40 U.S.C. § 8909 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 89 / Section 8909: Administrative
Administrative
Status: in_force

(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.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8909(a) 
40:1010(a). 
Pub. L. 99–652, §10(a), (c), Nov. 14, 1986, 100 Stat. 3654.

8909(b) 
40:1010(c).

8909(c) 
40:1010(d). 
Pub. L. 99–652, §10(d), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 103–321, §2(g), Aug. 26, 1994, 108 Stat. 1795.

Statutory Notes and Related Subsidiaries

Waiver of Special Use Permit Application Fee for Veterans' Special Events

Pub. L. 117–328, div. DD, title VI, §642, Dec. 29, 2022, 136 Stat. 5612, provided that:

"(a) Definitions.—In this section:

"(1) Member of a gold star family.—The term 'member of a Gold Star Family' means any individual that meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).

"(2) Special events.—The term 'special events' has the meaning given the term in section 7.96(g)(1) of title 36, Code of Federal Regulations (or a successor regulation).

"(3) The district of columbia and its environs.—The term 'the District of Columbia and its environs' has the meaning given the term in section 8902(a) of title 40, United States Code.

"(4) Veteran.—The term 'veteran' has the meaning given the term in section 101 of title 38, United States Code.

"(5) Veterans' special event.—The term 'veterans' special event' means a special event at which the majority of attendees are veterans or members of Gold Star Families.

"(6) War memorial.—The term 'war memorial' means any memorial or monument that has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace.

"(b) Waiver.—The application fee for any application for a special use permit, the sole purpose of which is to hold a veterans' special event at a war memorial on land administered by the National Park Service in the District of Columbia and its environs, shall be waived.

"(c) Applicability of Existing Laws.—Notwithstanding subsection (b), an applicant for a special use permit described in that subsection shall be subject to any other law (including regulations) or policy applicable to the application, issuance, or execution of the special use permit.

"(d) Applicability.—This section shall apply to any special use permit application submitted after the date of enactment of this Act [Dec. 29, 2022]."
40 U.S.C. § 623 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VII / Section 623: Establishment of a Federal Real Property Council
Establishment of a Federal Real Property Council
Status: in_force

(a) Establishment.—There is established a Federal Real Property Council.

(b) Purpose.—The purpose of the Council shall be—

(1) to develop guidance and ensure implementation of an efficient and effective real property management strategy;

(2) to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and

(3) to reduce the costs of managing property of the Federal Government, including operations, maintenance, and security associated with Federal property.

(c) Composition.—

(1) In general.—The Council shall be composed exclusively of—

(A) the senior real property officers of each Federal agency;

(B) the Deputy Director for Management of the Office of Management and Budget;

(C) the Controller of the Office of Management and Budget;

(D) the Administrator; and

(E) any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary.

(2) Chairperson.—The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council.

(3) Executive director.—

(A) In general.—The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council.

(B) Qualifications.—The Executive Director shall—

(i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and

(ii) hold no outside employment that may conflict with duties inherent to the position.

(d) Meetings.—

(1) In general.—The Council shall meet subject to the call of the Chairperson.

(2) Minimum.—The Council shall meet not fewer than 4 times each year.

(e) Duties.—The Council, in consultation with the Director and the Administrator, shall—

(1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed—

(A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis;

(B) to improve the management of real property; and

(C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies;

(2) develop utilization rates consistent throughout each category of space, considering the diverse nature of the Federal portfolio and consistent with nongovernmental space use rates;

(3) develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly;

(4) provide guidance on eliminating inefficiencies in the Federal leasing process;

(5) compile a list of field offices that are suitable for collocation with other property assets;

(6) research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of Federal property; and

(7) not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains—

(A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency;

(B) the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 524(a)(11)(B) is carried out in a uniform manner;

(C) the progress of Federal agencies toward achieving the goals established under section 524(a)(7);

(D) if necessary, recommendations for legislation or statutory reforms that would further the goals of the Council, including streamlining the disposal of excess or underutilized real property; and

(E) a list of entities that are consulted under subsection (f).

(f) Consultation.—In carrying out the duties described in subsection (e), the Council shall also consult with representatives of—

(1) State, local, and tribal authorities, as appropriate, and other affected communities; and

(2) appropriate private sector entities and nongovernmental organizations that have expertise in areas of—

(A) commercial real estate and development;

(B) government management and operations;

(C) space planning;

(D) community development, including transportation and planning;

(E) historic preservation; and

(F) providing housing to the homeless population.

(g) Council Resources.—The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate.

(h) Access to Report.—The Council shall provide, on an annual basis, the real property management plan template required under subsection (e)(1) and the reports required under subsection (e)(7) to—

(1) the Committee on Homeland Security and Governmental Affairs of the Senate;

(2) the Committee on Environment and Public Works of the Senate;

(3) the Committee on Oversight and Government Reform of the House of Representatives;

(4) the Committee on Transportation and Infrastructure of the House of Representatives; and

(5) the Comptroller General of the United States.

(i) Exclusions.—In this section, surplus property shall not include—

(1) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note; Public Law 101–510));

(2) any property that is excepted from the definition of the term "property" under section 102;

(3) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii);

(4) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);

(5) any real property the Director excludes for reasons of national security;

(6) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by—

(A) the Secretary of the Interior, acting through—

(i) the Director of the Bureau of Land Management;

(ii) the Director of the National Park Service;

(iii) the Commissioner of Reclamation; or

(iv) the Director of the United States Fish and Wildlife Service; or

(B) the Secretary of Agriculture, acting through the Chief of the Forest Service; or

(7) any property operated and maintained by the United States Postal Service.

(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1609.)

Editorial Notes

References in Text

The date of enactment of this subchapter, referred to in subsec. (e)(1), (7), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.

The Tennessee Valley Authority Act of 1933, referred to in subsec. (i)(4), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
40 U.S.C. § 14503 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter I / Section 14503: Assistance for proposed low- and middle-income housing projects
Assistance for proposed low- and middle-income housing projects
Status: in_force

(a) Appalachian Housing Fund.—

(1) Establishment.—There is an Appalachian Housing Fund.

(2) Source and use of amounts in fund.—Amounts allocated to the Secretary of Housing and Urban Development for the purposes of this section shall be deposited in the Fund. The Secretary shall use the Fund as a revolving fund to carry out those purposes. Amounts in the Fund not needed for current operation may be invested in bonds or other obligations the Federal Government guarantees as to principal and interest. General expenses of administration of this section may be charged to the Fund.

(b) Purpose.—To encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary may make grants and loans from the Fund, under terms and conditions the Secretary may prescribe. The grants and loans may be made to nonprofit, limited dividend, or cooperative organizations and public bodies and are for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low- and moderate-income families and individuals, in any area of the Appalachian region the Appalachian Regional Commission establishes, under—

(1) section 221 of the National Housing Act (12 U.S.C. 1715l);

(2) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);

(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); or

(4) any other law of similar purpose administered by the Secretary or any other department, agency, or instrumentality of the Federal Government or a state government.

(c) Providing Amounts to States for Grants and Loans.—The Secretary or the Commission may provide amounts to the States for making grants and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary may provide amounts under this section.

(d) Loans.—

(1) Limitation on available amounts.—A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to—

(A) 50 percent of that cost;

(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or

(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.

(2) Interest.—A loan shall be made without interest, except that a loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for that type of project.

(3) Payment.—The Secretary shall require payment of a loan made under this section, under terms and conditions the Secretary may require, no later than on completion of the project. Except for a loan to an organization established for profit, the Secretary may cancel any part of a loan made under this section on determining that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under this section.

(e) Grants.—

(1) In general.—A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall—

(A) not be made to an organization established for profit; and

(B) except as provided in paragraph (2), not exceed—

(i) 50 percent of those expenses;

(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or

(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.

(2) Site development costs and offsite improvements.—The Secretary may make grants and commitments for grants, and may advance amounts under terms and conditions the Secretary may require, to nonprofit, limited dividend, or cooperative organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, when the grant, commitment, or advance is essential to the economic feasibility of a housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section. A grant under this paragraph for—

(A) the construction of housing shall not be more than 10 percent of the cost of the project; and

(B) the rehabilitation of housing shall not be more than 10 percent of the reasonable value of the rehabilitation housing, as determined by the Secretary.

(f) Information, Advice, and Technical Assistance.—The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low- or moderate- income families in areas of the region the Commission establishes.

(g) Application of Certain Provisions.—Programs and projects assisted under this section are subject to the provisions cited in section 14701 of this title to the extent provided in the laws authorizing assistance for low- and moderate-income housing.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1268; Pub. L. 110–371, §2(c), Oct. 8, 2008, 122 Stat. 4038.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14503(a) 
40 App.:207(d). 
Pub. L. 89–4, title II, §207, as added Pub. L. 90–103, title I, §112, Oct. 11, 1967, 81 Stat. 261; Pub. L. 90–448, title II, §201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91–123, title I, §106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94–188, title I, §113, Dec. 31, 1975, 89 Stat. 1082; Pub. L. 105–393, title II, §212, Nov. 13, 1998, 112 Stat. 3621; Pub. L. 107–149, §13(e), Mar. 12, 2002, 116 Stat. 71.

14503(b) 
40 App.:207(a).

14503(c) 
40 App.:207(e) (words after "areas of the region").

14503(d) 
40 App.:207(b).

14503(e) 
40 App.:207(c).

14503(f) 
40 App.:207(e) (words before "and may provide funds").

14503(g) 
40 App.:207(f).

Subsection (a)(1) is added for clarity and for consistency with other titles of the United States Code.

In subsection (g), the words "notwithstanding such section" are omitted as unnecessary.

Editorial Notes

Amendments

2008—Subsec. (d)(1). Pub. L. 110–371, §2(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "A loan under subsection (b) shall not be more than 50 percent (or 80 percent for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of the cost of planning and obtaining financing for a project, including preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts."

Subsec. (e)(1). Pub. L. 110–371, §2(c)(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "A grant under this section shall not be made to an organization established for profit and, except as provided in paragraph (2), shall not exceed 50 percent (or 80 percent for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title) of expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of a permanent loan made to finance the project."
40 U.S.C. § 606 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 606: Regulations related to operation
Regulations related to operation
Status: in_force

(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.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

606 
40:491(j). 
June 30, 1949, ch. 288, title II, §211(j), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128; Pub. L. 86–624, §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.
40 U.S.C. § 6305 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 63 / Section 6305: Suspension of regulations
Suspension of regulations
Status: in_force

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.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

6305 
40:193u. 
Oct. 24, 1951, ch. 559, §8, 65 Stat. 635; Pub. L. 103–279, §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.
40 U.S.C. § 11301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 113 / Subchapter I / Section 11301: Responsibility of Director
Responsibility of Director
Status: in_force

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.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

11301 
40:1411. 
Pub. L. 104–106, div. E, title LI, §5111, Feb. 10, 1996, 110 Stat. 680.

Statutory Notes and Related Subsidiaries

Advancing American Artificial Intelligence

Pub. L. 117–263, div. G, title LXXII, subtitle B, Dec. 23, 2022, 136 Stat. 3668, provided that:

"SEC. 7221. SHORT TITLE.

"This subtitle may be cited as the 'Advancing American AI Act'.

"SEC. 7222. PURPOSES.

"The purposes of this subtitle are to—

"(1) encourage agency artificial intelligence-related programs and initiatives that enhance the competitiveness of the United States and foster an approach to artificial intelligence that builds on the strengths of the United States in innovation and entrepreneurialism;

"(2) enhance the ability of the Federal Government to translate research advances into artificial intelligence applications to modernize systems and assist agency leaders in fulfilling their missions;

"(3) promote adoption of modernized business practices and advanced technologies across the Federal Government that align with the values of the United States, including the protection of privacy, civil rights, and civil liberties; and

"(4) test and harness applied artificial intelligence to enhance mission effectiveness, agency program integrity, and business practice efficiency.

"SEC. 7223. DEFINITIONS.

"In this subtitle:

"(1) Agency.—The term 'agency' has the meaning given the term in section 3502 of title 44, United States Code.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and

"(C) the Committee on Homeland Security of the House of Representatives.

"(3) Artificial intelligence.—The term 'artificial intelligence' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

"(4) Artificial intelligence system.—The term 'artificial intelligence system'—

"(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, whether—

"(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or

"(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and

"(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.

"(5) Department.—The term 'Department' means the Department of Homeland Security.

"(6) Director.—The term 'Director' means the Director of the Office of Management and Budget.

"SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT.

"(a) Guidance.—The Director shall, when developing the guidance required under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260) [see note below], consider—

"(1) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled 'Key Considerations for the Responsible Development and Fielding of AI', as updated in April 2021;

"(2) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939 [40 U.S.C. 11301 note]; relating to promoting the use of trustworthy artificial intelligence in Government); and

"(3) the input of—

"(A) the Administrator of General Services;

"(B) relevant interagency councils, such as the Federal Privacy Council, the Chief Financial Officers Council, the Chief Information Officers Council, and the Chief Data Officers Council;

"(C) other governmental and nongovernmental privacy, civil rights, and civil liberties experts;

"(D) academia;

"(E) industry technology and data science experts; and

"(F) any other individual or entity the Director determines to be appropriate.

"(b) Department Policies and Processes for Procurement and Use of Artificial Intelligence-enabled Systems.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022]—

"(1) the Secretary of Homeland Security, with the participation of the Chief Procurement Officer, the Chief Information Officer, the Chief Privacy Officer, and the Officer for Civil Rights and Civil Liberties of the Department and any other person determined to be relevant by the Secretary of Homeland Security, shall issue policies and procedures for the Department related to—

"(A) the acquisition and use of artificial intelligence; and

"(B) considerations for the risks and impacts related to artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that full consideration is given to—

"(i) the privacy, civil rights, and civil liberties impacts of artificial intelligence-enabled systems; and

"(ii) security against misuse, degradation, or rending inoperable of artificial intelligence-enabled systems; and

"(2) the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department shall report to Congress on any additional staffing or funding resources that may be required to carry out the requirements of this subsection.

"(c) Inspector General.—Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department shall identify any training and investments needed to enable employees of the Office of the Inspector General to continually advance their understanding of—

"(1) artificial intelligence systems;

"(2) best practices for governance, oversight, and audits of the use of artificial intelligence systems; and

"(3) how the Office of the Inspector General is using artificial intelligence to enhance audit and investigative capabilities, including actions to—

"(A) ensure the integrity of audit and investigative results; and

"(B) guard against bias in the selection and conduct of audits and investigations.

"(d) Artificial Intelligence Hygiene and Protection of Government Information, Privacy, Civil Rights, and Civil Liberties.—

"(1) Establishment.—Not later than 1 year after the date of enactment of this Act, the Director, in consultation with a working group consisting of members selected by the Director from appropriate interagency councils, shall develop an initial means by which to—

"(A) ensure that contracts for the acquisition of an artificial intelligence system or service—

"(i) align with the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260);

"(ii) address protection of privacy, civil rights, and civil liberties;

"(iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and

"(iv) include considerations for securing the training data, algorithms, and other components of any artificial intelligence system against misuse, unauthorized alteration, degradation, or rendering inoperable; and

"(B) address any other issue or concern determined to be relevant by the Director to ensure appropriate use and protection of privacy and Government data and other information.

"(2) Consultation.—In developing the considerations under paragraph (1)(A)(iv), the Director shall consult with the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Institute of Standards and Technology, and the Director of National Intelligence.

"(3) Review.—The Director—

"(A) should continuously update the means developed under paragraph (1); and

"(B) not later than 2 years after the date of enactment of this Act and not less frequently than every 2 years thereafter, shall update the means developed under paragraph (1).

"(4) Briefing.—The Director shall brief the appropriate congressional committees—

"(A) not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Director first implements the means developed under paragraph (1); and

"(B) annually thereafter on the implementation of this subsection.

"(5) Sunset.—This subsection shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

"SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.

"(a) Inventory.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], and continuously thereafter for a period of 5 years, the Director, in consultation with the Chief Information Officers Council, the Chief Data Officers Council, and other interagency bodies as determined to be appropriate by the Director, shall require the head of each agency to—

"(1) prepare and maintain an inventory of the artificial intelligence use cases of the agency, including current and planned uses;

"(2) share agency inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information; and

"(3) make agency inventories available to the public, in a manner determined by the Director, and to the extent practicable and in accordance with applicable law and policy, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information.

"(b) Central Inventory.—The Director is encouraged to designate a host entity and ensure the creation and maintenance of an online public directory to—

"(1) make agency artificial intelligence use case information available to the public and those wishing to do business with the Federal Government; and

"(2) identify common use cases across agencies.

"(c) Sharing.—The sharing of agency inventories described in subsection (a)(2) may be coordinated through the Chief Information Officers Council, the Chief Data Officers Council, the Chief Financial Officers Council, the Chief Acquisition Officers Council, or other interagency bodies to improve interagency coordination and information sharing for common use cases.

"(d) Department of Defense.—Nothing in this section shall apply to the Department of Defense.

"SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO USE CASES.

"(a) Identification of Use Cases.—Not later than 270 days after the date of enactment of this Act [Dec. 23, 2022], the Director, in consultation with the Chief Information Officers Council, the Chief Data Officers Council, the Chief Financial Officers Council, and other interagency bodies as determined to be appropriate by the Director, shall identify 4 new use cases for the application of artificial intelligence-enabled systems to support interagency or intra-agency modernization initiatives that require linking multiple siloed internal and external data sources, consistent with applicable laws and policies, including those relating to the protection of privacy and of sensitive law enforcement, national security, and other protected information.

"(b) Pilot Program.—

"(1) Purposes.—The purposes of the pilot program under this subsection include—

"(A) to enable agencies to operate across organizational boundaries, coordinating between existing established programs and silos to improve delivery of the agency mission;

"(B) to demonstrate the circumstances under which artificial intelligence can be used to modernize or assist in modernizing legacy agency systems; and

"(C) to leverage commercially available artificial intelligence technologies that—

"(i) operate in secure cloud environments that can deploy rapidly without the need to replace existing systems; and

"(ii) do not require extensive staff or training to build.

"(2) Deployment and pilot.—Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the heads of relevant agencies and Federal entities, including the Administrator of General Services, the Bureau of Fiscal Service of the Department of the Treasury, the Council of the Inspectors General on Integrity and Efficiency, and the Pandemic Response Accountability Committee, and other officials as the Director determines to be appropriate, shall ensure the initiation of the piloting of the 4 new artificial intelligence use case applications identified under subsection (a), leveraging commercially available technologies and systems to demonstrate scalable artificial intelligence-enabled capabilities to support the use cases identified under subsection (a).

"(3) Risk evaluation and mitigation plan.—In carrying out paragraph (2), the Director shall require the heads of agencies to—

"(A) evaluate risks in utilizing artificial intelligence systems; and

"(B) develop a risk mitigation plan to address those risks, including consideration of—

"(i) the artificial intelligence system not performing as expected or as designed;

"(ii) the quality and relevancy of the data resources used in the training of the algorithms used in an artificial intelligence system;

"(iii) the processes for training and testing, evaluating, validating, and modifying an artificial intelligence system; and

"(iv) the vulnerability of a utilized artificial intelligence system to unauthorized manipulation or misuse, including the use of data resources that substantially differ from the training data.

"(4) Prioritization.—In carrying out paragraph (2), the Director shall prioritize modernization projects that—

"(A) would benefit from commercially available privacy-preserving techniques, such as use of differential privacy, federated learning, and secure multiparty computing; and

"(B) otherwise take into account considerations of civil rights and civil liberties.

"(5) Privacy protections.—In carrying out paragraph (2), the Director shall require the heads of agencies to use privacy-preserving techniques when feasible, such as differential privacy, federated learning, and secure multiparty computing, to mitigate any risks to individual privacy or national security created by a project or data linkage.

"(6) Use case modernization application areas.—Use case modernization application areas described in paragraph (2) shall include not less than 1 from each of the following categories:

"(A) Applied artificial intelligence to drive agency productivity efficiencies in predictive supply chain and logistics, such as—

"(i) predictive food demand and optimized supply;

"(ii) predictive medical supplies and equipment demand and optimized supply; or

"(iii) predictive logistics to accelerate disaster preparedness, response, and recovery.

"(B) Applied artificial intelligence to accelerate agency investment return and address mission-oriented challenges, such as—

"(i) applied artificial intelligence portfolio management for agencies;

"(ii) workforce development and upskilling;

"(iii) redundant and laborious analyses;

"(iv) determining compliance with Government requirements, such as with Federal financial management and grants management, including implementation of chapter 64 of subtitle V of title 31, United States Code;

"(v) addressing fraud, waste, and abuse in agency programs and mitigating improper payments; or

"(vi) outcomes measurement to measure economic and social benefits.

"(7) Requirements.—Not later than 3 years after the date of enactment of this Act, the Director, in coordination with the heads of relevant agencies and other officials as the Director determines to be appropriate, shall establish an artificial intelligence capability within each of the 4 use case pilots under this subsection that—

"(A) solves data access and usability issues with automated technology and eliminates or minimizes the need for manual data cleansing and harmonization efforts;

"(B) continuously and automatically ingests data and updates domain models in near real-time to help identify new patterns and predict trends, to the extent possible, to help agency personnel to make better decisions and take faster actions;

"(C) organizes data for meaningful data visualization and analysis so the Government has predictive transparency for situational awareness to improve use case outcomes;

"(D) is rapidly configurable to support multiple applications and automatically adapts to dynamic conditions and evolving use case requirements, to the extent possible;

"(E) enables knowledge transfer and collaboration across agencies; and

"(F) preserves intellectual property rights to the data and output for benefit of the Federal Government and agencies and protects sensitive personally identifiable information.

"(c) Briefing.—Not earlier than 270 days but not later than 1 year after the date of enactment of this Act, and annually thereafter for 4 years, the Director shall brief the appropriate congressional committees on the activities carried out under this section and results of those activities.

"(d) Sunset.—The section shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

"SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

"(a) Innovative Commercial Items.—[Amended section 880 of the National Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note).]

"(b) DHS Other Transaction Authority.—[Amended section 391 of Title 6, Domestic Security.]

"(c) Commercial Off the Shelf Supply Chain Risk Management Tools.—

"(1) In general.—The General Services Administration is encouraged to pilot commercial off the shelf supply chain risk management tools to improve the ability of the Federal Government to characterize, monitor, predict, and respond to specific supply chain threats and vulnerabilities that could inhibit future Federal acquisition operations.

"(2) Consultation.—In carrying out this subsection, the General Services Administration shall consult with the Federal Acquisition Security Council established under section 1322 of title 41, United States Code.

"SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.

"Nothing in this subtitle shall apply to any element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)."

AI in Government

Pub. L. 116–260, div. U, title I, Dec. 27, 2020, 134 Stat. 2286, provided that:

"SEC. 101. SHORT TITLE.

"This title may be cited as the 'AI in Government Act of 2020'.

"SEC. 102. DEFINITIONS.

"In this Act [probably means "this title"]—

"(1) the term 'Administrator' means the Administrator of General Services;

"(2) the term 'agency' has the meaning given the term in section 3502 of title 44, United States Code;

"(3) the term 'AI CoE' means the AI Center of Excellence described in section 103;

"(4) the term 'artificial intelligence' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);

"(5) the term 'Director' means the Director of the Office of Management and Budget;

"(6) the term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

"(7) the term 'nonprofit organization' means an organization described in section 501(c)(3)of [sic] the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and exempt from taxation under section 501(a) of that Code [26 U.S.C. 501(a)].

"SEC. 103. AI CENTER OF EXCELLENCE.

"(a) In General.—There is created within the General Services Administration a program to be known as the 'AI Center of Excellence', which shall—

"(1) facilitate the adoption of artificial intelligence technologies in the Federal Government;

"(2) improve cohesion and competency in the adoption and use of artificial intelligence within the Federal Government; and

"(3) carry out paragraphs (1) and (2) for the purposes of benefitting the public and enhancing the productivity and efficiency of Federal Government operations.

"(b) Duties.—The duties of the AI CoE shall include—

"(1) regularly convening individuals from agencies, industry, Federal laboratories, nonprofit organizations, institutions of higher education, and other entities to discuss recent developments in artificial intelligence, including the dissemination of information regarding programs, pilots, and other initiatives at agencies, as well as recent trends and relevant information on the understanding, adoption, and use of artificial intelligence;

"(2) collecting, aggregating, and publishing on a publicly available website information regarding programs, pilots, and other initiatives led by other agencies and any other information determined appropriate by the Administrator;

"(3) advising the Administrator, the Director, and agencies on the acquisition and use of artificial intelligence through technical insight and expertise, as needed;

"(4) assist agencies in applying Federal policies regarding the management and use of data in applications of artificial intelligence;

"(5) consulting with agencies, including the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Homeland Security, the Office of Management and Budget, the Office of the Director of National Intelligence, and the National Science Foundation, that operate programs, create standards and guidelines, or otherwise fund internal projects or coordinate between the public and private sectors relating to artificial intelligence;

"(6) advising the Director on developing policy related to the use of artificial intelligence by agencies; and

"(7) advising the Director of the Office of Science and Technology Policy on developing policy related to research and national investment in artificial intelligence.

"(c) Staff.—

"(1) In general.—The Administrator shall provide necessary staff, resources, and administrative support for the AI CoE.

"(2) Shared staff.—To the maximum extent practicable, the Administrator shall meet the requirements described under paragraph (1) by using staff of the General Services Administration, including those from other agency centers of excellence, and detailees, on a reimbursable or nonreimbursable basis, from other agencies.

"(3) Fellows.—The Administrator may, to the maximum extent practicable, appoint fellows to participate in the AI CoE from nonprofit organizations, think tanks, institutions of higher education, and industry.

"(d) Sunset.—This section shall cease to be effective on the date that is 5 years after the date of enactment of this Act [Dec. 27, 2020].

"SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

"(a) Guidance.—Not later than 270 days after the date of enactment of this Act [Dec. 27, 2020], the Director, in coordination with the Director of the Office of Science and Technology Policy in consultation with the Administrator and any other relevant agencies and key stakeholders as determined by the Director, shall issue a memorandum to the head of each agency that shall—

"(1) inform the development of policies regarding Federal acquisition and use by agencies regarding technologies that are empowered or enabled by artificial intelligence, including an identification of the responsibilities of agency officials managing the use of such technology;

"(2) recommend approaches to remove barriers for use by agencies of artificial intelligence technologies in order to promote the innovative application of those technologies while protecting civil liberties, civil rights, and economic and national security;

"(3) identify best practices for identifying, assessing, and mitigating any discriminatory impact or bias on the basis of any classification protected under Federal nondiscrimination laws, or any unintended consequence of the use of artificial intelligence, including policies to identify data used to train artificial intelligence algorithms as well as the data analyzed by artificial intelligence used by the agencies; and

"(4) provide a template of the required contents of the agency plans described in subsection (c).

"(b) Public Comment.—To help ensure public trust in the applications of artificial intelligence technologies, the Director shall issue a draft version of the memorandum required under subsection (a) for public comment not later than 180 days after [the] date of enactment of this Act.

"(c) Plans.—Not later than 180 days after the date on which the Director issues the memorandum required under subsection (a) or an update to the memorandum required under subsection (d), the head of each agency shall submit to the Director and post on a publicly available page on the website of the agency—

"(1) a plan to achieve consistency with the memorandum; or

"(2) a written determination that the agency does not use and does not anticipate using artificial intelligence.

"(d) Updates.—Not later than 2 years after the date on which the Director issues the memorandum required under subsection (a), and every 2 years thereafter for 10 years, the Director shall issue updates to the memorandum.

"SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.

"(a) In General.—Not later than 18 months after the date of enactment of this Act [Dec. 27, 2020], and in accordance with chapter 51 of title 5, United States Code, the Director of the Office of Personnel Management shall—

"(1) identify key skills and competencies needed for positions related to artificial intelligence;

"(2) establish an occupational series, or update and improve an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence;

"(3) to the extent appropriate, establish an estimate of the number of Federal employees in positions related to artificial intelligence, by each agency; and

"(4) using the estimate established in paragraph (3), prepare a 2-year and 5-year forecast of the number of Federal employees in positions related to artificial intelligence that each agency will need to employ.

"(b) Plan.—Not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives a comprehensive plan with a timeline to complete requirements described in subsection (a)."

GSA Modernization Centers of Excellence Program

Pub. L. 116–194, §2, Dec. 3, 2020, 134 Stat. 981, provided that:

"(a) Definitions.—In this section:

"(1) Cloud computing.—The term 'cloud computing' has the meaning given the term in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 [Pub. L. 115–91] (40 U.S.C. 11301 note) [set out below].

"(2) Executive agency.—The term 'executive agency' has the meaning given the term 'Executive agency' in section 105 of title 5, United States Code.

"(3) Program.—The term 'Program' means the Information Technology Modernization Centers of Excellence Program established under subsection (b).

"(b) Establishment.—The Administrator of General Services shall establish a program to be known as the Information Technology Modernization Centers of Excellence Program to facilitate the adoption of modern technology by executive agencies on a reimbursable basis.

"(c) Responsibilities.—The Program shall have the following responsibilities:

"(1) To encourage the modernization of information technology used by an executive agency and how a customer interacts with an executive agency.

"(2) To improve cooperation between commercial and executive agency information technology sectors.

"(3) To the extent practicable, encourage the adoption of commercial items in accordance with section 3307 of title 41, United States Code.

"(4) Upon request by the executive agency, to assist executive agencies with planning and adoption of technology in focus areas designated by the Administrator, which may include the following:

"(A) A commercial cloud computing system that includes—

"(i) end-to-end migration planning and an assessment of progress towards modernization; and

"(ii) a cybersecurity and governance framework that promotes industry and government risk management best practice approaches, prioritizing efforts based on risk, impact, and consequences.

"(B) Tools to help an individual receive support from and communicate with an executive agency.

"(C) Contact centers and other related customer supports.

"(D) Efficient use of data management, analysis, and reporting.

"(E) The optimization of infrastructure, including for data centers, and the reduction of operating costs.

"(F) Artificial intelligence.

"(5) To share best practices and expertise with executive agencies.

"(6) Other responsibilities the Administrator may identify.

"(d) Coordination.—The Administrator shall coordinate with the Secretary of Homeland Security in establishing the Program to ensure that the technology, tools, and frameworks facilitated for executive agencies by the Program provide sufficient cybersecurity and maintain the integrity, confidentiality, and availability of Federal information.

"(e) Program Reporting.—Not later than 1 year after the date of enactment of this Act [Dec. 3, 2020], and every year thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives a report on the Program, which shall include the following:

"(1) A description of the reimbursable agreements, statements of work, and associated project schedules and deliverables for the Program.

"(2) Details on the total amount of the reimbursable agreements.

"(3) Any additional information the Administrator determines necessary.

"(f) Sunset.—This Act shall cease to have effect on the date that is 7 years after the date of enactment of this Act.

"(g) Rule of Construction.—Nothing in this Act shall be construed to impair or otherwise affect the authority delegated by law to an executive agency or the head of an executive agency."

Modernizing Government Technology

Pub. L. 115–91, div. A, title X, subtitle G, Dec. 12, 2017, 131 Stat. 1586, provided that:

"SEC. 1076. DEFINITIONS.

"In this subtitle:

"(1) Administrator.—The term 'Administrator' means the Administrator of General Services.

"(2) Board.—The term 'Board' means the Technology Modernization Board established under section 1094(c)(1).

"(3) Cloud computing.—The term 'cloud computing' has the meaning given the term by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document thereto.

"(4) Director.—The term 'Director' means the Director of the Office of Management and Budget.

"(5) Fund.—The term 'Fund' means the Technology Modernization Fund established under section 1094(b)(1) [probably should be "1078(b)(1)"].

"(6) Information technology.—The term 'information technology' has the meaning given the term in section 3502 of title 44, United States Code.

"(7) IT working capital fund.—The term 'IT working capital fund' means an information technology system modernization and working capital fund established under section 1093(b)(1) [probably should be "1077(b)(1)"].

"(8) Legacy information technology system.—The term 'legacy information technology system' means an outdated or obsolete system of information technology.

"SEC. 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION AND WORKING CAPITAL FUNDS.

"(a) Definition.—In this section, the term 'covered agency' means each agency listed in section 901(b) of title 31, United States Code.

"(b) Information Technology System Modernization and Working Capital Funds.—

"(1) Establishment.—The head of a covered agency may establish within the covered agency an information technology system modernization and working capital fund for necessary expenses described in paragraph (3).

"(2) Source of funds.—The following amounts may be deposited into an IT working capital fund:

"(A) Reprogramming and transfer of funds made available in appropriations Acts enacted after the date of enactment of this Act [Dec. 12, 2017], including the transfer of any funds for the operation and maintenance of legacy information technology systems, in compliance with any applicable reprogramming law or guidelines of the Committees on Appropriations of the Senate and the House of Representatives or transfer authority specifically provided in appropriations law.

"(B) Amounts made available to the IT working capital fund through discretionary appropriations made available after the date of enactment of this Act.

"(3) Use of funds.—An IT working capital fund established under paragraph (1) may only be used—

"(A) to improve, retire, or replace existing information technology systems in the covered agency to enhance cybersecurity and to improve efficiency and effectiveness across the life of a given workload, procured using full and open competition among all commercial items to the greatest extent practicable;

"(B) to transition legacy information technology systems at the covered agency to commercial cloud computing and other innovative commercial platforms and technologies, including those serving more than 1 covered agency with common requirements;

"(C) to assist and support covered agency efforts to provide adequate, risk-based, and cost-effective information technology capabilities that address evolving threats to information security;

"(D) to reimburse funds transferred to the covered agency from the Fund with the approval of the Chief Information Officer, in consultation with the Chief Financial Officer, of the covered agency; and

"(E) for a program, project, or activity or to increase funds for any program, project, or activity that has not been denied or restricted by Congress.

"(4) Existing funds.—An IT working capital fund may not be used to supplant funds provided for the operation and maintenance of any system within an appropriation for the covered agency at the time of establishment of the IT working capital fund.

"(5) Prioritization of funds.—The head of each covered agency—

"(A) shall prioritize funds within the IT working capital fund of the covered agency to be used initially for cost savings activities approved by the Chief Information Officer of the covered agency; and

"(B) may reprogram and transfer any amounts saved as a direct result of the cost savings activities approved under clause (i) [probably should be "subparagraph (A)"] for deposit into the IT working capital fund of the covered agency, consistent with paragraph (2)(A).

"(6) Availability of funds.—

"(A) In general.—Any funds deposited into an IT working capital fund shall be available for obligation for the 3-year period beginning on the last day of the fiscal year in which the funds were deposited.

"(B) Transfer of unobligated amounts.—Any amounts in an IT working capital fund that are unobligated at the end of the 3-year period described in subparagraph (A) shall be transferred to the general fund of the Treasury.

"(7) Agency cio responsibilities.—In evaluating projects to be funded by the IT working capital fund of a covered agency, the Chief Information Officer of the covered agency shall consider, to the extent applicable, guidance issued under section 1094(b)(1) [probably should be "1078(b)(1)"] to evaluate applications for funding from the Fund that include factors including a strong business case, technical design, consideration of commercial off-the-shelf products and services, procurement strategy (including adequate use of rapid, iterative software development practices), and program management.

"(c) Reporting Requirement.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the head of each covered agency shall submit to the Director, with respect to the IT working capital fund of the covered agency—

"(A) a list of each information technology investment funded, including the estimated cost and completion date for each investment; and

"(B) a summary by fiscal year of obligations, expenditures, and unused balances.

"(2) Public availability.—The Director shall make the information submitted under paragraph (1) publicly available on a website.

"SEC. 1078. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND BOARD.

"(a) Definition.—In this section, the term 'agency' has the meaning given the term in section 551 of title 5, United States Code.

"(b) Technology Modernization Fund.—

"(1) Establishment.—There is established in the Treasury a Technology Modernization Fund for technology-related activities, to improve information technology, to enhance cybersecurity across the Federal Government, and to be administered in accordance with guidance issued by the Director.

"(2) Administration of fund.—The Administrator, in consultation with the Chief Information Officers Council and with the approval of the Director, shall administer the Fund in accordance with this subsection.

"(3) Use of funds.—The Administrator shall, in accordance with recommendations from the Board, use amounts in the Fund—

"(A) to transfer such amounts, to remain available until expended, to the head of an agency for the acquisition of products and services, or the development of such products and services when more efficient and cost effective, to improve, retire, or replace existing Federal information technology systems to enhance cybersecurity and privacy and improve long-term efficiency and effectiveness;

"(B) to transfer such amounts, to remain available until expended, to the head of an agency for the operation and procurement of information technology products and services, or the development of such products and services when more efficient and cost effective, and acquisition vehicles for use by agencies to improve Governmentwide efficiency and cybersecurity in accordance with the requirements of the agencies;

"(C) to provide services or work performed in support of—

"(i) the activities described in subparagraph (A) or (B); and

"(ii) the Board and the Director in carrying out the responsibilities described in subsection (c)(2); and

"(D) to fund only programs, projects, or activities or to fund increases for any programs, projects, or activities that have not been denied or restricted by Congress.

"(4) Authorization of appropriations; credits; availability of funds.—

"(A) Authorization of appropriations.—There is authorized to be appropriated to the Fund $250,000,000 for each of fiscal years 2018 and 2019.

"(B) Credits.—In addition to any funds otherwise appropriated, the Fund shall be credited with all reimbursements, advances, or refunds or recoveries relating to information technology or services provided for the purposes described in paragraph (3).

"(C) Availability of funds.—Amounts deposited, credited, or otherwise made available to the Fund shall be available until expended for the purposes described in paragraph (3).

"(5) Reimbursement.—

"(A) Reimbursement by agency.—

"(i) In general.—The head of an agency shall reimburse the Fund for any transfer made under subparagraph (A) or (B) of paragraph (3), including any services or work performed in support of the transfer under paragraph (3)(C), in accordance with the terms established in a written agreement described in paragraph (6).

"(ii) Reimbursement from subsequent appropriations.—Notwithstanding any other provision of law, an agency may make a reimbursement required under clause (i) from any appropriation made available after the date of enactment of this Act [Dec. 12, 2017] for information technology activities, consistent with any applicable reprogramming law or guidelines of the Committees on Appropriations of the Senate and the House of Representatives.

"(iii) Recording of obligation.—Notwithstanding section 1501 of title 31, United States Code, an obligation to make a payment under a written agreement described in paragraph (6) in a fiscal year after the date of enactment of this Act shall be recorded in the fiscal year in which the payment is due.

"(B) Prices fixed by administrator.—

"(i) In general.—The Administrator, in consultation with the Director, shall establish amounts to be paid by an agency under this paragraph and the terms of repayment for activities funded under paragraph (3), including any services or work performed in support of that development under paragraph (3)(C), at levels sufficient to ensure the solvency of the Fund, including operating expenses.

"(ii) Review and approval.—Before making any changes to the established amounts and terms of repayment, the Administrator shall conduct a review and obtain approval from the Director.

"(C) Failure to make timely reimbursement.—The Administrator may obtain reimbursement from an agency under this paragraph by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized bills, if payment is not made by the agency during the 90-day period beginning after the expiration of a repayment period described in a written agreement described in paragraph (6).

"(6) Written agreement.—

"(A) In general.—Before the transfer of funds to an agency under subparagraphs (A) and (B) of paragraph (3), the Administrator, in consultation with the Director, and the head of the agency shall enter into a written agreement—

"(i) documenting the purpose for which the funds will be used and the terms of repayment, which may not exceed 5 years unless approved by the Director; and

"(ii) which shall be recorded as an obligation as provided in paragraph (5)(A).

"(B) Requirement for use of incremental funding, commercial products and services, and rapid, iterative development practices.—The Administrator shall ensure—

"(i) for any funds transferred to an agency under paragraph (3)(A), in the absence of compelling circumstances documented by the Administrator at the time of transfer, that such funds shall be transferred only on an incremental basis, tied to metric-based development milestones achieved by the agency through the use of rapid, iterative, development processes; and

"(ii) that the use of commercial products and services are incorporated to the greatest extent practicable in activities funded under subparagraphs (A) and (B) of paragraph (3), and that the written agreement required under paragraph (6) documents this preference.

"(7) Reporting requirements.—

"(A) List of projects.—

"(i) In general.—Not later than 6 months after the date of enactment of this Act, the Director shall maintain a list of each project funded by the Fund, to be updated not less than quarterly, that includes a description of the project, project status (including any schedule delay and cost overruns), financial expenditure data related to the project, and the extent to which the project is using commercial products and services, including if applicable, a justification of why commercial products and services were not used and the associated development and integration costs of custom development.

"(ii) Public availability.—The list required under clause (i) shall be published on a public website in a manner that is, to the greatest extent possible, consistent with applicable law on the protection of classified information, sources, and methods.

"(B) Comptroller general reports.—Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress and make publically available a report assessing—

"(i) the costs associated with establishing the Fund and maintaining the oversight structure associated with the Fund compared with the cost savings associated with the projects funded both annually and over the life of the acquired products and services by the Fund;

"(ii) the reliability of the cost savings estimated by agencies associated with projects funded by the Fund;

"(iii) whether agencies receiving transfers of funds from the Fund used full and open competition to acquire the custom development of information technology products or services; and

"(iv) the number of IT procurement, development, and modernization programs, offices, and entities in the Federal Government, including 18F and the United States Digital Services, the roles, responsibilities, and goals of those programs and entities, and the extent to which they duplicate work.

"(c) Technology Modernization Board.—

"(1) Establishment.—There is established a Technology Modernization Board to evaluate proposals submitted by agencies for funding authorized under the Fund.

"(2) Responsibilities.—The responsibilities of the Board are—

"(A) to provide input to the Director for the development of processes for agencies to submit modernization proposals to the Board and to establish the criteria by which those proposals are evaluated, which shall include—

"(i) addressing the greatest security, privacy, and operational risks;

"(ii) having the greatest Governmentwide impact; and

"(iii) having a high probability of success based on factors including a strong business case, technical design, consideration of commercial off-the-shelf products and services, procurement strategy (including adequate use of rapid, agile iterative software development practices), and program management;

"(B) to make recommendations to the Administrator to assist agencies in the further development and refinement of select submitted modernization proposals, based on an initial evaluation performed with the assistance of the Administrator;

"(C) to review and prioritize, with the assistance of the Administrator and the Director, modernization proposals based on criteria established pursuant to subparagraph (A);

"(D) to identify, with the assistance of the Administrator, opportunities to improve or replace multiple information technology systems with a smaller number of information technology services common to multiple agencies;

"(E) to recommend the funding of modernization projects, in accordance with the uses described in subsection (b)(3), to the Administrator;

"(F) to monitor, in consultation with the Administrator, progress and performance in executing approved projects and, if necessary, recommend the suspension or termination of funding for projects based on factors including the failure to meet the terms of a written agreement described in subsection (b)(6); and

"(G) to monitor the operating costs of the Fund.

"(3) Membership.—The Board shall consist of 7 voting members.

"(4) Chair.—The Chair of the Board shall be the Administrator of the Office of Electronic Government.

"(5) Permanent members.—The permanent members of the Board shall be—

"(A) the Administrator of the Office of Electronic Government; and

"(B) a senior official from the General Services Administration having technical expertise in information technology development, appointed by the Administrator, with the approval of the Director.

"(6) Additional members of the board.—

"(A) Appointment.—The other members of the Board shall be—

"(i) 1 employee of the National Protection and Programs Directorate [now Cybersecurity and Infrastructure Security Agency] of the Department of Homeland Security, appointed by the Secretary of Homeland Security; and

"(ii) 4 employees of the Federal Government primarily having technical expertise in information technology development, financial management, cybersecurity and privacy, and acquisition, appointed by the Director.

"(B) Term.—Each member of the Board described in paragraph (A) shall serve a term of 1 year, which shall be renewable not more than 4 times at the discretion of the appointing Secretary or Director, as applicable.

"(7) Prohibition on compensation.—Members of the Board may not receive additional pay, allowances, or benefits by reason of their service on the Board.

"(8) Staff.—Upon request of the Chair of the Board, the Director and the Administrator may detail, on a reimbursable or nonreimbursable basis, any employee of the Federal Government to the Board to assist the Board in carrying out the functions of the Board.

"(d) Responsibilities of Administrator.—

"(1) In general.—In addition to the responsibilities described in subsection (b), the Administrator shall support the activities of the Board and provide technical support to, and, with the concurrence of the Director, oversight of, agencies that receive transfers from the Fund.

"(2) Responsibilities.—The responsibilities of the Administrator are—

"(A) to provide direct technical support in the form of personnel services or otherwise to agencies transferred amounts under subsection (b)(3)(A) and for products, services, and acquisition vehicles funded under subsection (b)(3)(B);

"(B) to assist the Board with the evaluation, prioritization, and development of agency modernization proposals.

"(C) to perform regular project oversight and monitoring of approved agency modernization projects, in consultation with the Board and the Director, to increase the likelihood of successful implementation and reduce waste; and

"(D) to provide the Director with information necessary to meet the requirements of subsection (b)(7).

"(e) Effective Date.—This section shall take effect on the date that is 90 days after the date of enactment of this Act.

"(f) Sunset.—

"(1) In general.—On and after the date that is 2 years after the date on which the Comptroller General of the United States issues the third report required under subsection (b)(7)(B), the Administrator may not award or transfer funds from the Fund for any project that is not already in progress as of such date.

"(2) Transfer of unobligated amounts.—Not later than 90 days after the date on which all projects that received an award from the Fund are completed, any amounts in the Fund shall be transferred to the general fund of the Treasury and shall be used for deficit reduction.

"(3) Termination of technology modernization board.—Not later than 90 days after the date on which all projects that received an award from the Fund are completed, the Technology Modernization Board and all the authorities of subsection (c) shall terminate."

Executive Documents

Ex. Ord. No. 13960. Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government

Ex. Ord. No. 13960, Dec. 3, 2020, 85 F.R. 78939, provided:

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. Purpose. Artificial intelligence (AI) promises to drive the growth of the United States economy and improve the quality of life of all Americans. In alignment with Executive Order 13859 of February 11, 2019 (Maintaining American Leadership in Artificial Intelligence) [42 U.S.C. 6601 note], executive departments and agencies (agencies) have recognized the power of AI to improve their operations, processes, and procedures; meet strategic goals; reduce costs; enhance oversight of the use of taxpayer funds; increase efficiency and mission effectiveness; improve quality of services; improve safety; train workforces; and support decision making by the Federal workforce, among other positive developments. Given the broad applicability of AI, nearly every agency and those served by those agencies can benefit from the appropriate use of AI.

Agencies are already leading the way in the use of AI by applying it to accelerate regulatory reform; review Federal solicitations for regulatory compliance; combat fraud, waste, and abuse committed against taxpayers; identify information security threats and assess trends in related illicit activities; enhance the security and interoperability of Federal Government information systems; facilitate review of large datasets; streamline processes for grant applications; model weather patterns; facilitate predictive maintenance; and much more.

Agencies are encouraged to continue to use AI, when appropriate, to benefit the American people. The ongoing adoption and acceptance of AI will depend significantly on public trust. Agencies must therefore design, develop, acquire, and use AI in a manner that fosters public trust and confidence while protecting privacy, civil rights, civil liberties, and American values, consistent with applicable law and the goals of Executive Order 13859.

Certain agencies have already adopted guidelines and principles for the use of AI for national security or defense purposes, such as the Department of Defense's Ethical Principles for Artificial Intelligence (February 24, 2020), and the Office of the Director of National Intelligence's Principles of Artificial Intelligence Ethics for the Intelligence Community (July 23, 2020) and its Artificial Intelligence Ethics Framework for the Intelligence Community (July 23, 2020). Such guidelines and principles ensure that the use of AI in those contexts will benefit the American people and be worthy of their trust.

Section 3 of this order establishes additional principles (Principles) for the use of AI in the Federal Government for purposes other than national security and defense, to similarly ensure that such uses are consistent with our Nation's values and are beneficial to the public. This order further establishes a process for implementing these Principles through common policy guidance across agencies.

Sec. 2. Policy. (a) It is the policy of the United States to promote the innovation and use of AI, where appropriate, to improve Government operations and services in a manner that fosters public trust, builds confidence in AI, protects our Nation's values, and remains consistent with all applicable laws, including those related to privacy, civil rights, and civil liberties.

(b) It is the policy of the United States that responsible agencies, as defined in section 8 of this order, shall, when considering the design, development, acquisition, and use of AI in Government, be guided by the common set of Principles set forth in section 3 of this order, which are designed to foster public trust and confidence in the use of AI, protect our Nation's values, and ensure that the use of AI remains consistent with all applicable laws, including those related to privacy, civil rights, and civil liberties.

(c) It is the policy of the United States that the Principles for the use of AI in Government shall be governed by common policy guidance issued by the Office of Management and Budget (OMB) as outlined in section 4 of this order, consistent with applicable law.

Sec. 3. Principles for Use of AI in Government. When designing, developing, acquiring, and using AI in the Federal Government, agencies shall adhere to the following Principles:

(a) Lawful and respectful of our Nation's values. Agencies shall design, develop, acquire, and use AI in a manner that exhibits due respect for our Nation's values and is consistent with the Constitution and all other applicable laws and policies, including those addressing privacy, civil rights, and civil liberties.

(b) Purposeful and performance-driven. Agencies shall seek opportunities for designing, developing, acquiring, and using AI, where the benefits of doing so significantly outweigh the risks, and the risks can be assessed and managed.

(c) Accurate, reliable, and effective. Agencies shall ensure that their application of AI is consistent with the use cases for which that AI was trained, and such use is accurate, reliable, and effective.

(d) Safe, secure, and resilient. Agencies shall ensure the safety, security, and resiliency of their AI applications, including resilience when confronted with systematic vulnerabilities, adversarial manipulation, and other malicious exploitation.

(e) Understandable. Agencies shall ensure that the operations and outcomes of their AI applications are sufficiently understandable by subject matter experts, users, and others, as appropriate.

(f) Responsible and traceable. Agencies shall ensure that human roles and responsibilities are clearly defined, understood, and appropriately assigned for the design, development, acquisition, and use of AI. Agencies shall ensure that AI is used in a manner consistent with these Principles and the purposes for which each use of AI is intended. The design, development, acquisition, and use of AI, as well as relevant inputs and outputs of particular AI applications, should be well documented and traceable, as appropriate and to the extent practicable.

(g) Regularly monitored. Agencies shall ensure that their AI applications are regularly tested against these Principles. Mechanisms should be maintained to supersede, disengage, or deactivate existing applications of AI that demonstrate performance or outcomes that are inconsistent with their intended use or this order.

(h) Transparent. Agencies shall be transparent in disclosing relevant information regarding their use of AI to appropriate stakeholders, including the Congress and the public, to the extent practicable and in accordance with applicable laws and policies, including with respect to the protection of privacy and of sensitive law enforcement, national security, and other protected information.

(i) Accountable. Agencies shall be accountable for implementing and enforcing appropriate safeguards for the proper use and functioning of their applications of AI, and shall monitor, audit, and document compliance with those safeguards. Agencies shall provide appropriate training to all agency personnel responsible for the design, development, acquisition, and use of AI.

Sec. 4. Implementation of Principles. (a) Existing OMB policies currently address many aspects of information and information technology design, development, acquisition, and use that apply, but are not unique, to AI. To the extent they are consistent with the Principles set forth in this order and applicable law, these existing policies shall continue to apply to relevant aspects of AI use in Government.

(b) Within 180 days of the date of this order [Dec. 3, 2020], the Director of OMB (Director), in coordination with key stakeholders identified by the Director, shall publicly post a roadmap for the policy guidance that OMB intends to create or revise to better support the use of AI, consistent with this order. This roadmap shall include, where appropriate, a schedule for engaging with the public and timelines for finalizing relevant policy guidance. In addressing novel aspects of the use of AI in Government, OMB shall consider updates to the breadth of its policy guidance, including OMB Circulars and Management Memoranda.

(c) Agencies shall continue to use voluntary consensus standards developed with industry participation, where available, when such use would not be inconsistent with applicable law or otherwise impracticable. Such standards shall also be taken into consideration by OMB when revising or developing AI guidance.

Sec. 5. Agency Inventory of AI Use Cases. (a) Within 60 days of the date of this order, the Federal Chief Information Officers Council (CIO Council), in coordination with other interagency bodies as it deems appropriate, shall identify, provide guidance on, and make publicly available the criteria, format, and mechanisms for agency inventories of non-classified and non-sensitive use cases of AI by agencies.

(b) Within 180 days of the CIO Council's completion of the directive in section 5(a) of this order, and annually thereafter, each agency shall prepare an inventory of its non-classified and non-sensitive use cases of AI, within the scope defined by section 9 of this order, including current and planned uses, consistent with the agency's mission.

(c) As part of their respective inventories of AI use cases, agencies shall identify, review, and assess existing AI deployed and operating in support of agency missions for any inconsistencies with this order.

(i) Within 120 days of completing their respective inventories, agencies shall develop plans either to achieve consistency with this order for each AI application or to retire AI applications found to be developed or used in a manner that is not consistent with this order. These plans must be approved by the agency-designated responsible official(s), as described in section 8 of this order, within this same 120-day time period.

(ii) In coordination with the Agency Data Governance Body and relevant officials from agencies not represented within that body, agencies shall strive to implement the approved plans within 180 days of plan approval, subject to existing resource levels.

(d) Within 60 days of the completion of their respective inventories of use cases of AI, agencies shall share their inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information. This sharing shall be coordinated through the CIO and Chief Data Officer Councils, as well as other interagency bodies, as appropriate, to improve interagency coordination and information sharing for common use cases.

(e) Within 120 days of the completion of their inventories, agencies shall make their inventories available to the public, to the extent practicable and in accordance with applicable law and policy, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information.

Sec. 6. Interagency Coordination. Agencies are expected to participate in interagency bodies for the purpose of advancing the implementation of the Principles and the use of AI consistent with this order. Within 45 days of this order, the CIO Council shall publish a list of recommended interagency bodies and forums in which agencies may elect to participate, as appropriate and consistent with their respective authorities and missions.

Sec. 7. AI Implementation Expertise. (a) Within 90 days of the date of this order, the Presidential Innovation Fellows (PIF) program, administered by the General Services Administration (GSA) in collaboration with other agencies, shall identify priority areas of expertise and establish an AI track to attract experts from industry and academia to undertake a period of work at an agency. These PIF experts will work within agencies to further the design, development, acquisition, and use of AI in Government, consistent with this order.

(b) Within 45 days of the date of this order, the Office of Personnel Management (OPM), in coordination with GSA and relevant agencies, shall create an inventory of Federal Government rotational programs and determine how these programs can be used to expand the number of employees with AI expertise at the agencies.

(c) Within 180 days of the creation of the inventory of Government rotational programs described in section 7(b) of this order, OPM shall issue a report with recommendations for how the programs in the inventory can be best used to expand the number of employees with AI expertise at the agencies. This report shall be shared with the interagency coordination bodies identified pursuant to section 6 of this order, enabling agencies to better use these programs for the use of AI, consistent with this order.

Sec. 8. Responsible Agencies and Officials. (a) For purposes of this order, the term "agency" refers to all agencies described in section 3502, subsection (1), of title 44, United States Code, except for the agencies described in section 3502, subsection (5), of title 44.

(b) This order applies to agencies that have use cases for AI that fall within the scope defined in section 9 of this order, and excludes the Department of Defense and those agencies and agency components with functions that lie wholly within the Intelligence Community. The term "Intelligence Community" has the meaning given the term in section 3003 of title 50, United States Code.

(c) Within 30 days of the date of this order, each agency shall specify the responsible official(s) at that agency who will coordinate implementation of the Principles set forth in section 3 of this order with the Agency Data Governance Body and other relevant officials and will collaborate with the interagency coordination bodies identified pursuant to section 6 of this order.

Sec. 9. Scope of Application. (a) This order uses the definition of AI set forth in section 238(g) of the [John S. McCain] National Defense Authorization Act for Fiscal Year 2019 [Pub. L. 115–232, 10 U.S.C. 2358 note] as a reference point. As Federal Government use of AI matures and evolves, OMB guidance developed or revised pursuant to section 4 of this order shall include such definitions as are necessary to ensure the application of the Principles in this order to appropriate use cases.

(b) Except for the exclusions set forth in section 9(d) of this order, or provided for by applicable law, the Principles and implementation guidance in this order shall apply to AI designed, developed, acquired, or used specifically to advance the execution of agencies' missions, enhance decision making, or provide the public with a specified benefit.

(c) This order applies to both existing and new uses of AI; both stand-alone AI and AI embedded within other systems or applications; AI developed both by the agency or by third parties on behalf of agencies for the fulfilment of specific agency missions, including relevant data inputs used to train AI and outputs used in support of decision making; and agencies' procurement of AI applications.

(d) This order does not apply to:

(i) AI used in defense or national security systems (as defined in 44 U.S.C. 3552(b)(6) or as determined by the agency), in whole or in part, although agencies shall adhere to other applicable guidelines and principles for defense and national security purposes, such as those adopted by the Department of Defense and the Office of the Director of National Intelligence;

(ii) AI embedded within common commercial products, such as word processors or map navigation systems, while noting that Government use of such products must nevertheless comply with applicable law and policy to assure the protection of safety, security, privacy, civil rights, civil liberties, and American values; and

(iii) AI research and development (R&D) activities, although the Principles and OMB implementation guidance should inform any R&D directed at potential future applications of AI in the Federal Government.

Sec. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.
40 U.S.C. § 14525 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter II / Section 14525: State development planning process
State development planning process
Status: in_force

(a) State Development Plan.—Pursuant to policies the Appalachian Regional Commission establishes, each state member shall submit a development plan for the area of the State within the Appalachian region. The plan shall—

(1) be submitted according to a schedule the Commission prescribes;

(2) reflect the goals, objectives, and priorities identified in the regional development plan and in any subregional development plan that may be approved for the subregion of which the State is a part;

(3) describe the state organization and continuous process for Appalachian development planning, including—

(A) the procedures established by the State for the participation of local development districts in the process;

(B) how the process is related to overall statewide planning and budgeting processes; and

(C) the method of coordinating planning and projects in the region under this subtitle, the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and other federal, state, and local programs;

(4) set forth the goals, objectives, and priorities of the State for the region, as established by the Governor, and identify the needs on which the goals, objectives, and priorities are based; and

(5) describe the development strategies for achieving the goals, objectives, and priorities, including funding sources, and recommendations for specific projects to receive assistance under this subtitle.

(b) Areawide Action Programs.—The Commission shall encourage the preparation and execution of areawide action programs that specify interrelated projects and schedules of actions, the necessary agency funding, and other commitments to implement the programs. The programs shall make appropriate use of existing plans affecting the area.

(c) Local Development Districts.—Local development districts certified by the State as described in section 14102(a)(2) of this title provide the linkage between state and substate planning and development. The districts shall assist the States in the coordination of areawide programs and projects and may prepare and adopt areawide plans or action programs. In carrying out the development planning process, including the selection of programs and projects for assistance, States shall consult with local development districts, local units of government, and citizen groups and shall consider the goals, objectives, priorities, and recommendations of those bodies.

(d) Federal Responsibilities.—To the maximum extent practicable, federal departments, agencies, and instrumentalities undertaking or providing financial assistance for programs or projects in the region shall—

(1) take into account the policies, goals, and objectives the Commission and its member States establish pursuant to this subtitle;

(2) recognize Appalachian state development strategies approved by the Commission as satisfying requirements for overall economic development planning under the programs or projects; and

(3) accept the boundaries and organization of any local development district certified under this subtitle that the Governor may designate as the areawide agency required under any of those programs undertaken or assisted by those federal departments, agencies, and instrumentalities.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14525(a) 
40 App.:225(a). 
Pub. L. 89–4, title II, §225, as added Pub. L. 94–188, title I, §118, Dec. 31, 1975, 89 Stat. 1084; Pub. L. 107–149, §13(h), Mar. 12, 2002, 116 Stat. 72.

14525(b) 
40 App.:225(b)(2).

14525(c) 
40 App.:225(b)(1).

14525(d) 
40 App.:225(c).

Editorial Notes

References in 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, which is classified principally to chapter 38 (§3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
40 U.S.C. § 6111 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter II / Section 6111: Supreme Court Building
Supreme Court Building
Status: in_force

(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 6101(b) to (d) of title 41—

(i) for snow removal (by hire of personnel and equipment or under contract); and

(ii) for the replacement of electrical transformers containing polychlorinated biphenyls.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–284, §6(18), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(22), Jan. 4, 2011, 124 Stat. 3852.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

6111(a) 
40:13a(a). 
May 7, 1934, ch. 222, §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.

Editorial Notes

Amendments

2011—Subsec. (b)(2)(D). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".

2006—Subsec. (b). Pub. L. 109–284 struck out second period at end of heading.
40 U.S.C. § 601 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 601: Purposes
Purposes
Status: in_force

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.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

601 
40:491(a). 
June 30, 1949, ch. 288, title II, §211(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126.

Statutory Notes and Related Subsidiaries

Strategic Electric Vehicle Management

Pub. L. 117–263, div. G, title LXXII, subtitle C, Dec. 23, 2022, 136 Stat. 3676, provided that:

"SEC. 7231. SHORT TITLE.

"This subtitle may be cited as the 'Strategic EV Management Act of 2022'.

"SEC. 7232. DEFINITIONS.

"In this subtitle:

"(1) Administrator.—The term 'Administrator' means the Administrator of General Services.

"(2) Agency.—The term 'agency' has the meaning given the term in section 551 of title 5, United States Code.

"(3) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives;

"(C) the Committee on Environment and Public Works of the Senate;

"(D) the Committee on Energy and Natural Resources of the Senate;

"(E) the Committee on Energy and Commerce of the House of Representatives;

"(F) the Committee on Appropriations of the Senate; and

"(G) the Committee on Appropriations of the House of Representatives.

"(4) Director.—The term 'Director' means the Director of the Office of Management and Budget.

"SEC. 7233. STRATEGIC GUIDANCE.

"(a) In General.—Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management.

"(b) Contents.—The strategic plan required under subsection (a) shall—

"(1) maximize both cost and environmental efficiencies; and

"(2) incorporate—

"(A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation;

"(B) guidelines for reusing and recycling the batteries of retired vehicles;

"(C) guidelines for disposing electric vehicle batteries that cannot be reused or recycled; and

"(D) any other considerations determined appropriate by the Administrator and Director.

"(c) Modification.—The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available.

"(d) Consultation.—In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including—

"(1) the Secretary of Energy;

"(2) the Administrator of the Environmental Protection Agency;

"(3) the Chair of the Council on Environmental Quality;

"(4) scientists who are studying electric vehicle batteries and reuse and recycling solutions;

"(5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research;

"(6) industries interested in electric vehicle battery reuse and recycling;

"(7) electric vehicle equipment manufacturers and recyclers; and

"(8) any other relevant entities, as determined by the Administrator and Director.

"(e) Report.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a).

"(2) Briefing.—Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies.

"SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.

"Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles."

Executive Documents

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 [sic] 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 division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts].

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.
40 U.S.C. § 521 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 521: Policies and methods
Policies and methods
Status: in_force

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.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

521 
40:483(a)(1) (1st sentence). 
June 30, 1949, ch. 288, title II, §202(a)(1) (1st sentence), 63 Stat. 384; July 12, 1952, ch. 703, §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.

Statutory Notes and Related Subsidiaries

Public Inventory of Guam Land Parcels for Transfer to Government of Guam

Pub. L. 115–232, div. B, title XXVIII, §2847, Aug. 13, 2018, 132 Stat. 2277, provided that:

"(a) Net-Negative Inventory of Land Parcels.—

"(1) Maintenance and update of inventory.—The Secretary of the Navy shall maintain and update regularly an inventory of all land parcels located on Guam which meet each of the following conditions:

"(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.

"(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.

"(C) Under Federal law, including Public Law 106–504 (commonly known as the 'Guam Omnibus Opportunities Act'; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.

"(2) Information required.—For each parcel included in the inventory under paragraph (1), the Secretary shall specify—

"(A) the approximate size of the parcel;

"(B) an estimate of the fair market value of the parcel, if available or as practicable;

"(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and

"(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.

"(b) Parcels Required To Be Included.—The Secretary shall include in the inventory under this section each of the following parcels, as described in the 2017 Net Negative Report:

"(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.

"(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.

"(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.

"(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.

"(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.

"(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.

"(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.

"(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.

"(9) The Hoover Park Annex (also known as 'Old USO Beach'; 6 acres), listed as Site 37 in the Report.

"(10) Parcel 'C' Marbo Cave Annex (5 acres), listed as Site 12 in the Report.

"(c) Inclusion of Additional Parcels in Inventory.—

"(1) Request by governor.—The Governor of the territory of Guam may submit a request to the Secretary to add parcels to the inventory maintained under subsection (a), and shall specify in any such request any public benefit uses or public purposes proposed by the Governor for the parcel involved, pursuant to the Guam Omnibus Opportunities Act or any other relevant Federal law.

"(2) Consideration by secretary.—Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Governor as to whether the Secretary will agree to the request to include the specific land parcel in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever.

"(d) Exclusion of Parcels.—The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act [Aug. 13, 2018], without regard to whether or not the parcel is included in the inventory under subsection (b).

"(e) Public Notification.—The Secretary shall publish and update on a public website of the United States Government the following information:

"(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).

"(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.

"(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).

"(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:

"(A) The approximate size of the parcel.

"(B) An estimate of the fair market value of the parcel, if available or as practicable.

"(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government.

"(D) The date the parcel was transferred to the territorial government.

"(f) Definitions.—In this section, the following definitions apply:

"(1) 2017 net negative report.—The term '2017 Net Negative Report' means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2695) regarding the status of the implementation of the 'net negative' policy regarding the total number of acres of the real property controlled by the Department of the Navy or the Department of Defense on Guam.

"(2) Governor.—The term 'Governor' means the Governor of the territory of Guam.

"(3) Secretary.—The term 'Secretary' means the Secretary of the Navy.

"(4) Territorial government.—The term 'territorial government' means the government of Guam established under the Organic Act of Guam (48 U.S.C. 1421 et seq.)."

Opportunity for the Government of Guam To Acquire Excess Real Property in Guam

Pub. L. 106–504, §1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109–163, div. A, title X, §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."
40 U.S.C. § 1303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1303: Disposition of surplus real property
Disposition of surplus real property
Status: in_force

(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 chapter 3201 of title 54. 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.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1131; Pub. L. 113–287, §5(j)(3), Dec. 19, 2014, 128 Stat. 3269.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

1303(a) 
40:304e. 
Aug. 27, 1935, ch. 744, §5, 49 Stat. 886.

1303(b) 
40:304a. 
Aug. 27, 1935, ch. 744, §1, 49 Stat. 885; July 18, 1940, ch. 635, §§1, 3, 54 Stat. 764, 765.

1303(c) 
40:304a–2. 
Aug. 27, 1935, ch. 744, §§6, 7, as added July 18, 1940, ch. 635, §2, 54 Stat. 764.

1303(d) 
40:304b (1st sentence). 
Aug. 27, 1935, ch. 744, §2, 49 Stat. 886; July 18, 1940, ch. 635, §3, 54 Stat. 765; June 14, 1946, ch. 404, §4, 60 Stat. 257.

1303(e)(1) 
40:304b (last sentence).

1303(e)(2) 
40:304c. 
Aug. 27, 1935, ch. 744, §3, 49 Stat. 886; July 18, 1940, ch. 635, §3, 54 Stat. 765; June 14, 1946, ch. 404, §4, 60 Stat. 257; Pub. L. 85–493, §2, July 2, 1958, 72 Stat. 294.

1303(f) 
40:304a–1.

1303(g) 
40:304d. 
Aug. 27, 1935, ch. 744, §4, 49 Stat. 886; July 18, 1940, ch. 635, §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.

Editorial Notes

Amendments

2014—Subsec. (c). Pub. L. 113–287 substituted "chapter 3201 of title 54" for "the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act)".

Statutory Notes and Related Subsidiaries

Savings Provisions

Pub. L. 115–141, div. P, title VI, §608(e), Mar. 23, 2018, 132 Stat. 1107, provided that:

"(1) Real property authorities.—Nothing in this section [enacting provisions set out as a note under this section and amending provisions set out as a note under this section], or an amendment made by this section, shall be construed as providing any Executive agency with any new leasing or other real property authority that did not exist prior to the date of enactment of this Act [Mar. 23, 2018].

"(2) Effect on other laws.—Nothing in this section, or an amendment made by this section, and no information submitted pursuant to this section, or pursuant to an amendment made by this section, shall be used to prevent or otherwise restrict a decision or determination by any Executive agency to sell, dispose of, declare excess or surplus, lease, reuse or redevelop any Federal real property pursuant to—

"(A) title 40 of the United States Code;

"(B) the Federal Assets Sale and Transfer Act of 2016 [Pub. L. 114–287] (40 U.S.C. 1303 note); or

"(C) any other law governing real property activities of the Federal Government."

Inclusion in Federal Real Property Database of Information Related to Communications Facility Installations

Pub. L. 115–141, div. P, title VI, §608(b), (c), Mar. 23, 2018, 132 Stat. 1106, provided that:

"(b) Public Comment.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Mar. 23, 2018], the Administrator of General Services shall issue a notice for public comment regarding the inclusion of a communications facility installation under section 21 of the Federal Assets Sale and Transfer Act of 2016 [Pub. L. 114–287] (40 U.S.C. 1303 note), as amended by subsection (a) of this section.

"(2) Contents.—In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on—

"(A) the criteria that make Federal real property capable of supporting communications facility installations;

"(B) the types of information related to the Federal real property that should be included in the database; and

"(C) other matters that the Administrator determines necessary.

"(c) Provision of Information.—

"(1) In general.—Not later than 90 days after the period for public comment under subsection (b)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such information as the Administrator determines appropriate to the database established under section 21 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by subsection (a) of this section.

"(2) Submission.—Not later than 90 days after the date of the notification under paragraph (1), the head of an Executive agency shall submit the information required under paragraph (1)."

Federal Assets Sale and Transfer

Pub. L. 114–287, Dec. 16, 2016, 130 Stat. 1463, as amended by Pub. L. 114–318, §7(b), (d), Dec. 16, 2016, 130 Stat. 1616, 1617; Pub. L. 115–141, div. E, title V, §527, div. P, title VI, §608(a), Mar. 23, 2018, 132 Stat. 573, 1105; Pub. L. 115–437, §1, Jan. 14, 2019, 132 Stat. 5563; Pub. L. 115–438, §1, Jan. 14, 2019, 132 Stat. 5564; Pub. L. 118–272, div. B, title III, §2301, Jan. 4, 2025, 138 Stat. 3214, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'Federal Assets Sale and Transfer Act of 2016'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purpose of this Act is to reduce the costs of Federal real estate by—

"(1) consolidating the footprint of Federal buildings and facilities;

"(2) maximizing the utilization rate of Federal buildings and facilities;

"(3) reducing the reliance on leased space;

"(4) selling or redeveloping high value assets that are underutilized to obtain the highest and best value for the taxpayer and maximize the return to the taxpayer;

"(5) reducing the operating and maintenance costs of Federal civilian real properties;

"(6) reducing redundancy, overlap, and costs associated with field offices;

"(7) creating incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property;

"(8) facilitating and expediting the sale or disposal of unneeded Federal civilian real properties;

"(9) improving the efficiency of real property transfers for the provision of services to the homeless;

"(10) assisting Federal agencies in achieving the Government's sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies; and

"(11) implementing innovative methods for the sale, redevelopment, consolidation, or lease of Federal buildings and facilities, including the use of no cost, nonappropriated contracts for expert real estate services to obtain the highest and best value for the taxpayer.

"SEC. 3. DEFINITIONS.

"In this Act, unless otherwise expressly stated, the following definitions apply:

"(1) Administrator.—The term 'Administrator' means the Administrator of General Services.

"(2) Board.—The term 'Board' means the Public Buildings Reform Board established by section 4.

"(3) CERCLA.—The term 'CERCLA' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

"(4) Federal agency.—The term 'Federal agency' means an executive department or independent establishment in the executive branch of the Government, and a wholly owned Government corporation.

"(5) Federal civilian real property and civilian real property.—

"(A) In general.—The terms 'Federal civilian real property' and 'civilian real property' refer to Federal real property assets, including public buildings as defined in section 3301(a) of title 40, United States Code, occupied and improved grounds, leased space, or other physical structures under the custody and control of any Federal agency.

"(B) Exclusions.—Subparagraph (A) shall not be construed as including any of the following types of property:

"(i) Properties that are 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).

"(ii) A base, camp, post, station, yard, center, or homeport facility for any ship or activity under the jurisdiction of the Coast Guard.

"(iii) Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget.

"(iv) Properties that are excepted from the definition of the term 'property' under section 102 of title 40, United States Code.

"(v) Indian and Native Alaskan properties, including—

     "(I) any property within the limits of an Indian reservation to which the United States owns title for the benefit of an Indian tribe; and

     "(II) any property title that is held in trust by the United States for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation.

"(vi) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.).

"(vii) Postal properties owned by the United States Postal Service.

"(viii) Properties, other than office buildings and warehouses, used in connection with Federal programs for agricultural, recreational, or conservation purposes, including research in connection with the programs.

"(ix) Properties used in connection with river, harbor, flood control, reclamation, or power projects.

"(x) Properties located outside the United States operated or maintained by the Department of State or the United States Agency for International Development.

"(6) Field office.—The term 'field office' means any Federal office that is not the headquarters office location for the Federal agency.

"(7) HUD.—The term 'HUD' means the Department of Housing and Urban Development.

"(8) OMB.—The term 'OMB' means the Office of Management and Budget.

"(9) Value of transactions.—The term 'value of transactions' means the sum of the estimated proceeds and estimated costs, based on the accounting system developed or identified under section 12(f), associated with the transactions included in Board recommendations.

"SEC. 4. BOARD.

"(a) Establishment.—There is established an independent board to be known as the Public Buildings Reform Board.

"(b) Duties.—The Board shall carry out the duties as specified in this Act.

"(c) Membership.—

"(1) In general.—The Board shall be composed of a Chairperson appointed by the President, by and with the advice and consent of the Senate, and 6 members appointed by the President.

"(2) Appointments.—In selecting individuals for appointments to the Board, the President shall appoint members in the following manner:

"(A) Two members recommended by the Speaker of the House of Representatives.

"(B) Two members recommended by the majority leader of the Senate.

"(C) One member recommended by the minority leader of the House of Representatives.

"(D) One member recommended by the minority leader of the Senate.

"(3) Terms.—

"(A) In general.—Subject to subparagraph (B), the term for each member of the Board shall be 6 years.

"(B) Limitation.—Notwithstanding subparagraph (A), the term of a member of the Board shall continue beyond 6 years until such time as the President appoints a replacement member of the Board.

"(4) Vacancies.—Vacancies shall be filled in the same manner as the original appointment.

"(5) Qualifications.—In selecting individuals for appointment to the Board, the President shall ensure that the Board contains individuals with expertise representative of the following:

"(A) Commercial real estate and redevelopment.

"(B) Space optimization and utilization.

"(C) Community development, including transportation and planning.

"SEC. 5. BOARD MEETINGS.

"(a) Open Meetings.—Each meeting of the Board, other than meetings in which classified information is to be discussed, shall be open to the public. Any open meeting shall be announced in the Federal Register and the Federal Web site established by the Board at least 14 calendar days in advance of a meeting. For all public meetings, the Board shall release an agenda and a listing of materials relevant to the topics to be discussed.

"(b) Quorum and Meetings.—4 Board members shall constitute a quorum for the purposes of conducting business and three or more Board members shall constitute a meeting of the Board.

"(c) Transparency of Information.—All the proceedings, information, and deliberations of the Board shall be open, upon request, to the Chairperson and ranking minority party member, and their respective subcommittee Chairperson and subcommittee ranking minority party member, of—

"(1) the Committee on Transportation and Infrastructure of the House of Representatives;

"(2) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives;

"(3) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(4) the Committee on Environment and Public Works of the Senate; and

"(5) the Committees on Appropriations of the House of Representatives and the Senate.

"(d) Government Accountability Office.—All proceedings, information, and deliberations of the Board shall be open, upon request, to the Comptroller General of the United States.

"SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

"(a) Compensation.—

"(1) Rate of pay for members.—Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board.

"(2) Rate of pay for chairperson.—The Chairperson shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.

"(b) Travel.—Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

"SEC. 7. EXECUTIVE DIRECTOR.

"(a) Appointment.—The Board shall appoint an Executive Director, who may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

"(b) Rate of Pay.—The Executive Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

"(c) Return to Civil Service.—An Executive Director selected from the civil service (as defined in section 2101 of title 5, United States Code) shall be entitled to return to the civil service (as so defined) after service to the Board ends if the service of the Executive Director to the Board ends for reasons other than misconduct, neglect of duty, or malfeasance.

"SEC. 8. STAFF.

"(a) Additional Personnel.—Subject to subsection (b), the Executive Director may request additional personnel detailed from Federal agencies.

"(b) Requests for Detail Employees.—Upon request of the Executive Director and approval of the Board, the head of any Federal agency shall detail the requested personnel of that agency to the Board for a period of not less than 1 year to assist the Board in carrying out its duties under this Act.

"(c) Hiring of Term Employees.—The Executive Director, with approval of the Board, may use the Office of Personnel Management to hire employees for terms not to exceed 2 years pursuant to the Office of Personnel Management guidance for nonstatus appointments in the competitive service.

"(d) Qualifications.—Appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in section 4(c)(5).

"SEC. 9. CONTRACTING AUTHORITY.

"(a) Experts and Consultants.—The Board, to the extent practicable and subject to appropriations Acts, shall use contracts, including nonappropriated contracts, entered into by the Administrator for services necessary to carry out the duties of the Board.

"(b) Office Space.—The Administrator, in consultation with the Board, shall identify and provide, without charge, suitable office space within the existing Federal space inventory to house the operations of the Board.

"(c) Personal Property.—The Board shall use personal property already in the custody and control of the Administrator.

"SEC. 10. TERMINATION.

"The Board shall cease operations and terminate on December 31, 2026.

"SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.

"(a) Submissions of Agency Information and Recommendations.—Not later than 120 days after the date of enactment of this Act, and not later than 120 days after the first day of each fiscal year thereafter until the termination of the Board, the head of each Federal agency shall submit to the Administrator, the Director of OMB, and the Board the following:

"(1) Current data.—Current data of all Federal civilian real properties owned, leased, or controlled by the agency, including all relevant information prescribed by the Administrator and the Director of OMB, including data related to the age and condition of the property, operating costs, history of capital expenditures, sustainability metrics, number of Federal employees and functions housed in the respective property, number of Federal employees physically reporting to the respective property each work day, square footage (including gross, rentable, and usable), amount of acreage associated with the respective property, and whether the respective property is on a campus or larger facility.

"(2) Agency recommendations.—Recommendations of the agency on the following:

"(A) Federal civilian real properties that can be sold for proceeds or otherwise disposed of, reported as excess, declared surplus, outleased, or otherwise no longer meeting the needs of the agency, excluding leasebacks or other such exchange agreements where the property continues to be used by the agency.

"(B) Federal civilian real properties that can be transferred, exchanged, consolidated, co-located, reconfigured, or redeveloped, so as to reduce the civilian real property inventory, reduce the operating costs of the Government, and create the highest value and return for the taxpayer.

"(C) Operational efficiencies that the Government can realize in its operation and maintenance of Federal civilian real properties.

"(3) Consolidation plans.—Any Federal agency plans to consolidate, reconfigure, or otherwise reduce the use of owned and leased Federal civilian real property of the Federal agency.

"(b) Standards and Criteria.—

"(1) Development of standards and criteria.—Not later than 60 days after the deadline for submissions of agency recommendations under subsection (a), the Director of OMB, in consultation with the Administrator, shall—

"(A) review the agency recommendations;

"(B) develop consistent standards and criteria against which the agency recommendations will be reviewed; and

"(C) submit to the Board the recommendations developed pursuant to paragraph (2).

"(2) Recommendations to board.—The Director of OMB and the Administrator shall jointly develop recommendations to the Board based on the standards and criteria developed under paragraph (1).

"(3) Factors.—In developing the standards and criteria under paragraph (1), the Director of OMB, in consultation with the Administrator, shall incorporate the following factors:

"(A) The extent to which the civilian real property could be sold (including property that is no longer meeting the needs of the Government), redeveloped, outleased, or otherwise used to produce the highest and best value and return for the taxpayer.

"(B) The extent to which the operating and maintenance costs are reduced through consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies.

"(C) The extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation.

"(D) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation.

"(E) The extent to which reliance on leasing for long-term space needs is reduced.

"(F) The extent to which a civilian real property aligns with the current mission of the Federal agency.

"(G) The extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies.

"(H) The economic impact on existing communities in the vicinity of the civilian real property.

"(I) The extent to which energy consumption is reduced.

"(J) The extent to which public access, including access by members of federally recognized Indian Tribes, to agency services is maintained or enhanced.

"(c) Special Rule for Utilization Rates.—Standards developed by the Director of OMB pursuant to subsection (b) shall incorporate and apply clear standard utilization rates to the extent that such standard rates increase efficiency and provide performance data. The utilization rates shall be consistent throughout each applicable category of space and with nongovernment space utilization rates. To the extent the space utilization rate of a given agency exceeds the utilization rates to be applied under this subsection, the Director of OMB may recommend realignment, co-location, consolidation, or other type of action to improve space utilization.

"(d) Submission to Board.—

"(1) In general.—The Director of OMB shall submit the standards, criteria, and recommendations developed pursuant to subsection (b) to the Board with all supporting information, data, analyses, and documentation.

"(2) Publication.—The standards, criteria, and recommendations developed pursuant to subsection (b) shall be published in the Federal Register and transmitted to the committees listed in section 5(c) and to the Comptroller General of the United States.

"(3) Access to information.—The Board shall also have access to all information pertaining to the recommendations developed pursuant to subsection (b), including supporting information, data, analyses, and documentation submitted pursuant to subsection (a). Upon request, a Federal agency shall provide to the Board any additional information pertaining to the civilian real properties under the custody, control, or administrative jurisdiction of the Federal agency. The Board shall notify the committees listed in section 5(c) of any failure by an agency to comply with a request of the Board.

"(e) Disclosure of Information.—

"(1) In general.—Except as provided in paragraph (2), the Board may not publicly disclose any information received under paragraph (2) or (3) of subsection (a) until the Board, the Administrator, and the Director of OMB enter into an agreement describing what information is ready to be publicly disclosed.

"(2) Application.—Paragraph (1) shall not apply to any disclosure of information to the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives.

"SEC. 12. BOARD DUTIES.

"(a) Identification of Property Reduction Opportunities.—The Board shall identify opportunities for the Government to reduce significantly its inventory of civilian real property and reduce costs to the Government.

"(b) Identification of High Value Assets.—

"(1) Identification of certain properties.—Not later than 180 days after Board members are appointed pursuant to section 4, the Board shall—

"(A) identify not fewer than five Federal civilian real properties that are not on the list of surplus or excess as of such date with a total fair market value of not less than $500,000,000 and not more than $750,000,000; and

"(B) transmit the list of the Federal civilian real properties to the Director of OMB and Congress as Board recommendations and subject to the approval process described in section 13.

"(2) Information and data.—In order to meet the goal established under paragraph (1), each Federal agency shall provide, upon request, any and all information and data regarding its civilian real properties to the Board. In the case of a failure by a Federal agency to comply with a request of the Board, the Board shall notify the committees listed in section 5(c), the relevant congressional committees of jurisdiction for the Federal agency, and the inspector general of the Federal agency of that failure.

"(3) Factors.—In identifying properties pursuant to paragraph (1), the Board shall consider the factors listed in section 11(b)(3).

"(4) Leaseback restrictions.—

"(A) In general.—None of the existing improvements on properties sold under this subsection may be leased back to the Government for a period of greater than 3 years.

"(B) Requirements.—A leaseback under this paragraph—

"(i) shall expire on or before the last day of the 3-year period beginning on the date of the sale of the respective property;

"(ii) may not contain any options to extend or renew the leaseback;

"(iii) may only be entered into once for purposes of temporarily housing the Federal agency in the property at the time of the sale; and

"(iv) shall only be for the purpose of facilitating the sale of the respective property.

"(5) Report of excess.—Not later than 60 days after the approval of Board recommendations pursuant to paragraph (1), Federal agencies with custody, control, or administrative jurisdiction over the identified properties shall submit a Report of Excess to the General Services Administration.

"(6) Sale.—

"(A) Initiation of sale.—Not later than 120 days after the acceptance by the Administrator of the Report of Excess and notwithstanding any other provision of law (including section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411), but except as provided in section 14(g)), the General Services Administration shall initiate the sale of the civilian real properties described in paragraph (1).

"(B) Completion of sale.—Not later than 1 year after the acceptance of the Report of Excess, the Administrator shall sell the civilian real properties at fair market value at highest and best use, unless the Director of OMB determines it is in the financial interest of the Government to execute a sale more than a year after the acceptance of the Report of Excess, but not greater than 2 years after the acceptance of the Report of Excess.

"(c) Analysis of Inventory.—The Board shall perform an independent analysis of the inventory of Federal civilian real property and the recommendations submitted pursuant to section 11. The Board shall not be bound or limited by the recommendations submitted pursuant to section 11. If, in the opinion of the Board, an agency fails to provide needed information, data, or adequate recommendations that meet the standards and criteria, the Board shall develop such recommendations as the Board considers appropriate based on existing data contained in the Federal Real Property Profile or other relevant information.

"(d) Preparation of Properties for Disposal.—At the request of, and in coordination with, the Board, a Federal agency may undertake any analyses and due diligence as necessary, to supplement the independent analysis of the Board under subsection (c), to prepare a property for disposition so that the property may be included in the recommendations of the Board under subsection (h), including completion of the requirements of section 306108 of title 54, United States Code, for historic preservation and identification of the likely highest and best use of the property subsequent to disposition.

"(e) Information and Proposals.—

"(1) Receipt.—Notwithstanding any other provision of law, the Board may receive and consider proposals, information, and other data submitted by State, Tribal, and local officials and the private sector.

"(2) Consultation.—The Board shall consult with State, Tribal, and local officials on information, proposals, and other data that the officials submit to the Board.

"(3) Availability.—Information submitted to the Board shall be made publicly available.

"(f) Accounting System.—Not later than 120 days after the date on which the Board members are appointed pursuant to section 4, the Board shall identify or develop and implement a system of accounting to be used to independently evaluate the costs of and returns on the recommendations. Such accounting system shall be applied in developing the Board's recommendations and determining the highest return to the taxpayer. In applying the accounting system, the Board shall set a standard performance period of not less than 15 years.

"(g) Public Hearing.—The Board shall conduct public hearings. All testimony before the Board at a public hearing under this subsection shall be presented under oath.

"(h) Reporting of Information and Recommendations.—

"(1) In general.—Subject to the schedule and limitations specified in paragraph (2), the Board shall transmit to the Director of OMB, and publicly post on a Federal Web site maintained by the Board, reports containing the Board's findings, conclusions, and recommendations for—

"(A) the consolidation, exchange, co-location, reconfiguration, lease reductions, sale, outlease, and redevelopment of Federal civilian real properties;

"(B) the process to be followed by Federal agencies to carry out the actions described in subparagraph (A), including the use of no cost, nonappropriated contracts for expert real estate services and other innovative methods, to obtain the highest and best value for the taxpayer; and

"(C) other operational efficiencies that can be realized in the Government's operation and maintenance of such properties.

"(2) Schedule and limitations.—

"(A) First round.—Not later than 2 years after the date of transmittal of the list of properties recommended pursuant to subsection (b), the Board shall transmit to the Director of OMB the first report required under paragraph (1). The total value of transactions contained in the first report may not exceed $2,500,000,000.

"(B) Second round.—Not earlier than 3 years after the date of transmittal of the first report, the Board shall transmit to the Director of OMB the second report required under paragraph (1). The total value of transactions contained in the second report may not exceed $4,750,000,000.

"(C) Third round.—During the period beginning on the day after the transmittal of the second report and ending on the day before the date on which the Board terminates under section 10, the Board shall transmit to the Director of OMB a third report required under paragraph (1).

"(3) Consensus in majority.—The Board shall seek to develop consensus recommendations, but if a consensus cannot be obtained, the Board may include in the reports required under this subsection recommendations that are supported by a majority of the Board.

"(4) Community notification.—45 days before the date on which the Board transmits the third report required under paragraph (1), the Board shall notify—

"(A) any State or local government of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property located in the State or locality, as applicable; and

"(B) any federally recognized Indian Tribe of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property that—

"(i) is in close geographic proximity to a property described in section 3(5)(B)(v); or

"(ii) relates to a Federal civilian real property that is known to be accessed at regular frequency by members of the federally recognized Indian Tribe for other reasons.

"(i) Federal Web Site.—The Board shall establish and maintain a Federal Web site for the purposes of making relevant information publicly available.

"(j) Review by GAO.—The Comptroller General of the United States shall transmit to Congress and the Board a report containing a detailed analysis of the recommendations and selection process.

"(k) Report to Congress.—The Board shall periodically submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing any recommendations on consolidations, exchanges, sales, lease reductions, and redevelopments that are not included in the transmissions submitted under subsection (h), or approved by the Director of OMB under section 13, but that the majority of the Board concludes meets the goals of this Act.

"SEC. 13. REVIEW BY OMB.

"(a) Review of Recommendations.—Upon receipt of the Board's recommendations pursuant to subsections (b) and (h) of section 12, the Director of OMB shall conduct a review of the recommendations.

"(b) Report to Board and Congress.—Not later than 30 days after the receipt of the Board's recommendations, the Director of OMB shall transmit to the Board and Congress a report that sets forth the Director of OMB's approval or disapproval of the Board's recommendations.

"(c) Approval and Disapproval.—

"(1) Approval.—If the Director of OMB approves the Board's recommendations, the Director of OMB shall transmit a copy of the recommendations to Congress, together with a certification of such approval.

"(2) Disapproval.—If the Director of OMB disapproves the Board's recommendations, in whole or in part, the Director of OMB shall transmit a copy of the recommendations to Congress and the reasons for disapproval of the recommendations to the Board and Congress.

"(3) Revised recommendations.—Not later than 30 days after the receipt of reasons for disapproval under paragraph (2), the Board shall transmit to the Director of OMB revised recommendations for approval.

"(4) Approval of revised recommendations.—If the Director of OMB approves the revised recommendations, in whole or in part, received under paragraph (3), the Director of OMB shall transmit a copy of the recommendations to Congress, together with a certification of such approval.

"(d) Termination of Process for Given Round.—If the Director of OMB does not transmit to Congress an approval and certification described in paragraph (1) or (4) of subsection (c) on or before the 30th day following the receipt of the Board's recommendations or revised recommendations, as the case may be, the process shall terminate until the following round, as described in section 12.

"SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

"(a) Deadlines.—

"(1) Preparation.—Federal agencies shall—

"(A) not later than 60 days after the Director of OMB transmits the Board's recommendations to Congress pursuant to paragraph (1) or (4) of section 13(c), immediately begin preparations to carry out the Board's recommendations; and

"(B) not later than 2 years after such transmittal, initiate all activities necessary to carry out the Board's recommendations.

"(2) Completion.—Not later than 6 years after the Director of OMB transmits the Board's recommendations to Congress pursuant to paragraph (1) or (4) of section 13(c), Federal agencies shall complete all recommended actions. All actions shall be economically beneficial, cost neutral, or otherwise favorable to the Government.

"(3) Extenuating circumstances.—For actions that will take longer than the 6-year period described in paragraph (2) due to extenuating circumstances, Federal agencies shall notify the Director of OMB and Congress, as soon as the extenuating circumstance presents itself, with an estimated time to complete the relevant action.

"(b) Actions of Federal Agencies Related to Civilian Real Properties.—In taking actions related to any civilian real property under this Act, Federal agencies may take, pursuant to subsection (c), all such necessary and proper actions, including—

"(1) acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property;

"(2) reimbursing other Federal agencies for actions performed at the request of the Board; and

"(3) taking such actions as are practicable to maximize the value of Federal civilian real property to be sold by clarifying zoning and other limitations on use of such property.

"(c) Actions of Federal Agencies To Implement Board Recommendations.—

"(1) Use of existing legal authorities.—

"(A) In general.—Except as provided in paragraph (2), when acting on a recommendation of the Board, a Federal agency shall—

"(i) in consultation with the Administrator, continue to act within the Federal agency's existing legal authorities, including legal authorities delegated to the Federal agency by the Administrator; or

"(ii) work in partnership with the Administrator to carry out such actions.

"(B) Necessary and proper actions.—The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as required to implement the Board's recommendations in the time period required under subsection (a).

"(2) Experts.—A Federal agency may enter into no cost, nonappropriated contracts for expert commercial real estate services to carry out the Federal agency's responsibilities pursuant to the recommendations.

"(d) Discretion of Administrator Regarding Transactions.—For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority given to, or requirement to enter into, a transaction to convey a Federal civilian real property for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants, shall be at the discretion of the Administrator.

"(e) Relationship to Other Laws.—Any recommendation or commencement of a sale, disposal, consolidation, reconfiguration, co-location, or realignment of civilian real property under this Act shall not be subject to—

"(1) section 545(b)(8) of title 40, United States Code;

"(2) sections 550, 553, and 554 of title 40, United States Code;

"(3) any section of the Act entitled 'An Act Authorizing the transfer of certain real property for wildlife, or other purposes' (16 U.S.C. 667b);

"(4) section 47151 of title 49, United States Code;

"(5) sections 107 and 317 of title 23, United States Code;

"(6) section 1304(b) of title 40, United States Code;

"(7) section 13(d) of the Surplus Property Act of 1944 [act Oct. 3, 1944, ch. 479] (50 U.S.C. App. 1622(d) [now 40 U.S.C. 545 note]);

"(8) any other provision of law authorizing the conveyance of real property owned by the Government for no consideration; and

"(9) any congressional notification requirement other than that in section 545 of title 40, United States Code.

"(f) Public Benefit.—

"(1) Submission of information to hud.—The Director of OMB shall submit to the Secretary of HUD, on the same day the Director of OMB submits the Board's recommendations to Congress pursuant to paragraphs (1) and (4) of section 13(c), all known information on Federal civilian real properties that are included in the recommendations (except those recommended under section 12(b)).

"(2) HUD to report to board.—Not later than 30 days after the submission of information on Federal properties under paragraph (1), the Secretary shall identify any suitable civilian real properties for use as a property benefiting the mission of assistance to the homeless for the purposes of further screening pursuant to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

"(3) Additional authority.—Following the review under paragraph (2), with respect to a civilian real property that is not identified by the Secretary as suitable for use as a property benefiting the mission of assistance to the homeless and that has been recommended for sale by the Board, the Director of OMB may exclude the property from the Board's recommendations if the Director determines that the property is suitable for use as a public park or recreation area by a State or local government and it is in the best interest of taxpayers.

"(g) Environmental Considerations.—

"(1) Transfers of real property.—

"(A) In general.—When implementing the recommended actions for civilian real properties that have been identified in the Board's report, as specified in section 12(h), and subject to paragraph (2) and in compliance with CERCLA, including section 120(h) of CERCLA (42 U.S.C. 9620(h)), Federal agencies may enter into an agreement to transfer by deed, pursuant to section 120(h)(3) of that Act (42 U.S.C. 9620(h)(3)), civilian real property with any person.

"(B) Additional terms and conditions.—The head of the disposing agency may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the head of the disposing agency considers appropriate to protect the interests of the United States. Such additional terms and conditions shall not affect or diminish any rights or obligations of the Federal agencies under section 120(h) of CERCLA (including, without limitation, the requirements of subsections (h)(3)(A) and (h)(3)(C)(iv) of that section).

"(2) Certification concerning costs.—A transfer of Federal civilian real property may be made under paragraph (1) only if the head of the disposing agency certifies to the Board and Congress that—

"(A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the disposing agency with respect to the property are equal to or greater than the fair market value of the property to be transferred, as determined by the head of the disposing agency; or

"(B) if such costs are lower than the fair market value of the property, the recipient of the property agrees to pay the difference between the fair market value and such costs.

"(3) Payments to recipients.—In the case of a civilian real property covered by a certification under paragraph (2)(A), the disposing agency may pay the recipient of such property an amount equal to the lesser of—

"(A) the amount by which the costs incurred by the recipient of such property for all environmental restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as specified in such certification; or

"(B) the amount by which the costs (as determined by the head of the disposing agency) that would otherwise have been incurred by the Secretary for such restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as so specified.

"(4) Information to be provided to recipients.—As part of an agreement under paragraph (1), the head of the disposing agency shall disclose, in accordance with applicable law, to the person to whom the civilian real property will be transferred information possessed by the disposing agency regarding the environmental restoration, waste management, and environmental compliance activities that relate to the property. The head of the disposing agency shall provide such information before entering into the agreement.

"(5) Consideration of environmental remediation in granting time extensions.—For the purposes of granting time extensions under subsection (a), the Director of OMB shall give the need for significant environmental remediation to a civilian real property more weight than any other factor in determining whether to grant an extension to implement a Board recommendation.

"(6) Limitation on statutory construction.—Nothing in this Act may be construed to modify, alter, or amend CERCLA, the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

"SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to carry out this Act an initial appropriation of—

"(1) $2,000,000 for salaries and expenses of the Board; and

"(2) $40,000,000 to be deposited into the Asset Proceeds and Space Management Fund for activities related to the implementation of the Board's recommendations.

"SEC. 16. FUNDING.

"(a) Salaries and Expenses Account.—

"(1) Establishment.—There is established in the Treasury of the United States an account to be known as the 'Public Buildings Reform Board Salaries and Expenses Account' (in this subsection referred to as the 'Account'). The Account shall be under the custody and control of the Chairperson of the Board and deposits in the Account shall remain available until expended.

"(2) Necessary payments.—There shall be deposited into the Account such amounts, as are provided in appropriations Acts, for those necessary payments for salaries and expenses to accomplish the administrative needs of the Board.

"(b) Asset Proceeds and Space Management Fund.—

"(1) Establishment.—There is established in the Treasury of the United States an account to be known as the 'Public Buildings Reform Board—Asset Proceeds and Space Management Fund' (in this subsection referred to as the 'Fund'). The Fund shall be under the custody and control of the Administrator and deposits in the Fund shall remain available until expended.

"(2) Use of amounts.—Amounts in the Fund shall be used solely for the purposes of carrying out actions pursuant to the Board recommendations approved under section 13.

"(3) Deposits.—The following amounts shall be deposited into the Fund and made available for obligation or expenditure only as provided in advance in appropriations Acts (subject to section 3307 of title 40, United States Code, to the extent an appropriation normally covered by that section exceeds $20,000,000) for the purposes specified:

"(A) Such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, co-location, exchange, redevelopment, reconfiguration of space, disposal, and other actions recommended by the Board for Federal agencies.

"(B) Amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Board.

"(4) Use of amounts to cover costs.—As provided in appropriations Acts, amounts in the Fund may be made available to cover necessary costs associated with implementing the recommendations pursuant to section 14, including costs associated with—

"(A) sales transactions;

"(B) acquiring land, construction, constructing replacement facilities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property;

"(C) co-location, redevelopment, disposal, and reconfiguration of space; and

"(D) other actions recommended by the Board for Federal agencies.

"(c) Additional Requirement for Budget Contents.—The President shall transmit along with the President's budget submitted pursuant to section 1105 of title 31, United States Code, an estimate of proceeds that are the result of the Board's recommendations and the obligations and expenditures needed to support such recommendations.

"SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

[Amended section 3307 of this title.]

"SEC. 18. PRECLUSION OF JUDICIAL REVIEW.

"The following actions shall not be subject to judicial review:

"(1) Actions taken pursuant to sections 12 and 13.

"(2) Actions of the Board.

"SEC. 19. IMPLEMENTATION REVIEW BY GAO.

"Upon transmittal of the Board's recommendations from the Director of OMB to Congress under section 13, the Comptroller General of the United States at least annually shall monitor and review the implementation activities of Federal agencies pursuant to section 14, and report to Congress any findings and recommendations.

"SEC. 20. AGENCY RETENTION OF PROCEEDS.

"(a) In General.—[Amended section 571 of this title.]

"(b) Effective Date.—The provisions of this section, including the amendments made by this section, shall take effect on the date on which the Board transmits the second report under section 12(h)(2)(B) and shall apply to proceeds from—

"(1) transactions contained in that report; and

"(2) any transactions conducted after the date on which the Board terminates under section 10.

"SEC. 21. FEDERAL REAL PROPERTY DATABASE.

"(a) Database Required.—Not later than 1 year after the date of enactment of this section [Dec. 16, 2016], the Administrator shall publish a single, comprehensive, and descriptive database of all Federal real property under the custody and control of all executive agencies, other than Federal real property excluded for reasons of national security, in accordance with subsection (b).

"(b) Required Information for Database.—The Administrator shall collect from the head of each executive agency descriptive information, except for classified information, of the nature, use, and extent of the Federal real property of each such agency, including the following:

"(1) The geographic location of each Federal real property of each such agency, including the address and description for each such property.

"(2) The total size of each Federal real property of each such agency, including square footage and acreage of each such property.

"(3) Whether the Federal real property is currently, or will in the future be, needed to support [each such] agency's mission or function.

"(4) The utilization of each Federal real property for each such agency, including whether such property is excess, surplus, underutilized, or unutilized.

"(5) The number of days each Federal real property is designated as excess, surplus, underutilized, or unutilized.

"(6) The annual operating costs of each Federal real property.

"(7) The replacement value of each Federal real property.

"(8) The ability of the Federal real property to support a communications facility installation.

"(9)(A) Whether the Federal real property is on a campus or similar facility; and

"(B) if applicable, identification of the campus or facility and related details, including total acreage of the campus or facility.

"(c) Access to Database.—

"(1) Federal agencies.—The Administrator, in consultation with the Director of OMB, shall make the database established and maintained under this section available to other Federal agencies.

"(2) Public access.—To the extent consistent with national security and procurement laws, the database shall be accessible by the public at no cost through the Web site of the General Services Administration.

"(d) Transparency of Database.—To the extent practicable, the Administrator shall ensure that the database—

"(1) uses an open, machine-readable format;

"(2) permits users to search and sort Federal real property data; and

"(3) includes a means to download a large amount of Federal real property data and a selection of such data retrieved using a search.

"(e) Applicability.—Nothing in this section may be construed to require an agency to make available to the public information that is exempt from disclosure pursuant to section 552(b) of title 5, United States Code.

"(f) Definition of Communications Facility Installation.—In this section, the term 'communications facility installation' means—

"(1) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of any kind; and

"(2) any antenna or apparatus that—

"(A) is designed for the purpose of emitting radio frequency;

"(B) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and

"(C) is added to a tower, building, or other structure.

"SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

[Amended section 11411 of Title 42, The Public Health and Welfare.]

"SEC. 23. ADDITIONAL PROPERTY.

[Amended section 549 of this title.]

"SEC. 24. SALE OF 12TH AND INDEPENDENCE.

"(a) Definition.—In this section, the term 'property' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326 and a portion of Square 351 and generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto.

"(b) Sale.—Not later than December 31, 2018, the Administrator shall sell the property at fair market value at highest and best use.

"(c) Requirement.—Notwithstanding any other provision of law, the sale of the property by the Administrator shall ensure continuity of security measures, parking access, and infrastructure requirements of the James Forrestal Building while it is occupied by the Department of Energy.

"(d) Net Proceeds.—Any net proceeds received shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the net proceeds from the sale may be expended only subject to a specific future appropriation.

"SEC. 25. SALE OF COTTON ANNEX.

"(a) Definition.—In this section, the term 'property' means property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Square 326 south of C Street, all in Southwest Washington, District of Columbia, including the building known as the Cotton Annex.

"(b) Sale.—Not later than December 31, 2018, the Administrator shall sell the property at fair market value at highest and best use.

"(c) Net Proceeds.—Any net proceeds received shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the net proceeds from the sale may be expended only subject to a specific future appropriation.

"SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS AND REPORTS.

"(a) In General.—The Federal Real Property Council established by subsection (a) of section 623 of title 40, United States Code, shall ensure that the Board has access to any meetings of the Federal Real Property Council and any reports required under that section, subject to the condition that the Board enters into a memorandum of understanding relating to public disclosure with the Administrator and the Federal Real Property Council before the Board has access to those meetings and reports.

"(b) Notification.—The Board shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Administrator and the Federal Real Property Council described in subsection (a) have not entered into a memorandum of understanding pursuant to that subsection by the date that is 60 days after the date of enactment of this section [Jan. 4, 2025], and every 60 days thereafter until the memorandum of understanding is entered into."

[Amendment by Pub. L. 114–318 to Pub. L. 114–287, set out above, effective immediately after the enactment of Pub. L. 114–287, see section 7(e) of Pub. L. 114–318, set out as an Effective Date of 2016 Amendment note under section 571 of this title.]
40 U.S.C. § 1302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1302: Lease of buildings
Lease of buildings
Status: in_force

Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1131.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

1302 
40:303b. 
June 30, 1932, ch. 314, §321, 47 Stat. 412.

The words "On and after June 30, 1932" are omitted as obsolete.