. L. 108-126,
    title II, Secs. 202(b), 203(g), Nov. 17, 2003, 117 Stat. 1349,
    1352.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8908(a)        40:1005.                Pub. L. 99-652, Sec. 5, Nov. 
                                            14, 1986, 100 Stat. 3651.   
    8908(b)        40:1006.                Pub. L. 99-652, Sec. 6, Nov. 
                                            14, 1986, 100 Stat. 3651;   
                                            Pub. L. 103-321, Sec. 2(c), 
                                            Aug. 26, 1994, 108 Stat.    
                                            1794.                       
    --------------------------------------------------------------------

      In subsection (b)(1), the words "the Committee on House
    Administration of the House of Representatives, and the Committee
    on Energy and Natural Resources of the Senate" are substituted for
    "the committees of Congress specified in section 1003(b) [sic] of
    this title" for clarity. The reference to section 1003(b) should be
    to section 1003(d).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Commemorative Works Clarification
    and Revision Act of 2003, referred to in subsec. (c), is the date
    of enactment of Pub. L. 108-126, which was approved Nov. 17, 2003.

-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-126, Sec. 203(g)(2), which
    directed substitution of "entitled 'Commemorative Areas Washington,
    DC and Environs', numbered 869/86501 B, and dated June 24, 2003"
    for "numbered 869/86581, and dated May 1, 1986", was executed by
    making the substitution for "numbered 869/86501, and dated May 1,
    1986" to reflect the probable intent of Congress.
      Pub. L. 108-126, Sec. 203(g)(1), substituted "Secretary of the
    Interior or the Administrator of General Services (as appropriate)"
    for "Secretary of the Interior and Administrator of General
    Services".
      Subsec. (c). Pub. L. 108-126, Sec. 202(b), added subsec. (c).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendments by Pub. L. 108-126, except for the provision in the
    amendment made by section 202(b) prohibiting a visitor center from
    being located in the Reserve (as defined in section 8902 of this
    title), are not applicable to a commemorative work for which a site
    was approved in accordance with this chapter prior to Nov. 17,
    2003, see section 205 of Pub. L. 108-126, set out as a note under
    section 8901 of this title.

-End-

-CITE-
    40 USC Sec. 8909                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

-HEAD-
    Sec. 8909. Administrative

-STATUTE-
      (a) Maintenance of Documentation of Design and Construction. -
    Complete documentation of design and construction of each
    commemorative work located in the District of Columbia and its
    environs shall be provided to the Secretary of the Interior or
    Administrator of General Services, as appropriate, and shall be
    permanently maintained in the manner provided by law.
      (b) Responsibility for Maintenance of Completed Work. - On
    completion of any commemorative work in the District of Columbia
    and its environs, the Secretary or Administrator, as appropriate,
    shall assume responsibility for maintaining the work.
      (c) Regulations or Standards. - The Secretary and Administrator
    shall prescribe appropriate regulations or standards to carry out
    this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1231.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8909(a)        40:1010(a).             Pub. L. 99-652, Sec. 10(a),  
                                            (c), Nov. 14, 1986, 100     
                                            Stat. 3654.                 
    8909(b)        40:1010(c).                                          
    8909(c)        40:1010(d).             Pub. L. 99-652, Sec. 10(d),  
                                            Nov. 14, 1986, 100 Stat.    
                                            3654; Pub. L. 103-321, Sec. 
                                            2(g), Aug. 26, 1994, 108    
                                            Stat. 1795.                 
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 91 - COMMISSION OF FINE ARTS                 01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 91 - COMMISSION OF FINE ARTS

-HEAD-
                   CHAPTER 91 - COMMISSION OF FINE ARTS               

-MISC1-
    Sec.                                                     
    9101.       Establishment, composition, and vacancies.            
    9102.       Duties.                                               
    9103.       Personnel.                                            
    9104.       Authorization of appropriations.                      

-End-

-CITE-
    40 USC Sec. 9101                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 91 - COMMISSION OF FINE ARTS

-HEAD-
    Sec. 9101. Establishment, composition, and vacancies

-STATUTE-
      (a) Establishment. - There is a Commission of Fine Arts.
      (b) Composition. - The Commission is composed of seven well-
    qualified judges of the fine arts, appointed by the President, who
    serve for four years each or until their successors are appointed
    and qualified.
      (c) Vacancies. - The President shall fill vacancies on the
    Commission.
      (d) Expenses. - Members of the Commission shall be paid actual
    expenses in traveling to and from the District of Columbia to
    attend Commission meetings and while attending those meetings.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1232.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9101(a),       40:104 (1st             May 17, 1910, ch. 243, Sec.  
     (b)            sentence).              1 (1st, 2d sentences, last  
                                            sentence words after comma),
                                            36 Stat. 371.               
    9101(c)        40:104 (2d                                           
                    sentence).                                          
    9101(d)        40:104 (last                                         
                    sentence words                                      
                    after comma).                                       
    --------------------------------------------------------------------

      In subsection (a), the word "permanent" is omitted as obsolete.
      In subsection (d), the words "the District of Columbia" are
    substituted for "Washington" for consistency in the revised title
    and with other titles of the United States Code.

-End-

-CITE-
    40 USC Sec. 9102                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 91 - COMMISSION OF FINE ARTS

-HEAD-
    Sec. 9102. Duties

-STATUTE-
      (a) In General. - The Commission of Fine Arts shall advise on - 
        (1) the location of statues, fountains, and monuments in the
      public squares, streets, and parks in the District of Columbia;
        (2) the selection of models for statues, fountains, and
      monuments erected under the authority of the Federal Government;
        (3) the selection of artists to carry out clause (2); and
        (4) questions of art generally when required to do so by the
      President or a committee of Congress.

      (b) Duty To Request Advice. - The officers required to decide the
    questions described in subsection (a)(1)-(3) shall request the
    Commission to provide the advice.
      (c) Nonapplication. - This section does not apply to the Capitol
    Building and the Library of Congress buildings.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1232.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9102(a)        40:104 (3d, 6th         May 17, 1910, ch. 243, Sec.  
                    sentences).             1 (3d-6th sentences), 36    
                                            Stat. 371.                  
    9102(b)        40:104 (4th                                          
                    sentence).                                          
    9102(c)        40:104 (5th                                          
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (b), the words "in each case" are omitted as
    unnecessary. The words "request the Commission to provide" are
    substituted for "call for" for clarity.
      In subsection (c), the words "buildings of the Library of
    Congress" are substituted for "building of the Library of Congress"
    for clarity because the Library of Congress comprises more than one
    building.

-End-

-CITE-
    40 USC Sec. 9103                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 91 - COMMISSION OF FINE ARTS

-HEAD-
    Sec. 9103. Personnel

-STATUTE-
      The Commission of Fine Arts has a secretary and other assistance
    the Commission authorizes. The secretary is the executive officer
    of the Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1232.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9103           40:104 (last            May 17, 1910, ch. 243, Sec.  
                    sentence words          1 (last sentence words      
                    before comma).          before comma), 36 Stat. 371.
                   40:105.                 June 25, 1910, ch. 384 1     
                                            [sic] (8th complete par. on 
                                            p. 728 (less                
                                            appropriations)), 36 Stat.  
                                            728.                        
    --------------------------------------------------------------------

      The text of 40:105 (related to officer in charge of public
    buildings and grounds) is omitted as obsolete.

-End-

-CITE-
    40 USC Sec. 9104                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 91 - COMMISSION OF FINE ARTS

-HEAD-
    Sec. 9104. Authorization of appropriations

-STATUTE-
      Necessary amounts may be appropriated to carry out this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1232.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9104           40:106.                 May 17, 1910, ch. 243, Sec.  
                                            2, 36 Stat. 371; May 25,    
                                            1955, ch. 76, 69 Stat. 66;  
                                            May 13, 1960, Pub. L.       
                                            86-461, 74 Stat. 128.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 93 - THEODORE ROOSEVELT ISLAND               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 93 - THEODORE ROOSEVELT ISLAND

-HEAD-
                  CHAPTER 93 - THEODORE ROOSEVELT ISLAND              

-MISC1-
    Sec.                                                     
    9301.       Maintenance and administration.                       
    9302.       Consent of Theodore Roosevelt Association required for
                 development.                                         
    9303.       Access to Theodore Roosevelt Island.                  
    9304.       Source of appropriations.                             

-End-

-CITE-
    40 USC Sec. 9301                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 93 - THEODORE ROOSEVELT ISLAND

-HEAD-
    Sec. 9301. Maintenance and administration

-STATUTE-
      The Director of the National Park Service shall maintain and
    administer Theodore Roosevelt Island as a natural park for the
    recreation and enjoyment of the public.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1233.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9301           40:124 (words           May 21, 1932, ch. 200, Sec.  
                    before proviso).        1 (words before proviso), 47
                                            Stat. 163; Feb. 11, 1933,   
                                            ch. 48, Sec. 1, 47 Stat. 799.
    --------------------------------------------------------------------

      In this chapter, the words "Director of the National Park
    Service" are substituted for "Director of Public Buildings and
    Public Parks of the National Capital" and "director" because of
    section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the
    Act of June 10, 1934 (ch. 38, 48 Stat. 389).
      In this section, the text of section 1 (words before 1st
    semicolon) of the Act of May 21, 1932 (ch. 200, 47 Stat. 163) is
    omitted as executed.

                 DESIGNATION OF THEODORE ROOSEVELT ISLAND             
      Act Feb. 11, 1933, ch. 48, Sec. 2, 47 Stat. 799, provided that:
    "In all public documents, records, and maps of the United States in
    which Roosevelt Island is designated or referred to it shall be
    designated as 'Theodore Roosevelt Island'."

-End-

-CITE-
    40 USC Sec. 9302                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 93 - THEODORE ROOSEVELT ISLAND

-HEAD-
    Sec. 9302. Consent of Theodore Roosevelt Association required for
      development

-STATUTE-
      (a) General Plan for Development. - The Theodore Roosevelt
    Association must approve every general plan for the development of
    Theodore Roosevelt Island.
      (b) Development Inconsistent With Plan. - As long as the
    Association remains in existence, development inconsistent with the
    general plan may not be carried out without the Association's
    consent.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1233; Pub. L. 109-284,
    Sec. 6(30), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9302           40:124 (proviso).       May 21, 1932, ch. 200, Sec.  
                                            1 (proviso), 47 Stat. 163.  
    --------------------------------------------------------------------

      The words "Theodore Roosevelt Association" are substituted for
    "Roosevelt Memorial Association" because of section 2 of the Act of
    May 21, 1953 (ch. 63, 36:210101 note).

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 substituted "With" for "with"
    in heading.

-End-

-CITE-
    40 USC Sec. 9303                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 93 - THEODORE ROOSEVELT ISLAND

-HEAD-
    Sec. 9303. Access to Theodore Roosevelt Island

-STATUTE-
      Subject to the approval of the National Capital Planning
    Commission and the availability of appropriations, the Director of
    the National Park Service may provide suitable means of access to
    and on Theodore Roosevelt Island.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1233.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9303           40:125 (words           May 21, 1932, ch. 200, Sec.  
                    before semicolon).      2 (words before semicolon), 
                                            47 Stat. 164; Feb. 11, 1933,
                                            ch. 48, Sec. 1, 47 Stat. 799.
    --------------------------------------------------------------------

      The words "National Capital Planning Commission" are substituted
    for "National Capital Park and Planning Commission" because of
    section 9 of the Act of June 6, 1924 (ch. 270), as added by section
    1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section
    8711(f) of the revised title. The words "from time to time" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 9304                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 93 - THEODORE ROOSEVELT ISLAND

-HEAD-
    Sec. 9304. Source of appropriations

-STATUTE-
      The appropriations needed for construction of suitable means of
    access to and on Theodore Roosevelt Island and annually for the
    care, maintenance, and improvement of the land and improvements may
    be made from amounts not otherwise appropriated from the Treasury.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1233.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9304           40:125 (words after     May 21, 1932, ch. 200, Sec.  
                    semicolon).             2 (words after semicolon),  
                                            47 Stat. 164.               
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC
           WORKS IN THE DISTRICT OF COLUMBIA               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
      CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                           DISTRICT OF COLUMBIA

-MISC1-
    Sec.                                                     
    9501.       Chief of Engineers.                                   
    9502.       Authority of Chief of Engineers.                      
    9503.       Record of property.                                   
    9504.       Reports.                                              
    9505.       Paying for main pipes.                                
    9506.       Civil penalty.                                        
    9507.       Control of expenditures.                              

-End-

-CITE-
    40 USC Sec. 9501                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9501. Chief of Engineers

-STATUTE-
      (a) Superintendence Duties. - 
        (1) Washington aqueduct and other public works and improvements
      in the district of columbia. - The Chief of Engineers has the
      immediate superintendence of - 
          (A) the Washington Aqueduct, together with all rights,
        appurtenances, and fixtures connected with the Aqueduct and
        belonging to the Federal Government; and
          (B) all other public works and improvements in the District
        of Columbia in which the Government has an interest and which
        are not otherwise specially provided for by law.

        (2) Obeying regulations. - In carrying out paragraph (1), the
      Chief of Engineers shall obey regulations the President
      prescribes, through the Secretary of the Army.

      (b) No Increase in Compensation. - The Chief of Engineers shall
    not receive additional compensation for the services required under
    this chapter.
      (c) Office. - The Chief of Engineers shall be furnished an office
    in one of the public buildings in the District of Columbia, as the
    Administrator of General Services directs, and shall be supplied by
    the Federal Government with stationery, instruments, books, and
    furniture which may be required for the performance of the duties
    of the Chief of Engineers.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1233.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9501(a)(1)     40:45.                  R.S. Sec. 1800.              
    9501(a)(2)     40:48.                  R.S. Sec. 1801.              
    9501(b)        40:46.                  R.S. Sec. 1807.              
    9501(c)        40:47.                  R.S. Sec. 1808.              
    --------------------------------------------------------------------

      In subsection (a)(2), the words "pursuant to law" are omitted as
    unnecessary. The words "Secretary of the Army" are substituted for
    "Department of War" [subsequently changed to "Department of the
    Army" because of section 205(a) of the National Security Act of
    1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
      In subsection (b), the word "additional" is substituted for
    "other than his regular pay as an officer of the Corps of
    Engineers" to eliminate unnecessary words. The words "of him" are
    omitted as unnecessary. The words "this chapter" are substituted
    for "title 21 of the Revised Statutes" because the only provisions
    of title 21 related to the Chief of Engineers that have not been
    repealed are contained in the revised chapter.
      In subsection (c), the words "an office" are substituted for
    "official apartments" for clarity. The words "District of Columbia"
    are substituted for "city of Washington" for consistency in the
    revised title and with other titles of the United States Code. The
    words "Administrator of General Services" are substituted for
    "President" [subsequently changed to "Public Buildings Commission"
    because of section 10 of the Act of March 1, 1919 (ch. 86, 40 Stat.
    1269), "National Park Service" because of section 2 of Executive
    Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934
    (ch. 38, 48 Stat. 389), and "Public Buildings Administrator in the
    Federal Works Agency" because of sections 301 and 303 of
    Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat.
    1426, 1427)] because of 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.

-End-

-CITE-
    40 USC Sec. 9502                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9502. Authority of Chief of Engineers

-STATUTE-
      (a) In General. - The Chief of Engineers and necessary assistants
    may use all lawful means to carry out their duties.
      (b) Supply of Water in District of Columbia. - 
        (1) Providing water. - The Chief of Engineers has complete
      control over the Washington Aqueduct to regulate the manner in
      which the authorities of the District of Columbia may tap the
      supply of water to the inhabitants of the District of Columbia.
        (2) Stoppage of water flow. - The Chief of Engineers shall stop
      the authorities of the District of Columbia from tapping the
      supply of water when the supply is no more than adequate to the
      wants of the public buildings and grounds.
        (3) Appeal of decision. - The decision of the Chief of
      Engineers on all questions concerning the supply of water under
      this subsection may be appealed only to the Secretary of the
      Army.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1234.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9502(a),       40:51.                  R.S. Sec. 1810.              
     (b)(1), (2)                                                         
    9502(b)(3)     40:52.                  R.S. Sec. 1811.              
    --------------------------------------------------------------------

      In subsection (b)(3), the words "Secretary of the Army" are
    substituted for "Department of War" [subsequently changed to
    "Department of the Army" because of section 205(a) of the National
    Security Act of 1947 (ch. 343, 61 Stat. 501)] because of
    10:3013(a)(1).

-End-

-CITE-
    40 USC Sec. 9503                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9503. Record of property

-STATUTE-
      The Chief of Engineers shall keep in the office a complete record
    of all land and other property connected with or belonging to the
    Washington Aqueduct and other public works under the charge of the
    Chief of Engineers, together with accurate plans and surveys of the
    public grounds and reservations in the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1234.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9503           40:49.                  R.S. Sec. 1809.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 9504                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9504. Reports

-STATUTE-
      As superintendent of the Washington Aqueduct, the Chief of
    Engineers annually shall submit to the Secretary of the Army,
    within nine months after the end of the fiscal year, a report of
    the Chief of Engineers' operations for that year and a report of
    the condition, progress, repairs, casualties, and expenditures of
    the Washington Aqueduct and other public works under the charge of
    the Chief of Engineers.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1234.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9504           40:50.                  R.S. Sec. 1812; Pub. L.      
                                            96-470, title II, Sec.      
                                            202(a), Oct. 19, 1980, 94   
                                            Stat. 2242.                 
    --------------------------------------------------------------------

      The provisions of section 1812 of the Revised Statues which
    authorized the Chief of Engineers, as Superintendent of Public
    Buildings and Grounds, to report to the Secretary of War concerning
    the Chief of Engineers' operations for the preceding year,
    including an account of the manner in which all appropriations for
    public buildings and grounds had been applied, are omitted because
    the Office of Public Buildings and Grounds under the Chief of
    Engineers was abolished and the functions of the Chief of Engineers
    and the Secretary of War with respect to the Superintendent of
    Public Buildings and Grounds were transferred to the Director of
    Public Buildings and Public Parks of the National Capital by
    section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).
    Those functions subsequently were transferred to the National Park
    Service by section 2 of Executive Order No. 6166 (eff. June 10,
    1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the
    Public Buildings Administrator in the Federal Works Agency by
    sections 301 and 303 of Reorganization Plan No. I of 1939 (eff.
    July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of
    General Services by 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. The
    words "Secretary of the Army" are substituted for "Department of
    War" [subsequently changed to "Department of the Army" because of
    section 205(a) of the National Security Act of 1947 (ch. 343, 61
    Stat. 501)] because of 10:3013(a)(1).

-End-

-CITE-
    40 USC Sec. 9505                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9505. Paying for main pipes

-STATUTE-
      (a) Federal Government. - The Federal Government shall only pay
    for the number of main pipes of the Washington Aqueduct needed to
    furnish public buildings, offices, and grounds with the necessary
    supply of water.
      (b) District of Columbia. - The District of Columbia shall pay
    the cost of any main pipe of the Washington Aqueduct which supplies
    water to the inhabitants of the District of Columbia, in the manner
    provided by law.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1234.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9505           40:55.                  R.S. Sec. 1805.              
    --------------------------------------------------------------------

      In subsection (b), the words "its inhabitants" are substituted
    for "inhabitants of Washington and Georgetown" in section 1805 of
    the Revised Statutes because of the Act of February 11, 1895 (ch.
    79, 28 Stat. 650).

-End-

-CITE-
    40 USC Sec. 9506                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9506. Civil penalty

-STATUTE-
      A person that, without the consent of the Chief of Engineers,
    taps or opens the mains or pipes laid by the Federal Government is
    liable to the Government for a civil penalty of at least $50 and
    not more than $500.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1234.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9506           40:56.                  R.S. Sec. 1803.              
    --------------------------------------------------------------------

      The words "in charge of public buildings and works" in section
    1803 of the Revised Statutes are omitted because the Office of
    Public Buildings and Grounds under the Chief of Engineers was
    abolished and the functions of the Chief of Engineers with respect
    to public buildings and works were transferred to the Director of
    Public Buildings and Public Parks of the National Capital by
    section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).
    Those functions subsequently were transferred to the National Park
    Service by section 2 of Executive Order No. 6166 (eff. June 10,
    1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the
    Public Buildings Administrator in the Federal Works Agency by
    sections 301 and 303 of Reorganization Plan No. I of 1939 (eff.
    July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of
    General Services by 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. The
    words "or hereafter to be laid" are omitted as unnecessary. The
    words "is liable to the government for a civil penalty" are
    substituted for "under a penalty" for consistency in the revised
    title and with other titles of the United States Code.

-End-

-CITE-
    40 USC Sec. 9507                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
                  DISTRICT OF COLUMBIA            

-HEAD-
    Sec. 9507. Control of expenditures

-STATUTE-
      Unless expressly provided for by law, the Secretary of the Army
    shall direct the expenditure of amounts appropriated for the
    Washington Aqueduct and for other public works in the District of
    Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1235.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    9507           40:54.                  R.S. Sec. 1802.              
    --------------------------------------------------------------------

      The words "Secretary of the Army" are substituted for "Department
    of War" [subsequently changed to "Department of the Army" because
    of section 205(a) of the National Security Act of 1947 (ch. 343, 61
    Stat. 501)] because of 10:3013(a)(1).

-End-

-CITE-
    40 USC SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

-HEAD-
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

-MISC1-
    Chapter                                                          Sec.
    111.    GENERAL                                                11101
    113.    RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
             TECHNOLOGY                                            11301
    115.    INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM       11501
    117.    ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS    11701

                                AMENDMENTS                            
      2002 - Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(G),
    Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(H), Dec. 17, 2002, 116 Stat. 2939, amended item for
    chapter 115 identically, substituting "PROGRAM" for "PROGRAMS".

-End-

-CITE-
    40 USC CHAPTER 111 - GENERAL                                01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 111 - GENERAL

-HEAD-
                           CHAPTER 111 - GENERAL                       

-MISC1-
    Sec.                                                     
    11101.      Definitions.                                          
    11102.      Sense of Congress.                                    
    11103.      Applicability to national security systems.           

-End-

-CITE-
    40 USC Sec. 11101                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 111 - GENERAL

-HEAD-
    Sec. 11101. Definitions

-STATUTE-
      In this subtitle, the following definitions apply:
        (1) Commercial item. - The term "commercial item" has the
      meaning given that term in section 4 of the Office of Federal
      Procurement Policy Act (41 U.S.C. 403).
        (2) Executive agency. - The term "executive agency" has the
      meaning given that term in section 4 of the Act (41 U.S.C. 403).
        (3) Information resources. - The term "information resources"
      has the meaning given that term in section 3502 of title 44.
        (4) Information resources management. - The term "information
      resources management" has the meaning given that term in section
      3502 of title 44.
        (5) Information system. - The term "information system" has the
      meaning given that term in section 3502 of title 44.
        (6) Information technology. - The term "information technology"
      - 
          (A) with respect to an executive agency means any equipment
        or interconnected system or subsystem of equipment, used in the
        automatic acquisition, storage, analysis, evaluation,
        manipulation, management, movement, control, display,
        switching, interchange, transmission, or reception of data or
        information by the executive agency, if the equipment is used
        by the executive agency directly or is used by a contractor
        under a contract with the executive agency that requires the
        use - 
            (i) of that equipment; or
            (ii) of that equipment to a significant extent in the
          performance of a service or the furnishing of a product;

          (B) includes computers, ancillary equipment (including
        imaging peripherals, input, output, and storage devices
        necessary for security and surveillance), peripheral equipment
        designed to be controlled by the central processing unit of a
        computer, software, firmware and similar procedures, services
        (including support services), and related resources; but
          (C) does not include any equipment acquired by a federal
        contractor incidental to a federal contract.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1235; Pub. L. 108-199,
    div. F, title V, Sec. 535(b), Jan. 23, 2004, 118 Stat. 345.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11101          40:1401.                Pub. L. 104-106, div. E,     
                                            Sec. 5002, Feb. 10, 1996,   
                                            110 Stat. 679.              
    --------------------------------------------------------------------

      The text of 40:1401(1) is omitted as unnecessary because the
    complete name of the Director of the Office of Management and
    Budget is used the first time the term appears in a section.

                                AMENDMENTS                            
      2004 - Par. (6)(A). Pub. L. 108-199, Sec. 535(b)(1), inserted
    "analysis, evaluation," after "storage,".
      Par. (6)(B). Pub. L. 108-199, Sec. 535(b)(2), substituted
    "ancillary equipment (including imaging peripherals, input, output,
    and storage devices necessary for security and surveillance),
    peripheral equipment designed to be controlled by the central
    processing unit of a computer," for "ancillary equipment,".

-EXEC-
                         EXECUTIVE ORDER NO. 13011                     
      Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, as amended by
    Ex. Ord. No. 13284, Sec. 16, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord.
    No. 13286, Sec. 18, Feb. 28, 2003, 68 F.R. 10623, which related to
    information technology policies and reforms for Federal agencies,
    was revoked by Ex. Ord. No. 13403, Sec. 6, May 12, 2006, 71 F.R.
    28543.

               EX. ORD. NO. 13103. COMPUTER SOFTWARE PIRACY           
      Ex. Ord. No. 13103, Sept. 30, 1998, 63 F.R. 53273, provided:
      The United States Government is the world's largest purchaser of
    computer-related services and equipment, purchasing more than $20
    billion annually. At a time when a critical component in
    discussions with our international trading partners concerns their
    efforts to combat piracy of computer software and other
    intellectual property, it is incumbent on the United States to
    ensure that its own practices as a purchaser and user of computer
    software are beyond reproach. Accordingly, by the authority vested
    in me as President by the Constitution and the laws of the United
    States of America, it is hereby ordered as follows:
      Section 1. Policy. It shall be the policy of the United States
    Government that each executive agency shall work diligently to
    prevent and combat computer software piracy in order to give effect
    to copyrights associated with computer software by observing the
    relevant provisions of international agreements in effect in the
    United States, including applicable provisions of the World Trade
    Organization Agreement on Trade-Related Aspects of Intellectual
    Property Rights, the Berne Convention for the Protection of
    Literary and Artistic Works, and relevant provisions of Federal
    law, including the Copyright Act.
      (a) Each agency shall adopt procedures to ensure that the agency
    does not acquire, reproduce, distribute, or transmit computer
    software in violation of applicable copyright laws.
      (b) Each agency shall establish procedures to ensure that the
    agency has present on its computers and uses only computer software
    not in violation of applicable copyright laws. These procedures may
    include:
      (1) preparing agency inventories of the software present on its
    computers;
      (2) determining what computer software the agency has the
    authorization to use; and
      (3) developing and maintaining adequate recordkeeping systems.
      (c) Contractors and recipients of Federal financial assistance,
    including recipients of grants and loan guarantee assistance,
    should have appropriate systems and controls in place to ensure
    that Federal funds are not used to acquire, operate, or maintain
    computer software in violation of applicable copyright laws. If
    agencies become aware that contractors or recipients are using
    Federal funds to acquire, operate, or maintain computer software in
    violation of copyright laws and determine that such actions of the
    contractors or recipients may affect the integrity of the agency's
    contracting and Federal financial assistance processes, agencies
    shall take such measures, including the use of certifications or
    written assurances, as the agency head deems appropriate and
    consistent with the requirements of law.
      (d) Executive agencies shall cooperate fully in implementing this
    order and shall share information as appropriate that may be useful
    in combating the use of computer software in violation of
    applicable copyright laws.
      Sec. 2. Responsibilities of Agency Heads. In connection with the
    acquisition and use of computer software, the head of each
    executive agency shall:
      (a) ensure agency compliance with copyright laws protecting
    computer software and with the provisions of this order to ensure
    that only authorized computer software is acquired for and used on
    the agency's computers;
      (b) utilize performance measures as recommended by the Chief
    Information Officers Council pursuant to section 3 of this order to
    assess the agency's compliance with this order;
      (c) educate appropriate agency personnel regarding copyrights
    protecting computer software and the policies and procedures
    adopted by the agency to honor them; and
      (d) ensure that the policies, procedures, and practices of the
    agency related to copyrights protecting computer software are
    adequate and fully implement the policies set forth in this order.
      Sec. 3. Chief Information Officers Council. The Chief Information
    Officers Council ("Council") established by section 3 of Executive
    Order No. 13011 of July 16, 1996 [set out above], shall be the
    principal interagency forum to improve executive agency practices
    regarding the acquisition and use of computer software, and
    monitoring and combating the use of unauthorized computer software.
    The Council shall provide advice and make recommendations to
    executive agencies and to the Office of Management and Budget
    regarding appropriate government-wide measures to carry out this
    order. The Council shall issue its initial recommendations within 6
    months of the date of this order.
      Sec. 4. Office of Management and Budget. The Director of the
    Office of Management and Budget, in carrying out responsibilities
    under the Clinger-Cohen Act [probably means the Clinger-Cohen Act
    of 1996, div. D (Secs. 4001-4402) and div. E (Secs. 5001-5703) of
    Pub. L. 104-106, see Tables for classification], shall utilize
    appropriate oversight mechanisms to foster agency compliance with
    the policies set forth in this order. In carrying out these
    responsibilities, the Director shall consider any recommendations
    made by the Council under section 3 of this order regarding
    practices and policies to be instituted on a government-wide basis
    to carry out this order.
      Sec. 5. Definition. "Executive agency" and "agency" have the
    meaning given to that term in section 4(1) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 403(1)).
      Sec. 6. National Security. In the interest of national security,
    nothing in this order shall be construed to require the disclosure
    of intelligence sources or methods or to otherwise impair the
    authority of those agencies listed at 50 U.S.[C.] 401a(4) to carry
    out intelligence activities.
      Sec. 7. Law Enforcement Activities. Nothing in this order shall
    be construed to require the disclosure of law enforcement
    investigative sources or methods or to prohibit or otherwise impair
    any lawful investigative or protective activity undertaken for or
    by any officer, agent, or employee of the United States or any
    person acting pursuant to a contract or other agreement with such
    entities.
      Sec. 8. Scope. Nothing in this order shall be construed to limit
    or otherwise affect the interpretation, application, or operation
    of 28 U.S.C. 1498.
      Sec. 9. Judicial Review. This Executive order is intended only to
    improve the internal management of the executive branch and does
    not create any right or benefit, substantive or procedural, at law
    or equity by a party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.

-End-

-CITE-
    40 USC Sec. 11102                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 111 - GENERAL

-HEAD-
    Sec. 11102. Sense of Congress

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1236.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11102          40:1442.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5132, Feb.   
                                            10, 1996, 110 Stat. 689.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 11103                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 111 - GENERAL

-HEAD-
    Sec. 11103. Applicability to national security systems

-STATUTE-
      (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).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1236.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11103(a)       40:1452.                Pub. L. 104-106, div. E,     
                                            title LI, Secs. 5141, 5142, 
                                            Feb. 10, 1996, 110 Stat. 689.
    11103(b)       40:1451(a).                                          
    11103(c)       40:1451(b).                                          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF
           INFORMATION TECHNOLOGY                          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    

-HEAD-
       CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                                TECHNOLOGY

-MISC1-
        SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET    
    Sec.                                                     
    11301.      Responsibility of Director.                           
    11302.      Capital planning and investment control.              
    11303.      Performance-based and results-based management.       

                    SUBCHAPTER II - EXECUTIVE AGENCIES                
    11311.      Responsibilities.                                     
    11312.      Capital planning and investment control.              
    11313.      Performance and results-based management.             
    11314.      Authority to acquire and manage information
                 technology.                                          
    11315.      Agency Chief Information Officer.                     
    11316.      Accountability.                                       
    11317.      Significant deviations.                               
    11318.      Interagency support.                                  

                  SUBCHAPTER III - OTHER RESPONSIBILITIES              
    11331.      Responsibilities for Federal information systems
                 standards.                                           
    [11332.     Repealed.]                                            

                                AMENDMENTS                            
      2002 - Pub. L. 107-296, title X, Secs. 1002(b), 1005(a)(2), Nov.
    25, 2002, 116 Stat. 2269, 2272, and Pub. L. 107-347, title III,
    Secs. 302(b), 305(a), Dec. 17, 2002, 116 Stat. 2957, 2960, amended
    table of sections identically, substituting "Responsibilities for
    Federal information systems standards" for "Responsibilities
    regarding efficiency, security, and privacy of federal computer
    systems" in item 11331 and striking out item 11332 "Federal
    computer system security training and plan".

-End-

-CITE-
    40 USC SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT
           AND BUDGET                                      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

-HEAD-
        SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET    

-End-

-CITE-
    40 USC Sec. 11301                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

-HEAD-
    Sec. 11301. Responsibility of Director

-STATUTE-
      In fulfilling the responsibility to administer the functions
    assigned under chapter 35 of title 44, the Director of the Office
    of Management and Budget shall comply with this chapter with
    respect to the specific matters covered by this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1237.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11301          40:1411.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5111, Feb.   
                                            10, 1996, 110 Stat. 680.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 11302                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

-HEAD-
    Sec. 11302. Capital planning and investment control

-STATUTE-
      (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) 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.
        (2) Report to congress. - At the same time that the President
      submits the budget for a fiscal year to Congress under section
      1105(a) of title 31, the Director shall submit to Congress a
      report on the net program performance benefits achieved as a
      result of major capital 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 and section 20 of the
    National Institute of Standards and Technology Act (15 U.S.C. 278g-
    3).
      (e) Designation of Executive Agents for Acquisitions. - The
    Director shall designate the head of one or more executive
    agencies, as the Director considers appropriate, as executive agent
    for 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1237; Pub. L. 108-458,
    title VIII, Sec. 8401(1), (2), Dec. 17, 2004, 118 Stat. 3869.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11302          40:1412.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5112, Feb.   
                                            10, 1996, 110 Stat. 680.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458, Sec. 8401(1), inserted
    "security," after "use,".
      Subsec. (c)(1). Pub. L. 108-458, Sec. 8401(2), inserted ",
    including information security risks," after "evaluating the risks"
    and "costs, benefits, and risks".

    APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND EDUCATION
         OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF INFORMATION
                            TECHNOLOGY SERVICES
      Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 813], Oct.
    30, 2000, 114 Stat. 1654, 1654A-214, 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
    (41 U.S.C. 405 and 421) 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 (41 U.S.C. 403(1)).
        "(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."

-End-

-CITE-
    40 USC Sec. 11303                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

-HEAD-
    Sec. 11303. Performance-based and results-based management

-STATUTE-
      (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 agency's 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1238.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11303          40:1413.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5113, Feb.   
                                            10, 1996, 110 Stat. 681.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC SUBCHAPTER II - EXECUTIVE AGENCIES                   01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
                    SUBCHAPTER II - EXECUTIVE AGENCIES                

-End-

-CITE-
    40 USC Sec. 11311                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11311. Responsibilities

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1239.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11311          40:1421.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5121, Feb.   
                                            10, 1996, 110 Stat. 683.    
    --------------------------------------------------------------------

    PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT FOR TAX SYSTEMS
              MODERNIZATION PROGRAM; DELEGATION OF AUTHORITY
      Pub. L. 104-52, title V, Sec. 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 Secretary's 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."

-End-

-CITE-
    40 USC Sec. 11312                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11312. Capital planning and investment control

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108-458,
    title VIII, Sec. 8401(3), Dec. 17, 2004, 118 Stat. 3869.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11312          40:1422.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5122, Feb.   
                                            10, 1996, 110 Stat. 683.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-458 substituted "investments
    in information technology (including information security needs)"
    for "information technology investments".

-End-

-CITE-
    40 USC Sec. 11313                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11313. Performance and results-based management

-STATUTE-
      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
      agency's budget submission to Congress, on the progress in
      achieving the goals;
        (3) ensure that performance measurements - 
          (A) are prescribed for information technology used by, or to
        be acquired for, the executive agency; and
          (B) measure how well the information technology 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 agency's mission-related
      processes and administrative processes as appropriate before
      making significant investments in information technology to be
      used in support of the performance of those missions; and
        (6) ensure that the information security policies, procedures,
      and practices of the executive agency are adequate.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1240.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11313          40:1423.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5123, Feb.   
                                            10, 1996, 110 Stat. 683.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 11314                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11314. Authority to acquire and manage information technology

-STATUTE-
      (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 items of information technology that
      requires each executive agency covered by the contract, when
      procuring those items, to procure the items under that contract
      or to justify an alternative procurement of the items.

      (b) FTS 2000 Program. - The Administrator of General Services
    shall continue to manage the FTS 2000 program, and to coordinate
    the follow-on to that program, for and with the advice of the heads
    of executive agencies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1241.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11314          40:1424.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 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.

-End-

-CITE-
    40 USC Sec. 11315                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11315. Agency Chief Information Officer

-STATUTE-
      (a) Definition. - In this section, the term "information
    technology architecture", with respect to an executive agency,
    means an integrated framework for evolving or maintaining existing
    information technology and acquiring new information technology to
    achieve the agency's strategic goals and information resources
    management goals.
      (b) General Responsibilities. - The Chief Information Officer of
    an executive agency is responsible for - 
        (1) providing advice and other assistance to the head of the
      executive agency and other senior management personnel of the
      executive agency to ensure that information technology is
      acquired and information resources are managed for the executive
      agency in a manner that implements the policies and procedures of
      this subtitle, consistent with chapter 35 of title 44 and the
      priorities established by the head of the executive agency;
        (2) developing, maintaining, and facilitating the
      implementation of a sound, secure, and integrated information
      technology architecture for the executive agency; and
        (3) promoting the effective and efficient design and operation
      of all major information resources management processes for the
      executive agency, including improvements to work processes of the
      executive agency.

      (c) Duties and Qualifications. - The Chief Information Officer of
    an agency listed in section 901(b) of title 31 - 
        (1) has information resources management duties as that
      official's primary duty;
        (2) monitors the performance of information technology programs
      of the agency, evaluates the performance of those programs on the
      basis of the applicable performance measurements, and advises the
      head of the agency regarding whether to continue, modify, or
      terminate a program or project; and
        (3) annually, as part of the strategic planning and performance
      evaluation process required (subject to section 1117 of title 31)
      under section 306 of title 5 and sections 1105(a)(28), 1115-1117,
      and 9703 (as added by section 5(a) of the Government Performance
      and Results Act of 1993 (Public Law 103-62, 107 Stat. 289)) of
      title 31 - 
          (A) assesses the requirements established for agency
        personnel regarding knowledge and skill in information
        resources management and the adequacy of those requirements for
        facilitating the achievement of the performance goals
        established for information resources management;
          (B) assesses the extent to which the positions and personnel
        at the executive level of the agency and the positions and
        personnel at management level of the agency below the executive
        level meet those requirements;
          (C) develops strategies and specific plans for hiring,
        training, and professional development to rectify any
        deficiency in meeting those requirements; and
          (D) reports to the head of the agency on the progress made in
        improving information resources management capability.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 108-458,
    title VIII, Sec. 8401(4), Dec. 17, 2004, 118 Stat. 3869.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11315          40:1425(b)-(d).         Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5125(b)-(d), 
                                            Feb. 10, 1996, 110 Stat. 685.
    --------------------------------------------------------------------

      In subsection (c)(3), before subclause (A), the reference to
    31:1105(a)(29) is changed to 1105(a)(28) because of the
    redesignation of 1105(a)(29) as 1105(a)(28) by section 4(1) of the
    Act of October 11, 1996, (Public Law 104-287, 110 Stat. 3388). The
    words "as added by section 5(a) of the Government Performance and
    Results Act of 1993 (Public Law 103-62, 107 Stat. 289)" are added
    for clarity because there is another 31:9703.

                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-458 inserted ", secure," after
    "sound".

-End-

-CITE-
    40 USC Sec. 11316                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11316. Accountability

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1242.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11316          40:1426.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5126, Feb.   
                                            10, 1996, 110 Stat. 686.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 11317                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11317. Significant deviations

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1242.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11317          40:1427.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5127, Feb.   
                                            10, 1996, 110 Stat. 687.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 11318                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER II - EXECUTIVE AGENCIES

-HEAD-
    Sec. 11318. Interagency support

-STATUTE-
      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
    Director's responsibilities under this chapter. The use of those
    amounts for that purpose is subject to requirements and limitations
    on uses and amounts that the Director may prescribe. The Director
    shall prescribe the requirements and limitations during the
    Director's review of the executive agency's proposed budget
    submitted to the Director by the head of the executive agency for
    purposes of section 1105 of title 31.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1242.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11318          40:1428.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5128, Feb.   
                                            10, 1996, 110 Stat. 687.    
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC SUBCHAPTER III - OTHER RESPONSIBILITIES              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER III - OTHER RESPONSIBILITIES

-HEAD-
                  SUBCHAPTER III - OTHER RESPONSIBILITIES              

-End-

-CITE-
    40 USC Sec. 11331                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER III - OTHER RESPONSIBILITIES

-HEAD-
    Sec. 11331. Responsibilities for Federal information systems
      standards

-STATUTE-
      (a) Definition. - In this section, the term "information
    security" has the meaning given that term in section 3532(b)(1) of
    title 44.
      (b) Requirement to Prescribe Standards. - 
        (1) In general. - 
          (A) Requirement. - Except as provided under paragraph (2),
        the Director of the Office of Management and Budget shall, on
        the basis of proposed standards developed by the National
        Institute of Standards and Technology pursuant to paragraphs
        (2) and (3) of section 20(a) of the National Institute of
        Standards and Technology Act (15 U.S.C. 278g-3(a)) and in
        consultation with the Secretary of Homeland Security,
        promulgate information security standards pertaining to Federal
        information systems.
          (B) Required standards. - Standards promulgated under
        subparagraph (A) shall include - 
            (i) standards that provide minimum information security
          requirements as determined under section 20(b) of the
          National Institute of Standards and Technology Act (15 U.S.C.
          278g-3(b)); and
            (ii) such standards that are otherwise necessary to improve
          the efficiency of operation or security of Federal
          information systems.

          (C) Required standards binding. - Information security
        standards described under subparagraph (B) shall be compulsory
        and binding.

        (2) Standards and guidelines for national security systems. -
      Standards and guidelines for national security systems, as
      defined under section 3532(3) of title 44, shall be developed,
      promulgated, enforced, and overseen as otherwise authorized by
      law and as directed by the President.

      (c) Application of More Stringent Standards. - The head of an
    agency may employ standards for the cost-effective information
    security for all operations and assets within or under the
    supervision of that agency that are more stringent than the
    standards promulgated by the Director under this section, if such
    standards - 
        (1) contain, at a minimum, the provisions of those applicable
      standards made compulsory and binding by the Director; and
        (2) are otherwise consistent with policies and guidelines
      issued under section 3533 of title 44.

      (d) Requirements Regarding Decisions by Director. - 
        (1) Deadline. - The decision regarding the promulgation of any
      standard by the Director under subsection (b) shall occur not
      later than 6 months after the submission of the proposed standard
      to the Director by the National Institute of Standards and
      Technology, as provided under section 20 of the National
      Institute of Standards and Technology Act (15 U.S.C. 278g-3).
        (2) Notice and comment. - A decision by the Director to
      significantly modify, or not promulgate, a proposed standard
      submitted to the Director by the National Institute of Standards
      and Technology, as provided under section 20 of the National
      Institute of Standards and Technology Act (15 U.S.C. 278g-3),
      shall be made after the public is given an opportunity to comment
      on the Director's proposed decision.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1243; Pub. L. 107-296,
    title X, Sec. 1002(a), Nov. 25, 2002, 116 Stat. 2268; Pub. L. 107-
    347, title III, Sec. 302(a), Dec. 17, 2002, 116 Stat. 2956.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11331          40:1441.                Pub. L. 104-106, div. E,     
                                            title LI, Sec. 5131(a)-(d), 
                                            Feb. 10, 1996, 110 Stat. 687.
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2002 - Pub. L. 107-296 amended text generally. Prior to
    amendment, text, as amended generally by Pub. L. 107-347, read as
    follows:
      "(a) Standards and Guidelines. - 
        "(1) Authority to prescribe. - Except as provided under
      paragraph (2), the Secretary of Commerce shall, on the basis of
      standards and guidelines developed by the National Institute of
      Standards and Technology pursuant to paragraphs (2) and (3) of
      section 20(a) of the National Institute of Standards and
      Technology Act (15 U.S.C. 278g-3(a)), prescribe standards and
      guidelines pertaining to Federal information systems.
        "(2) National security systems. - Standards and guidelines for
      national security systems (as defined under this section) shall
      be developed, prescribed, enforced, and overseen as otherwise
      authorized by law and as directed by the President.
      "(b) Mandatory Requirements. - 
        "(1) Authority to make mandatory. - Except as provided under
      paragraph (2), the Secretary shall make standards prescribed
      under subsection (a)(1) compulsory and binding to the extent
      determined necessary by the Secretary to improve the efficiency
      of operation or security of Federal information systems.
        "(2) Required mandatory standards. - (A) Standards prescribed
      under subsection (a)(1) shall include information security
      standards that - 
          "(i) provide minimum information security requirements as
        determined under section 20(b) of the National Institute of
        Standards and Technology Act (15 U.S.C. 278g-3(b)); and
          "(ii) are otherwise necessary to improve the security of
        Federal information and information systems.
        "(B) Information security standards described in subparagraph
      (A) shall be compulsory and binding.
      "(c) Authority to Disapprove or Modify. - The President may
    disapprove or modify the standards and guidelines referred to in
    subsection (a)(1) if the President determines such action to be in
    the public interest. The President's authority to disapprove or
    modify such standards and guidelines may not be delegated. Notice
    of such disapproval or modification shall be published promptly in
    the Federal Register. Upon receiving notice of such disapproval or
    modification, the Secretary of Commerce shall immediately rescind
    or modify such standards or guidelines as directed by the
    President.
      "(d) Exercise of Authority. - To ensure fiscal and policy
    consistency, the Secretary shall exercise the authority conferred
    by this section subject to direction by the President and in
    coordination with the Director of the Office of Management and
    Budget.
      "(e) Application of More Stringent Standards. - The head of an
    executive agency may employ standards for the cost-effective
    information security for information systems within or under the
    supervision of that agency that are more stringent than the
    standards the Secretary prescribes under this section if the more
    stringent standards - 
        "(1) contain at least the applicable standards made compulsory
      and binding by the Secretary; and
        "(2) are otherwise consistent with policies and guidelines
      issued under section 3543 of title 44.
      "(f) Decisions on Promulgation of Standards. - The decision by
    the Secretary regarding the promulgation of any standard under this
    section shall occur not later than 6 months after the submission of
    the proposed standard to the Secretary by the National Institute of
    Standards and Technology, as provided under section 20 of the
    National Institute of Standards and Technology Act (15 U.S.C. 278g-
    3).
      "(g) Definitions. - In this section:
        "(1) Federal information system. - The term 'Federal
      information system' means an information system used or operated
      by an executive agency, by a contractor of an executive agency,
      or by another organization on behalf of an executive agency.
        "(2) Information security. - The term 'information security'
      has the meaning given that term in section 3542(b)(1) of title
      44.
        "(3) National security system. - The term 'national security
      system' has the meaning given that term in section 3542(b)(2) of
      title 44."
      Pub. L. 107-347 substituted "Responsibilities for Federal
    information systems standards" for "Responsibilities regarding
    efficiency, security, and privacy of federal computer systems" in
    section catchline and amended text generally. Prior to amendment,
    text read as follows:
      "(a) Definitions. - In this section, the terms 'federal computer
    system' and 'operator of a federal computer system' have the
    meanings given those terms in section 20(d) of the National
    Institute of Standards and Technology Act (15 U.S.C. 278g-3(d)).
      "(b) Standards and Guidelines. - 
        "(1) Authority to prescribe and disapprove or modify. - 
          "(A) Authority to prescribe. - On the basis of standards and
        guidelines developed by the National Institute of Standards and
        Technology pursuant to paragraphs (2) and (3) of section 20(a)
        of the Act (15 U.S.C. 278g-3(a)(2), (3)), the Secretary of
        Commerce shall prescribe standards and guidelines pertaining to
        federal computer systems. The Secretary shall make those
        standards compulsory and binding to the extent the Secretary
        determines necessary to improve the efficiency of operation or
        security and privacy of federal computer systems.
          "(B) Authority to disapprove or modify. - The President may
        disapprove or modify those standards and guidelines if the
        President determines that action to be in the public interest.
        The President's authority to disapprove or modify those
        standards and guidelines may not be delegated. Notice of
        disapproval or modification shall be published promptly in the
        Federal Register. On receiving notice of disapproval or
        modification, the Secretary shall immediately rescind or modify
        those standards or guidelines as directed by the President.
        "(2) Exercise of authority. - To ensure fiscal and policy
      consistency, the Secretary shall exercise the authority conferred
      by this section subject to direction by the President and in
      coordination with the Director of the Office of Management and
      Budget.
      "(c) Application of More Stringent Standards. - The head of a
    federal agency may employ standards for the cost-effective security
    and privacy of sensitive information in a federal computer system
    in or under the supervision of that agency that are more stringent
    than the standards the Secretary prescribes under this section if
    the more stringent standards contain at least the applicable
    standards the Secretary makes compulsory and binding.
      "(d) Waiver of Standards. - 
        "(1) Authority of the secretary. - The Secretary may waive in
      writing compulsory and binding standards under subsection (b) if
      the Secretary determines that compliance would - 
          "(A) adversely affect the accomplishment of the mission of an
        operator of a federal computer system; or
          "(B) cause a major adverse financial impact on the operator
        that is not offset by Federal Government-wide savings.
        "(2) Delegation of waiver authority. - The Secretary may
      delegate to the head of one or more federal agencies authority to
      waive those standards to the extent the Secretary determines that
      action to be necessary and desirable to allow for timely and
      effective implementation of federal computer system standards.
      The head of the agency may redelegate that authority only to a
      chief information officer designated pursuant to section 3506 of
      title 44.
        "(3) Notice. - Notice of each waiver and delegation shall be
      transmitted promptly to Congress and published promptly in the
      Federal Register."

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section
    402(b) of Pub. L. 107-347, set out as an Effective Date note under
    section 3541 of Title 44, Public Printing and Documents.
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-
    40 USC Sec. 11332                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION
                   TECHNOLOGY                    
    SUBCHAPTER III - OTHER RESPONSIBILITIES

-HEAD-
    Sec. 11332. Repealed.

-MISC1-
    [Sec. 11332. Repealed. Pub. L. 107-296, title X, Sec. 1005(a)(1),
      Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347, title III, Sec.
      305(a), Dec. 17, 2002, 116 Stat. 2960].
      Section, Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1244, related
    to Federal computer system security training and plan.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107-
    347, set out as an Effective Date note under section 3541 of Title
    44, Public Printing and Documents.
      Repeal by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
    see section 4 of Pub. L. 107-296, set out as an Effective Date note
    under section 101 of Title 6, Domestic Security.

-End-

-CITE-
    40 USC CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION
           PILOT PROGRAM                                   01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM

-HEAD-
      CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM  

-MISC1-
                  SUBCHAPTER I - CONDUCT OF PILOT PROGRAM              
    Sec.                                                     
    11501.      Authority to conduct pilot program.                   
    11502.      Evaluation criteria and plans.                        
    11503.      Report.                                               
    11504.      Recommended legislation.                              
    11505.      Rule of construction.                                 

                  SUBCHAPTER II - SPECIFIC PILOT PROGRAM              
    [11521, 11522. Repealed.]                                         

                                AMENDMENTS                            
      2002 - Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(A),
    Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(B), Dec. 17, 2002, 116 Stat. 2938, amended chapter
    heading identically, substituting "PROGRAM" for "PROGRAMS".
      Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(C), (D), Dec.
    2, 2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(D), (E), Dec. 17, 2002, 116 Stat. 2938, amended items for
    subchapters I and II identically, substituting "PROGRAM" for
    "PROGRAMS".
      Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(E), Dec. 2,
    2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(F), Dec. 17, 2002, 116 Stat. 2938, amended item 11501
    identically, substituting "program" for "programs".
      Pub. L. 107-347, title II, Sec. 210(h)(3)(G), Dec. 17, 2002, 116
    Stat. 2939, struck out item 11521 "Share-in-savings pilot program",
    and directed redesignation of item 11522 as item 11521, which could
    not be executed because of repeal of item 11522 by Pub. L. 107-314,
    Sec. 825(b)(3)(F). See below.
      Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(F), Dec. 2,
    2002, 116 Stat. 2616, struck out item 11522 "Solutions-based
    contracting pilot program".

-End-

-CITE-
    40 USC SUBCHAPTER I - CONDUCT OF PILOT PROGRAM              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
                  SUBCHAPTER I - CONDUCT OF PILOT PROGRAM              

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(B),
    Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(C), Dec. 17, 2002, 116 Stat. 2938, amended subchapter
    heading identically, substituting "PROGRAM" for "PROGRAMS".

-End-

-CITE-
    40 USC Sec. 11501                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
    Sec. 11501. Authority to conduct pilot program

-STATUTE-
      (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 (!1)
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107-314,
    div. A, title VIII, Sec. 825(b)(2)(A), Dec. 2, 2002, 116 Stat.
    2615; Pub. L. 107-347, title II, Sec. 210(h)(2)(A), Dec. 17, 2002,
    116 Stat. 2938.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11501          40:1471.                Pub. L. 104-106, div. E,     
                                            title LIII, Sec. 5301, Feb. 
                                            10, 1996, 110 Stat. 691.    
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 11521 of this title, referred to in subsec. (a)(1), was
    repealed by Pub. L. 107-347, title II, Sec. 210(h)(1), Dec. 17,
    2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107-347
    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. 107-314, div. A, title
    VIII, Sec. 825(b)(1), Dec. 2, 2002, 116 Stat. 2615.

-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-314, Sec. 825(b)(2)(A)(i), and Pub. L. 107-
    347, Sec. 210(h)(2)(A)(i), amended section catchline identically,
    substituting "program" for "programs".
      Subsec. (a)(1). Pub. L. 107-314, Sec. 825(b)(2)(A)(ii), and Pub.
    L. 107-347, Sec. 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. 107-314, Sec. 825(b)(2)(A)(iii), and Pub.
    L. 107-347, Sec. 210(h)(2)(A)(iii), amended par. (2) identically,
    substituting "the pilot program conducted" for "each pilot program
    conducted".
      Subsec. (b). Pub. L. 107-347, Sec. 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. 107-314, Sec. 825(b)(2)(A)(iv)(I). See
    below.
      Pub. L. 107-314, Sec. 825(b)(2)(A)(iv)(II), substituted
    "subsection." for "paragraph."
      Pub. L. 107-314, Sec. 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. 107-314, Sec. 825(b)(2)(A)(v), and Pub.
    L. 107-347, Sec. 210(h)(2)(A)(v), amended par. (1) identically,
    substituting "the pilot" for "a pilot".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    40 USC Sec. 11502                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
    Sec. 11502. Evaluation criteria and plans

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107-314,
    div. A, title VIII, Sec. 825(b)(2)(B)(i), (ii), Dec. 2, 2002, 116
    Stat. 2616; Pub. L. 107-347, title II, Sec. 210(h)(2)(B)(i), (ii),
    Dec. 17, 2002, 116 Stat. 2938.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11502          40:1472.                Pub. L. 104-106, div. E,     
                                            title LIII, Sec. 5302, Feb. 
                                            10, 1996, 110 Stat. 691.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 and Pub. L. 107-347 amended section
    identically, substituting "the pilot" for "a pilot" in subsecs. (a)
    and (b).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

-End-

-CITE-
    40 USC Sec. 11503                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
    Sec. 11503. Report

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107-314,
    div. A, title VIII, Sec. 825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat.
    2616; Pub. L. 107-347, title II, Sec. 210(h)(2)(B)(iii), Dec. 17,
    2002, 116 Stat. 2938.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11503          40:1473.                Pub. L. 104-106, div. E,     
                                            title LIII, Sec. 5303, Feb. 
                                            10, 1996, 110 Stat. 692.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-314 and Pub. L. 107-347 amended
    subsec. (a) identically, substituting "the pilot" for "a pilot" in
    introductory provisions.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

-End-

-CITE-
    40 USC Sec. 11504                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
    Sec. 11504. Recommended legislation

-STATUTE-
      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 Director's recommendations for that
    legislation to Congress.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107-314,
    div. A, title VIII, Sec. 825(b)(2)(B)(iv), Dec. 2, 2002, 116 Stat.
    2616; Pub. L. 107-347, title II, Sec. 210(h)(2)(B)(iv), Dec. 17,
    2002, 116 Stat. 2938.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11504          40:1474.                Pub. L. 104-106, div. E,     
                                            title LIII, Sec. 5304, Feb. 
                                            10, 1996, 110 Stat. 692.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 and Pub. L. 107-347 amended section
    identically, substituting "the pilot" for "a pilot".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

-End-

-CITE-
    40 USC Sec. 11505                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

-HEAD-
    Sec. 11505. Rule of construction

-STATUTE-
      This chapter does not authorize the appropriation or obligation
    of amounts for the pilot program authorized under this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107-314,
    div. A, title VIII, Sec. 825(b)(2)(C), Dec. 2, 2002, 116 Stat.
    2616; Pub. L. 107-347, title II, Sec. 210(h)(2)(C), Dec. 17, 2002,
    116 Stat. 2938.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11505          40:1475.                Pub. L. 104-106, div. E,     
                                            title LIII, Sec. 5305, Feb. 
                                            10, 1996, 110 Stat. 692.    
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 and Pub. L. 107-347 amended section
    identically, substituting "program" for "programs".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.

-End-

-CITE-
    40 USC SUBCHAPTER II - SPECIFIC PILOT PROGRAM               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER II - SPECIFIC PILOT PROGRAM

-HEAD-
                  SUBCHAPTER II - SPECIFIC PILOT PROGRAM              

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-314, div. A, title VIII, Sec. 825(b)(3)(B),
    Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107-347, title II, Sec.
    210(h)(3)(C), Dec. 17, 2002, 116 Stat. 2938, amended subchapter
    heading identically, substituting "PROGRAM" for "PROGRAMS".

-End-

-CITE-
    40 USC Sec. 11521                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER II - SPECIFIC PILOT PROGRAM

-HEAD-
    Sec. 11521. Repealed.

-MISC1-
    [Sec. 11521. Repealed. Pub. L. 107-347, title II, Sec. 210(h)(1),
      Dec. 17, 2002, 116 Stat. 2938].
      Section, Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1247, related
    to the share-in-savings pilot program.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 120 days after Dec. 17, 2002, see section 402(a)
    of Pub. L. 107-347, set out as an Effective Date note under section
    3601 of Title 44, Public Printing and Documents.

-End-

-CITE-
    40 USC Sec. 11522                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 115 - INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
    SUBCHAPTER II - SPECIFIC PILOT PROGRAM

-HEAD-
    Sec. 11522. Repealed.

-MISC1-
    [Sec. 11522. Repealed. Pub. L. 107-314, div. A, title VIII, Sec.
      825(b)(1), Dec. 2, 2002, 116 Stat. 2615].
      Section, Pub. L. 107-217, 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. 107-347, title II, Sec. 210(h)(3)(A),
    Dec. 17, 2002, 116 Stat. 2938, directed that this section be
    renumbered section 11521 of this title.

-End-

-CITE-
    40 USC CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES
           MANAGEMENT MATTERS                              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

-HEAD-
     CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS 

-MISC1-
    Sec.                                                     
    11701.      Identification of excess and surplus computer
                 equipment.                                           
    11702.      Index of certain information in information systems
                 included in directory established under section 4101
                 of title 44.                                         
    11703.      Procurement procedures.                               
    [11704.     Renumbered.]                                          

                                AMENDMENTS                            
      2002 - Pub. L. 107-314, div. A, title VIII, Sec. 825(c)(3), Dec.
    2, 2002, 116 Stat. 2616, struck out item 11701 "On-line multiple
    award schedule contracting" and redesignated items 11702 to 11704
    as 11701 to 11703, respectively.

-End-

-CITE-
    40 USC Sec. 11701                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

-HEAD-
    Sec. 11701. Identification of excess and surplus computer equipment

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1252, Sec. 11702;
    renumbered Sec. 11701, Pub. L. 107-314, div. A, title VIII, Sec.
    825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11702          40:1502.                Pub. L. 104-106, div. E,     
                                            title LIV, Sec. 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.

                             PRIOR PROVISIONS                         
      A prior section 11701, Pub. L. 107-217, Aug. 21, 2002, 116 Stat.
    1250, related to on-line multiple award schedule contracting, prior
    to repeal by Pub. L. 107-314, div. A, title VIII, Sec. 825(c)(1),
    Dec. 2, 2002, 116 Stat. 2616.

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 renumbered section 11702 of this title as
    this section.

-End-

-CITE-
    40 USC Sec. 11702                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

-HEAD-
    Sec. 11702. Index of certain information in information systems
      included in directory established under section 4101 of title 44

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1252, Sec. 11703;
    renumbered Sec. 11702, Pub. L. 107-314, div. A, title VIII, Sec.
    825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11703          40:1503.                Pub. L. 104-106, div. E,     
                                            title LIV, Sec. 5403, Feb.  
                                            10, 1996, 110 Stat. 698.    
    --------------------------------------------------------------------

      The words "Notwithstanding any other provision of this chapter"
    are omitted as unnecessary.

                             PRIOR PROVISIONS                         
      A prior section 11702 was renumbered section 11701 of this title.

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 renumbered section 11703 of this title as
    this section.

-End-

-CITE-
    40 USC Sec. 11703                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

-HEAD-
    Sec. 11703. Procurement procedures

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1252, Sec. 11704;
    renumbered Sec. 11703, Pub. L. 107-314, div. A, title VIII, Sec.
    825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    11704          40:1461.                Pub. L. 104-106, div. E,     
                                            title LII, Sec. 5201, Feb.  
                                            10, 1996, 110 Stat. 689.    
    --------------------------------------------------------------------

                             PRIOR PROVISIONS                         
      A prior section 11703 was renumbered section 11702 of this title.

                                AMENDMENTS                            
      2002 - Pub. L. 107-314 renumbered section 11704 of this title as
    this section.

-End-

-CITE-
    40 USC Sec. 11704                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT
    CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

-HEAD-
    [Sec. 11704. Renumbered Sec. 11703]
-STATUTE-

-End-

-CITE-
    40 USC SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

-HEAD-
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

-MISC1-
    Chapter                                                          Sec.
    141.    GENERAL PROVISIONS                                     14101
    143.    APPALACHIAN REGIONAL COMMISSION                        14301
    145.    SPECIAL APPALACHIAN PROGRAMS                           14501
    147.    MISCELLANEOUS                                          14701

-End-

-CITE-
    40 USC CHAPTER 141 - GENERAL PROVISIONS                     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 141 - GENERAL PROVISIONS

-HEAD-
                     CHAPTER 141 - GENERAL PROVISIONS                 

-MISC1-
    Sec.                                                     
    14101.      Findings and purposes.                                
    14102.      Definitions.                                          

-End-

-CITE-
    40 USC Sec. 14101                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 141 - GENERAL PROVISIONS

-HEAD-
    Sec. 14101. Findings and purposes

-STATUTE-
      (a) 1965 Findings and Purpose. - 
        (1) Findings. - Congress finds and declares that the
      Appalachian region of the United States, while abundant in
      natural resources and rich in potential, lags behind the rest of
      the Nation in its economic growth and that its people have not
      shared properly in the Nation's prosperity. The region's uneven
      past development, with its historical reliance on a few basic
      industries and a marginal agriculture, has failed to provide the
      economic base that is a vital prerequisite for vigorous, self-
      sustaining growth. State and local governments and the people of
      the region understand their problems and have been working, and
      will continue to work, purposefully toward their solution.
      Congress recognizes the comprehensive report of the President's
      Appalachian Regional Commission documenting these findings and
      concludes that regionwide development is feasible, desirable, and
      urgently needed.
        (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 Nation's energy needs and policies, including problems of
        transportation, housing, community facilities, and human
        services.

      (c) 1998 Findings and Purpose. - 
        (1) Findings. - Congress further finds and declares that while
      substantial progress has been made in fulfilling many of the
      objectives of this subtitle, rapidly changing national and global
      economies over the decade ending November 13, 1998, have created
      new problems and challenges for rural areas throughout the United
      States and especially for the Appalachian region.
        (2) Purpose. - In addition to the purposes stated in
      subsections (a) and (b), it is the purpose of this subtitle - 
          (A) to assist the Appalachian region in - 
            (i) providing the infrastructure necessary for economic and
          human resource development;
            (ii) developing the region's industry;
            (iii) building entrepreneurial communities;
            (iv) generating a diversified regional economy; and
            (v) making the region's industrial and commercial resources
          more competitive in national and world markets;

          (B) to provide a framework for coordinating federal, state,
        and local initiatives to respond to the economic
        competitiveness challenges in the Appalachian region through - 
            (i) improving the skills of the region's workforce;
            (ii) adapting and applying new technologies for the
          region's businesses, including eco-industrial development
          technologies; and
            (iii) improving the access of the region's businesses to
          the technical and financial resources necessary to
          development of the businesses; and

          (C) to address the needs of severely and persistently
        distressed areas of the Appalachian region and focus special
        attention on the areas of greatest need so as to provide a
        fairer opportunity for the people of the region to share the
        quality of life generally enjoyed by citizens across the United
        States.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1252.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14101(a)       40 App.:2(a).           Pub. L. 89-4, Sec. 2(a),     
                                            Mar. 9, 1965, 79 Stat. 5;   
                                            Pub. L. 94-188, title I,    
                                            Sec. 102, Dec. 31, 1975, 89 
                                            Stat. 1079.                 
    14101(b)       40 App.:2(b).           Pub. L. 89-4, Sec. 2(b), as  
                                            added Pub. L. 94-188, title 
                                            I, Sec. 102, Dec. 31, 1975, 
                                            89 Stat. 1079; Pub. L.      
                                            107-149, Sec. 2(b)(1), Mar. 
                                            12, 2002, 116 Stat. 66.     
    14101(c)       40 App.:2(c).           Pub. L. 89-4, Sec. 2(c), as  
                                            added Pub. L. 105-393, title
                                            II, Sec. 202, Nov. 13, 1998,
                                            112 Stat. 3618; Pub. L.     
                                            107-149, Sec. 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.

-End-

-CITE-
    40 USC Sec. 14102                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 141 - GENERAL PROVISIONS

-HEAD-
    Sec. 14102. Definitions

-STATUTE-
      (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, Monroe, Montgomery, Morgan,
        Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan,
        Russell, Wayne, Whitley, and Wolfe.
          (D) In Maryland, the counties of Allegany, Garrett, and
        Washington.
          (E) In Mississippi, the counties of Alcorn, Benton, 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, Cherokee, Clay, Davie,
        Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon,
        Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,
        Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
          (H) In Ohio, the counties of Adams, Athens, Belmont, Brown,
        Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey,
        Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,
        Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike,
        Ross, Scioto, Tuscarawas, Vinton, and Washington.
          (I) In Pennsylvania, the counties of Allegheny, 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, and Spartanburg.
          (K) In Tennessee, the counties of Anderson, Bledsoe, Blount,
        Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke,
        Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger,
        Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson,
        Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs,
        Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,
        Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van
        Buren, Warren, Washington, and White.
          (L) In Virginia, the counties of Alleghany, Bath, Bland,
        Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,
        Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge,
        Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
          (M) All the counties of West Virginia.

        (2) Local development district. - The term "local 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1254.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14102(a)(1)    40 App.:403 (less       Pub. L. 89-4, title IV, Sec. 
                    last 2 pars.).          403, Mar. 9, 1965, 79 Stat. 
                                            21; Pub. L. 90-103, title I,
                                            Sec. 123, Oct. 11, 1967, 81 
                                            Stat. 266; Pub. L. 91-123,  
                                            title I, Sec. 110, Nov. 25, 
                                            1969, 83 Stat. 215; Pub. L. 
                                            101-434, Oct. 17, 1990, 104 
                                            Stat. 985; Pub. L. 102-240, 
                                            title I, Sec. 1087, Dec. 18,
                                            1991, 105 Stat. 2022; Pub.  
                                            L. 103-437, Sec. 14(e), Nov.
                                            2, 1994, 108 Stat. 4591;    
                                            Pub. L. 105-178, title I,   
                                            Sec. 1222(a), June 9, 1998, 
                                            112 Stat. 223; Pub. L.      
                                            107-149, Secs. 11, 13(j),   
                                            Mar. 12, 2002, 116 Stat. 70,
                                            73.                         
    14102(a)(2)    40 App.:301.            Pub. L. 89-4, title III,     
                                            Sec. 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.

-End-

-CITE-
    40 USC CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION        01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION

-HEAD-
               CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION           

-MISC1-
              SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION          
    Sec.                                                     
    14301.      Establishment, membership, and employees.             
    14302.      Decisions.                                            
    14303.      Functions.                                            
    14304.      Recommendations.                                      
    14305.      Liaison between Federal Government and Commission.    
    14306.      Administrative powers and expenses.                   
    14307.      Meetings.                                             
    14308.      Information.                                          
    14309.      Personal financial interests.                         
    14310.      Annual report.                                        

                   SUBCHAPTER II - FINANCIAL ASSISTANCE               
    14321.      Grants and other assistance.                          
    14322.      Approval of development plans, strategy statements,
                 and projects.                                        

-End-

-CITE-
    40 USC SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
              SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION          

-End-

-CITE-
    40 USC Sec. 14301                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14301. Establishment, membership, and employees

-STATUTE-
      (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 Governor's cabinet or the Governor's personal staff. The
      President, by and with the advice and consent of the Senate,
      shall appoint an alternate for the Federal 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 Cochairman's
    alternate shall be compensated by the Government at level V of the
    Executive Schedule as set out in section 5316 of title 5. Each
    state member and alternate shall be compensated by the State which
    they represent at the rate established by law of that State.
      (d) Delegation. - 
        (1) Powers and responsibilities. - Commission powers and
      responsibilities specified in section 14302(c) and (d) of this
      title, and the vote of any Commission member, may not be
      delegated to an individual who is not a Commission member or who
      is not entitled to vote in Commission meetings.
        (2) Alternate federal cochairman. - The alternate to the
      Federal Cochairman shall perform the functions and duties the
      Federal Cochairman delegates when not actively serving as the
      alternate.

      (e) Executive Director. - The Commission has an executive
    director. The executive director is responsible for carrying out
    the administrative functions of the Commission, for directing the
    Commission staff, and for other duties the Commission may assign.
      (f) Status of Personnel. - Members, alternates, officers, and
    employees of the Commission are not federal employees for any
    purpose, except the Federal Cochairman, the alternate to the
    Federal Cochairman, the staff of the Federal Cochairman, and
    federal employees detailed to the Commission under section
    14306(a)(3) of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1256.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14301(a),      40 App.:101(a)(1)       Pub. L. 89-4, title I, Sec.  
     (b)(1)         (1st, 3d sentences).     101(a)(1), (c), (d), Mar. 9,
                                            1965, 79 Stat. 6; Pub. L.   
                                            94-188, title I, Secs.      
                                            103(1), (2), (4), (5), 104, 
                                            Dec. 31, 1975, 89 Stat.     
                                            1079, 1080; Pub. L. 105-393,
                                            title II, Sec. 203(a)(1),   
                                            (b)(2), Nov. 13, 1998, 112  
                                            Stat. 3619.                 
    14301(b)(2)    40 App.:101(c)                                       
                    (1st-4th 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      Pub. L. 89-4, title I, Sec.  
                    sentence).              106(2) (2d, last sentences),
                                            Mar. 9, 1965, 79 Stat. 8;   
                                            Pub. L. 94-188, title I,    
                                            Sec. 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.

-End-

-CITE-
    40 USC Sec. 14302                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14302. Decisions

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1257.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14302          40 App.:101(b).         Pub. L. 89-4, title I, Sec.  
                                            101(b), Mar. 9, 1965, 79    
                                            Stat. 6; Pub. L. 94-188,    
                                            title I, Sec. 103(3), Dec.  
                                            31, 1975, 89 Stat. 1080;    
                                            Pub. L. 105-393, title II,  
                                            Sec. 203(c), Nov. 13, 1998, 
                                            112 Stat. 3619; Pub. L.     
                                            107-149, Sec. 13(a), Mar.   
                                            12, 2002, 116 Stat. 71.     
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14303                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14303. Functions

-STATUTE-
      (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; and
        (10) seek to coordinate the economic development activities of,
      and the use of economic development resources by, federal
      agencies in the region.

      (b) Identify Needs and Goals of Subregional Areas. - In carrying
    out its functions under this section, the Commission shall identify
    the characteristics of, and may distinguish between the needs and
    goals of, appropriate subregional areas, including central,
    northern, and southern Appalachia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1258.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14303          40 App.:102.            Pub. L. 89-4, title I, Sec.  
                                            102, Mar. 9, 1965, 79 Stat. 
                                            7; Pub. L. 90-103, title I, 
                                            Sec. 102, Oct. 11, 1967, 81 
                                            Stat. 257; Pub. L. 94-188,  
                                            title I, Sec. 105, Dec. 31, 
                                            1975, 89 Stat. 1080; Pub. L.
                                            107-149, Sec. 3, Mar. 12,   
                                            2002, 116 Stat. 66.         
    --------------------------------------------------------------------

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    40 USC Sec. 14304                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14304. Recommendations

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1258.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14304          40 App.:103.            Pub. L. 89-4, title I, Sec.  
                                            103, Mar. 9, 1965, 79 Stat. 
                                            7.                          
    --------------------------------------------------------------------

      Before clause (1), the words "from time to time" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 14305                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14305. Liaison between Federal Government and Commission

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1259.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14305(a)       40 App.:104(a).         Pub. L. 89-4, title I, Sec.  
                                            104(a), Mar. 9, 1965, 79    
                                            Stat. 8; Pub. L. 107-149,   
                                            Sec. 4(1), Mar. 12, 2002,   
                                            116 Stat. 67.               
    14305(b)       40 App.:104(b)          Pub. L. 89-4, title I, Sec.  
                                            104(b), as added Pub. L.    
                                            107-149, Sec. 4(2), Mar. 12,
                                            2002, 116 Stat. 67.         
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14306                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14306. Administrative powers and expenses

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1259.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14306(a)       40 App.:106(1), (2)     Pub. L. 89-4, title I, Sec.  
                    (1st sentence), (3)     106(1), (2) (1st sentence), 
                    (less words in          (3)-(9), Mar. 9, 1965, 79   
                    parentheses), (4),      Stat. 8; Pub. L. 90-103,    
                    (5) (1st sentence),     title I, Sec. 104, Oct. 11, 
                    (6), (7) (less          1967, 81 Stat. 257; Pub. L. 
                    words in last           92-65, title II, Sec. 203,  
                    parentheses), (8),      Aug. 5, 1971, 85 Stat. 168; 
                    (9).                    Pub. L. 94-188, title I,    
                                            Sec. 107, Dec. 31, 1975, 89 
                                            Stat. 1080; Pub. L. 96-506, 
                                            Sec. 3(2), Dec. 8, 1980, 94 
                                            Stat. 2746; Pub. L 105-393, 
                                            title II, Secs. 205, 206,   
                                            Nov. 13, 1998, 112 Stat.    
                                            3619; Pub. L. 107-149, Sec. 
                                            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. 89-4, title I, Sec.  
                                            105, Mar. 9, 1965, 79 Stat. 
                                            8; Pub. L. 90-103, title I, 
                                            Sec. 103, Oct. 11, 1967, 81 
                                            Stat. 257; Pub. L. 91-123,  
                                            title I, Sec. 102, Nov. 25, 
                                            1969, 83 Stat. 214; Pub. L. 
                                            92-65, title II, Sec. 202,  
                                            Aug. 5, 1971, 85 Stat. 168; 
                                            Pub. L. 94-188, title I,    
                                            Sec. 106, Dec. 31, 1975, 89 
                                            Stat. 1080; Pub. L. 96-506, 
                                            Sec. 3(1), Dec. 8, 1980, 94 
                                            Stat. 2746; Pub. L. 97-35,  
                                            title XVIII, Sec.           
                                            1822(a)(1), Aug. 13, 1981,  
                                            95 Stat. 767; Pub. L.       
                                            105-393, title II, Sec. 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 89-4, 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.

-End-

-CITE-
    40 USC Sec. 14307                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14307. Meetings

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1260.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14307          40 App.:101(a)(2).      Pub. L. 89-4, title I, Sec.  
                                            101(a)(2), as added Pub. L. 
                                            105-393, title II, Sec.     
                                            203(a)(2), (b)(1), Nov. 13, 
                                            1998, 112 Stat. 3619.       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14308                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14308. Information

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1260; Pub. L. 109-284,
    Sec. 6(31), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14308(a)       40 App.:107(a)(1)       Pub. L. 89-4, title I, Sec.  
                    (words before 5th       107, Mar. 9, 1965, 79 Stat. 
                    comma), (2) (less       9; Pub. L. 94-188, title I, 
                    words in                Sec. 109, Dec. 31, 1975, 89 
                    parentheses), (3).      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.

                                AMENDMENTS                            
      2006 - Subsec. (b)(2). Pub. L. 109-284 substituted "subsection
    (a)(2)" for "section (a)(2)".

-End-

-CITE-
    40 USC Sec. 14309                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14309. Personal financial interests

-STATUTE-
      (a) Conflict of Interest. - 
        (1) No role allowed. - Except as permitted by paragraph (2), an
      individual who is a state member or alternate, or an officer or
      employee of the Appalachian Regional Commission, shall not
      participate personally and substantially as a member, alternate,
      officer, or employee in any way in any particular matter in
      which, to the individual's knowledge, any of the following has a
      financial interest:
          (A) the individual.
          (B) the individual's spouse, minor child, or partner.
          (C) an organization (except a State or political subdivision
        of a State) in which the individual is serving as an officer,
        director, trustee, partner, or employee.
          (D) any person or organization with whom the individual - 
            (i) is serving as an officer, director, trustee, partner,
          or employee; or
            (ii) is negotiating or has any arrangement concerning
          prospective employment.

        (2) Exception. - Paragraph (1) does not apply if the 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 202-209 of title 18.
      (d) Rescission. - The Commission may declare void and rescind any
    contract, loan, or grant of or by the Commission in relation to
    which it finds that there has been a violation of subsection (a)(1)
    or (b) of this section or any of the provisions of sections 202-209
    of title 18.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1261.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14309(a)(1)    40 App.:108(a) (1st     Pub. L. 89-4, title I, Sec.  
                    sentence).              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.

-End-

-CITE-
    40 USC Sec. 14310                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-HEAD-
    Sec. 14310. Annual report

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1262.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14310          40 App.:304.            Pub. L. 89-4, title III,     
                                            Sec. 304, Mar. 9, 1965, 79  
                                            Stat. 20.                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC SUBCHAPTER II - FINANCIAL ASSISTANCE                 01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-
                   SUBCHAPTER II - FINANCIAL ASSISTANCE               

-End-

-CITE-
    40 USC Sec. 14321                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-
    Sec. 14321. Grants and other assistance

-STATUTE-
      (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 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;
            (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), not
        more than 50 percent (or 80 percent in the case of a project to
        be carried out in a county for which a distressed county
        designation is in effect under section 14526 of this title) of
        the cost of any activity eligible for financial assistance
        under this section may be provided from amounts appropriated to
        carry out this subtitle.
          (B) Discretionary grants. - 
            (i) Grants to which percentage limitation doesn't apply. -
          Discretionary grants made by the Commission to implement
          significant regional 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.

        (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 region's energy resources and the development and stimulation
      of indigenous arts and crafts of the region.
        (2) Cooperation by federal agencies. - In carrying out the
      purposes of this subtitle and in implementing this section, the
      Secretary of Energy, the Environmental Protection Agency, and
      other federal agencies shall cooperate with the Commission and
      shall provide assistance that the Federal Cochairman may request.
        (3) Available amounts. - In any fiscal year, not more than - 
          (A) $3,000,000 shall be obligated for energy resource related
        demonstrations; and
          (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
      available for audit by the President, the Comptroller General,
      and the Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1262.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14321(a)(1)    40                      Pub. L. 89-4, title III,     
                    App.:302(a)(1)(A)-      Sec. 302, Mar. 9, 1965, 79  
                    (C) (1st sentence).     Stat. 19; Pub. L. 90-103,   
                                            title I, Sec. 120, Oct. 11, 
                                            1967, 81 Stat. 264; Pub. L. 
                                            91-123, title I, Sec. 108,  
                                            Nov. 25, 1969, 83 Stat. 215;
                                            Pub. L. 92-65, title II,    
                                            Sec. 211, Aug. 5, 1971, 85  
                                            Stat. 172; Pub. L. 94-188,  
                                            title I, Sec. 119, Dec. 31, 
                                            1975, 89 Stat. 1085; Pub. L.
                                            105-393, title II, Secs.    
                                            218(d), 220(a)-(c)(1), Nov. 
                                            13, 1998, 112 Stat. 3623,   
                                            3624; Pub. L. 107-149, Secs.
                                            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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (a)(1)(B), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
    552, as amended, which is classified generally to chapter 38 (Sec.
    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.

-End-

-CITE-
    40 USC Sec. 14322                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 143 - APPALACHIAN REGIONAL COMMISSION
    SUBCHAPTER II - FINANCIAL ASSISTANCE

-HEAD-
    Sec. 14322. Approval of development plans, strategy statements, and
      projects

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1264.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14322(a)       40 App.:303 (1st        Pub. L. 89-4, title III,     
                    sentence).              Sec. 303, Mar. 9, 1965, 79  
                                            Stat. 20; Pub. L. 90-103,   
                                            title I, Sec. 121, Oct. 11, 
                                            1967, 81 Stat. 265; Pub. L. 
                                            94-188, title I, Sec. 120,  
                                            Dec. 31, 1975, 89 Stat.     
                                            1086; Pub. L. 107-149, Sec. 
                                            13(i), Mar. 12, 2002, 116   
                                            Stat. 72.                   
    14322(b)       40 App.:303 (2d, 3d                                  
                    sentences).                                         
    14322(c)       40 App.:303 (last                                    
                    sentence).                                          
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS

-HEAD-
                CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS            

-MISC1-
                          SUBCHAPTER I - PROGRAMS                      
    Sec.                                                     
    14501.      Appalachian development highway system.               
    14502.      Demonstration health projects.                        
    14503.      Assistance for proposed low- and middle-income housing
                 projects.                                            
    14504.      Telecommunications and technology initiative.         
    14505.      Entrepreneurship initiative.                          
    14506.      Regional skills partnerships.                         
    14507.      Supplements to federal grant programs.                

                      SUBCHAPTER II - ADMINISTRATIVE                  
    14521.      Required level of expenditure.                        
    14522.      Consent of States.                                    
    14523.      Program implementation.                               
    14524.      Program development criteria.                         
    14525.      State development planning process.                   
    14526.      Distressed and economically strong counties.          

-End-

-CITE-
    40 USC SUBCHAPTER I - PROGRAMS                              01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
                          SUBCHAPTER I - PROGRAMS                      

-End-

-CITE-
    40 USC Sec. 14501                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14501. Appalachian development highway system

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1265; Pub. L. 108-199,
    div. F, title I, Sec. 123(a), Jan. 23, 2004, 118 Stat. 296.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14501(a)       40 App.:201(a)          Pub. L. 89-4, title II, Sec. 
                    (1st, 3d, last          201, Mar. 9, 1965, 79 Stat. 
                    sentences).             10; Pub. L. 89-670, Sec.    
                                            8(b), Oct. 15, 1966, 80     
                                            Stat. 942; Pub. L. 90-103,  
                                            title I, Sec. 106, Oct. 11, 
                                            1967, 81 Stat. 258; Pub. L. 
                                            91-123, title I, Sec. 103,  
                                            Nov. 25, 1969, 83 Stat. 214;
                                            Pub. L. 92-65, title II,    
                                            Sec. 204, Aug. 5, 1971, 85  
                                            Stat. 168; Pub. L. 94-188,  
                                            title I, Sec. 110, Dec. 31, 
                                            1975, 89 Stat. 1081; Pub. L.
                                            95-599, title I, Sec.       
                                            138(a), (b), Nov. 6, 1978,  
                                            92 Stat. 2710; Pub. L.      
                                            96-506, Sec. 3(3), Dec. 8,  
                                            1980, 94 Stat. 2746; Pub. L.
                                            97-35, title XVIII, Sec.    
                                            1822(a)(2), Aug. 13, 1981,  
                                            95 Stat. 767; Pub. L.       
                                            105-178, title I, Sec.      
                                            1117(c), title II, Sec.     
                                            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.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-199, 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.

-End-

-CITE-
    40 USC Sec. 14502                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14502. Demonstration health projects

-STATUTE-
      (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 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).
        (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 paragraph (2), the Commission may
      contribute not more than 50 percent of any project cost eligible
      for financial assistance under this section from amounts
      appropriated to carry out this subtitle.
        (2) Distressed counties. - The maximum Commission 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.

      (g) Emphasis on Occupational Diseases From Coal Mining. - To
    provide for the further development of the Appalachian region's
    human resources, grants under this section shall give special
    emphasis to programs and research for the early detection,
    diagnosis, and treatment of occupational diseases arising from coal
    mining, such as black lung.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1266.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14502(a)       40 App.:202(a) (1st     Pub. L. 89-4, title II, Sec. 
                    sentence).              202(a)-(e), Mar. 9, 1965, 79
                                            Stat. 11; Pub. L. 90-103,   
                                            title I, Sec. 107, Oct. 11, 
                                            1967, 81 Stat. 259; Pub. L. 
                                            91-123, title I, Sec. 104,  
                                            Nov. 25, 1969, 83 Stat. 214;
                                            Pub. L. 92-65, title II,    
                                            Sec. 206, Aug. 5, 1971, 85  
                                            Stat. 169; Pub. L. 94-188,  
                                            title I, Sec. 111, Dec. 31, 
                                            1975, 89 Stat. 1081; Pub. L.
                                            95-193, Sec. 1, Nov. 18,    
                                            1977, 91 Stat. 1412; Pub. L.
                                            96-88, title V, Sec. 509(b),
                                            Oct. 17, 1979, 93 Stat. 695;
                                            Pub. L. 96-545, Sec. 2, Dec.
                                            18, 1980, 94 Stat. 3215;    
                                            Pub. L. 105-393, title II,  
                                            Sec. 207(a), (c), Nov. 13,  
                                            1998, 112 Stat. 3620; Pub.  
                                            L. 107-149, Sec. 13(c), (d),
                                            Mar. 12, 2002, 116 Stat. 71.
    14502(b)       40 App.:202(d).                                      
    14502(c)(      40 App.:202(a) (2d                                   
     1), (2)        sentence).                                          
    14502(c)(      40 App.:202(b).                                      
     3)- (5)                                                            
    14502(d)(1)    40 App.:202(c)                                       
                    (5th-last                                           
                    sentences).                                         
    14502(d)(      40 App.:202(c)                                       
     2), (3)        (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. 89-4, title II, Sec. 
                                            202(f), as added Pub. L.    
                                            105-393, title II, Sec.     
                                            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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Health Service Act, referred to in subsec. (c)(2), is
    act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title VI of
    the Act is classified generally to subchapter IV (Sec. 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. 106-402, Oct.
    30, 2000, 114 Stat. 1677, as amended, which is classified
    principally to chapter 144 (Sec. 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, as amended, which is
    classified generally to chapter 7 (Sec. 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 (Sec. 601 et seq.) and B (Sec.
    620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of
    the Act is classified generally to subchapter XX (Sec. 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.

-MISC2-
                     TERMINATION OF ADVISORY COMMITTEE                 
      Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    40 USC Sec. 14503                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14503. Assistance for proposed low- and middle-income housing
      projects

-STATUTE-
      (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) shall not be more than 50 percent (or 80 percent for a
      project to be carried out in a county for which a distressed
      county designation is in effect under section 14526 of this
      title) of the cost of planning and obtaining financing for a
      project, including preliminary surveys and analyses of market
      needs, preliminary site engineering and architectural fees, site
      options, application and mortgage commitment fees, legal fees,
      and construction loan fees and discounts.
        (2) Interest. - A loan shall be made without interest, except
      that a loan made to an organization established for profit shall
      bear interest at the prevailing market rate authorized for an
      insured or guaranteed loan for that type of project.
        (3) Payment. - The Secretary shall require payment of a loan
      made under this section, under terms and conditions the 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 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.
        (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1268.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14503(a)       40 App.:207(d).         Pub. L. 89-4, title II, Sec. 
                                            207, as added Pub. L.       
                                            90-103, title I, Sec. 112,  
                                            Oct. 11, 1967, 81 Stat. 261;
                                            Pub. L. 90-448, title II,   
                                            Sec. 201(f), Aug. 1, 1968,  
                                            82 Stat. 502; Pub. L.       
                                            91-123, title I, Sec. 106,  
                                            Nov. 25, 1969, 83 Stat. 215;
                                            Pub. L. 92-65, title II,    
                                            Sec. 208, Aug. 5, 1971, 85  
                                            Stat. 169; Pub. L. 94-188,  
                                            title I, Sec. 113, Dec. 31, 
                                            1975, 89 Stat. 1082; Pub. L.
                                            105-393, title II, Sec. 212,
                                            Nov. 13, 1998, 112 Stat.    
                                            3621; Pub. L. 107-149, Sec. 
                                            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.

-End-

-CITE-
    40 USC Sec. 14504                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14504. Telecommunications and technology initiative

-STATUTE-
      (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. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1270.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14504(a)       40 App.:203(a).         Pub. L. 89-4, title II, Sec. 
                                            203, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14505                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14505. Entrepreneurship initiative

-STATUTE-
      (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. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1271.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14505(a)       40 App.:204(a).         Pub. L. 89-4, title II, Sec. 
                                            204, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14506                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14506. Regional skills partnerships

-STATUTE-
      (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. - 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.
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1271.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14506(a)       40 App.:205(a).         Pub. L. 89-4, title II, Sec. 
                                            205, as added Pub. L.       
                                            107-149, Sec. 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).                                   
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14507                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER I - PROGRAMS

-HEAD-
    Sec. 14507. Supplements to federal grant programs

-STATUTE-
      (a) Definition. - 
        (1) Federal grant programs. - In this section, the term
      "federal grant programs" - 
          (A) means any federal grant program that provides assistance
        for the acquisition or development of land, the construction or
        equipment of facilities, or other community or economic
        development or economic adjustment activities, including a
        federal grant program authorized by - 
            (i) the Consolidated Farm and Rural Development Act (7
          U.S.C. 1921 et seq.);
            (ii) the Land and Water Conservation Fund Act of 1965 (16
          U.S.C. 460l-4 et seq.);
            (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 paragraph (2), the Commission may
      contribute not more than 50 percent of a project or activity cost
      eligible for financial assistance under this section from amounts
      appropriated to carry out this subtitle.
        (2) Distressed counties. - The maximum Commission 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109-270,
    Sec. 2(j), Aug. 12, 2006, 120 Stat. 748.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14507(a)       40 App.:214(c).         Pub. L. 89-4, title II, Sec. 
                                            214, Mar. 9, 1965, 79 Stat. 
                                            17; Pub. L. 90-103, title I,
                                            Sec. 116, Oct. 11, 1967, 81 
                                            Stat. 263; Pub. L. 91-123,  
                                            title I, Sec. 107, Nov. 25, 
                                            1969, 83 Stat. 215; Pub. L. 
                                            91-258, title I, Sec.       
                                            52(b)(5), May 21, 1970, 84  
                                            Stat. 235; Pub. L. 92-65,   
                                            title II, Sec. 210, Aug. 5, 
                                            1971, 85 Stat. 171; Pub. L. 
                                            94-188, title I, Sec. 115,  
                                            Dec. 31, 1975, 89 Stat.     
                                            1083; Pub. L. 96-506, Sec.  
                                            3(4), Dec. 8, 1980, 94 Stat.
                                            2746; Pub. L. 98-524, Sec.  
                                            4(e)(2), Oct. 19, 1984, 98  
                                            Stat. 2489; Pub. L. 104-208,
                                            div. A, title I, Sec. 101(e)
                                            [title VII, Sec. 709(a)(5)],
                                            Sept. 30, 1996, 110 Stat.   
                                            3009-312; Pub. L. 105-332,  
                                            Sec. 3(g), Oct. 31, 1998,   
                                            112 Stat. 3126, Pub. L.     
                                            105-393, title II, Sec. 217,
                                            Nov. 13, 1998, 112 Stat.    
                                            3622; Pub. L. 107-149, Sec. 
                                            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 92-500,
    86 Stat. 816).
      In subsection (g)(1), the words "after September 30, 1998" are
    omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Consolidated Farm and Rural Development Act, referred to in
    subsec. (a)(1)(A)(i), is title III of Pub. L. 87-128, Aug. 8, 1961,
    75 Stat. 307, as amended, which is classified principally to
    chapter 50 (Sec. 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 Land and Water Conservation Fund Act of 1965, referred to in
    subsec. (a)(1)(A)(ii), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat.
    897, as amended, which is classified generally to part B (Sec. 460l-
    4 et seq.) of subchapter LXIX of chapter 1 of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 460l-4 of Title 16 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,
    as amended, which is classified principally to chapter 18 (Sec.
    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. 88-210, Dec. 18,
    1963, 77 Stat. 403, as amended generally by Pub. L. 109-270, Sec.
    1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally
    to chapter 44 (Sec. 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. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    also known as the Clean Water Act, which is classified generally to
    chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
    Navigable Waters. Title II of the Act is classified generally to
    subchapter II (Sec. 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, as
    amended. Title VI of the Act is classified generally to subchapter
    IV (Sec. 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. 93-383, Aug. 22, 1974, 88 Stat.
    633, as amended. Title I of the Act is classified principally to
    chapter 69 (Sec. 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, as
    amended. Part IV of title III of the Act is classified generally to
    part IV (Sec. 390 et seq.) of subchapter III of chapter 5 of Title
    47, Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code, see section 609 of Title 47
    and Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A)(iv). Pub. L. 109-270 substituted "Carl
    D. Perkins Career and Technical Education Act of 2006" for "Carl D.
    Perkins Vocational and Technical Education Act of 1998".

-End-

-CITE-
    40 USC SUBCHAPTER II - ADMINISTRATIVE                       01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
                      SUBCHAPTER II - ADMINISTRATIVE                  

-End-

-CITE-
    40 USC Sec. 14521                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14521. Required level of expenditure

-STATUTE-
      A State or political subdivision of a State is not eligible to
    receive benefits under this subtitle unless the aggregate
    expenditure of state amounts, except expenditures for participation
    in the Dwight D. Eisenhower System of Interstate and Defense
    Highways and local and federal amounts, for the benefit of the area
    within the State located in the Appalachian region is maintained at
    a level which does not fall below the average level of those
    expenditures for the State's last two full fiscal years prior to
    March 9, 1965. In computing the level, a State's past expenditure
    for participation in the Dwight D. Eisenhower System of Interstate
    and Defense Highways and expenditures of local and federal amounts
    shall not be included. The Commission shall recommend to the
    President a lesser requirement when it finds that a substantial
    population decrease in that part of a State which lies within the
    region would not justify a state expenditure equal to the average
    level of the last two years or when it finds that a State's average
    level of expenditure in an individual program has been
    disproportionate to the present need for that part of the State.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1274.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14521          40 App.:221.            Pub. L. 89-4, title II, Sec. 
                                            221, Mar. 9, 1965, 79 Stat. 
                                            18; Pub. L. 90-103, title I,
                                            Sec. 117, Oct. 11, 1967, 81 
                                            Stat. 263; Pub. L. 101-427, 
                                            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.

-End-

-CITE-
    40 USC Sec. 14522                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14522. Consent of States

-STATUTE-
      This subtitle does not require a State to engage in or accept a
    program under this subtitle without its consent.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1274.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14522          40 App.:222.            Pub. L. 89-4, title II, Sec. 
                                            222, Mar. 9, 1965, 79 Stat. 
                                            18.                         
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14523                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14523. Program implementation

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1274.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14523          40 App.:223.            Pub. L. 89-4, title II, Sec. 
                                            223, Mar. 9, 1965, 79 Stat. 
                                            18; Pub. L. 90-103, title I,
                                            Sec. 118, Oct. 11, 1967, 81 
                                            Stat. 264; Pub. L. 94-188,  
                                            title I, Sec. 116, Dec. 31, 
                                            1975, 89 Stat. 1083.        
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14524                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14524. Program development criteria

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1275.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14524(a)       40 App.:224(a).         Pub. L. 89-4, title II, Sec. 
                                            224(a), Mar. 9, 1965, 79    
                                            Stat. 18; Pub. L. 90-103,   
                                            title I, Sec. 119(a), Oct.  
                                            11, 1967, 81 Stat. 264; Pub.
                                            L. 105-393, title II, Sec.  
                                            218(a), (b), Nov. 13, 1998, 
                                            112 Stat. 3622; Pub. L.     
                                            107-149, Secs. 8(a), 13(g), 
                                            Mar. 12, 2002, 116 Stat. 70,
                                            72.                         
    14524(b)       40 App.:224(b).         Pub. L. 89-4, title II, Sec. 
                                            224(b), Mar. 9, 1965, 79    
                                            Stat. 19; Pub. L. 90-103,   
                                            title I, Sec. 119(b), Oct.  
                                            11, 1967, 81 Stat. 264; Pub.
                                            L. 105-393, title II, Sec.  
                                            218(c), Nov. 13, 1998, 112  
                                            Stat. 3623.                 
    14524(c)       40 App.:224(c).         Pub. L. 89-4, title II, Sec. 
                                            224(c), as added Pub. L.    
                                            94-188, title I, Sec. 117,  
                                            Dec. 31, 1975, 89 Stat. 1084.
    14524(d)       40 App.:224(d).         Pub. L. 89-4, title II, Sec. 
                                            224(d), as added Pub. L.    
                                            107-149, Sec. 8(b), Mar. 12,
                                            2002, 116 Stat. 70.         
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14525                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14525. State development planning process

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1275.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14525(a)       40 App.:225(a).         Pub. L. 89-4, title II, Sec. 
                                            225, as added Pub. L.       
                                            94-188, title I, Sec. 118,  
                                            Dec. 31, 1975, 89 Stat.     
                                            1084; Pub. L. 107-149, Sec. 
                                            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).                                      
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (a)(3)(C), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
    552, as amended, which is classified principally to chapter 38
    (Sec. 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.

-End-

-CITE-
    40 USC Sec. 14526                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 145 - SPECIAL APPALACHIAN PROGRAMS
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 14526. Distressed and economically strong counties

-STATUTE-
      (a) Designations. - 
        (1) In general. - The Appalachian Regional Commission, in
      accordance with criteria the Commission may establish, each year
      shall - 
          (A) designate as "distressed counties" those counties in the
        Appalachian region that are the most severely and persistently
        distressed; and
          (B) designate two categories of economically strong 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1277.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14526          40 App.:226.            Pub. L. 89-4, title II, Sec. 
                                            226, as added Pub. L.       
                                            105-393, title II, Sec. 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.

-End-

-CITE-
    40 USC CHAPTER 147 - MISCELLANEOUS                          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 147 - MISCELLANEOUS

-HEAD-
                        CHAPTER 147 - MISCELLANEOUS                    

-MISC1-
    Sec.                                                     
    14701.      Applicable labor standards.                           
    14702.      Nondiscrimination.                                    
    14703.      Authorization of appropriations.                      
    14704.      Termination.                                          

-End-

-CITE-
    40 USC Sec. 14701                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 147 - MISCELLANEOUS

-HEAD-
    Sec. 14701. Applicable labor standards

-STATUTE-
      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
    3141-3144, 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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1278.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14701          40 App.:402.            Pub. L. 89-4, title IV, Sec. 
                                            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.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization 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.

-End-

-CITE-
    40 USC Sec. 14702                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 147 - MISCELLANEOUS

-HEAD-
    Sec. 14702. Nondiscrimination

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1278.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14702          40 App.:223 note.       Pub. L. 92-65, title II,     
                                            Sec. 214, Aug. 5, 1971, 85  
                                            Stat. 173.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14703                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 147 - MISCELLANEOUS

-HEAD-
    Sec. 14703. Authorization of appropriations

-STATUTE-
      (a) In General. - In addition to amounts authorized by section
    14501 of this title and other amounts made available for the
    Appalachian development highway system program, the following
    amounts may be appropriated to the Appalachian Regional Commission
    to carry out this subtitle:
        (1) $88,000,000 for each of the fiscal years 2002-2004.
        (2) $90,000,000 for fiscal year 2005.
        (3) $92,000,000 for fiscal year 2006.

      (b) Telecommunications and Technology Initiative. - Of the
    amounts made available under subsection (a), the following amounts
    are available to carry out section 14504 of this title:
        (1) $10,000,000 for fiscal year 2002.
        (2) $8,000,000 for fiscal year 2003.
        (3) $5,000,000 for each of the fiscal years 2004-2006.

      (c) Availability. - Amounts made available under subsection (a)
    remain available until expended.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1278.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14703          40 App.:401.            Pub. L. 89-4, title IV, Sec. 
                                            401, Mar. 9, 1965, 79 Stat. 
                                            21; Pub. L. 90-103, title I,
                                            Sec. 122, Oct. 11, 1967, 81 
                                            Stat. 266; Pub. L. 91-123,  
                                            title I, Sec. 109, Nov. 25, 
                                            1969, 83 Stat. 215; Pub. L. 
                                            92-65, title II, Sec. 212,  
                                            Aug. 5, 1971, 85 Stat. 172; 
                                            Pub. L. 94-188, title I,    
                                            Sec. 121, Dec. 31, 1975, 89 
                                            Stat. 1086; Pub. L. 96-506, 
                                            Sec. 3(5), Dec. 8, 1980, 94 
                                            Stat. 2746; Pub. L. 97-35,  
                                            title XVIII, Sec.           
                                            1822(a)(3), (4), Aug. 13,   
                                            1981, 95 Stat. 767; Pub. L  
                                            105-393, title II, Sec. 221,
                                            Nov. 13, 1998, 112 Stat.    
                                            3625; Pub. L. 107-149, Sec. 
                                            10, Mar. 12, 2002, 116 Stat.
                                            70.                         
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 14704                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT
    CHAPTER 147 - MISCELLANEOUS

-HEAD-
    Sec. 14704. Termination

-STATUTE-
      This subtitle, except sections 14102(a)(1) and (b) and 14501,
    ceases to be in effect on October 1, 2006.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1278.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    14704          40 App.:405.            Pub. L. 89-4, title IV, Sec. 
                                            405, Mar. 9, 1965, 79 Stat. 
                                            23; Pub. L. 91-123, title I,
                                            Sec. 111, Nov. 25, 1969, 83 
                                            Stat. 216; Pub. L. 92-65,   
                                            title II, Sec. 213, Aug. 5, 
                                            1971, 85 Stat. 173; Pub. L. 
                                            94-188, title I, Sec.       
                                            122(a), Dec. 31, 1975, 89   
                                            Stat. 1086; Pub. L. 96-506, 
                                            Sec. 3(6), Dec. 8, 1980, 94 
                                            Stat. 2746; Pub. L. 105-178,
                                            title I, Sec. 1222(b) (1st  
                                            sentence), June 9, 1998, 112
                                            Stat. 224; Pub. L. 105-393, 
                                            title II, Sec. 222, Nov. 13,
                                            1998, 112 Stat. 3625; Pub.  
                                            L. 107-149, Sec. 12, Mar.   
                                            12, 2002, 116 Stat. 71.     
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC SUBTITLE V - MISCELLANEOUS                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS

-HEAD-
    SUBTITLE V - MISCELLANEOUS

-MISC1-
    Chapter                                                          Sec.
    171.    SAFETY STANDARDS FOR MOTOR VEHICLES                    17101
    173.    GOVERNMENT LOSSES IN SHIPMENT                          17301
    175.    FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL              17501
    177.    ALASKA COMMUNICATIONS DISPOSAL                         17701
    179.    ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP         17901
    181.    TELECOMMUNICATIONS ACCESSIBILITY FOR
             HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS      18101
    183.    NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS   18301

-End-

-CITE-
    40 USC CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES

-HEAD-
             CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES         

-MISC1-
    Sec.                                                     
    17101.      Definitions.                                          
    17102.      Prohibition on acquisition or purchase of motor
                 vehicles by Federal Government.                      
    17103.      Commercial standards for passenger safety devices.    

-End-

-CITE-
    40 USC Sec. 17101                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES

-HEAD-
    Sec. 17101. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Federal government. - The term "Federal Government"
      includes the government of the District of Columbia.
        (2) Motor vehicle. - The term "motor vehicle" means a vehicle,
      self-propelled or drawn by mechanical power, designed for use on
      the highways principally for the transportation of passengers,
      except a vehicle designed or used for military field training,
      combat, or tactical purposes.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1279.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17101          40:703.                 Pub. L. 88-515, Sec. 3, Aug. 
                                            30, 1964, 78 Stat. 696.     
    --------------------------------------------------------------------

      In clause (1), the words "the legislative, executive, and
    judicial branches of the Government of the United States" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 17102                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES

-HEAD-
    Sec. 17102. Prohibition on acquisition or purchase of motor
      vehicles by Federal Government

-STATUTE-
      The Federal Government shall not purchase a motor vehicle for use
    by the Government unless that motor vehicle is equipped with
    reasonable passenger safety devices that the Administrator of
    General Services requires. Those devices shall conform with
    standards the Administrator prescribes under section 17103 of this
    title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1279.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17102          40:701.                 Pub. L. 88-515, Sec. 1, Aug. 
                                            30, 1964, 78 Stat. 696.     
    --------------------------------------------------------------------

      The words "manufactured on or after the effective date of this
    section" are omitted as executed.

-End-

-CITE-
    40 USC Sec. 17103                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 171 - SAFETY STANDARDS FOR MOTOR VEHICLES

-HEAD-
    Sec. 17103. Commercial standards for passenger safety devices

-STATUTE-
      The Administrator of General Services shall prescribe and publish
    in the Federal Register commercial standards for passenger safety
    devices the Administrator requires under section 17102 of this
    title. Changes in the standards take effect one year and 90 days
    after the publication of the standards in the Federal Register.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1279.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17103          40:701 note.            Pub. L. 88-515, Secs. 2, 4,  
                                            Aug. 30, 1964, 78 Stat. 696.
                   40:702.                                              
    --------------------------------------------------------------------

      The first sentence of section 4 of the Act of August 30, 1964,
    and 40:702 (last sentence) are omitted as executed.

-End-

-CITE-
    40 USC CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT          01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
                CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT            

-MISC1-
    Sec.                                                     
    17301.      Definitions.                                          
    17302.      Compliance.                                           
    17303.      Fund for the payment of Government losses in shipment.
    17304.      Claim for replacement.                                
    17305.      Replacing lost, destroyed, or damaged stamps,
                 securities, obligations, or money.                   
    17306.      Agreements of indemnity.                              
    17307.      Purchase of insurance.                                
    17308.      Presumption of lawful conduct.                        
    17309.      Rules and regulations.                                

-End-

-CITE-
    40 USC Sec. 17301                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17301. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Replacement. - The term "replacement" means payment,
      reimbursement, replacement, or duplication or the expenses
      incident to payment, reimbursement, replacement, or duplication.
        (2) Shipment. - The term "shipment" - 
          (A) means the transportation, or the effecting of
        transportation, of valuables, without limitation as to the
        means or facilities used or by which the transportation is
        effected or the person to whom it is made; and
          (B) includes shipments made to any executive department,
        independent establishment, agency, wholly owned or mixed-
        ownership Government corporation, officer, or employee of the
        Federal Government, or any person acting on behalf of, or at
        the direction of, the executive department, independent
        establishment, agency, wholly or partly owned Government
        corporation, officer, or employee.

        (3) Valuables. - 
          (A) Definition. - The term "valuables" means any articles or
        things or representatives of value - 
            (i) in which the Government, its executive departments,
          independent establishments, and agencies, including wholly
          owned Government corporations, and officers and employees of
          the Government or its executive departments, independent
          establishments, and agencies while acting in their official
          capacity, have any interest, or in connection with which they
          have any obligation or responsibility; and
            (ii) which the Secretary of the Treasury declares to be
          valuables within the meaning of this chapter.

          (B) Requirement for declaring articles or things valuable. -
        The Secretary shall not declare articles or things that are
        lost, destroyed, or damaged in the course of shipment to be
        valuables unless the Secretary determines that replacement of
        the articles or things in accordance with the procedure
        established in this chapter would be in the public interest.

        (4) Wholly owned government corporation. - The term "wholly
      owned Government corporation" - 
          (A) means any corporation, regardless of the law under which
        it is incorporated, the capital of which is entirely owned by
        the Government; and
          (B) includes the authorized officers, employees, and agents
        of the corporation.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1280.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17301(1)       40:729(d).              July 8, 1937, ch. 444, Sec.  
                                            7, 50 Stat. 480; Aug. 10,   
                                            1939, ch. 665, Sec.3, 53    
                                            Stat. 1359.                 
    17301(2)       40:729(b).                                           
    17301(3)       40:729(a).                                           
    17301(4)       40:729(c).                                           
    --------------------------------------------------------------------

      In this chapter, the words "wholly owned Government corporation"
    are substituted for "wholly owned corporation" for consistency in
    the revised title and with other titles of the United States Code.
      In clause (3)(A)(i), the words "direct or indirect" are omitted
    as unnecessary.
      In clause (4)(A), the words "or laws" are omitted because of 1:1.
    The words "directly or indirectly" are omitted as unnecessary.
      In clause (4)(B), the word "duly" is omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 17302                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17302. Compliance

-STATUTE-
      (a) Prescribing Regulations. - With the approval of the
    President, the Secretary of the Treasury and the United States
    Postal Service jointly shall prescribe regulations governing the
    shipment of valuables by an executive department, independent
    establishment, agency, wholly owned Government corporation,
    officer, or employee of the Federal Government, with a view to
    minimizing the risk of loss and destruction of, and damage to,
    valuables in shipment.
      (b) Compliance. - Each executive department, independent
    establishment, agency, wholly owned Government corporation,
    officer, and employee of the Government, and each person acting
    for, or at the direction of, the executive department, independent
    establishment, agency, wholly owned Government corporation,
    officer, or employee, must comply with the regulations when making
    any shipment of valuables.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1280.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17302          40:721.                 July 8, 1937, ch. 444, Sec.  
                                            1, 50 Stat. 479.            
    --------------------------------------------------------------------

      In subsection (a), the words "As soon as practicable after July
    8, 1937" are omitted as obsolete. The words "United States Postal
    Service" are substituted for "Postmaster General" in section 1 of
    the Government Losses in Shipment Act (ch. 444, 50 Stat. 479)
    because of section 4(a) of the Postal Reorganization Act (Public
    Law 91-375, 84 Stat. 773).
      In subsection (b), the words "After the effective date of such
    regulations, which shall be not more than thirty days after their
    issuance" are omitted as obsolete.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For power of Secretary of the Treasury and United States Postal
    Service to prescribe, without approval of President, regulations
    under section 721 of former Title 40, Public Buildings, Property,
    and Works (which was repealed and reenacted as this section by Pub.
    L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304),
    see section 3(a) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R.
    9499, set out as a note under section 301 of Title 3, The
    President.

-End-

-CITE-
    40 USC Sec. 17303                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17303. Fund for the payment of Government losses in shipment

-STATUTE-
      (a) Establishment. - There is a revolving fund in the Treasury
    known as "the fund for the payment of Government losses in
    shipment".
      (b) Use. - The fund shall be used for the replacement of
    valuables, or the value of valuables, lost, destroyed, or damaged
    while being shipped in accordance with regulations prescribed under
    section 17302 of this title.
      (c) Unavailability. - The fund is not available with respect to
    any loss, destruction, or damage affecting valuables - 
        (1) that relates to property of the United States Postal
      Service that is chargeable to its officers or employees; or
        (2) of which shipment shall have been made at the risk of
      persons other than the Federal Government and the executive
      departments, independent establishments, agencies, wholly owned
      Government corporations, officers and employees of the
      Government.

      (d) Crediting of Recoveries and Repayments. - All recoveries and
    repayments on account of loss, destruction, or damage to valuables
    for which replacement is made out of the fund shall be credited to
    it and are available for the purposes of the fund.
      (e) Appropriations. - Necessary amounts are appropriated for the
    fund.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1281.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17303(a)       40:722 (3d sentence     July 8, 1937, ch. 444, Sec.  
                    words before 2d         2, 50 Stat. 479.            
                    comma).                                             
    17303(b)       40:722 (1st                                          
                    sentence words                                      
                    after 5th comma).                                   
                   40:723 (2d sentence     July 8, 1937, ch. 444, Sec.  
                    2d proviso).            3 (2d sentence 2d, last     
                                            provisos, last sentence), 50
                                            Stat. 480; Aug. 10, 1939,   
                                            ch. 665, Sec. 1, 53 Stat.   
                                            1358; Pub. L. 91-375, Sec.  
                                            6(m)(4), Aug. 12, 1970, 84  
                                            Stat. 782.                  
    17303(c)       40:723 (2d sentence                                  
                    last proviso).                                      
    17303(d)       40:723 (last                                         
                    sentence).                                          
    17303(e)       40:722 (1st                                          
                    sentence words                                      
                    before 5th comma,                                   
                    2d sentence, 3d                                     
                    sentence words                                      
                    after 2d comma,                                     
                    last sentence).                                     
                   40:722a.                Pub. L. 103-329, title I     
                                            (par. under heading "Payment
                                            of Government Losses in     
                                            Shipment"), Sept. 30, 1994, 
                                            108 Stat. 2387.             
    --------------------------------------------------------------------

      In subsection (a), the words "(hereinafter referred to as 'the
    fund')" are omitted as unnecessary.
      In subsection (b), the text of 40:723 (2d sentence 2d proviso) is
    omitted as obsolete.
      In subsection (e), the text of 40:722 (1st sentence words before
    5th comma, 2d sentence, 3d sentence words after 2d comma, and last
    sentence) and the words "Beginning in fiscal year 1995 and
    thereafter" in 40:722a are omitted as obsolete. The words "for the
    fund" are substituted for "to make payments for the replacement of
    valuables, or the value thereof, lost, destroyed, or damaged in the
    course of shipments effected pursuant to section 721 of this title"
    for clarity and to eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 17304                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17304. Claim for replacement

-STATUTE-
      (a) Presentation of Claim. - When valuables that have been
    shipped in accordance with regulations prescribed under section
    17302 of this title are lost, destroyed, or damaged, a claim in
    writing for replacement shall be made on the Secretary of the
    Treasury.
      (b) Decision of the Secretary of the Treasury. - 
        (1) Replacement made from fund. - If the Secretary is satisfied
      that the loss, destruction, or damage has occurred and that
      shipment was made substantially in accordance with the
      regulations, the Secretary shall have replacement be made out of
      the fund described in section 17303 of this title through an
      officer the Secretary designates.
        (2) Replacement made by credit. - When the Secretary decides
      that any part of the replacement can be made, without actual or
      ultimate injury to the Federal Government, by a credit in the
      accounts of the executive department, independent establishment,
      agency, officer, employee, or other accountable person making the
      claim, the Secretary shall - 
          (A) certify the decision to the Comptroller General who, on
        receiving the certification, shall make the credit in the
        settlement of accounts in the Government Accountability Office;
        and
          (B) use the fund only to the extent that the replacement
        cannot be made by the credit.

      (c) Decision of Secretary Not Reviewable. - The decision of the
    Secretary that a loss, destruction, or damage has occurred or that
    a shipment was made substantially in accordance with regulations is
    final and conclusive and is not subject to review by any other
    officer of the Government.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1281; Pub. L. 108-271,
    Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17304(a),      40:723 (1st             July 8, 1937, ch. 444, Sec.  
     (b)(1)         sentence).              3 (1st sentence, 2d sentence
                                            words before 2d proviso), 50
                                            Stat. 479.                  
    17304(b)(2)    40:723 (2d sentence                                  
                    1st proviso).                                       
    17304(c)       40:723 (2d sentence                                  
                    words before 1st                                    
                    proviso).                                           
    --------------------------------------------------------------------

      In subsection (c), the words "Notwithstanding any provision of
    law to the contrary" are omitted as unnecessary.

                                AMENDMENTS                            
      2004 - Subsec. (b)(2)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-

-CITE-
    40 USC Sec. 17305                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17305. Replacing lost, destroyed, or damaged stamps,
      securities, obligations, or money

-STATUTE-
      Stamps, securities, or other obligations of the Federal
    Government, or money lost, destroyed, or damaged while in the
    custody or possession of, or charged to, the United States Postal
    Service while it is acting as agent for, or on behalf of, the
    Secretary of the Treasury for the sale of the stamps, securities,
    or obligations and for the collection of the money, shall be
    replaced out of the fund described in section 17303 of this title
    under regulations the Secretary may prescribe, regardless of how
    the loss, destruction, or damage occurs.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17305          40:724.                 July 8, 1937, ch. 444, Sec.  
                                            3a, as added Aug. 10, 1939, 
                                            ch. 665, Sec. 2, 53 Stat.   
                                            1358; Pub. L. 91-375, Sec.  
                                            6(m)(5), Aug. 12, 1970, 84  
                                            Stat. 783.                  
    --------------------------------------------------------------------

      The words "occurring heretofore or hereafter, but not prior to
    February 4, 1935" are omitted as obsolete. The words "United States
    Postal Service" are substituted for "Post Office Department or
    Postal Service" in section 3a of the Government Losses in Shipment
    Act (ch. 444), as added by section 2 of the Act of August 10, 1939
    (ch. 665, 53 Stat. 1358), because of sections 4(a) and 6(o) of the
    Postal Reorganization Act (Public Law 91-375, 84 Stat. 773, 783).
    The words "Secretary of the Treasury" are substituted for "Treasury
    Department" because of 31:301(b).

-End-

-CITE-
    40 USC Sec. 17306                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17306. Agreements of indemnity

-STATUTE-
      (a) Definition. - In this section, the term "Federal Government"
    includes wholly owned Government corporations, and officers and
    employees of the Government or its executive departments,
    independent establishments, and agencies while acting in their
    official capacity.
      (b) Authority To Make Agreement. - The Secretary of the Treasury
    may make and deliver, on behalf of the Federal Government, a
    binding agreement of indemnity the Secretary considers necessary
    and proper to enable the Government to obtain the replacement of
    any instrument or document - 
        (1) received by the Government or an agent of the Government in
      the agent's official capacity; and
        (2) which, after having been received, is lost, destroyed, or
      so mutilated as to impair its value.

      (c) When Federal Government Not Obligated. - The Government is
    not obligated under an agreement of indemnity if the obligee named
    in the agreement makes a payment or delivery not required by law on
    the original of the instrument or document covered by the
    agreement.
      (d) Use of Fund for the Payment of Government Losses in Shipment.
    - The fund described in section 17303 of this title is available to
    pay any obligation arising out of an agreement the Secretary makes
    under this section.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17306(a)       40:729(a) (last         July 8, 1937, ch. 444, Sec.  
                    sentence).              7(a) (last sentence), 50    
                                            Stat. 480; Aug. 10, 1939,   
                                            ch. 665, Sec. 3, 53 Stat.   
                                            1359.                       
    17306(b)       40:725 (1st             July 8, 1937, ch. 444, Sec.  
                    sentence words          3b, as added Aug. 10, 1939, 
                    before proviso).        ch. 665, Sec. 2, 53 Stat.   
                                            1359.                       
    17306(c)       40:725 (1st                                          
                    sentence proviso).                                  
    17306(d)       40:725 (last                                         
                    sentence).                                          
    --------------------------------------------------------------------

      

-End-

-CITE-
    40 USC Sec. 17307                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17307. Purchase of insurance

-STATUTE-
      An executive department, independent establishment, agency,
    wholly owned Government corporation, officer, or employee may
    expend money, or incur an obligation, for insurance, or for the
    payment of premiums on insurance, against loss, destruction, or
    damage in the shipment of valuables only as specifically authorized
    by the Secretary of the Treasury. The Secretary may give the
    authorization if the Secretary finds that the risk of loss,
    destruction, or damage in the shipment cannot be guarded against
    adequately by the facilities of the Federal Government or that
    adequate replacement cannot be provided under this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17307          40:726.                 July 8, 1937, ch. 444, Sec.  
                                            4, 50 Stat. 480.            
    --------------------------------------------------------------------

      The words "On and after the effective date of the regulations
    prescribed under section 721 of this title" are omitted as
    obsolete. The words "the circumstances are such that" are omitted
    as unnecessary.

-End-

-CITE-
    40 USC Sec. 17308                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17308. Presumption of lawful conduct

-STATUTE-
      For purposes of the propriety of an act or omission related to a
    shipment to which the regulations prescribed under section 17302 of
    this title apply, every officer and employee of the Federal
    Government and every individual acting on behalf of a wholly owned
    Government corporation who makes a shipment of valuables in good
    faith under, and substantially in accordance with, the regulations
    is deemed to be acting in the faithful execution of the officer's,
    employee's, or individual's duties of office and in full
    performance of any conditions of the officer's, employee's, or
    individual's bond and oath of office.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17308          40:727.                 July 8, 1937, ch. 444, Sec.  
                                            5, 50 Stat. 480.            
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17309                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-
    Sec. 17309. Rules and regulations

-STATUTE-
      (a) General Authority. - With the approval of the President, the
    Secretary of the Treasury may prescribe regulations necessary to
    carry out the duties and powers vested in the Secretary under this
    chapter.
      (b) Providing Information. - To carry out subsection (a), the
    Secretary may require a person making a shipment of valuables or a
    claim for replacement to make a declaration or to provide other
    information the Secretary considers necessary.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17309(a)       40:728 (words           July 8, 1937, ch. 444, Sec.  
                    before 3d comma).       6, 50 Stat. 480.            
    17309(b)       40:728 (words after                                  
                    3d comma).                                          
    --------------------------------------------------------------------

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Treasury of authority vested
    in President by section 728 of former Title 40, Public Buildings,
    Property, and Works (which was repealed and reenacted as this
    section by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
    1062, 1304), see section 2(a) of Ex. Ord. No. 10289, eff. Sept. 17,
    1951, 16 F.R. 9409, set out as a note under section 301 of Title 3,
    The President.

-End-

-CITE-
    40 USC CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE
           CONTROL                                         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
          CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL      

-MISC1-
    Sec.                                                     
    17501.      Definitions.                                          
    17502.      Monitoring system.                                    
    17503.      Data collection.                                      
    17504.      Agency statements with respect to motor vehicle use.  
    17505.      Presidential report.                                  
    17506.      Reduction of storage and disposal costs.              
    17507.      Savings.                                              
    17508.      Compliance.                                           
    17509.      Applicability.                                        
    17510.      Cooperation.                                          

-End-

-CITE-
    40 USC Sec. 17501                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17501. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Executive agency. - The term "executive agency" - 
          (A) means an executive agency (as that term is defined in
        section 105 of title 5) that operates at least 300 motor
        vehicles; but
          (B) does not include the Tennessee Valley Authority.

        (2) Motor vehicle. - The term "motor vehicle" means - 
          (A) a vehicle self-propelled or drawn by mechanical power;
        but not
          (B) a vehicle designed or used for military field training,
        combat, or tactical purposes, or any other special purpose
        vehicle exempted from the requirements of this chapter by the
        Administrator of General Services.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17501          40:913.                 Pub. L. 99-272, title XV,    
                                            Sec. 15313, Apr. 7, 1986,   
                                            100 Stat. 338.              
    --------------------------------------------------------------------

      In this section, the text of 40:913(2)-(4) is omitted as
    unnecessary because the complete names of the Director of the
    Office of Management and Budget, the Administrator of General
    Services, and the Comptroller General of the United States are used
    the first time the terms appear in a section.
      Before clause (1), the words "this chapter" were in the original
    "this title", meaning title XV (Secs. 15101 to 15313) of the
    Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
    99-272, 100 Stat. 330). In clause (2)(B), the words "this chapter"
    are substituted for "this part" as the probable intent of Congress
    because title XV of the Act does not contain part designations and
    the intention was probably to refer to title XV, which is restated
    as this chapter.

-End-

-CITE-
    40 USC Sec. 17502                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17502. Monitoring system

-STATUTE-
      The head of each executive agency shall designate one office,
    officer, or employee of the agency - 
        (1) to establish and operate a central monitoring system for
      the motor vehicle operations of the agency, related activities,
      and related reporting requirements; and
        (2) provide oversight of those operations, activities, and
      requirements.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17502          40:901.                 Pub. L. 99-272, title XV,    
                                            Sec. 15301, Apr. 7, 1986,   
                                            100 Stat. 335.              
    --------------------------------------------------------------------

      In this chapter, the words "executive agency" are substituted for
    "executive agency, including the Department of Defense" to
    eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 17503                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17503. Data collection

-STATUTE-
      (a) Cost Identification and Analysis. - The head of each
    executive agency shall develop a system to identify, collect, and
    analyze data with respect to all costs (including obligations and
    outlays) the agency incurs in the operation, maintenance,
    acquisition, and disposition of motor vehicles, including vehicles
    owned or leased by the Federal Government and privately owned
    vehicles used for official purposes.
      (b) Requirements for Data Systems. - 
        (1) Scope of requirements. - In cooperation with the
      Comptroller General of the United States and the Director of the
      Office of Management and Budget, the Administrator of General
      Services shall prescribe requirements governing the establishment
      and operation by executive agencies of the systems required by
      subsection (a), including requirements with respect to data on
      the costs and uses of motor vehicles and with respect to the
      uniform collection and submission of the data.
        (2) Conformity with principles and standards. - Requirements
      prescribed under this section shall conform to accounting
      principles and standards issued by the Comptroller General. Each
      executive agency shall comply with those requirements.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1284.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17503          40:902.                 Pub. L. 99-272, title XV,    
                                            Sec. 15302, Apr. 7, 1986,   
                                            100 Stat. 335.              
    --------------------------------------------------------------------

      In subsection (a), the words "including vehicles owned or leased
    by the Federal Government and privately owned vehicles" are
    substituted for "Government-owned vehicles, leased vehicles, and
    privately owned vehicles" for clarity.

-End-

-CITE-
    40 USC Sec. 17504                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17504. Agency statements with respect to motor vehicle use

-STATUTE-
      (a) Contents of Statement. - The head of each executive agency
    shall include with the appropriation request the agency submits
    under section 1108 of title 31 for each fiscal year, a statement - 
        (1) specifying - 
          (A) the total motor vehicle acquisition, maintenance,
        leasing, operation, and disposal costs (including obligations
        and outlays) the agency incurred in the most recently completed
        fiscal year; and
          (B) an estimate of those costs for the fiscal year in which
        the request is submitted and for the succeeding fiscal year;
        and

        (2) justifying why the existing and any new motor vehicle
      acquisition, maintenance, leasing, operation, and disposal
      requirements of the agency cannot be met through the Interagency
      Fleet Management System the Administrator of General Services
      operates, a qualified private fleet management firm, or any other
      method which is less costly to the Federal Government.

      (b) Compliance With Requirements. - The head of each executive
    agency shall comply with the requirements prescribed under section
    17503(b) of this title in preparing each statement required under
    subsection (a).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1284; Pub. L. 109-284,
    Sec. 6(32), Sept. 27, 2006, 120 Stat. 1214.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17504          40:903.                 Pub. L. 99-272, title XV,    
                                            Sec. 15303, Apr. 7, 1986,   
                                            100 Stat. 336.              
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-284 substituted "With" for "with"
    in heading.

-End-

-CITE-
    40 USC Sec. 17505                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17505. Presidential report

-STATUTE-
      (a) Summary and Analysis of Agency Statements. - The President
    shall include with the budget transmitted under section 1105 of
    title 31 for each fiscal year, or in a separate written report to
    Congress for that fiscal year, a summary and analysis of the
    statements most recently submitted by the heads of executive
    agencies pursuant to section 17504(a) of this title.
      (b) Contents of Summary and Analysis. - Each summary and analysis
    shall include a review, for the fiscal year preceding the fiscal
    year in which the budget is submitted, the current fiscal year, and
    the fiscal year for which the budget is submitted, of the cost
    savings that have been achieved, that are estimated will be
    achieved, and that could be achieved, in the acquisition,
    maintenance, leasing, operation, and disposal of motor vehicles by
    executive agencies through - 
        (1) the use of a qualified private fleet management firm or
      another private contractor;
        (2) increased reliance by executive agencies on the Interagency
      Fleet Management System the Administrator of General Services
      operates; or
        (3) other existing motor vehicle management systems.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1284.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17505          40:904.                 Pub. L. 99-272, title XV,    
                                            Sec. 15304, Apr. 7, 1986,   
                                            100 Stat. 336.              
    --------------------------------------------------------------------

      The text of 40:904(b) is omitted as executed.

-End-

-CITE-
    40 USC Sec. 17506                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17506. Reduction of storage and disposal costs

-STATUTE-
      The Administrator of General Services shall take such actions as
    may be necessary to reduce motor vehicle storage and disposal costs
    and to improve the rate of return on motor vehicle sales through a
    program of vehicle reconditioning prior to sale.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1285.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17506          40:907.                 Pub. L. 99-272, title XV,    
                                            Sec. 15307, Apr. 7, 1986,   
                                            100 Stat. 337.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17507                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17507. Savings

-STATUTE-
      (a) Actions by President Required. - The President shall
    establish, for each executive agency, goals to reduce outlays for
    the operation, maintenance, leasing, acquisition, and disposal of
    motor vehicles in order to reduce, by fiscal year 1988, the total
    amount of outlays by all executive agencies for the operation,
    maintenance, leasing, acquisition, and disposal of motor vehicles
    to an amount which is $150,000,000 less than the amount for the
    operation, maintenance, leasing, acquisition, and disposal of motor
    vehicles requested by the President in the budget submitted under
    section 1105 of title 31 for fiscal year 1986.
      (b) Monitoring of Compliance. - The Director of the Office of
    Management and Budget shall monitor compliance by executive
    agencies with the goals established by the President under
    subsection (a) and shall include, in each summary and analysis
    required under section 17505 of this title, a statement specifying
    the reductions in expenditures by executive agencies, including the
    Department of Defense, achieved under those goals.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1285.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17507          40:908.                 Pub. L. 99-272, title XV,    
                                            Sec. 15308, Apr. 7, 1986,   
                                            100 Stat. 337.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17508                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17508. Compliance

-STATUTE-
      (a) Administrator of General Services. - The Administrator of
    General Services shall comply with and be subject to this chapter
    with regard to all motor vehicles that are used within the General
    Services Administration for official purposes.
      (b) Managers of Other Motor Pools. - This chapter with respect to
    motor vehicles from the Interagency Fleet Management System shall
    be complied with by the executive agencies to which such motor
    vehicles are assigned.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1285.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17508          40:909.                 Pub. L. 99-272, title XV,    
                                            Sec. 15309, Apr. 7, 1986,   
                                            100 Stat. 338.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17509                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17509. Applicability

-STATUTE-
      (a) Priority in Reducing Headquarters Use. - The heads of
    executive agencies shall give first priority to meeting the goals
    established by the President under section 17507(a) of this title
    by reducing the costs of administrative motor vehicles used at the
    headquarters and regional headquarters of executive agencies,
    rather than by reducing the costs of motor vehicles used by line
    agency personnel working in agency field operations or activities.
      (b) Regulations, Standards, and Definitions. - The President
    shall require the Administrator of General Services, in cooperation
    with the Director of the Office of Management and Budget, to
    prescribe appropriate regulations, standards, and definitions to
    ensure that executive agencies meet the goals established under
    section 17507(a) of this title in the manner prescribed by
    subsection (a).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1285.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17509          40:910.                 Pub. L. 99-272, title XV,    
                                            Sec. 15310, Apr. 7, 1986,   
                                            100 Stat. 338.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17510                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 175 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

-HEAD-
    Sec. 17510. Cooperation

-STATUTE-
      The Director of the Office of Management and Budget and the
    Administrator of General Services shall cooperate closely in the
    implementation of this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1286.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17510          40:911.                 Pub. L. 99-272, title XV,    
                                            Sec. 15311, Apr. 7, 1986,   
                                            100 Stat. 338.              
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL         01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
               CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL           

-MISC1-
    Sec.                                                     
    17701.      Definitions.                                          
    17702.      Transfer of Government-owned long-lines communication
                 facilities in and to Alaska.                         
    17703.      National defense considerations and qualification of
                 transferee.                                          
    17704.      Contents of agreements for transfer.                  
    17705.      Approval of Federal Communications Commission.        
    17706.      Gross proceeds as miscellaneous receipts in the
                 Treasury.                                            
    17707.      Reports.                                              
    17708.      Nonapplication.                                       

-End-

-CITE-
    40 USC Sec. 17701                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17701. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Agency concerned. - The term "agency concerned" means a
      department, agency, wholly owned corporation, or instrumentality
      of the Federal Government.
        (2) Long-lines communication facilities. - The term "long-lines
      communication facilities" means the transmission systems
      connecting points inside the State with each other and with
      points outside the State by radio or wire, and includes all kinds
      of property and rights of way necessary to accomplish this
      interconnection.
        (3) Transfer. - The term "transfer" means the conveyance by the
      Government of any element of ownership, including any estate or
      interest in property, and franchise rights, by sale, exchange,
      lease, easement, or permit, for cash, credit, or other property
      with or without warranty.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1286.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17701          40:771.                 Pub. L. 90-135, title I,     
                                            Sec. 101, Nov. 14, 1967, 81 
                                            Stat. 441.                  
    --------------------------------------------------------------------

      In clause (1), the word "including" is substituted for "including
    but not restricted to" to eliminate unnecessary words. The word
    "estate" is omitted as being included in "interest".

-End-

-CITE-
    40 USC Sec. 17702                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17702. Transfer of Government-owned long-lines communication
      facilities in and to Alaska

-STATUTE-
      (a) In General. - 
        (1) Authority of the secretary of defense. - 
          (A) Requirements prior to transfer. - Subject to section
        17703 of this title and with the advice, assistance, and, in
        the case of an agency not under the jurisdiction of the
        Secretary of Defense, the consent of the agency concerned, and
        after approval of the President, the Secretary of Defense shall
        transfer for adequate consideration any or all long-lines
        communication facilities in or to Alaska under the jurisdiction
        of the Federal Government to any person qualifying under
        section 17703.
          (B) Authority to carry out chapter. - The Secretary of
        Defense may take action and exercise powers as may be necessary
        or appropriate to carry out the purposes of this chapter.

        (2) Consent of secretary concerned. - An interest in public
      lands, withdrawn or otherwise appropriated, shall not be
      transferred under this chapter without the prior consent of the
      Secretary of the Interior, or, with respect to lands in a
      national forest, of the Secretary of Agriculture.
        (3) Procedures and methods. - The Secretary of Defense shall
      carry out a transfer under this chapter in accordance with the
      procedures and methods required of the Administrator of General
      Services by section 545(a) and (b) of this title.

      (b) Documents of Title or Other Property Interests. - The head of
    the agency concerned (or a designee of the head) shall execute
    documents for the transfer of title or other interest in property,
    except any mineral rights in the property, and take other action
    that the Secretary of Defense decides is necessary or proper to
    transfer the property under this chapter. A copy of a deed, lease,
    or other instrument executed by or on behalf of the head of the
    agency concerned purporting to transfer title or another interest
    in public land shall be provided to the Secretary of the Interior.
      (c) Solicitation of Offers To Purchase Certain Facilities. - In
    connection with soliciting offers to purchase long-lines facilities
    of the Alaska Communication System, the Secretary of Defense shall -
     
        (1) provide any prospective purchaser who requests it data on -
      
          (A) the facilities available for purchase;
          (B) the amounts considered to be the current fair and
        reasonable value of those facilities; and
          (C) the initial rates that will be charged to the purchaser
        for capacity in facilities retained by the Government and
        available for commercial use;

        (2) provide in the request for offers to purchase that offerors
      must specify the rates the offerors propose to charge for service
      and the improvements in service the offerors propose to initiate;
        (3) provide an opportunity for prospective purchasers to meet
      as a group with Department of Defense representatives to ensure
      that the data and public interest requirements described in
      clauses (1) and (2) are fully understood; and
        (4) seek the advice and assistance of the Federal
      Communications Commission and the Governor of Alaska (or a
      designee of the Governor) to ensure consideration of all public
      interest factors associated with the transfer.

      (d) Applicability of Antitrust Provisions. - The requirements of
    section 559 of this title apply to transfers under this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1286.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17702(a)(1)    40:781(1).              Pub. L. 90-135, title I,     
                                            Sec. 201, Nov. 14, 1967, 81 
                                            Stat. 442.                  
    17702(a)(2)    40:781(5).                                           
    17702(a)(3)    40:781(2).                                           
    17702(b)       40:781(4).                                           
    17702(c)       40:781(6).                                           
    17702(d)       40:781(3).                                           
    --------------------------------------------------------------------

      In this chapter, the words "or his designee" are omitted because
    of 10:113.
      In subsection (a)(1)(A), the words "and notwithstanding
    provisions of any other law" are omitted as unnecessary. The words
    "shall transfer" are substituted for "is authorized to and shall
    transfer" for clarity.
      In subsection (c)(4), the words "the Federal Field Committee for
    Development Planning in Alaska" are omitted because the Committee
    has been terminated. See Executive Order No. 11608 (eff. July 19,
    1971).

-End-

-CITE-
    40 USC Sec. 17703                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17703. National defense considerations and qualification of
      transferee

-STATUTE-
      A transfer under this chapter shall not be made unless the
    Secretary of Defense determines that - 
        (1) the Federal Government does not need to retain the property
      involved in the transfer for national defense purposes;
        (2) the transfer is in the public interest;
        (3) the person to whom the transfer is made is prepared and
      qualified to provide the communication service involved in the
      transfer without interruption; and
        (4) the long-lines communication facilities will not directly
      or indirectly be owned, operated, or controlled by a person that
      would legally be disqualified from holding a radio station
      license by section 310(a) of the Communications Act of 1934 (47
      U.S.C. 310(a)).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1287.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17703          40:782.                 Pub. L. 90-135, title I,     
                                            Sec. 202, Nov. 14, 1967, 81 
                                            Stat. 443.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17704                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17704. Contents of agreements for transfer

-STATUTE-
      An agreement by which a transfer is made under this chapter shall
    provide that - 
        (1) subject to regulations of the Federal Communications
      Commission and of any body or commission established by Alaska to
      govern and regulate communications services to the public and all
      applicable statutes, treaties, and conventions, the person to
      whom the transfer is made shall provide the communication
      services involved in the transfer without interruption, except
      those services reserved by the Federal Government in the
      transfer;
        (2) the rates and charges for those services applicable at the
      time of transfer shall not be changed for a period of one year
      from the date of the transfer unless approved by a governmental
      body or commission having jurisdiction; and
        (3) the transfer will not be final until the transferee
      receives the requisite license and certificate of convenience and
      necessity to operate interstate and intrastate commercial
      communications in Alaska from the appropriate governmental
      regulatory bodies.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17704          40:783.                 Pub. L. 90-135, title I,     
                                            Sec. 203, Nov. 14, 1967, 81 
                                            Stat. 443.                  
    --------------------------------------------------------------------

      In clause (1), the word "rules" is omitted as being included in
    "regulations".
      In clause (3), the words "unless and" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 17705                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17705. Approval of Federal Communications Commission

-STATUTE-
      A transfer under this chapter does not require the approval of
    the Federal Communications Commission except to the extent that the
    approval of the Commission is necessary under section 17704(3) of
    this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17705          40:784.                 Pub. L. 90-135, title I,     
                                            Sec. 204, Nov. 14, 1967, 81 
                                            Stat. 443.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17706                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17706. Gross proceeds as miscellaneous receipts in the
      Treasury

-STATUTE-
      The gross proceeds of each transfer shall be deposited in the
    Treasury as miscellaneous receipts.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17706          40:785.                 Pub. L. 90-135, title I,     
                                            Sec. 205, Nov. 14, 1967, 81 
                                            Stat. 443.                  
    --------------------------------------------------------------------

      The words "Notwithstanding the provisions of any other law" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 17707                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17707. Reports

-STATUTE-
      The Secretary of Defense shall report to the Congress and the
    President - 
        (1) in January of each year, the actions taken under this
      chapter during the preceding 12 months; and
        (2) not later than 90 days after completion of each transfer
      under this chapter, a full account of that transfer.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17707          40:786.                 Pub. L. 90-135, title I,     
                                            Sec. 206, Nov. 14, 1967, 81 
                                            Stat. 443.                  
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 17708                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 177 - ALASKA COMMUNICATIONS DISPOSAL

-HEAD-
    Sec. 17708. Nonapplication

-STATUTE-
      This chapter does not modify in any manner the Communications Act
    of 1934 (47 U.S.C. 151 et seq.).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17708          40:791.                 Pub. L. 90-135, title I,     
                                            Sec. 301, Nov. 14, 1967, 81 
                                            Stat. 444.                  
    --------------------------------------------------------------------

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Communications Act of 1934, referred to in text, is act June
    19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified
    principally to chapter 5 (Sec. 151 et seq.) of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code, see section 609 of Title 47
    and Tables.

-End-

-CITE-
    40 USC CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY
           EFFICIENCY SWAP                                 01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-
       CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP   

-MISC1-
    Sec.                                                     
    17901.      Definitions.                                          
    17902.      Sale of electric energy.                              
    17903.      Purchase of electric power.                           
    17904.      Implementation powers and limitations.                

-End-

-CITE-
    40 USC Sec. 17901                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-
    Sec. 17901. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Federal agency. - The term "federal agency" means a
      department, agency, or instrumentality of the Federal Government.
        (2) Federally generated electric energy. - The term "federally
      generated electric energy" means any electric power generated by
      an electric generating facility owned and operated by a federal
      agency.
        (3) Non-federal person. - The term "non-federal person" means a
      corporation, cooperative, municipality, or other non-federal
      entity that generates electric energy through a facility other
      than a federally owned electric generating facility.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1288.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17901          40:795.                 Pub. L. 96-571, Sec. 2, Dec. 
                                            22, 1980, 94 Stat. 3341.    
    --------------------------------------------------------------------

      In clause (1), the definition of "agency" as referring to the
    head of any department, agency, or instrumentality of the United
    States Government is rewritten as a definition of "federal agency"
    to avoid confusion between the role of the "agency" and the "head
    of the agency". Throughout the chapter, the words "head of the
    federal agency" are used when the source provision is referring to
    action taken by an official as opposed to the concept of the agency
    as an institution.
      In clause (3), the text of 40:795(1) and (4) is combined to
    eliminate a definition (40:795(1)) that is used only once.

-End-

-CITE-
    40 USC Sec. 17902                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-
    Sec. 17902. Sale of electric energy

-STATUTE-
      (a) In General. - To conserve oil and natural gas and better
    utilize coal, the head of a federal agency may sell, or enter into
    a contract to sell, to any non-federal person electric energy
    generated by coal-fired electric generating facilities of that
    agency in Alaska without regard to any provision of law that
    precludes the sale when the electric energy to be sold is available
    from other local sources, if the head of the federal agency
    determines that - 
        (1) the electric energy to be sold is generated by an existing
      coal-fired generating facility;
        (2) the electric energy to be sold is surplus to the federal
      agency's needs and is in excess of the electric energy
      specifically generated for consumption by, or necessary to serve
      the requirements of, another federal agency;
        (3) the cost to the ultimate consumers of the electric energy
      to be sold is less than the cost that, in the absence of the
      sale, would be incurred by those consumers for the purchase of an
      equivalent amount of energy; and
        (4) the sale will reduce the total consumption of oil or
      natural gas by the non-federal person purchasing the electric
      energy below the level of consumption that would occur in the
      absence of the sale.

      (b) Pricing Policies. - Federally generated electric energy sold
    by the head of a federal agency under subsection (a) shall be
    priced to recover the fuel and variable operation and maintenance
    costs of the facility generating the energy that are attributable
    to that sale, plus an amount equal to one-half the difference
    between - 
        (1) the costs of producing the electric energy by coal
      generation; and
        (2) the costs of producing electric energy by the oil or gas
      generation being displaced.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1289.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17902          40:795a.                Pub. L. 96-571, Sec. 3, Dec. 
                                            22, 1980, 94 Stat. 3341.    
    --------------------------------------------------------------------

      In subsection (a), the words "to be sold" are added for clarity.
    In clause (4), the words "below the level of consumption that" are
    substituted for "below that consumption which" for clarity.
      In subsection (b), before clause (1), the words "fuel and
    variable operation and maintenance costs of the facility generating
    the energy that are attributable to that sale" are substituted for
    "fuel costs and variable operation and maintenance costs of the
    Federal generating facility concerned which costs are attributable
    to such sale" for clarity.

-End-

-CITE-
    40 USC Sec. 17903                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-
    Sec. 17903. Purchase of electric power

-STATUTE-
      For purposes of economy, efficiency, and conserving oil and
    natural gas, the head of a federal agency, when practicable and
    consistent with other laws and requirements applicable to that
    agency, shall endeavor to purchase electric energy from a non-
    federal person for consumption in Alaska by a facility of that
    agency when (taking into account the remaining useful life of any
    facility available to that agency to generate electric energy for
    that agency and the cost of maintaining the facility on a standby
    basis) the purchase will result in - 
        (1) a savings to other consumers of electric energy sold by
      that non-federal person without increasing the cost incurred by
      any federal agency for electric energy; or
        (2) a cost savings to the federal agency purchasing the
      electric energy without increasing costs to other consumers of
      electric energy.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1289.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17903          40:795b.                Pub. L. 96-571, Sec. 4, Dec. 
                                            22, 1980, 94 Stat. 3342.    
    --------------------------------------------------------------------

      In this section, before clause (1), the words "electric energy"
    are substituted for "electric power" for consistency in the revised
    section.

-End-

-CITE-
    40 USC Sec. 17904                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 179 - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

-HEAD-
    Sec. 17904. Implementation powers and limitations

-STATUTE-
      (a) Accommodation of Needs for Electric Energy. - This chapter
    does not require or authorize a federal agency to construct a new
    electric generating facility or related facility, to modify an
    existing facility, or to employ reserve or standby equipment to
    accommodate the needs of a non-federal person for electric energy.
      (b) Availability of Revenue From Sales. - Revenue received by a
    federal agency pursuant to section 17902 of this title from the
    sale of electric energy generated from a facility of that agency is
    available to the agency without fiscal year limitation to purchase
    fuel and for operation, maintenance, and other costs associated
    with that facility.
      (c) Exercise of Authorities. - The authority under this chapter
    shall be exercised for those periods and pursuant to terms and
    conditions that the head of the federal agency concerned decides
    are necessary consistent with - 
        (1) this chapter; and
        (2) responsibilities of the head of the federal agency under
      other law.

      (d) Negotiation and Execution of Contracts and Other Agreements. -
     A contract or other agreement executed under this chapter shall
    be negotiated and executed by the head of the federal agency
    selling or purchasing electric energy under this chapter.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1290.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    17904          40:795c.                Pub. L. 96-571, Sec. 5, Dec. 
                                            22, 1980, 94 Stat. 3342.    
    --------------------------------------------------------------------

      In subsection (a), the words "federal agency" are substituted for
    "department, agency, or instrumentality of the United States
    Government" because of the definition of "federal agency" in
    section 17901 of this title.
      In subsection (d), the words "notwithstanding any other provision
    of law" are omitted as unnecessary.

-End-

-CITE-
    40 USC CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR
           HEARING-IMPAIRED AND SPEECH-IMPAIRED
           INDIVIDUALS                                     01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                   AND SPEECH-IMPAIRED INDIVIDUALS

-HEAD-
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                      AND SPEECH-IMPAIRED INDIVIDUALS

-MISC1-
    Sec.                                                     
    18101.      Definitions.                                          
    18102.      Federal telecommunications system.                    
    18103.      Research and development.                             
    18104.      TTY installation by Congress.                         

-End-

-CITE-
    40 USC Sec. 18101                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                   AND SPEECH-IMPAIRED INDIVIDUALS

-HEAD-
    Sec. 18101. Definitions

-STATUTE-
      In this chapter - 
        (1) Federal agency. - The term "federal agency" has the same
      meaning given that term in section 102 of this title.
        (2) TTY. - The term "TTY" means a text-telephone used in the
      transmission of coded signals through the nationwide
      telecommunications system.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1290.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18101          40:762.                 Pub. L. 100-542, Sec. 2,     
                                            Oct. 28, 1988, 102 Stat.    
                                            2721.                       
    --------------------------------------------------------------------

-End-

-CITE-
    40 USC Sec. 18102                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                   AND SPEECH-IMPAIRED INDIVIDUALS

-HEAD-
    Sec. 18102. Federal telecommunications system

-STATUTE-
      (a) Regulations To Ensure Accessibility. - The Administrator of
    General Services, after consultation with the Architectural and
    Transportation Barriers Compliance Board, the Interagency Committee
    on Computer Support of Handicapped Employees, the Federal
    Communications Commission, and affected federal agencies, shall
    prescribe regulations to ensure that the federal telecommunications
    system is fully accessible to hearing-impaired and speech-impaired
    individuals, including federal employees, for communications with
    and within federal agencies.
      (b) Federal Relay System. - The Administrator shall provide for
    the continuation of the existing federal relay system for users of
    TTY's.
      (c) Directory. - The Administrator shall assemble, publish, and
    maintain a directory of TTY's and other devices used by federal
    agencies to comply with regulations prescribed under subsection
    (a).
      (d) Publication of Access Numbers. - The Administrator shall
    publish access numbers of TTY's and such other devices in federal
    agency directories.
      (e) Logo. - After consultation with the Board, the Administrator
    shall adopt the design of a standard logo to signify the presence
    of a TTY or other device used by a federal agency to comply with
    regulations prescribed under subsection (a).

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1290.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18102(a)       40:762a(a).             Pub. L. 100-542, Sec. 3,     
                                            Oct. 28, 1988, 102 Stat.    
                                            2721.                       
    18102(b)       40:762a(b)(1).                                       
    18102(c),      40:762a(b)(2)-(5),                                   
     (d)            (c).                                                
    18102(e)       40:762a(b)(6).                                       
    --------------------------------------------------------------------

      In subsection (a), the words "prescribe regulations to ensure"
    are substituted for "by regulation, take such actions in accordance
    with this section as may be necessary to assure" to eliminate
    unnecessary words.
      In subsection (c), the text of 40:762a(b)(2)-(4) and (c) is
    omitted as executed and obsolete. The words "In carrying out
    subsection (a) of this section" are omitted as unnecessary.

-End-

-CITE-
    40 USC Sec. 18103                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                   AND SPEECH-IMPAIRED INDIVIDUALS

-HEAD-
    Sec. 18103. Research and development

-STATUTE-
      (a) Support for Research. - The Administrator of General
    Services, in consultation with the Federal Communications
    Commission, shall seek to promote research by federal agencies,
    state agencies, and private entities to reduce the cost and improve
    the capabilities of telecommunications devices and systems that
    provide accessibility to hearing-impaired and speech-impaired
    individuals.
      (b) Planning To Assimilate Technological Developments. - In
    planning future alterations to and modifications of the federal
    telecommunications system, the Administrator shall take into
    account - 
        (1) modifications that the Administrator determines are
      necessary to achieve the objectives of section 18102(a) of this
      title; and
        (2) technological improvements in telecommunications devices
      and systems that provide accessibility to hearing-impaired and
      speech-impaired individuals.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1291.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18103          40:762b.                Pub. L. 100-542, Sec. 4,     
                                            Oct. 28, 1988, 102 Stat.    
                                            2722.                       
    --------------------------------------------------------------------

      Subsection (b)(1) is substituted for "results of the analysis
    required by section 762a(b)(3) of this title" because
    40:762a(b)(3), which is omitted as executed and obsolete (see the
    revision note for section 18102(b) of the revised title), provided
    for an analysis and report regarding modifications that the
    Administrator determined were necessary to achieve the objectives
    of 40:762a(a), which is restated in section 18102(a) of the revised
    title.

-End-

-CITE-
    40 USC Sec. 18104                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 181 - TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED
                   AND SPEECH-IMPAIRED INDIVIDUALS

-HEAD-
    Sec. 18104. TTY installation by Congress

-STATUTE-
      Each House of Congress shall establish a policy under which
    Members of the House of Representatives and the Senate may obtain
    TTY's for use in communicating with hearing-impaired and speech-
    impaired individuals, and for the use of hearing-impaired and
    speech-impaired employees.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1291.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18104          40:762d.                Pub. L. 100-542, Sec. 6,     
                                            Oct. 28, 1988, 102 Stat.    
                                            2722.                       
    --------------------------------------------------------------------

      The words "As soon as practicable" and "as the case may be" are
    omitted as unnecessary.

-End-

-CITE-
    40 USC CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST
           ARBITRATION STANDARDS                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-MISC1-
    Sec.                                                     
    18301.      Findings and purposes.                                
    18302.      Definitions.                                          
    18303.      Standards for arbitrators.                            
    18304.      Procedures for enforcement of awards.                 

-End-

-CITE-
    40 USC Sec. 18301                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-
    Sec. 18301. Findings and purposes

-STATUTE-
      (a) Findings. - Congress finds that - 
        (1) affordable public transportation is essential to the
      economic vitality of the national capital area and is an
      essential component of regional efforts to improve air quality to
      meet environmental requirements and to improve the health of both
      residents of and visitors to the national capital area as well as
      to preserve the beauty and dignity of the Nation's capital;
        (2) use of mass transit by both residents of and visitors to
      the national capital area is substantially affected by the prices
      charged for mass transit services, prices that are substantially
      affected by labor costs, since more than two-thirds of operating
      costs are attributable to labor costs;
        (3) labor costs incurred in providing mass transit in the
      national capital area have increased at an alarming rate and
      wages and benefits of operators and mechanics currently are among
      the highest in the Nation;
        (4) higher operating costs incurred for public transit in the
      national capital area cannot be offset by increasing costs to
      patrons, since this often discourages ridership and thus
      undermines the public interest in promoting the use of public
      transit;
        (5) spiraling labor costs cannot be offset by the governmental
      entities that are responsible for subsidy payments for public
      transit services since local governments generally, and the
      District of Columbia government in particular, are operating
      under severe fiscal constraints;
        (6) imposition of mandatory standards applicable to arbitrators
      resolving arbitration disputes involving interstate compact
      agencies operating in the national capital area will ensure that
      wage increases are justified and do not exceed the ability of
      transit patrons and taxpayers to fund the increase; and
        (7) federal legislation is necessary under section 8 of Article
      I of the United States Constitution to balance the need to
      moderate and lower labor costs while maintaining industrial
      peace.

      (b) Purpose. - The purpose of this chapter is to adopt standards
    governing arbitration that must be applied by arbitrators resolving
    disputes involving interstate compact agencies operating in the
    national capital area in order to lower operating costs for public
    transportation in the Washington metropolitan area.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1291.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18301          40:1301.                Pub. L. 104-50, title IV,    
                                            Sec. 402, Nov. 15, 1995, 109
                                            Stat. 463.                  
    --------------------------------------------------------------------

      In subsection (a)(7), the reference is to section 8 of article I
    of the United States Constitution to correct an error in the source
    provision.

-End-

-CITE-
    40 USC Sec. 18302                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-
    Sec. 18302. Definitions

-STATUTE-
      In this chapter, the following definitions apply:
        (1) Arbitration. - The term "arbitration" - 
          (A) means the arbitration of disputes, regarding the terms
        and conditions of employment, that is required under an
        interstate compact governing an interstate compact agency
        operating in the national capital area; but
          (B) does not include the interpretation and application of
        rights arising from an existing collective bargaining
        agreement.

        (2) Arbitrator. - The term "arbitrator" refers to either a
      single arbitrator, or a board of arbitrators, chosen under
      applicable procedures.
        (3) Interstate compact agency operating in the national capital
      area. - The term "interstate compact agency operating in the
      national capital area" means any interstate compact agency that
      provides public transit services and that was established by an
      interstate compact to which the District of Columbia is a
      signatory.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1292.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18302          40:1302(1), (2),        Pub. L. 104-50, title IV,    
                    (4), (5).               Sec. 403(1), (2), (4), (5), 
                                            Nov. 15, 1995, 109 Stat. 464.
    --------------------------------------------------------------------

      The text of 40:1302(4) and (5) is combined to eliminate
    unnecessary words.

-End-

-CITE-
    40 USC Sec. 18303                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-
    Sec. 18303. Standards for arbitrators

-STATUTE-
      (a) Definition. - In this section, the term "public welfare"
    includes, with respect to arbitration under an interstate compact -
    
        (1) the financial ability of the individual jurisdictions
      participating in the compact to pay for the costs of providing
      public transit services; and
        (2) the average per capita tax burden, during the term of the
      collective bargaining agreement to which the arbitration relates,
      of the residents of the Washington metropolitan area, and the
      effect of an arbitration award rendered under that arbitration on
      the respective income or property tax rates of the jurisdictions
      that provide subsidy payments to the interstate compact agency
      established under the compact.

      (b) Factors in Making Arbitration Award. - An arbitrator
    rendering an arbitration award involving the employees of an
    interstate compact agency operating in the national capital area
    may not make a finding or a decision for inclusion in a collective
    bargaining agreement governing conditions of employment without
    considering the following factors:
        (1) The existing terms and conditions of employment of the
      employees in the bargaining unit.
        (2) All available financial resources of the interstate compact
      agency.
        (3) The annual increase or decrease in consumer prices for
      goods and services as reflected in the most recent consumer price
      index for the Washington metropolitan area, published by the
      Bureau of Labor Statistics.
        (4) The wages, benefits, and terms and conditions of the
      employment of other employees who perform, in other jurisdictions
      in the Washington standard metropolitan statistical area,
      services similar to those in the bargaining unit.
        (5) The special nature of the work performed by the employees
      in the bargaining unit, including any hazards or the relative
      ease of employment, physical requirements, educational
      qualifications, job training and skills, shift assignments, and
      the demands placed upon the employees as compared to other
      employees of the interstate compact agency.
        (6) The interests and welfare of the employees in the
      bargaining unit, including - 
          (A) the overall compensation presently received by the
        employees, having regard not only for wage rates but also for
        wages for time not worked, including vacations, holidays, and
        other excused absences;
          (B) all benefits received by the employees, including
        previous bonuses, insurance, and pensions; and
          (C) the continuity and stability of employment.

        (7) The public welfare.

      (c) Ability To Finance Salaries and Benefits Provided in Award. -
    An arbitrator rendering an arbitration award involving the
    employees of an interstate compact agency operating in the national
    capital area may not, with respect to a collective bargaining
    agreement governing conditions of employment, provide for salaries
    and other benefits that exceed the ability of the interstate
    compact agency, or of any governmental jurisdiction that provides
    subsidy payments or budgetary assistance to the interstate compact
    agency, to obtain the necessary financial resources to pay for wage
    and benefit increases for employees of the interstate compact
    agency.
      (d) Requirements for Final Award. - 
        (1) Written award. - In resolving a dispute submitted to
      arbitration involving the employees of an interstate compact
      agency operating in the national capital area, the arbitrator
      shall issue a written award that demonstrates that all the
      factors set forth in subsections (b) and (c) have been considered
      and applied.
        (2) Prerequisites. - An award may grant an increase in pay
      rates or benefits (including insurance and pension benefits), or
      reduce hours of work, only if the arbitrator concludes that any
      costs to the agency do not adversely affect the public welfare.
        (3) Substantial evidence. - The arbitrator's conclusion
      regarding the public welfare must be supported by substantial
      evidence.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1292.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18303(a)       40:1302(6).             Pub. L. 104-50, title IV,    
                                            Secs. 403(3), (6), 404, Nov.
                                            15, 1995, 109 Stat. 464.    
    18303(b)-      40:1302(3).                                          
     (d)                                                                
                   40:1303.                                             
    --------------------------------------------------------------------

      The text of 40:1302(3) and 1303(b) is combined because 40:1303(b)
    is the only place the definition of "funding ability" is used in
    the revised chapter.

-End-

-CITE-
    40 USC Sec. 18304                                           01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE V - MISCELLANEOUS
    CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-
    Sec. 18304. Procedures for enforcement of awards

-STATUTE-
      (a) Modifications and Finality of Award. - Within 10 days after
    the parties receive an arbitration award to which section 18303 of
    this title applies, the interstate compact agency and the
    employees, through their representative, may agree in writing on
    any modifications to the award. After the end of that 10-day
    period, the award, and any modifications, become binding on the
    interstate compact agency, the employees in the bargaining unit,
    and the employees' representative.
      (b) Implementation. - Each party to an award that becomes binding
    under subsection (a) shall take all actions necessary to implement
    the award.
      (c) Judicial Review. - Within 60 days after an award becomes
    binding under subsection (a), the interstate compact agency or the
    exclusive representative of the employees concerned may bring a
    civil action in a court that has jurisdiction over the interstate
    compact agency for review of the award. The court shall review the
    award on the record, and shall vacate the award or any part of the
    award, after notice and a hearing, if - 
        (1) the award is in violation of applicable law;
        (2) the arbitrator exceeded the arbitrator's powers;
        (3) the decision by the arbitrator is arbitrary or capricious;
        (4) the arbitrator conducted the hearing contrary to the
      provisions of this chapter or other laws or rules that apply to
      the arbitration so as to substantially prejudice the rights of a
      party;
        (5) there was partiality or misconduct by the arbitrator
      prejudicing the rights of a party;
        (6) the award was procured by corruption, fraud, or bias on the
      part of the arbitrator; or
        (7) the arbitrator did not comply with the provisions of
      section 18303 of this title.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1294.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
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      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    18304          40:1304.                Pub. L. 104-50, title IV,    
                                            Sec. 405, Nov. 15, 1995, 109
                                            Stat. 465.                  
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-End-