40 U.S.C. § 15306 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 153 / Section 15306: Personal financial interests
Personal financial interests
Status: in_force

(a) Conflicts of Interest.—

(1) No role allowed.—Except as permitted by paragraph (2), an individual who is a State member or alternate, or an officer or employee of a Commission, shall not participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the individual's knowledge, any of the following has a financial interest:

(A) The individual.

(B) The individual's spouse, minor child, or partner.

(C) An organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee.

(D) Any person or organization with whom the individual is negotiating or has any arrangement concerning prospective employment.

(2) Exception.—Paragraph (1) shall not apply if the individual, in advance of the proceeding, application, request for a ruling or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest—

(A) advises the Commission of the nature and circumstances of the matter presenting the conflict of interest;

(B) makes full disclosure of the financial interest; and

(C) receives a written decision of the Commission that the interest is not so substantial as to be considered likely to affect the integrity of the services that the Commission may expect from the individual.

(3) Violation.—An individual violating this subsection shall be fined under title 18, imprisoned for not more than 1 year, or both.

(b) State Member or Alternate.—A State member or alternate member may not receive any salary, or any contribution to, or supplementation of, salary, for services on a Commission from a source other than the State of the member or alternate.

(c) Detailed Employees.—

(1) In general.—No person detailed to serve a Commission shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Commission from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Commission.

(2) Violation.—Any person that violates this subsection shall be fined under title 18, imprisoned not more than 1 year, or both.

(d) Federal Cochairman, Alternate to Federal Cochairman, and Federal Officers and Employees.—The Federal Cochairman, the alternate to the Federal Cochairman, and any Federal officer or employee detailed to duty with the Commission are not subject to this section but remain subject to sections 202 through 209 of title 18.

(e) Rescission.—A Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (a)(1), (b), or (c), or any of the provisions of sections 202 through 209 of title 18.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 11501 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 115 / Subchapter I / Section 11501: Authority to conduct pilot program
Authority to conduct pilot program
Status: in_force

(a) In General.—

(1) Purpose.—In consultation with the Administrator for the Office of Information and Regulatory Affairs, the Administrator for Federal Procurement Policy may conduct a pilot program pursuant to the requirements of section 11521 of this title 1 to test alternative approaches for the acquisition of information technology by executive agencies.

(2) Multiagency, multi-activity conduct of each program.—Except as otherwise provided in this chapter, the pilot program conducted under this chapter shall be carried out in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for Federal Procurement Policy in accordance with this chapter to carry out the pilot program. With the approval of the Administrator for Federal Procurement Policy, the head of each designated executive agency shall select the procuring activities of the executive agency that are to participate in the test and shall designate a procurement testing official who shall be responsible for the conduct and evaluation of the pilot program within the executive agency.

(b) Limitation on Amount.—The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000. The Administrator for Federal Procurement Policy shall monitor those contracts and ensure that contracts are not entered into in violation of this subsection.

(c) Period of Programs.—

(1) In general.—Subject to paragraph (2), the pilot program may be carried out under this chapter for the period, not in excess of five years, the Administrator for Federal Procurement Policy determines is sufficient to establish reliable results.

(2) Continuing validity of contracts.—A contract entered into under the pilot program before the expiration of that program remains in effect according to the terms of the contract after the expiration of the program.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(A), Dec. 2, 2002, 116 Stat. 2615; Pub. L. 107–347, title II, §210(h)(2)(A), Dec. 17, 2002, 116 Stat. 2938.)

Historical and Revision Notes

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

11501 
40:1471. 
Pub. L. 104–106, div. E, title LIII, §5301, Feb. 10, 1996, 110 Stat. 691.

Editorial Notes

References in Text

Section 11521 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 107–347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107–347 directed the redesignation of section 11522 of this title as section 11521 of this title, but it could not be executed because of the repeal of section 11522 by Pub. L. 107–314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615.

Amendments

2002—Pub. L. 107–314, §825(b)(2)(A)(i), and Pub. L. 107–347, §210(h)(2)(A)(i), amended section catchline identically, substituting "program" for "programs".

Subsec. (a)(1). Pub. L. 107–314, §825(b)(2)(A)(ii), and Pub. L. 107–347, §210(h)(2)(A)(ii), amended par. (1) identically, substituting "conduct a pilot program pursuant to the requirements of section 11521 of this title" for "conduct pilot programs".

Subsec. (a)(2). Pub. L. 107–314, §825(b)(2)(A)(iii), and Pub. L. 107–347, §210(h)(2)(A)(iii), amended par. (2) identically, substituting "the pilot program conducted" for "each pilot program conducted".

Subsec. (b). Pub. L. 107–347, §210(h)(2)(A)(iv), which directed amendment of subsec. (b) by substituting the heading "Limitation on Amount" and text "The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $375,000,000." for the heading "Limitations" and all that followed through "$750,000,000.", was executed by making the substitution for "Limitation on Amount" in the heading and "The total amount obligated for contracts entered into under the pilot program conducted under this chapter may not exceed $750,000,000." in text to reflect the probable intent of Congress and the amendment by Pub. L. 107–314, §825(b)(2)(A)(iv)(I). See below.

Pub. L. 107–314, §825(b)(2)(A)(iv)(II), substituted "subsection." for "paragraph."

Pub. L. 107–314, §825(b)(2)(A)(iv)(I), substituted "Limitation on Amount.—The total amount obligated for contracts entered into under the pilot program conducted" for "Limitations.—

"(1) Number.—Not more than two pilot programs may be conducted under this chapter, including one pilot program each pursuant to the requirements of sections 11521 and 11522 of this title.

"(2) Amount.—The total amount obligated for contracts entered into under the pilot programs conducted".

Subsec. (c)(1). Pub. L. 107–314, §825(b)(2)(A)(v), and Pub. L. 107–347, §210(h)(2)(A)(v), amended par. (1) identically, substituting "the pilot" for "a pilot".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

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

1 See References in Text note below.
40 U.S.C. § 3117 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter II / Section 3117: Exclusion of certain property by stipulation of Attorney General
Exclusion of certain property by stipulation of Attorney General
Status: in_force

In any condemnation proceeding brought by or on behalf of the Federal Government, the Attorney General may stipulate or agree on behalf of the Government to exclude any part of the property, or any interest in the property, taken by or on behalf of the Government by a declaration of taking or otherwise.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)

Historical and Revision Notes

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

3117 
40:258f. 
Oct. 21, 1942, ch. 618, 56 Stat. 797.

The words "that may have been, or may be" are omitted as unnecessary.
40 U.S.C. § 102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter I / Section 102: Definitions
Definitions
Status: in_force

Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:

(1) Care and handling.—The term "care and handling" includes—

(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and

(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.

(2) Contractor inventory.—The term "contractor inventory" means—

(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and

(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.

(3) Excess property.—The term "excess property" means property under the control of a federal agency that the head of the agency determines is not required to meet the agency's needs or responsibilities.

(4) Executive agency.—The term "executive agency" means—

(A) an executive department or independent establishment in the executive branch of the Government; and

(B) a wholly owned Government corporation.

(5) Federal agency.—The term "federal agency" means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol).

(6) Foreign excess property.—The term "foreign excess property" means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands.

(7) Motor vehicle.—The term "motor vehicle" means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding—

(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and

(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties.

(8) Nonpersonal services.—The term "nonpersonal services" means contractual services designated by the Administrator of General Services, other than personal and professional services.

(9) Property.—The term "property" means any interest in property except—

(A)(i) the public domain;

(ii) land reserved or dedicated for national forest or national park purposes;

(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and

(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;

(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and

(C) records of the Government.

(10) Surplus property.—The term "surplus property" means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063; Pub. L. 111–350, §5(l)(2), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 114–318, §3(b)(2), Dec. 16, 2016, 130 Stat. 1613.)

Historical and Revision Notes

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

102 
40:472. 
June 30, 1949, ch. 288, §3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, §1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, §4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, §2, 69 Stat. 722; Pub. L. 85–337, §5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, §30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93–594, Jan. 2, 1975, 88 Stat. 1926.

In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of "Administrator" is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of "person" in 1:1.

In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

Editorial Notes

Amendments

2016—Pub. L. 114–318 substituted "Except as provided in subchapter VII of chapter 5 of this title, the" for "The" in introductory provisions.

2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
40 U.S.C. § 552 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 552: Abandoned or unclaimed property on Government premises
Abandoned or unclaimed property on Government premises
Status: in_force

(a) Authority To Take Property.—The Administrator of General Services may take possession of abandoned or unclaimed property on premises owned or leased by the Federal Government and determine when title to the property vests in the Government. The Administrator may use, transfer, or otherwise dispose of the property.

(b) Claim Filed by Former Owner.—If a former owner files a proper claim within three years from the date that title to the property vests in the Government, the former owner shall be paid an amount—

(1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or

(2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator.

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

Historical and Revision Notes

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

552 
40:484(m). 
June 30, 1949, ch. 288, title II, §203(m), formerly §203(l), 63 Stat. 388; redesignated §203(m), Aug. 1, 1955, ch. 442, 69 Stat. 430.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–284 substituted "(a) Authority To Take Property.—The Administrator" for "(a) Authority To Take Property Administrator".
40 U.S.C. § 17708 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 177 / Section 17708: Nonapplication
Nonapplication
Status: in_force

This chapter does not modify in any manner the Communications Act of 1934 (47 U.S.C. 151 et seq.).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)

Historical and Revision Notes

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

17708 
40:791. 
Pub. L. 90–135, title I, §301, Nov. 14, 1967, 81 Stat. 444.

Editorial Notes

References in Text

The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
40 U.S.C. § 15301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 153 / Section 15301: Establishment, membership, and employees
Establishment, membership, and employees
Status: in_force

(a) Establishment.—There are established the following regional Commissions:

(1) The Southeast Crescent Regional Commission.

(2) The Southwest Border Regional Commission.

(3) The Northern Border Regional Commission.

(4) The Great Lakes Authority.

(5) The Mid-Atlantic Regional Commission.

(6) The Southern New England Regional Commission.

(b) Membership.—

(1) Federal and state members.—Each Commission shall be composed of the following members:

(A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate.

(B) The Governor of each participating State in the region of the Commission.

(2) Alternate members.—

(A) Alternate federal cochairperson.—The President shall appoint an alternate Federal Cochairperson for each Commission. The alternate Federal Cochairperson, when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson.

(B) State alternates.—The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the members of the Governor's cabinet or personal staff.

(C) Voting.—

(i) In general.—An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate.

(ii) State alternates.—If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place.

(3) Cochairpersons.—A Commission shall be headed by—

(A) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Commission; and

(B) a State Cochairperson, who shall be a Governor of a participating State in the region and shall be elected by the State members for a term of not less than 1 year.

(4) Consecutive terms.—A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms.

(c) Compensation.—

(1) Federal cochairpersons.—Each Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5.

(2) Alternate federal cochairpersons.—Each Federal Cochairperson's alternate shall be compensated by the Federal Government at level V of the Executive Schedule as set out in section 5316 of title 5.

(3) State members and alternates.—Each State member and alternate shall be compensated by the State that they represent at the rate established by the laws of that State.

(d) Executive Director and Staff.—

(1) In general.—A Commission shall appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out its duties. Compensation under this paragraph may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title.

(2) Executive director.—The executive director shall be responsible for carrying out the administrative duties of the Commission, directing the Commission staff, and such other duties as the Commission may assign.

(e) No Federal Employee Status.—No member, alternate, officer, or employee of a Commission (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Commission) shall be considered to be a Federal employee for any purpose.

(f) Succession.—Subject to the time limitations under section 3346 of title 5, the Federal Cochairperson may designate an employee of the Commission to perform the functions and duties of the office of the Federal Cochairperson temporarily in an acting capacity if both the Federal Cochairperson and the alternate Federal Cochairperson die, resign, or otherwise are unable to perform the functions and duties of their offices.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1469, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2231; amended Pub. L. 115–334, title VI, §6304(f), Dec. 20, 2018, 132 Stat. 4752; Pub. L. 117–328, div. O, title IV, §401(a)(1), Dec. 29, 2022, 136 Stat. 5228; Pub. L. 118–272, div. B, title II, §§2242(a), 2249(a), 2250(a), Jan. 4, 2025, 138 Stat. 3202, 3209.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2025—Subsec. (a)(5). Pub. L. 118–272, §2249(a), added par. (5).

Subsec. (a)(6). Pub. L. 118–272, §2250(a), added par. (6).

Subsec. (b)(2)(C). Pub. L. 118–272, §2242(a)(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).

Subsec. (f). Pub. L. 118–272, §2242(a)(2), substituted "an employee" for "a Federal employee".

2022—Subsec. (a)(4). Pub. L. 117–328 added par. (4).

2018—Subsec. (f). Pub. L. 115–334 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 17702 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 177 / Section 17702: Transfer of Government-owned long-lines communication facilities in and to Alaska
Transfer of Government-owned long-lines communication facilities in and to Alaska
Status: in_force

(a) In General.—

(1) Authority of the secretary of defense.—

(A) Requirements prior to transfer.—Subject to section 17703 of this title and with the advice, assistance, and, in the case of an agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, the Secretary of Defense shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under section 17703.

(B) Authority to carry out chapter.—The Secretary of Defense may take action and exercise powers as may be necessary or appropriate to carry out the purposes of this chapter.

(2) Consent of secretary concerned.—An interest in public lands, withdrawn or otherwise appropriated, shall not be transferred under this chapter without the prior consent of the Secretary of the Interior, or, with respect to lands in a national forest, of the Secretary of Agriculture.

(3) Procedures and methods.—The Secretary of Defense shall carry out a transfer under this chapter in accordance with the procedures and methods required of the Administrator of General Services by section 545(a) and (b) of this title.

(b) Documents of Title or Other Property Interests.—The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or another interest in public land shall be provided to the Secretary of the Interior.

(c) Solicitation of Offers To Purchase Certain Facilities.—In connection with soliciting offers to purchase long-lines facilities of the Alaska Communication System, the Secretary of Defense shall—

(1) provide any prospective purchaser who requests it data on—

(A) the facilities available for purchase;

(B) the amounts considered to be the current fair and reasonable value of those facilities; and

(C) the initial rates that will be charged to the purchaser for capacity in facilities retained by the Government and available for commercial use;

(2) provide in the request for offers to purchase that offerors must specify the rates the offerors propose to charge for service and the improvements in service the offerors propose to initiate;

(3) provide an opportunity for prospective purchasers to meet as a group with Department of Defense representatives to ensure that the data and public interest requirements described in clauses (1) and (2) are fully understood; and

(4) seek the advice and assistance of the Federal Communications Commission and the Governor of Alaska (or a designee of the Governor) to ensure consideration of all public interest factors associated with the transfer.

(d) Applicability of Antitrust Provisions.—The requirements of section 559 of this title apply to transfers under this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.)

Historical and Revision Notes

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

17702(a)(1) 
40:781(1). 
Pub. L. 90–135, title I, §201, Nov. 14, 1967, 81 Stat. 442.

17702(a)(2) 
40:781(5).

17702(a)(3) 
40:781(2).

17702(b) 
40:781(4).

17702(c) 
40:781(6).

17702(d) 
40:781(3).

In this chapter, the words "or his designee" are omitted because of 10:113.

In subsection (a)(1)(A), the words "and notwithstanding provisions of any other law" are omitted as unnecessary. The words "shall transfer" are substituted for "is authorized to and shall transfer" for clarity.

In subsection (c)(4), the words "the Federal Field Committee for Development Planning in Alaska" are omitted because the Committee has been terminated. See Executive Order No. 11608 (eff. July 19, 1971).
40 U.S.C. § 17704 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 177 / Section 17704: Contents of agreements for transfer
Contents of agreements for transfer
Status: in_force

An agreement by which a transfer is made under this chapter shall provide that—

(1) subject to regulations of the Federal Communications Commission and of any body or commission established by Alaska to govern and regulate communications services to the public and all applicable statutes, treaties, and conventions, the person to whom the transfer is made shall provide the communication services involved in the transfer without interruption, except those services reserved by the Federal Government in the transfer;

(2) the rates and charges for those services applicable at the time of transfer shall not be changed for a period of one year from the date of the transfer unless approved by a governmental body or commission having jurisdiction; and

(3) the transfer will not be final until the transferee receives the requisite license and certificate of convenience and necessity to operate interstate and intrastate commercial communications in Alaska from the appropriate governmental regulatory bodies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)

Historical and Revision Notes

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

17704 
40:783. 
Pub. L. 90–135, title I, §203, Nov. 14, 1967, 81 Stat. 443.

In clause (1), the word "rules" is omitted as being included in "regulations".

In clause (3), the words "unless and" are omitted as unnecessary.
40 U.S.C. § 557 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 557: Donation of books to Free Public Library
Donation of books to Free Public Library
Status: in_force

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

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

Historical and Revision Notes

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

557 
40:484–1. 
Feb. 25, 1903, ch. 755, §1 (7th par. on p. 865), 32 Stat. 865; Oct. 31, 1951, ch. 654, §2(1), 65 Stat. 706.
40 U.S.C. § 6113 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter II / Section 6113: Duties of the Superintendent of the Supreme Court Building
Duties of the Superintendent of the Supreme Court Building
Status: in_force

Except as provided in section 6111(a) of this title, all duties and work required for the operation, domestic care, and custody of the Supreme Court Building shall be performed under the direction of the Marshal of the Supreme Court. The Marshal serves as the superintendent of the Building.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)

Historical and Revision Notes

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

6113 
40:13c. 
May 7, 1934, ch. 222, §3, 48 Stat. 668; June 25, 1948, ch. 646, §27, 62 Stat. 990.

The words "Except as provided in section 6111(a) of this title" are substituted for "other" for clarity.
40 U.S.C. § 1307 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1307: Disposition of securities
Disposition of securities
Status: in_force

The President, or an officer, agent, or agency the President may designate, may dispose of any securities acquired on behalf of the Federal Government under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456), including any securities acquired as an incident to a case under title 11, under a receivership or reorganization proceeding, by assignment, transfer, substitution, or issuance, or by acquisition of collateral given for the payment of obligations to the Government, or may make arrangements for the extension of the maturity of the securities, in the manner, in amounts, at prices, for cash, securities, or other property or any combination of cash, securities, or other property, and on terms and conditions the President or designee considers advisable and in the public interest.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)

Historical and Revision Notes

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

1307 
40:316. 
Feb. 28, 1920, ch. 91, §213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788; Pub. L. 95–598, title III, §325, Nov. 6, 1978, 92 Stat. 2679.

The words "sell, exchange, or otherwise", "bonds, notes, or other", "purchase, default, or other", and "(whether at a foreclosure sale or otherwise)" are omitted as unnecessary.

Editorial Notes

References in Text

The Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to section 316 of former Title 40, Public Buildings, Property, and Works, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95–473, §4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49. Section 316 of former Title 40 was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
40 U.S.C. § 3302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3302: Prohibition on construction of buildings except by Administrator of General Services
Prohibition on construction of buildings except by Administrator of General Services
Status: in_force

Only the Administrator of General Services may construct a public building. The Administrator shall construct a public building in accordance with this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158.)

Historical and Revision Notes

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

3302 
40:601. 
Pub. L. 86–249, §2, Sept. 9, 1959, 73 Stat. 479.
40 U.S.C. § 8126 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter II / Section 8126: Temporary occupancy of Potomac Park by Secretary of Agriculture
Temporary occupancy of Potomac Park by Secretary of Agriculture
Status: in_force

(a) Not More Than 75 Acres.—The Director of the National Park Service may allow the Secretary of Agriculture to temporarily occupy as a testing ground not more than 75 acres of Potomac Park not needed in any one season for reclamation or park improvement. The Secretary shall vacate the area at the close of any season on the request of the Director.

(b) Continue as Public Park Under Director.—This section does not change the essential character of the land used, which shall continue to be a public park under the charge of the Director.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)

Historical and Revision Notes

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

8126(a) 
40:89 (words before provisos, 2d proviso). 
Mar. 3, 1899, ch. 458, §2 (2d par.), 30 Stat. 1378.

8126(b) 
40:89 (1st, last provisos).

For transfer of functions from the Secretary of War to the Director of the National Park Service, see the revision note under section 8108 of this title.

In subsection (a), the words "of such area or areas" and "in extent" are omitted as unnecessary.

In subsection (b), the words "as provided in section 86 of this title" are omitted as obsolete.
40 U.S.C. § 6910 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6910: Authorization of appropriations
Authorization of appropriations
Status: in_force

Amounts necessary to meet lease and other obligations, including maintenance requirements, incurred by the Secretary of the Interior and assigned to the Secretary of Transportation under this subchapter may be appropriated to the Secretary of Transportation.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)

Historical and Revision Notes

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

6910 
40:813(a). 
Pub. L. 90–264, title I, §113(a), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1669.

In this section, the text of 40:813(a) (last sentence) is omitted as obsolete.
40 U.S.C. § 611 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 611: Duty to report violations
Duty to report violations
Status: in_force

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

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

Historical and Revision Notes

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

611 
40:491(l). 
June 30, 1949, ch. 288, title II, §211(l), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128.

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

Editorial Notes

Amendments

2006—Pub. L. 109–284 inserted "of title 31" after "under section 1343, 1344, or 1349(b)" and "of title 18" after "under section 641".
40 U.S.C. § 559 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 559: Advice of Attorney General with respect to antitrust law
Advice of Attorney General with respect to antitrust law
Status: in_force

(a) Definition.—In this section, the term "antitrust law" includes—

(1) the Sherman Act (15 U.S.C. 1 et seq.);

(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and

(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).

(b) Advice Required.—

(1) In general.—An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law.

(2) Exception.—This section does not apply to disposal of—

(A) real property, if the estimated fair market value is less than $3,000,000; or

(B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000.

(c) Notice to Attorney General.—

(1) In general.—An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General.

(2) Copy.—Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services.

(d) Advice From Attorney General.—Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law.

(e) Request for Information.—On request from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to—

(1) give advice required by this section; or

(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.

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

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

Historical and Revision Notes

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

559 
40:488. 
June 30, 1949, ch. 288, title II, §207, 63 Stat. 391; Pub. L. 85–680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100–612, §7, Nov. 5, 1988, 102 Stat. 3182.

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

Editorial Notes

References in Text

The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
40 U.S.C. § 525 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 525: Excess personal property for federal agency grantees
Excess personal property for federal agency grantees
Status: in_force

(a) General Prohibition.—A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section.

(b) Exception for Public Agencies and Tax-exempt Nonprofit Organizations.—

(1) In general.—Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if—

(A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;

(B) the property is to be furnished for use in connection with the grant; and

(C)(i) the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and

(ii) the amount is deposited in the Treasury as miscellaneous receipts.

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

(c) Exception for Certain Property Furnished by Secretary of Agriculture.—

(1) Definition.—In this subsection, the term "State" means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia.

(2) In general.—Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to—

(A) a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.);

(B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or

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

(d) Other Exceptions.—Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to—

(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title;

(2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(e));

(3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or

(4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).

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

Historical and Revision Notes

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

525(a) 
40:483(d) (words before par. (1)). 
June 30, 1949, ch. 288, title II, §202(d), as added Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97–98, title XIV, §1443, Dec. 22, 1981, 95 Stat. 1321.

525(b) 
40:483(d)(1).

525(c) 
40:483(d)(2)(E).

525(d) 
40:483(d)(2)(A)–(D).

In subsection (b)(1), before cl. (A), the words "institution or" are omitted as unnecessary. In clause (A), the words "termination provision" are substituted for "termination made" for clarity.

In subsection (b)(2), the words "The grantee shall account for and dispose of" are substituted for "and shall be accounted for and disposed of" for clarity.

In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary.

In subsection (c)(1), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

In subsection (d)(1), the words "to the extent" are substituted for "where and to the extent" to eliminate unnecessary words. The words "to be furnished under such Act" are omitted as unnecessary.

In subsection (d)(4), the words "Indian Financing Act of 1974" are substituted for "Indian Financing Act" in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word "tribe" is substituted for "Indian tribes" for consistency with 25:1452(c).

Editorial Notes

References in Text

The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, which is classified generally to subchapter IV (§341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables.

The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 361a of Title 7 and Tables.

Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.

1 So in original. Probably should be capitalized.
40 U.S.C. § 9506 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 95 / Section 9506: Civil penalty
Civil penalty
Status: in_force

A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)

Historical and Revision Notes

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

9506 
40:56. 
R.S. §1803.

The words "in charge of public buildings and works" in section 1803 of the Revised Statutes are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers with respect to public buildings and works were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "or hereafter to be laid" are omitted as unnecessary. The words "is liable to the government for a civil penalty" are substituted for "under a penalty" for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 588 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 588: Movement and supply of office furniture
Movement and supply of office furniture
Status: in_force

(a) Definition.—In this section, the term "controlled space" means a substantial and identifiable segment of space (such as a building, floor, or wing) in a location that the Administrator of General Services controls for purposes of assignment of space.

(b) Application.—This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location.

(c) Moving Existing Furniture.—The furniture and furnishings used by an agency (or organizational unit of the agency) shall be moved only if the Administrator determines, after consultation with the head of the agency and with due regard for the program activities of the agency, that it would not be more economical and efficient to make suitable replacements available in the new controlled space.

(d) Providing Replacement Furniture.—In the absence of a determination under subsection (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks under the control of the moving agency or from stocks available to the Administrator, whichever the Administrator determines to be more economical and efficient. However, the same or similar items may not be provided from both sources.

(e) Control of Replacement Furniture.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator.

(f) Control of Furniture Not Moved.—

(1) In general.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the furniture and furnishings that were previously used by the moving agency (or unit of the agency) pass to the control of the Administrator.

(2) Reimbursement.—

(A) In general.—Furniture and furnishings passing to the control of the Administrator under this section pass without reimbursement.

(B) Exception for trust fund.—If furniture and furnishings that were purchased from a trust fund pass to the control of the Administrator under this section, the Administrator shall reimburse the trust fund for the fair market value of the furniture and furnishings.

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

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

Historical and Revision Notes

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

588 
40:490(g). 
June 30, 1949, ch. 288, title II, §210(g), as added Sept. 1, 1954, ch. 1211, §3, 68 Stat. 1129.

In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general "without reimbursement" rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law.
40 U.S.C. § 589 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 589: Installation, repair, and replacement of sidewalks
Installation, repair, and replacement of sidewalks
Status: in_force

(a) In General.—An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are—

(1) under the agency's control;

(2) owned by the Federal Government; and

(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.

(b) Reimbursement.—Subsection (a) may be carried out by—

(1) reimbursement to a State or political subdivision of a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States; or

(2) a means other than reimbursement.

(c) Regulations.—Subsection (a) shall be carried out in accordance with regulations the Administrator of General Services prescribes with the approval of the Director of the Office of Management and Budget.

(d) Use of Amounts.—Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section.

(e) Liability.—This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to property.

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

Historical and Revision Notes

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

589 
40:490(i). 
June 30, 1949, ch. 288, title II, §210(i), as added Pub. L. 89–344, Nov. 8, 1965, 79 Stat. 1304.

In subsections (a) and (b), the words "territory or" are added for consistency in the revised title and with other titles of the United States Code.

In subsection (c), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.

In subsection (e), the words "beyond such liability presently existing by virtue of any other law" are omitted as unnecessary.
40 U.S.C. § 3502 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 35 / Section 3502: Planned public works
Planned public works
Status: in_force

(a) Advances To Ensure Planning.—Notwithstanding section 3324(a) and (b) of title 31, the Secretary of Housing and Urban Development may make advances to public agencies and Indian tribes—

(1) to encourage public agencies and Indian tribes to maintain at all times a current and adequate reserve of planned public works the construction of which can rapidly be commenced, particularly when the national or local economic situation makes that action desirable; and

(2) to help attain maximum economy and efficiency in the planning and construction of public works.

(b) Uses of Advances.—A public agency or Indian tribe shall use an advance under subsection (a) to aid in financing the cost of feasibility studies, engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, and for construction in connection with the development of a medical center, a general plan for the development of the center.

(c) No Future Commitment.—An advance under subsection (a) does not commit the Congress to appropriate amounts to assist in financing the construction of any public works planned with the aid of that advance. Outstanding advances to public agencies and Indian tribes in a State shall not exceed 12.5 percent of the aggregate then authorized to be appropriated to the revolving fund established under section 3503 of this title.

(d) Requirements for Advances.—An advance shall not be made under subsection (a) for an individual project (including a regional, metropolitan, or other areawide project) unless—

(1) the project is planned to be constructed within or over a reasonable period of time considering the nature of the project;

(2) the project conforms to an overall state, local, or regional plan approved by a competent state, local, or regional authority; and

(3) the public agency or Indian tribe formally contracts with the Federal Government to complete the plan preparation promptly and to repay part or all of the advance when due.

(e) Regulations.—The Secretary may prescribe regulations to carry out this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)

Historical and Revision Notes

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

3502 
40:462(a), (b), (d). 
Aug. 2, 1954, ch. 649, title VII, §702(a), (b), (d), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, §112, 69 Stat. 641; Pub. L. 87–70, title V, §502(1), (2), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, §602(a)–(c), (e), (f), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22; Pub. L. 90–448, title VI, §607, Aug. 1, 1968, 82 Stat. 534; Pub. L. 100–242, title V, §524(1), Feb. 5, 1988, 101 Stat. 1939.

In subsection (a), the words "section 3324(a) and (b) of title 31" are substituted for "section 3648 of the Revised Statutes, as amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68 Stat. 641) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "municipalities and other" are omitted as being included in "public agencies".

In subsection (c), the words "in any way" are omitted as unnecessary.

In subsection (e), the word "rules" is omitted as being included in "regulations".
40 U.S.C. § 901 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 9 / Section 901: Purpose and policy
Purpose and policy
Status: in_force

The purpose of this chapter is to promote harmonious intergovernmental relations and encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures for the Administrator of General Services to acquire, use, and dispose of land in urban areas. To the greatest extent practicable, urban land transactions entered into for the General Services Administration and other federal agencies shall be consistent with zoning and land use practices and with the planning and development objectives of local governments and planning agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)

Historical and Revision Notes

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

901 
40:531. 
June 30, 1949, ch. 288, title VIII, §802, as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1104.
40 U.S.C. § 8125 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter II / Section 8125: Public spaces resulting from filling of canals
Public spaces resulting from filling of canals
Status: in_force

The Director of the National Park Service has jurisdiction over all public spaces resulting from the filling of canals in the original city of Washington that were not under the jurisdiction of the Chief of Engineers of the United States Army as of August 1, 1914, except spaces included in the navy yard or in actual use as roadways and sidewalks and spaces assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station. The spaces shall be laid out as reservations as a part of the park system of the District of Columbia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)

Historical and Revision Notes

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

8125 
40:82. 
Aug. 1, 1914, ch. 223, §1 (last par. on p. 633), 38 Stat. 633.

For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. However, the words "Chief of Engineers of the United States Army" in the source provision are retained for historical purposes.
40 U.S.C. § 8141 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter III / Section 8141: Contract to rent buildings in the District of Columbia not to be made until appropriation enacted
Contract to rent buildings in the District of Columbia not to be made until appropriation enacted
Status: in_force

A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)

Historical and Revision Notes

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

8141 
40:34. 
Mar. 3, 1877, ch. 106 (words after 2d semicolon in 3d par. under heading "Miscellaneous"), 19 Stat. 370.
40 U.S.C. § 584 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 584: Assignment and reassignment of space
Assignment and reassignment of space
Status: in_force

(a) Authority.—

(1) In general.—Subject to paragraph (2), the Administrator of General Services may assign or reassign space for an executive agency in any Federal Government-owned or leased building.

(2) Requirements.—The Administrator's authority under paragraph (1) may be exercised only—

(A) in accordance with policies and directives the President prescribes under section 121(a) of this title;

(B) after consultation with the head of the executive agency affected; and

(C) on a determination by the Administrator that the assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security.

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

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

Historical and Revision Notes

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

584 
40:490(e). 
June 30, 1949, ch. 288, title II, §210(e), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582; Pub. L. 94–541, title I, §104(b), Oct. 18, 1976, 90 Stat. 2506.

Statutory Notes and Related Subsidiaries

Utilizing Space Efficiently and Improving Technologies Act

Pub. L. 118–272, div. B, title III, §2302, Jan. 4, 2025, 138 Stat. 3218, provided that:

"(a) Definitions.—In this section:

"(1) Actual utilization rate.—The term 'actual utilization rate' means the total usable square footage of a public building or federally-leased space divided by the occupancy.

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

"(3) Building utilization.—The term 'building utilization' means the percentage of utilization generated by comparing the actual utilization rate with the capacity based on a utilization benchmark of 150 useable square feet per person.

"(4) Capacity.—The term 'capacity' means the total usable square footage of a public building or federally-leased space divided by a utilization benchmark.

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

"(6) Federal agency.—The term 'Federal agency' means an executive department covered by the Chief Financial Officers Act of 1990 (Public Law 101–576; 104 Stat. 2838).

"(7) Occupancy.—The term 'occupancy' means the average number of employees actually performing duties in person in a public building or federally-leased space at least 40 hours per week over a 2-month period.

"(8) Public building.—The term 'public building' has the meaning given the term in section 3301(a) of title 40, United States Code.

"(b) Identification and Deployment of Building Usage Technology.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Jan. 4, 2025], the Administrator, in coordination with the Director, shall establish standard methodologies and identify technologies available for measuring occupancy in public buildings and federally-leased space.

"(2) Measurement of utilization.—Not later than 180 days after the date of enactment of this Act, the heads of Federal agencies shall work with the Administrator to identify, deploy, and use Personal Identity Verification badge swipe data isolating only the first credential use of the day for each cardholder and other technologies that the Administrator determines to be appropriate, such as sensors, in public buildings and federally-leased space where the Federal agency occupies space to measure the occupancy of public buildings and federally-leased space.

"(3) Protection of personally identifiable information.—In carrying out paragraph (2), the Administrator shall ensure any sensors used for the purposes of determining occupancy are designed to protect of all personally identifiable information.

"(c) Reporting on Usage of Real Property.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the heads of Federal agencies shall submit to the Director, the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on—

"(A) the occupancy and the actual utilization rates of space in public buildings and federally-leased space occupied by the respective agency of the Federal agency head broken down by building and lease;

"(B) the methodology used for determining occupancy, including the period of time and other parameters used to determine occupancy on a regular basis;

"(C) the utilization percentage of each public building and federally-leased space by the respective agency of the Federal agency head, comparing the capacity to the actual utilization rate based on a utilization benchmark of 150 usable square feet per person; and

"(D) any costs associated with capacity that exceeds occupancy with respect to the respective agency of the Federal agency head.

"(2) Publishing requirement.—

"(A) In general.—Except as provided in subparagraph (B), the heads of Federal agencies shall make each report required under paragraph (1) available on a publicly accessible website of the General Services Administration.

"(B) Exception.—The publishing requirements of subparagraph (A) shall not apply if the head of the respective Federal agency makes a determination that making the report required under paragraph (1) available on a publicly accessible website would be detrimental to national security.

"(d) Reducing Unneeded Space.—

"(1) Target utilization metrics.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director, in consultation with the Administrator, shall ensure building utilization in each public building and federally-leased space is not less than 60 percent on average over each 1-year period.

"(2) Actions.—In the event that building utilization is below 60 percent on average over a 1-year period described in paragraph (1) for any particular public building or federally-leased space, the Administrator shall—

"(A) provide notice to the tenant agency informing the agency of the excess in capacity along with associated costs of such excess; and

"(B) notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate of the excess capacity and associated costs.

"(3) Subsequent failure.—If the tenant agency fails to meet the 60 percent target under paragraph (1) in the reporting period subsequent to the reporting period under paragraph (2), the Administrator shall, in consultation with the Director, take steps to reduce the space of the tenant agency, including consolidating the tenant agency with another agency, selling or disposing of excess capacity space, and adjusting space requirements, as appropriate, for any replacement space.

"(4) Prioritization.—The Administrator, in coordination with the Director, shall prioritize to the maximum extent practicable capital investments in public buildings where Federal agencies meet or exceed building utilization metrics, except that prioritization may be given to projects that will result in building utilization of 60 percent or more.

"(5) Exceptions.—

"(A) In general.—The Director may provide exceptions to building utilization metrics based on the amount of non-standard office space a Federal agency demonstrates is required to meet the mission of the agency, including warehouse space, laboratories critical to the mission of the agency, and public customer-facing spaces driven by agency missions.

"(B) Reporting.—The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on any exceptions granted under subparagraph (A), including the justification for the exception.

"(e) Headquarters Buildings.—

"(1) Headquarters consolidations.—Not later than 1 year after the date of enactment of this Act [Jan. 4, 2025], the Director, in consultation with the Administrator, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Comptroller General of the United States a plan to consolidate department and agency headquarters buildings in the National Capital Region that will result in building utilizations of 60 percent or greater.

"(2) Contents.—The plan submitted under paragraph (1) shall include details on the following:

"(A) Which departments and agencies will collocate and consolidate and into which buildings and associated details before and after plan implementation related to building utilization, building capacities, and actual utilization.

"(B) Details on the strategies for the sale or disposal of buildings that will no longer be needed for Federal use.

"(C) A detailed breakdown of any costs associated with the proposed consolidations and collocations.

"(D) An estimate of future savings as a result of space reductions and consolidations, including costs associated with energy savings and building operations.

"(3) Implementation.—Not later than 1 year after the submission of the plan under paragraph (1), the Administrator and Director shall begin implementing the plan.

"(f) Federal Use It or Lose It Leases Act.—

"(1) Definitions.—In this subsection:

"(A) Federal tenant.—

"(i) In general.—The term 'Federal tenant' means a Federal agency that has an occupancy agreement with the Administrator to occupy a commercial lease for office space secured by the Administrator on behalf of the Federal Government.

"(ii) Exclusion.—The term 'Federal tenant' does not include an element of the intelligence community.

"(B) Intelligence community.—The term 'intelligence community' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

"(2) Reporting of space utilization and occupancy data for office space.—An occupancy agreement between the Administrator and a Federal tenant for office space shall—

"(A) include language that requires the Federal tenant to submit to the Administrator an annual report for the duration of the agreement containing data on—

"(i) monthly total occupancy of such office space;

"(ii) the actual utilization of such office space;

"(iii) monthly space utilization rates; and

"(iv) any other office space utilization data considered important by the Administrator; and

"(B) include language that requires the Federal tenant to have written procedures in place governing the return of office space to the Administrator if the occupancy of the Federal tenant falls below a 60 percent space utilization rate for 6 months within any 1-year period, beginning on the date on which the agreement takes effect.

"(3) Requirements for federal agencies with independent leasing authorities.—The head of any agency with independent leasing authorities with leases for office space shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and each congressional committee of jurisdiction of the applicable independent leasing authority an annual report for the duration of the agreement containing data on—

"(A) monthly total occupancy of the office space;

"(B) the actual utilization of the office space;

"(C) monthly space utilization rates; and

"(D) any other office space utilization data considered important for collection by Congress.

"(4) Exceptions to reporting and occupancy agreement requirements.—This subsection shall not apply to properties used by an element of the intelligence community.

"(5) Applicability.—The requirements of this subsection shall apply to any occupancy or novation agreement entered into on or after the date that is 180 days after the date of enactment of this Act.

"(g) GAO Report.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the cost to each Federal agency of measuring the occupancy and actual utilization rates of space in public buildings and federally-leased space to prepare the reports required under subsection (d).

"(2) Requirements.—The Comptroller General of the United States shall include in the report required under paragraph (1) the cost of deploying sensors and technologies pursuant to subsection (c) but shall exclude any such technologies that were in place before the date of enactment of this Act.

"(h) Investigation of Underutilized Space.—

"(1) Reporting requirement.—Not later than 90 days after the submission of each report under subsection (d), the head of each Federal agency shall submit to the inspector general of each respective agency a report detailing any public building or federally-leased space with a capacity of 500 or more employees under the jurisdiction of the agency that has a utilization rate below 20 percent during the reporting period that is not a vacant office building.

"(2) Inspector general investigation.—On receipt of a report under paragraph (1), the inspector general of the relevant Federal agency shall conduct an investigation to determine whether there is any evidence of fraud, waste, abuse, or mismanagement with respect to the use of the public building or federally-leased space identified in the report."

Executive Documents

Ex. Ord. No. 12411. Government Work Space Management Reforms

Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 486 of Title 40 of the United States Code [now 40 U.S.C. 121], in order to institute fundamental changes in the manner in which Federal work space is managed to ensure its efficient utilization, it is hereby ordered as follows:

Section 1. In order to make the Federal use of work space (including office space, warehouses and special purpose space, whether federally owned, leased or controlled) and related furnishings more effective in support of agency missions, minimize the acquisition of government resources, and reduce the administrative costs of the Federal government, the heads of all Federal Executive agencies shall:

(a) Establish programs to reduce the amount of work space, used or held, to that amount which is essential for known agency missions;

(b) Produce and maintain a total inventory of work space and related furnishings and declare excess to the Administrator of General Services all such holdings that are not necessary to satisfy existing or known and verified planned programs;

(c) Ensure that the amount of office space used by each employee of the agency, or others using agency-controlled space, is held to the minimum necessary to accomplish the task that must be performed;

(d) Manage the furniture, equipment, decoration, drapes, carpeting, plants and other accoutrements so that the use of all furnishings by the agency reflects a judicious employment of public moneys;

(e) Consider, in making decisions concerning the use, acquisition, or disposal of work space and related furnishings, the effects of its actions on costs incurred by other Federal agencies;

(f) Report all vacant work space retained for future Federal uses to the Administrator of General Services so that it may be made available for the temporary use of other Federal agencies, to the extent consistent with national defense requirements;

(g) Establish a work space management plan to meet the provisions of this Order, including specification of the goals to be achieved and actions to be taken by the agency in order to improve its utilization of all work space and related furnishings; and

(h) Establish information systems, implement inventory controls and conduct surveys, in accordance with procedures established by the Administrator of General Services, so that a government-wide reporting system may be developed.

Sec. 2. The Administrator of General Services is delegated authority, to the extent not prohibited by other laws, to conduct surveys, establish agency-wide objectives for work space use for each Executive agency, and establish procedures, guidelines and regulations to be followed by the agencies in developing the work space planning, information and reporting systems required by this Order.

Ronald Reagan.
40 U.S.C. § 8733 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter IV / Section 8733: Lease of land acquired for park, parkway, or playground purposes
Lease of land acquired for park, parkway, or playground purposes
Status: in_force

The Secretary of the Interior may lease, for not more than five years, land or an existing building or structure on land acquired for park, parkway, or playground purposes, and may renew the lease for an additional five years. A lease or renewal under this section is—

(1) subject to the approval of the National Capital Planning Commission;

(2) subject to the need for the immediate use of the land, building, or structure in other ways by the public; and

(3) on terms the Administrator decides.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)

Historical and Revision Notes

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

8733 
40:72b. 
Dec. 22, 1928, ch. 48, §2, 45 Stat. 1070.

The words "Administrator of General Services" are substituted for "Director of Public Buildings and Public Parks of the National Capital" [subsequently changed to "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
40 U.S.C. § 5108 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5108: Audit of private organizations
Audit of private organizations
Status: in_force

A private organization (except a political party or committee constituted for the election of federal officials), whether or not organized for profit and whether or not any of its income inures to the benefit of any person, that performs services or conducts activities in the United States Capitol Buildings or Grounds is subject to a special audit of its accounts for each year in which it performs those services or conducts those activities. The Comptroller General shall conduct the audit and report the results of the audit to the Senate and the House of Representatives.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)

Historical and Revision Notes

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

5108 
40:193m–1. 
Pub. L. 91–510, title IV, §451(a), Oct. 26, 1970, 84 Stat. 1193.

The words "as defined by or pursuant to law" are omitted as unnecessary because of sections 5101 and 5102 of the revised title. The words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
40 U.S.C. § 15751 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter III / Section 15751: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) In General.—There is authorized to be appropriated to each Commission to carry out this subtitle $40,000,000 for each of fiscal years 2025 through 2029.

(b) Administrative Expenses.—

(1) In general.—Except as provided in paragraph (2), not more than 10 percent of the funds made available to a Commission in a fiscal year under this section may be used for administrative expenses.

(2) Limited funding.—In a case in which less than $10,000,000 is made available to a Commission for a fiscal year under this section, paragraph (1) shall not apply.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2244; amended Pub. L. 113–79, title VI, §6207, Feb. 7, 2014, 128 Stat. 861; Pub. L. 115–334, title VI, §6304(e), Dec. 20, 2018, 132 Stat. 4752; Pub. L. 118–272, div. B, title II, §2241, Jan. 4, 2025, 138 Stat. 3202.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2025—Subsec. (a). Pub. L. 118–272 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "There is authorized to be appropriated to each Commission to carry out this subtitle $33,000,000 for each of fiscal years 2019 through 2023."

2018—Subsec. (a). Pub. L. 115–334 substituted "$33,000,000 for each of fiscal years 2019 through 2023" for "$30,000,000 for each of fiscal years 2008 through 2018".

2014—Subsec. (a). Pub. L. 113–79, §6207(1), substituted "2018" for "2012".

Subsec. (b). Pub. L. 113–79, §6207(2), designated existing provisions as par. (1) and inserted heading, substituted "Except as provided in paragraph (2), not more than" for "Not more than", and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 501 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter I / Section 501: Services for executive agencies
Services for executive agencies
Status: in_force

(a) Authority of Administrator of General Services.—

(1) In general.—The Administrator of General Services shall take action under this subchapter for an executive agency—

(A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and

(B) with due regard to the program activities of the agency.

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

(b) Procurement and Supply.—

(1) Functions.—

(A) In general.—The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting.

(B) Public utility contracts.—A contract for public utility services may be made for a period of not more than 10 years.

(2) Policies and methods.—

(A) In general.—The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions.

(B) Controlling regulation.—Policies and methods prescribed by the Administrator of General Services under this paragraph are subject to regulations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41.

(c) Representation.—(1) For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies—

(A) in negotiations with carriers and other public utilities; and

(B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.

(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—

(A) notify the senior mission commander of the installation; and

(B) solicit and represent the interests of the installation as determined by the installation's senior mission commander.

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

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1079; Pub. L. 111–350, §5(l)(6), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 115–232, div. B, title XXVIII, §2826, Aug. 13, 2018, 132 Stat. 2270.)

Historical and Revision Notes

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

501(a) 
40:481(a) (words before cl. (1), last proviso). 
June 30, 1949, ch. 288, title II, §201(a), 63 Stat. 383; Pub. L. 93–400, §15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331.

501(b) 
40:481(a)(1), (3).

501(c) 
40:481(a)(4).

501(d) 
40:481(a)(2).

In subsection (a)(2), the words "from time to time" are omitted as unnecessary. The words "Department of Defense" are substituted for "National Military Establishment" in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, because the Department of Defense was deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591). The words "or which may be taken" are omitted as unnecessary.

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

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–232 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

2011—Subsec. (b)(2)(B). Pub. L. 111–350 substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
40 U.S.C. § 6504 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 65 / Section 6504: Lease of building
Lease of building
Status: in_force

(a) Lease Agreement.—Under an agreement with the person selected to construct the Thurgood Marshall Federal Judiciary Building, the Architect of the Capitol shall lease the Building to carry out the objectives of this chapter.

(b) Minimum Requirements of Lease Agreement.—The agreement includes at a minimum the following:

(1) Limit on length of lease.—The Architect will lease the Building and other improvements for not more than 30 years from the effective date of the agreement.

(2) Rental rate.—The rental rate per square foot of occupiable space for all space in the Building and other improvements will be in the best interest of the Federal Government and will carry out the objectives of this chapter. The aggregate rental rate for all space in the Building and other improvements shall produce an amount at least equal to the amount necessary to amortize the cost of development of squares 721 and 722 in the District of Columbia over the life of the lease.

(3) Authority to make space available and sublease space.—The Architect may make space available and sublease space in the Building and other improvements in accordance with section 6506 of this title.

(4) Other terms and conditions.—The agreement contains terms and conditions the Architect prescribes to carry out the objectives of this chapter.

(c) Obligation of Amounts.—Obligation of amounts for lease payments under this section may only be made—

(1) on an annual basis; and

(2) from the account described in section 6507 of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)

Historical and Revision Notes

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

6504(a) 
40:1203(a). 
Pub. L. 100–480, §§3(b)(2)(D) (words after "provisions of this chapter"), 4(a), (b), (d), Oct. 7, 1988, 102 Stat. 2330, 2331.

6504(b)(1)– (3) 
40:1203(b).

6504(b)(4) 
40:1202(b)(2)(D) (words after "provisions of this Act").

6504(c) 
40:1203(d).

Subsection (a) is substituted for 40:1203(a) to eliminate obsolete words.

In subsection (b)(2), the words "in the District of Columbia" are added for clarity.
40 U.S.C. § 529 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 529: Annual executive agency reports on excess personal property
Annual executive agency reports on excess personal property
Status: in_force

(a) In General.—During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on personal property—

(1) obtained as—

(A) excess property; or

(B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and

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

(b) Required Information.—The report must set out the categories of equipment and show—

(1) the acquisition cost of the property;

(2) the recipient of the property; and

(3) other information the Administrator may require.

(c) Compilation of Data.—Not later than 180 days following the close of a fiscal year, the Administrator shall compile the data in the reports submitted under subsection (a) and submit to the Committee on Homeland Security 1 Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives and publish on a centralized online website a publicly available report, which shall include—

(1) the complete data provided in each report in a user-friendly format;

(2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and

(3) any other recommendations from the Administrator.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086; Pub. L. 118–99, §2(a)(1), (e)(1), Oct. 1, 2024, 138 Stat. 1578, 1579.)

Amendment of Section

Pub. L. 118–99, §2(e)(1), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is amended:

(1) in subsection (a), in the matter preceding paragraph (1), by striking "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives"; and

(2) by striking subsection (c).

See 2024 Amendment notes below.

Historical and Revision Notes

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

529 
40:483(e). 
June 30, 1949, ch. 288, title II, §202(e), as added Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454.

In subsection (a)(2), the words "in any manner whatsoever" are omitted as unnecessary.

In subsection (b), the words "set out the categories of equipment" are substituted for "showing . . . categories of equipment" to clarify the required form and content of the report. The words "The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103–7.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–99, §2(e)(1)(A), struck out "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.

Pub. L. 118–99, §2(a)(1)(A), inserted "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.

Subsec. (c). Pub. L. 118–99, §2(e)(1)(B), struck out subsec. (c) which related to compilation of data in the reports submitted under subsection (a).

Pub. L. 118–99, §2(a)(1)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(1) is effective on the date that is 5 years after Oct. 1, 2024.

1 So in original. The word "and" probably should appear.
40 U.S.C. § 8904 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 89 / Section 8904: National Capital Memorial Advisory Commission
National Capital Memorial Advisory Commission
Status: in_force

(a) Establishment and Composition.—There is established the National Capital Memorial Advisory Commission, which shall be composed of—

(1) the Director of the National Park Service;

(2) the Architect of the Capitol;

(3) the Chairman of the American Battle Monuments Commission;

(4) the Chairman of the Commission of Fine Arts;

(5) the Chairman of the National Capital Planning Commission;

(6) the Mayor of the District of Columbia;

(7) the Commissioner of the Public Buildings Service of the General Services Administration; and

(8) the Secretary of Defense.

(b) Chairman.—The Director is the Chairman of the National Capital Memorial Advisory Commission.

(c) Advisory Role.—The National Capital Memorial Advisory Commission shall advise the Secretary of the Interior and the Administrator of General Services (as appropriate) on policy and procedures for establishment of, and proposals to establish, commemorative works in the District of Columbia and its environs and on other matters concerning commemorative works in the Nation's Capital as the Commission considers appropriate.

(d) Meetings.—The National Capital Memorial Advisory Commission shall meet at least twice annually.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §203(d), Nov. 17, 2003, 117 Stat. 1351; Pub. L. 111–11, title VII, §7116(e)(2), Mar. 30, 2009, 123 Stat. 1203.)

Historical and Revision Notes

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

8904(a), (b) 
40:1004(a). 
Pub. L. 99–652, §4, Nov. 14, 1986, 100 Stat. 3651.

8904(c) 
40:1004(b) (1st sentence).

8904(d) 
40:1004(b) (last sentence).

Editorial Notes

Amendments

2009—Subsec. (b). Pub. L. 111–11 inserted "Advisory" before "Commission".

2003—Pub. L. 108–126, §203(d)(1), inserted "Advisory" before "Commission" in section catchline.

Subsec. (a). Pub. L. 108–126, §203(d)(2), substituted "There is established the National Capital Memorial Advisory Commission, which shall be composed of" for "There is a National Capital Memorial Commission. The membership of the Commission consists of" in introductory provisions.

Subsec. (c). Pub. L. 108–126, §203(d)(3), inserted "Advisory" before "Commission shall" and substituted "Services (as appropriate)" for "Services".

Subsec. (d). Pub. L. 108–126, §203(d)(4), inserted "Advisory" before "Commission".

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.

Termination of Advisory Commissions

Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
40 U.S.C. § 17901 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 179 / Section 17901: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Federal agency.—The term "federal agency" means a department, agency, or instrumentality of the Federal Government.

(2) Federally generated electric energy.—The term "federally generated electric energy" means any electric power generated by an electric generating facility owned and operated by a federal agency.

(3) Non-federal person.—The term "non-federal person" means a corporation, cooperative, municipality, or other non-federal entity that generates electric energy through a facility other than a federally owned electric generating facility.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)

Historical and Revision Notes

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

17901 
40:795. 
Pub. L. 96–571, §2, Dec. 22, 1980, 94 Stat. 3341.

In clause (1), the definition of "agency" as referring to the head of any department, agency, or instrumentality of the United States Government is rewritten as a definition of "federal agency" to avoid confusion between the role of the "agency" and the "head of the agency". Throughout the chapter, the words "head of the federal agency" are used when the source provision is referring to action taken by an official as opposed to the concept of the agency as an institution.

In clause (3), the text of 40:795(1) and (4) is combined to eliminate a definition (40:795(1)) that is used only once.
40 U.S.C. § 9101 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 91 / Section 9101: Establishment, composition, and vacancies
Establishment, composition, and vacancies
Status: in_force

(a) Establishment.—There is a Commission of Fine Arts.

(b) Composition.—The Commission is composed of seven well-qualified judges of the fine arts, appointed by the President, who serve for four years each or until their successors are appointed and qualified.

(c) Vacancies.—The President shall fill vacancies on the Commission.

(d) Expenses.—Members of the Commission shall be paid actual expenses in traveling to and from the District of Columbia to attend Commission meetings and while attending those meetings.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)

Historical and Revision Notes

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

9101(a), (b) 
40:104 (1st sentence). 
May 17, 1910, ch. 243, §1 (1st, 2d sentences, last sentence words after comma), 36 Stat. 371.

9101(c) 
40:104 (2d sentence).

9101(d) 
40:104 (last sentence words after comma).

In subsection (a), the word "permanent" is omitted as obsolete.

In subsection (d), the words "the District of Columbia" are substituted for "Washington" for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 14521 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter II / Section 14521: Required level of expenditure
Required level of expenditure
Status: in_force

A State or political subdivision of a State is not eligible to receive benefits under this subtitle unless the aggregate expenditure of state amounts, except expenditures for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways and local and federal amounts, for the benefit of the area within the State located in the Appalachian region is maintained at a level which does not fall below the average level of those expenditures for the State's last two full fiscal years prior to March 9, 1965. In computing the level, a State's past expenditure for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways and expenditures of local and federal amounts shall not be included. The Commission shall recommend to the President a lesser requirement when it finds that a substantial population decrease in that part of a State which lies within the region would not justify a state expenditure equal to the average level of the last two years or when it finds that a State's average level of expenditure in an individual program has been disproportionate to the present need for that part of the State.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)

Historical and Revision Notes

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

14521 
40 App.:221. 
Pub. L. 89–4, title II, §221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927.

The words "or such Federal officer or officers as the President may designate" are omitted because of 3:301.
40 U.S.C. § 8124 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter II / Section 8124: Transfer of jurisdiction between Federal and District of Columbia authorities
Transfer of jurisdiction between Federal and District of Columbia authorities
Status: in_force

(a) Transfer of Jurisdiction.—Federal and District of Columbia authorities administering properties in the District that are owned by the Federal Government or by the District may transfer jurisdiction over any part of the property among or between themselves for purposes of administration and maintenance under conditions the parties agree on. The National Capital Planning Commission shall recommend the transfer before it is completed.

(b) Report to Congress.—The District authorities shall report all transfers and agreements to Congress.

(c) Certain Laws Not Repealed.—Subsection (a) does not repeal any law in effect on May 20, 1932, which authorized the transfer of jurisdiction of certain land among and between federal and District authorities.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)

Historical and Revision Notes

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

8124(a), (b) 
40:122. 
May 20, 1932, ch. 197, §1, 47 Stat. 161; Aug. 30, 1954, ch. 1076, §(20), 68 Stat. 967.

8124(c) 
40:123. 
May 20, 1932, ch. 197, §2, 47 Stat. 162.

In subsection (a), the words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.

In subsection (c), the words "but all such laws shall remain in full force and effect" are omitted as unnecessary.
40 U.S.C. § 3311 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3311: State administration of criminal and health and safety laws
State administration of criminal and health and safety laws
Status: in_force

When the Administrator of General Services considers it desirable, the Administrator may assign to a State or a territory or possession of the United States any part of the authority of the Federal Government to administer criminal laws and health and safety laws with respect to land or an interest in land under the control of the Administrator and located in the State, territory, or possession. Assignment of authority under this section may be accomplished by filing with the chief executive officer of the State, territory, or possession a notice of assignment to take effect on acceptance, or in another manner as may be prescribed by the laws of the State, territory, or possession in which the land or interest is located.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164.)

Historical and Revision Notes

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

3311 
40:617. 
Pub. L. 86–249, §19, as added Pub. L. 100–678, §5, Nov. 17, 1988, 102 Stat. 4050.

The words "Notwithstanding any other provision of law" and "commonwealth" are omitted as unnecessary.
40 U.S.C. § 3705 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 37 / Section 3705: Safety programs
Safety programs
Status: in_force

The Secretary of Labor shall—

(1) provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe working conditions in employment covered by this chapter; and

(2) collect reports and data and consult with and advise employers as to the best means of preventing injuries.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)

Historical and Revision Notes

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

3705 
40:333(f). 
Pub. L. 87–581, title I, §107(f), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 98.
40 U.S.C. § 503 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter I / Section 503: Exchange or sale of similar items
Exchange or sale of similar items
Status: in_force

(a) Authority of Executive Agencies.—In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired.

(b) Applicable Regulation and Law.—

(1) Regulations prescribed by administrator of general services.—A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41.

(2) In writing.—A transaction under subsection (a) must be evidenced in writing.

(3) Section 6101(b) to (d) of title 41.—Section 6101(b) to (d) of title 41 applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545(d) of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081; Pub. L. 111–350, §5(l)(8), Jan. 4, 2011, 124 Stat. 3851.)

Historical and Revision Notes

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

503 
40:481(c). 
June 30, 1949, ch. 288, title II, §201(c), 63 Stat. 384; Pub. L. 93–400, §15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100–612, §2, Nov. 5, 1988, 102 Stat. 3180.

In subsection (a), the words "in such cases" are omitted as unnecessary.

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

In subsection (b)(2), the words "the authority of" are omitted as unnecessary.

Editorial Notes

Amendments

2011—Subsec. (b)(1). Pub. L. 111–350, §5(l)(8)(A), substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".

Subsec. (b)(3). Pub. L. 111–350, §5(l)(8)(B), substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of revised statutes" in heading and "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)" in text.
40 U.S.C. § 14301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14301: Establishment, membership, and employees
Establishment, membership, and employees
Status: in_force

(a) Establishment.—There is an Appalachian Regional Commission.

(b) Membership.—

(1) Federal and state members.—The Commission is composed of the Federal Cochairman, appointed by the President by and with the advice and consent of the Senate, and the Governor of each participating State in the Appalachian region.

(2) Alternate members.—Each state member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff. The President,,1 shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. A state alternate shall not be counted toward the establishment of a quorum of the Commission when a quorum of the state members is required.

(3) Cochairmen.—The Federal Cochairman is one of the two Cochairmen of the Commission. The state members shall elect a Cochairman of the Commission from among themselves for a term of not less than one year.

(c) Compensation.—The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5. The Federal Cochairman's alternate shall be compensated by the Government at level V of the Executive Schedule as set out in section 5316 of title 5. Each state member and alternate shall be compensated by the State which they represent at the rate established by law of that State.

(d) Delegation.—

(1) Powers and responsibilities.—Commission powers and responsibilities specified in section 14302(c) and (d) of this title, and the vote of any Commission member, may not be delegated to an individual who is not a Commission member or who is not entitled to vote in Commission meetings.

(2) Alternate federal cochairman.—The alternate to the Federal Cochairman shall perform the functions and duties the Federal Cochairman delegates when not actively serving as the alternate.

(e) Executive Director.—The Commission has an executive director. The executive director is responsible for carrying out the administrative functions of the Commission, for directing the Commission staff, and for other duties the Commission may assign.

(f) Status of Personnel.—Members, alternates, officers, and employees of the Commission are not federal employees for any purpose, except the Federal Cochairman, the alternate to the Federal Cochairman, the staff of the Federal Cochairman, and federal employees detailed to the Commission under section 14306(a)(3) of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256; Pub. L. 112–166, §2(n), Aug. 10, 2012, 126 Stat. 1287.)

Historical and Revision Notes

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

14301(a), (b)(1) 
40 App.:101(a)(1) (1st, 3d sentences). 
Pub. L. 89–4, title I, §101(a)(1), (c), (d), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §§103(1), (2), (4), (5), 104, Dec. 31, 1975, 89 Stat. 1079, 1080; Pub. L. 105–393, title II, §203(a)(1), (b)(2), Nov. 13, 1998, 112 Stat. 3619.

14301(b)(2) 
40 App.:101(c) (1st–4th sentences).

14301(b)(3) 
40 App.:101(a)(1) (2d, last sentences).

14301(c) 
40 App.:101(d) (1st sentence, 2d sentence related to compensation, last sentence).

14301(d)(1) 
40 App.:101(c) (last sentence).

14301(d)(2) 
40 App.:101(d) (2d sentence related to delegation).

14301(e) 
40 App.:106(2) (2d sentence). 
Pub. L. 89–4, title I, §106(2) (2d, last sentences), Mar. 9, 1965, 79 Stat. 8; Pub. L. 94–188, title I, §108, Dec. 31, 1975, 89 Stat. 1081.

14301(f) 
40 App.:106(2) (last sentence).

In subsection (e), the words "The Commission has an executive director" are added for clarity.

Editorial Notes

Amendments

2012—Subsec. (b)(2). Pub. L. 112–166 struck out "by and with the advice and consent of the Senate" after "The President,".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

1 So in original.
40 U.S.C. § 15732 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter II / Section 15732: Southwest Border Regional Commission
Southwest Border Regional Commission
Status: in_force

The region of the Southwest Border Regional Commission shall consist of the following political subdivisions:

(1) Arizona.—The counties of Cochise, Gila, Graham, Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz, and Yuma in the State of Arizona.

(2) California.—The counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura in the State of California.

(3) New mexico.—The counties of Bernalillo, Catron, Chaves, Cibola, Curry, De Baca, Dona Ana, Eddy, Grant, Guadalupe, Hidalgo, Lea, Lincoln, Luna, Otero, Roosevelt, Sierra, Socorro, Torrance, and Valencia in the State of New Mexico.

(4) Texas.—The counties of Atascosa, Bandera, Bee, Bexar, Brewster, Brooks, Cameron, Coke, Concho, Crane, Crockett, Culberson, Dimmit, Duval, Ector, Edwards, El Paso, Frio, Gillespie, Glasscock, Guadalupe, Hidalgo, Hudspeth, Irion, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, Loving, Mason, Maverick, McMullen, Medina, Menard, Midland, Nueces, Pecos, Presidio, Reagan, Real, Reeves, San Patricio, Shleicher, Sutton, Starr, Sterling, Terrell, Tom Green, Upton, Uvalde, Val Verde, Ward, Webb, Willacy, Wilson, Winkler, Zapata, and Zavala in the State of Texas.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1481, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2243; amended Pub. L. 118–272, div. B, title II, §2246, Jan. 4, 2025, 138 Stat. 3204.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2025—Par. (3). Pub. L. 118–272, §2246(1), inserted "Bernalillo," before "Catron,", "Cibola, Curry, De Baca," after "Chaves,", "Guadalupe," after "Grant,", "Lea," after "Hidalgo,", and "Roosevelt," after "Otero," and substituted "Socorro, Torrance, and Valencia" for "and Socorro".

Par. (4). Pub. L. 118–272, §2246(2), inserted "Guadalupe," after "Glasscock," and substituted "Tom Green, Upton," for "Tom Green Upton,".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 6122 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter III / Section 6122: Designation of members of the Supreme Court Police
Designation of members of the Supreme Court Police
Status: in_force

Under the general supervision and direction of the Chief Justice of the United States, the Marshal of the Supreme Court may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)

Historical and Revision Notes

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

6122 
40:13f. 
Aug. 18, 1949, ch. 479, §1, 63 Stat. 616; Pub. L. 97–390, §1(a), Dec. 29, 1982, 96 Stat. 1957.
40 U.S.C. § 18302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 183 / Section 18302: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Arbitration.—The term "arbitration"—

(A) means the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area; but

(B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement.

(2) Arbitrator.—The term "arbitrator" refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures.

(3) Interstate compact agency operating in the national capital area.—The term "interstate compact agency operating in the national capital area" means any interstate compact agency that provides public transit services and that was established by an interstate compact to which the District of Columbia is a signatory.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1292.)

Historical and Revision Notes

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

18302 
40:1302(1), (2), (4), (5). 
Pub. L. 104–50, title IV, §403(1), (2), (4), (5), Nov. 15, 1995, 109 Stat. 464.

The text of 40:1302(4) and (5) is combined to eliminate unnecessary words.
40 U.S.C. § 3318 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3318: 1 Lactation room in public buildings
1 Lactation room in public buildings
Status: in_force

(a) Definitions.—In this section:

(1) Appropriate authority.—The term "appropriate authority" means the head of a Federal agency, the Architect of the Capitol, or other official authority responsible for the operation of a public building.

(2) Covered public building.—The term "covered public building" means a public building (as defined in section 3301) that is open to the public and contains a public restroom, and includes a building listed in section 6301 or 5101.

(3) Lactation room.—The term "lactation room" means a hygienic place, other than a bathroom, that—

(A) is shielded from view;

(B) is free from intrusion; and

(C) contains a chair, a working surface, and, if the public building is otherwise supplied with electricity, an electrical outlet.

(b) Lactation Room Required.—Except as provided in subsection (c), the appropriate authority of a covered public building shall ensure that the building contains a lactation room that is made available for use by members of the public to express breast milk.

(c) Exceptions.—A covered public building may be excluded from the requirement in subsection (b) at the discretion of the appropriate authority if—

(1) the public building—

(A) does not contain a lactation room for employees who work in the building; and

(B) does not have a room that could be repurposed as a lactation room or a space that could be made private using portable materials, at a reasonable cost; or

(2) new construction would be required to create a lactation room in the public building and the cost of such construction is unfeasible.

(d) No Unauthorized Entry.—Nothing in this section shall be construed to authorize an individual to enter a public building or portion thereof that the individual is not otherwise authorized to enter.

(Added Pub. L. 116–30, §2(a), July 25, 2019, 133 Stat. 1032.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–30, §2(c), July 25, 2019, 133 Stat. 1033, provided that: "The amendments made by this section [enacting this section] shall take effect 1 year after the date of the enactment of this Act [July 25, 2019]."

1 Another section 3318 is set out after this section.
40 U.S.C. § 624 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VII / Section 624: Information on certain leasing authorities
Information on certain leasing authorities
Status: in_force

(a) In General.—Except as provided in subsection (b), not later than December 31 of each year following the date of enactment of this subchapter, a Federal agency with independent leasing authority shall submit to the Council a list of all leases, including operating leases, in effect on the date of enactment of this subchapter that includes—

(1) the date on which each lease was executed;

(2) the date on which each lease will expire;

(3) a description of the size of the space;

(4) the location of the property;

(5) the tenant agency;

(6) the total annual rental payment; and

(7) the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract.

(b) Exception.—Subsection (a) shall not apply to—

(1) the United States Postal Service; or

(2) any other property the Director excludes from subsection (a) for reasons of national security.

(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1612.)

Editorial Notes

References in Text

The date of enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
40 U.S.C. § 14305 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14305: Liaison between Federal Government and Commission
Liaison between Federal Government and Commission
Status: in_force

(a) President.—The President shall provide effective and continuing liaison between the Federal Government and the Appalachian Regional Commission and a coordinated review within the Government of the plans and recommendations submitted by the Commission pursuant to sections 14303 and 14304 of this title.

(b) Interagency Coordinating Council on Appalachia.—In carrying out subsection (a), the President shall establish the Interagency Coordinating Council on Appalachia, to be composed of the Federal Cochairman and representatives of federal agencies that carry out economic development programs in the Appalachian region. The Federal Cochairman is the Chairperson of the Council.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)

Historical and Revision Notes

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

14305(a) 
40 App.:104(a). 
Pub. L. 89–4, title I, §104(a), Mar. 9, 1965, 79 Stat. 8; Pub. L. 107–149, §4(1), Mar. 12, 2002, 116 Stat. 67.

14305(b) 
40 App.:104(b) 
Pub. L. 89–4, title I, §104(b), as added Pub. L. 107–149, §4(2), Mar. 12, 2002, 116 Stat. 67.
40 U.S.C. § 124 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter III / Section 124: Agency use of amounts for property management
Agency use of amounts for property management
Status: in_force

Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.

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

Historical and Revision Notes

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

124 
40:475(b). 
June 30, 1949, ch. 288, title VI, §603(b), formerly §503(b), 63 Stat. 403; renumbered [§] 603(b), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.

The words "heretofore or hereafter" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
40 U.S.C. § 704 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 7 / Section 704: Other methods of disposal
Other methods of disposal
Status: in_force

(a) In General.—Foreign excess property not disposed of under section 702 or 703 of this title may be disposed of as provided in this section.

(b) Methods of Disposal.—

(1) Sale, exchange, lease, or transfer.—The head of an executive agency may dispose of foreign excess property by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, under terms and conditions the head of the executive agency considers proper.

(2) Exchange for foreign currency or credit.—If the head of an executive agency determines that it is in the interest of the United States, foreign excess property may be exchanged for—

(A) foreign currencies or credits; or

(B) substantial benefits or the discharge of claims resulting from the compromise or settlement of claims in accordance with law.

(3) Abandonment, destruction, or donation.—The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.

(c) Advertising.—The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous means for the Federal Government to dispose of the property.

(d) Transfer of Title.—The head of an executive agency may execute documents to transfer title or other interests in, and take other action necessary or proper to dispose of, foreign excess property.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)

Historical and Revision Notes

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

704 
40:512(a). 
June 30, 1949, ch. 288, title IV, §402(a), 63 Stat. 398; Pub. L. 91–426, §2(a)–(c), Sept. 26, 1970, 84 Stat. 883; Pub. L. 99–627, §3(a), Nov. 7, 1986, 100 Stat. 3509.
40 U.S.C. § 3131 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter III / Section 3131: Bonds of contractors of public buildings or works
Bonds of contractors of public buildings or works
Status: in_force

(a) Definition.—In this subchapter, the term "contractor" means a person awarded a contract described in subsection (b).

(b) Type of Bonds Required.—Before any contract of more than $100,000 is awarded for the construction, alteration, or repair of any public building or public work of the Federal Government, a person must furnish to the Government the following bonds, which become binding when the contract is awarded:

(1) Performance bond.—A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer considers adequate, for the protection of the Government.

(2) Payment bond.—A payment bond with a surety satisfactory to the officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond shall equal the total amount payable by the terms of the contract unless the officer awarding the contract determines, in a writing supported by specific findings, that a payment bond in that amount is impractical, in which case the contracting officer shall set the amount of the payment bond. The amount of the payment bond shall not be less than the amount of the performance bond.

(c) Coverage for Taxes in Performance Bond.—

(1) In general.—Every performance bond required under this section specifically shall provide coverage for taxes the Government imposes which are collected, deducted, or withheld from wages the contractor pays in carrying out the contract with respect to which the bond is furnished.

(2) Notice.—The Government shall give the surety on the bond written notice, with respect to any unpaid taxes attributable to any period, within 90 days after the date when the contractor files a return for the period, except that notice must be given no later than 180 days from the date when a return for the period was required to be filed under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(3) Civil action.—The Government may not bring a civil action on the bond for the taxes—

(A) unless notice is given as provided in this subsection; and

(B) more than one year after the day on which notice is given.

(d) Waiver of Bonds for Contracts Performed in Foreign Countries.—A contracting officer may waive the requirement of a performance bond and payment bond for work under a contract that is to be performed in a foreign country if the officer finds that it is impracticable for the contractor to furnish the bonds.

(e) Authority To Require Additional Bonds.—This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases, specified in subsection (b).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147; Pub. L. 109–284, §6(8), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes

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

3131(a) 
40:270a(a) (words before cl. (1) related to definition). 
Aug. 24, 1935, ch. 642, §1(a)–(c), 49 Stat. 793; Pub. L. 95–585, Nov. 2, 1978, 92 Stat. 2484; Pub. L. 103–355, title IV, §4104(b)(1)(B), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 106–49, §2(a), Aug. 17, 1999, 113 Stat. 231.

 
40:270d. 
Aug. 24, 1935, ch. 642, §4, 49 Stat. 794.

3131(b) 
40:270a(a) (words before cl. (1) related to furnishing bond), (1), (2).

 
40:270d–1. 
Aug. 24, 1935, ch. 642, §5, as added Pub. L. 103–355, title IV, §4104(b)(1)(A), Oct. 13, 1994, 108 Stat. 3341.

3131(c) 
40:270a(d). 
Aug. 24, 1935, ch. 642, §1(d), as added Pub. L. 89–719, title I, §105(b), Nov. 2, 1966, 80 Stat. 1139.

3131(d) 
40:270a(b).

3131(e) 
40:270a(c).

In subsection (a), the text of 40:270d is omitted because of 1:1.

In subsections (b) and (c), the words "or sureties" are omitted because of 1:1.

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified to Title 26, Internal Revenue Code.

Editorial Notes

Amendments

2006—Subsec. (e). Pub. L. 109–284 substituted "To" for "to" in heading.
40 U.S.C. § 3171 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter VI / Section 3171: Contract authority when appropriation is for less than full amount
Contract authority when appropriation is for less than full amount
Status: in_force

Unless specifically directed otherwise, the Administrator of General Services may make a contract within the full limit of the cost fixed by Congress for the acquisition of land for sites, or for the enlargement of sites, for public buildings, or for the erection, remodeling, extension, alteration, and repairs of public buildings, even though an appropriation is made for only part of the amount necessary to carry out legislation authorizing that purpose.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)

Historical and Revision Notes

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

3171 
40:261. 
May 30, 1908, ch. 228, §34, 35 Stat. 545.

The words "On and after May 30, 1908" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
40 U.S.C. § 14303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14303: Functions
Functions
Status: in_force

(a) In General.—In carrying out the purposes of this subtitle, the Appalachian Regional Commission shall—

(1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities under those plans and programs, giving due consideration to other federal, state, and local planning in the Appalachian region;

(2) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with federal, state, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth;

(3) review and study, in cooperation with the agency involved, federal, state, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region;

(4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation and work with state and local agencies in developing appropriate model legislation;

(5) encourage the formation of, and support, local development districts;

(6) encourage private investment in industrial, commercial, and recreational projects;

(7) serve as a focal point and coordinating unit for Appalachian programs;

(8) provide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences;

(9) encourage the use of eco-industrial development technologies and approaches;

(10) seek to coordinate the economic development activities of, and the use of economic development resources by, federal agencies in the region; and

(11) support broadband access in the Appalachian region.

(b) Identify Needs and Goals of Subregional Areas.—In carrying out its functions under this section, the Commission shall identify the characteristics of, and may distinguish between the needs and goals of, appropriate subregional areas, including central, northern, and southern Appalachia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258; Pub. L. 117–58, div. A, title I, §11506(b), Nov. 15, 2021, 135 Stat. 584.)

Historical and Revision Notes

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

14303 
40 App.:102. 
Pub. L. 89–4, title I, §102, Mar. 9, 1965, 79 Stat. 7; Pub. L. 90–103, title I, §102, Oct. 11, 1967, 81 Stat. 257; Pub. L. 94–188, title I, §105, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 107–149, §3, Mar. 12, 2002, 116 Stat. 66.

Editorial Notes

Amendments

2021—Subsec. (a)(11). Pub. L. 117–58 added par. (11).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.

Termination of Advisory Councils

Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
40 U.S.C. § 5105 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5105: Assistance to authorities by Capitol employees
Assistance to authorities by Capitol employees
Status: in_force

Each individual employed in the service of the Federal Government in the United States Capitol or within the United States Capitol Grounds shall prevent, as far as may be in the individual's power, a violation of a provision of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest and conviction of the individual violating the provision.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)

Historical and Revision Notes

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

5105 
40:193i. 
July 31, 1946, ch. 707, §10, 60 Stat. 719.

The words "by information or otherwise" are omitted as unnecessary.

Editorial Notes

References in Text

Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
40 U.S.C. § 574 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter IV / Section 574: Other rules regarding proceeds
Other rules regarding proceeds
Status: in_force

(a) Credit to Reimbursable Fund or Appropriation.—

(1) Application.—This subsection applies to property acquired with amounts—

(A) not appropriated from the general fund of the Treasury; or

(B) appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts.

(2) In general.—The net proceeds of a disposition or transfer of property described in paragraph (1) shall be—

(A) credited to the applicable reimbursable fund or appropriation; or

(B) paid to the federal agency that determined the property to be excess.

(3) Calculation of net proceeds.—For purposes of this subsection, the net proceeds of a disposition or transfer of property are the proceeds less all expenses incurred for the disposition or transfer, including care and handling.

(4) Alternative credit to miscellaneous receipts.—If the agency that determined the property to be excess decides that it is uneconomical or impractical to ascertain the amount of net proceeds, the proceeds shall be credited to miscellaneous receipts.

(b) Special Account for Refunds or Payments for Breach.—

(1) Deposits.—A federal agency that disposes of surplus property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—

(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and

(B) payments for breach of warranty.

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

(c) Credit to Cost of Contractor's Work.—If a contract made by an executive agency, or a subcontract under that contract, authorizes the proceeds of a sale of property in the custody of a contractor or subcontractor to be credited to the price or cost of work covered by the contract or subcontract, then the proceeds of the sale shall be credited in accordance with the contract or subcontract.

(d) Acceptance of Property Instead of Cash.—An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.

(e) Management of Credit, Leases, and Permits.—For a disposition of surplus property under this chapter, if credit has been extended, or if the disposition has been by lease or permit, the Administrator of General Services, in a manner and on terms the Administrator determines are in the best interest of the Federal Government—

(1) shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and

(2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.

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

Historical and Revision Notes

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

574(a) 
40:485(c). 
June 30, 1949, ch. 288, title II, §204(c)–(g), formerly §204(b)–(f), 63 Stat. 389; redesignated §204(c)–(g), Aug. 31, 1954, ch. 1178, §1(a), 68 Stat. 1051; Pub. L. 96–41, §3(d), July 30, 1979, 93 Stat. 325.

574(b) 
40:485(d).

574(c) 
40:485(e).

574(d) 
40:485(f).

574(e) 
40:485(g).

In subsection (b)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321.

In subsection (e), the words "or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944" are omitted because the War Assets Administration was abolished and its functions were transferred to the General Services Administration by section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).

Executive Documents

Delegation of Functions

Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense.
40 U.S.C. § 8701 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter I / Section 8701: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings.—Congress finds that—

(1) the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland and Virginia;

(2) effective comprehensive planning is necessary on a regional basis and of continuing importance to the federal establishment;

(3) the distribution of federal installations throughout the region has been and will continue to be a major influence in determining the extent and character of development;

(4) there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District of Columbia Governments so that those activities may conform with general objectives;

(5) there is an increasing mutuality of interest and responsibility between the various levels of government that calls for coordinate and unified policies in planning both federal and local development in the interest of order and economy;

(6) there are developmental problems of an interstate character, the planning of which requires collaboration between federal, state, and local governments in the interest of equity and constructive action; and

(7) the instrumentalities and procedures provided in this chapter will aid in providing Congress with information and advice requisite to legislation.

(b) Purposes.—

(1) In general.—The purposes of this chapter (except sections 8733–8736) are—

(A) to secure comprehensive planning for the physical development of the National Capital and its environs;

(B) to provide for the participation of the appropriate planning agencies of the environs in the planning; and

(C) to establish the agency and procedures requisite to the administration of the functions of the Federal and District Governments related to the planning.

(2) Objective.—The general objective of this chapter (except sections 8733–8736) is to enable appropriate agencies to plan for the development of the federal establishment at the seat of government in a manner—

(A) consistent with the nature and function of the National Capital and with due regard for the rights and prerogatives of the adjoining States and local governments to exercise control appropriate to their functions; and

(B) which will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)

Historical and Revision Notes

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

8701(a) 
40:71(a) (2d sentence). 
June 6, 1924, ch. 270, §1(a), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 781.

8701(b)(1) 
40:71(a) (1st sentence).

8701(b)(2) 
40:71(a) (last sentence).

In subsection (a)(7), the words "from time to time" are omitted as unnecessary.

In subsection (b), the text of 40:72a, restated as section 8732 of the revised title, is included in the purposes and objectives of this chapter because by its terms, the authority of the National Capital Planning Commission is enlarged as provided in that section.
40 U.S.C. § 15101 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 151 / Section 15101: Definitions
Definitions
Status: in_force

In this subtitle, the following definitions apply:

(1) Commission.—The term "Commission" means a Commission or Authority established under section 15301.

(2) Local development district.—The term "local development district" means an entity that—

(A)(i) is an economic development district that is—

(I) in existence on the date of the enactment of this chapter; and

(II) located in the region; or

(ii) if an entity described in clause (i) does not exist—

(I) is organized and operated in a manner that ensures broad-based community participation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the region;

(II) is governed by a policy board with at least a simple majority of members consisting of—

(aa) elected officials; or

(bb) designees or employees of a general purpose unit of local government that have been appointed to represent the unit of local government; and

(III) is certified by the Governor or appropriate State officer as having a charter or authority that includes the economic development of counties, portions of counties, or other political subdivisions within the region; and

(B) has not, as certified by the Federal Cochairperson—

(i) inappropriately used Federal grant funds from any Federal source; or

(ii) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity.

(3) Federal grant program.—The term "Federal grant program" means a Federal grant program to provide assistance in carrying out economic and community development activities.

(4) Indian tribe.—The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1

(5) Nonprofit entity.—The term "nonprofit entity" means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that has been formed for the purpose of economic development.

(6) Region.—The term "region" means the area covered by a Commission as described in subchapter II of chapter 157.2

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1468, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2230; amended Pub. L. 117–328, div. O, title IV, §401(a)(2), Dec. 29, 2022, 136 Stat. 5228.)

Editorial Notes

References in Text

The date of the enactment of this chapter, referred to in par. (2)(A)(i)(I), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (4), was classified to section 450b of Title 25, Indians, prior to editorial reclassification and renumbering as section 5304 of Title 25.

Section 501 of the Internal Revenue Code of 1986, referred to in par. (5), is classified to section 501 of Title 26, Internal Revenue Code.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2022—Par. (1). Pub. L. 117–328 inserted "or Authority" after "a Commission".

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this subtitle and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Pub. L. 110–234, title XIV, §14217(d), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, §4(a), title XIV, §14217(d), June 18, 2008, 122 Stat. 1664, 2244, provided that: "This section [enacting this subtitle, redesignating former subtitle V as subtitle VI of this title, and amending section 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees], and the amendments made by this section, shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [June 18, 2008]."

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

1 See References in Text note below.

2 So in original. Probably means chapter 4 of this subtitle.
40 U.S.C. § 15302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 153 / Section 15302: Decisions
Decisions
Status: in_force

(a) Requirements for Approval.—Except as provided in section 15304(c)(3), decisions by the Commission shall require the affirmative vote of the Federal Cochairperson and a majority of the State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).

(b) Consultation.—In matters coming before the Commission, the Federal Cochairperson shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter.

(c) Quorums.—

(1) In general.—Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission.

(2) Requirements.—Any quorum for meetings of a Commission shall include—

(A) the Federal Cochairperson or the alternate Federal Cochairperson; and

(B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).

(d) Projects and Grant Proposals.—The approval of project and grant proposals shall be a responsibility of each Commission and shall be carried out in accordance with section 15503.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232; amended Pub. L. 118–272, div. B, title II, §2242(b), Jan. 4, 2025, 138 Stat. 3202.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments

2025—Subsec. (a). Pub. L. 118–272, §2242(b)(1), inserted "or alternate State members, including designees" after "State members".

Subsec. (c). Pub. L. 118–272, §2242(b)(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "A Commission shall determine what constitutes a quorum for Commission meetings; except that—

"(1) any quorum shall include the Federal Cochairperson or the alternate Federal Cochairperson; and

"(2) a State alternate member shall not be counted toward the establishment of a quorum."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 6121 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter III / Section 6121: General
General
Status: in_force

(a) Authority of Marshal of the Supreme Court and Supreme Court Police.—In accordance with regulations prescribed by the Marshal of the Supreme Court and approved by the Chief Justice of the United States, the Marshal and the Supreme Court Police shall have authority—

(1) to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property;

(2) in any location, to protect—

(A) the Chief Justice, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court;

(B) any officer or employee of the Supreme Court while that officer or employee is performing official duties; and

(C) any member of the immediate family of the Chief Justice, any Associate Justice, or any officer of the Supreme Court if the Marshal determines such protection is necessary.1

(3) while performing duties necessary to carry out paragraph (1) or (2), to make arrests for any violation of Federal or State law and any regulation under Federal or State law; and

(4) to carry firearms as may be required while performing duties under section 6102 of this title, this subchapter, and subchapter IV.

(b) Authorization To Carry Firearms— 2 Duties under subsection (a)(2)(A) with respect to an official guest of the Supreme Court in any location (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice or an Associate Justice, if those duties require the carrying of firearms under subsection (a)(4).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182; Pub. L. 108–356, §1, Oct. 21, 2004, 118 Stat. 1416; Pub. L. 110–402, §1(a), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 113–62, §1, Dec. 20, 2013, 127 Stat. 666; Pub. L. 116–75, §2, Nov. 27, 2019, 133 Stat. 1160; Pub. L. 117–148, §2, June 16, 2022, 136 Stat. 1288.)

Historical and Revision Notes

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

6121(a) 
40:13n(a). 
Aug. 18, 1949, ch. 479, §9(a), 63 Stat. 617; Pub. L. 93–198, title VII, §739(g)(8), Dec. 24, 1973, 87 Stat. 829; Pub. L. 97–390, §1(c)(1), Dec. 29, 1982, 96 Stat. 1957.

6121(b) 
40:13n(c). 
Aug. 18, 1949, ch. 479, §9(c), as added Pub. L. 97–390, §1(c)(2), Dec. 29, 1982, 96 Stat. 1958; Pub. L. 99–218, Dec. 26, 1985, 99 Stat. 1729; Pub. L. 99–492, §1, Oct. 16, 1986, 100 Stat. 1240; Pub. L. 101–462, Oct. 25, 1990, 104 Stat. 1079; Pub. L. 103–193, Dec. 14, 1993, 107 Stat. 2293; Pub. L. 104–280, §1, Oct. 9, 1996, 110 Stat. 3359, Pub. L. 106–518, title III, §313, Nov. 13, 2000, 114 Stat. 2421.

In this section, the words "any State" are substituted for "any part of the United States" to eliminate unnecessary words and for consistency with section 6101 of the revised title.

In subsection (a)(3), the words "federal or state law and any regulation under federal or state law" are substituted for "a law of the United States or any State and any regulation under such law" for consistency in the revised title.

In subsection (b), the words "The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 13 of House Document No. 103–7.

Editorial Notes

Amendments

2022—Subsec. (a)(2)(C). Pub. L. 117–148 added subpar. (C).

2019—Subsec. (a)(2). Pub. L. 116–75, §2(1)(A), substituted "any location" for "any State" in introductory provisions.

Subsec. (a)(3). Pub. L. 116–75, §2(1)(B), substituted "Federal or State law" for "federal or state law" in two places.

Subsec. (b). Pub. L. 116–75, §2(2), substituted "Authorization To Carry Firearms—" for "Additional Requirements Related to Subsection (a)(2).—" in heading, struck out par. (1) designation and heading before "Duties under", substituted "any location" for "any State", and struck out par. (2) which provided that the authority provided under subsec. (a)(2) would expire on Dec. 29, 2019.

2013—Subsec. (b)(2). Pub. L. 113–62 substituted "2019" for "2013".

2008—Subsec. (b)(2). Pub. L. 110–402 substituted "2013" for "2008".

2004—Subsec. (b)(2). Pub. L. 108–356 substituted "2008" for "2004".

1 So in original. The period probably should be a semicolon.

2 So in original. The dash probably should be preceded by a period.
40 U.S.C. § 6901 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6901: Definition
Definition
Status: in_force

In this subchapter, the term "Union Station complex" means real property, air rights, and improvements the Secretary of the Interior leased under sections 101–110 of the National Visitors Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements made in accordance with this subchapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)

Historical and Revision Notes

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

6901 
40:811(a) (last sentence). 
Pub. L. 90–264, title I, §111(a) (last sentence), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668.

Editorial Notes

References in Text

Sections 101–110 of the National Visitors Center Facilities Act of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90–264, title I, Mar. 12, 1968, 82 Stat. 43–45, which were classified principally to part A (§801 et seq.) of subchapter I of chapter 18 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 104 of the Act was classified as a note under section 804 of former Title 40 prior to repeal by Pub. L. 107–217. Section 108 of the Act was not classified to the Code.

Statutory Notes and Related Subsidiaries

Sale of Air Rights

Pub. L. 105–33, title IX, §9102, Aug. 5, 1997, 111 Stat. 670, provided that:

"(a) In General.—Notwithstanding any other provision of law, the Administrator of General Services shall sell, at fair market value and in a manner to be determined by the Administrator, the air rights adjacent to Washington Union Station described in subsection (b), including air rights conveyed to the Administrator under subsection (d). The Administrator shall complete the sale by such date as is necessary to ensure that the proceeds from the sale will be deposited in accordance with subsection (c).

"(b) Description.—The air rights referred to in subsection (a) total approximately 16.5 acres and are depicted on the plat map of the District of Columbia as follows:

"(1) Part of lot 172, square 720.

"(2) Part of lots 172 and 823, square 720.

"(3) Part of lot 811, square 717.

"(c) Proceeds.—Before September 30, 2002, proceeds from the sale of air rights under subsection (a) shall be deposited in the general fund of the Treasury and credited as miscellaneous receipts.

"(d) Conveyance of Amtrak Air Rights.—

"(1) General rule.—As a condition of future Federal financial assistance, Amtrak shall convey to the Administrator of General Services on or before December 31, 1997, at no charge, all of the air rights of Amtrak described in subsection (b).

"(2) Failure to comply.—If Amtrak does not meet the condition established by paragraph (1), Amtrak shall be prohibited from obligating Federal funds after March 1, 1998."

Capitol Grounds; Erection of Flagpoles and Improvement of Traffic

Pub. L. 94–320, June 25, 1976, 90 Stat. 711, authorized the Secretary of the Interior, upon approval and subject to conditions of the Architect of the Capitol, in the portion of the United States Capitol Grounds in close proximity to the sidewalks abutting the circular perimeter of the Union Station Plaza in front of Columbus Plaza and the National Visitor Center, to erect and maintain flagpoles to fly the flags of each of the States of the United States and its territories and possessions, and to enter into an agreement with the appropriate officials of the District of Columbia to permit the District of Columbia to use certain areas of the United States Capitol Grounds to make certain street changes to coordinate and improve the flow of traffic in and around the United States Capitol Grounds, the National Visitor Center (formerly Union Station), and Union Station Plaza.
40 U.S.C. § 11103 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 111 / Section 11103: Applicability to national security systems
Applicability to national security systems
Status: in_force

(a) Definition.—

(1) National security system.—In this section, the term "national security system" means a telecommunications or information system operated by the Federal Government, the function, operation, or use of which—

(A) involves intelligence activities;

(B) involves cryptologic activities related to national security;

(C) involves command and control of military forces;

(D) involves equipment that is an integral part of a weapon or weapons system; or

(E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.

(2) Limitation.—Paragraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

(b) In General.—Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.

(c) Exceptions.—

(1) In general.—Sections 11313, 11315, and 11316 of this title apply to national security systems.

(2) Capital planning and investment control.—The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.

(3) Applicability of performance-based and results-based management to national security systems.—

(A) In general.—Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.

(B) Exception.—National security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)

Historical and Revision Notes

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

11103(a) 
40:1452. 
Pub. L. 104–106, div. E, title LI, §§5141, 5142, Feb. 10, 1996, 110 Stat. 689.

11103(b) 
40:1451(a).

11103(c) 
40:1451(b).

Statutory Notes and Related Subsidiaries

Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System

Pub. L. 114–328, div. A, title VIII, §895, Dec. 23, 2016, 130 Stat. 2326, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(9), Dec. 27, 2021, 135 Stat. 2161, provided that:

"(a) Waiver Authority.—Notwithstanding subsection (c)(2) of section 11103 of title 40, United States Code, a national security system described in subsection (a)(1)(D) of such section shall not be subject to the requirements of paragraphs (2) through (5) of section 11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best interests of the Department of Defense.

"(b) Milestone Decision Authority Defined.—In this section, the term 'milestone decision authority' has the meaning given the term in section 4251(d)(5) of title 10, United States Code."
40 U.S.C. § 6906 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6906: Union Station Fund
Union Station Fund
Status: in_force

(a) Establishment.—There is a special deposit account in the Treasury known as the "Union Station Fund", which shall be administered as a revolving fund.

(b) Content.—The account shall be credited with receipts of the Secretary of Transportation from activities authorized by this subchapter.

(c) Use of Amounts.—The Secretary may use income and proceeds received from activities authorized by this subchapter, including operating and leasing income and payments made to the Federal Government under development agreements, to pay expenses the Secretary incurs in carrying out the purposes of this subchapter, including construction, acquisition, leasing, operation, and maintenance expenses and payments made to developers under development agreements.

(d) Availability of Amounts.—The balance in the account is available in amounts specified in annual appropriation laws for making expenditures authorized by this subchapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)

Historical and Revision Notes

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

6906(a) 
40:817(b) (1st sentence). 
Pub. L. 90–264, title I, §117, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671.

6906(b) 
40:817(b) (last sentence words before "and the balance").

6906(c) 
40:817(a).

6906(d) 
40:817(b) (last sentence words after "activities authorized by this part").

In subsection (c), the words "without limitation" are omitted as unnecessary.
40 U.S.C. § 15735 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter II / Section 15735: Mid-Atlantic Regional Commission.1
Mid-Atlantic Regional Commission.1
Status: in_force

The region of the Mid-Atlantic Regional Commission shall include the following counties:

(1) Delaware.—Each county in the State of Delaware.

(2) Maryland.—Each county in the State of Maryland that is not already served by the Appalachian Regional Commission.

(3) Pennsylvania.—Each county in the Commonwealth of Pennsylvania that is not already served by the Appalachian Regional Commission.

(Added Pub. L. 118–272, div. B, title II, §2249(b)(1), Jan. 4, 2025, 138 Stat. 3209.)

1 So in original. The period probably should not appear.
40 U.S.C. § 582 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 582: Management of buildings by Administrator of General Services
Management of buildings by Administrator of General Services
Status: in_force

(a) Request by Federal Agency or Instrumentality.—At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may operate, maintain, and protect a building that is owned by the Federal Government (or, in the case of a wholly owned or mixed-ownership Government corporation, by the corporation) and occupied by the agency or instrumentality making the request.

(b) Transfer of Functions by Director of the Office of Management and Budget.—

(1) In general.—When the Director of the Office of Management and Budget determines that it is in the interest of economy or efficiency, the Director shall transfer to the Administrator all functions vested in a federal agency with respect to the operation, maintenance, and custody of an office building owned by the Government or a wholly owned Government corporation, or an office building, or part of an office building, that is occupied by a federal agency under a lease.

(2) Exception for post-office buildings.—A transfer of functions shall not be made under this subsection for a post-office building, unless the Director determines that the building is not used predominantly for post-office purposes. The Administrator may delegate functions with respect to a post-office building that are transferred to the Administrator under this subsection only to another officer or employee of the General Services Administration or to the Postmaster General.

(3) Exception for buildings in a foreign country.—A transfer of functions shall not be made under this subsection for a building located in a foreign country.

(4) Exception for department of defense buildings.—A transfer of functions shall not be made under this subsection for a building located on the grounds of a facility of the Department of Defense (including a fort, camp, post, arsenal, navy yard, naval training station, airfield, proving ground, military supply depot, or school) unless and only to the extent that the Secretary of Defense has issued a permit for use by another agency.

(5) Exception for groups of special purpose buildings.—A transfer of functions shall not be made under this subsection for a building that the Director finds to be a part of a group of buildings that are—

(A) located in the same vicinity;

(B) used wholly or predominantly for the special purposes of the agency with custody of the buildings; and

(C) not generally suitable for use by another agency.

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

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

Historical and Revision Notes

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

582(a) 
40:490(b). 
June 30, 1949, ch. 288, title II, §210(b), (d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 581, 582; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433.

582(b) 
40:490(d).

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

In subsection (b), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
40 U.S.C. § 3141 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter IV / Section 3141: Definitions
Definitions
Status: in_force

In this subchapter, the following definitions apply:

(1) Federal government.—The term "Federal Government" has the same meaning that the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis-Bacon Act).

(2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages.—The terms "wages", "scale of wages", "wage rates", "minimum wages", and "prevailing wages" include—

(A) the basic hourly rate of pay; and

(B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of—

(i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and

(ii) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(11), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes

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

3141(1) 
(no source).

3141(2) 
40:276a(b) (1st par. words before proviso). 
Mar. 3, 1931, ch. 411, §1(b) (1st par. words before proviso), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239.

Clause (1) is added for clarity.

Editorial Notes

References in Text

The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.

Amendments

2006—Par. (1). Pub. L. 109–284 substituted "1494)" for "1494".
40 U.S.C. § 3143 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter IV / Section 3143: Termination of work on failure to pay agreed wages
Termination of work on failure to pay agreed wages
Status: in_force

Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the Government for any excess costs the Government incurs.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.)

Historical and Revision Notes

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

3143 
40:276a–1. 
Mar. 3, 1931, ch. 411, §2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.

The words "The Government may have the work completed" are substituted for "and to prosecute the work to completion . . . thereby" for clarity.
40 U.S.C. § 605 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 605: Payment of costs
Payment of costs
Status: in_force

(a) Use of Acquisition Services Fund To Cover Costs.—The Acquisition Services Fund provided for in section 321 of this title is available for use by or under the direction and control of the Administrator of General Services to pay the costs of carrying out section 602 of this title, including the cost of purchasing or renting motor vehicles and related equipment and supplies.

(b) Setting Prices To Recover Costs.—

(1) In general.—The Administrator shall set prices for furnishing motor vehicles and related services under section 602 of this title. Prices shall be set to recover, so far as practicable, all costs of carrying out section 602 of this title.

(2) Increment for replacement cost.—In the Administrator's discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title, the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies.

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

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

Historical and Revision Notes

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

605 
40:491(d). 
June 30, 1949, ch. 288, title II, §211(d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127; Pub. L. 95–506, Oct. 24, 1978, 92 Stat. 1756.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–313, §3(h)(6)(A), substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text.

Subsec. (b)(2). Pub. L. 109–313, §3(h)(6)(B), substituted "321(f)" for "321(f)(1)" and "Acquisition Services Fund" for "General Supply Fund".

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
40 U.S.C. § 546 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 546: Contractor inventories
Contractor inventories
Status: in_force

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

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

Historical and Revision Notes

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

546 
40:484(f). 
June 30, 1949, ch. 288, title II, §203(f), 63 Stat. 386.
40 U.S.C. § 541 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 541: Supervision and direction
Supervision and direction
Status: in_force

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

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

Historical and Revision Notes

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

541 
40:484(a). 
June 30, 1949, ch. 288, title II, §203(a), 63 Stat. 385.

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

Statutory Notes and Related Subsidiaries

Transferred Properties; Requests Prior to November 30, 1983

Pub. L. 98–181, title I [title I, §126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that:

"(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Administrator of General Services to transfer such property for such disposition.

"(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2)."
40 U.S.C. § 556 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 556: Disposal of dredge vessels
Disposal of dredge vessels
Status: in_force

(a) In General.—The Administrator of General Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equipment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs.

(b) Recipients and Purposes.—Disposal under this section is accomplished—

(1) through sale or lease to—

(A) a foreign government as part of a Corps of Engineers technical assistance program;

(B) a federal or state maritime academy for training purposes; or

(C) a non-federal public body for scientific, educational, or cultural purposes; or

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

(c) No Dredging Activities.—A vessel described in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States.

(d) Deposit of Amounts Collected.—Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Appropriation 1 Act, 1954 (33 U.S.C. 576), to be available, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Corps of Engineers.

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

Historical and Revision Notes

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

556 
40:483d. 
Pub. L. 99–662, title IX, §945, Nov. 17, 1986, 100 Stat. 4200.

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

In subsection (d), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity.

1 So in original. Probably should be "Appropriations".
40 U.S.C. § 14308 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14308: Information
Information
Status: in_force

(a) Actions of Commission.—To obtain information needed to carry out its duties, the Appalachian Regional Commission shall—

(1) hold hearings, sit and act at times and places, take testimony, receive evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports on the proceedings as the Commission may deem advisable;

(2) arrange for the head of any federal, state, or local department or agency to furnish to the Commission information as may be available to or procurable by the department or agency; and

(3) keep accurate and complete records of its doings and transactions which shall be made available for—

(A) public inspection; and

(B) audit and examination by the Comptroller General or an authorized representative of the Comptroller General.

(b) Authorizations.—

(1) Administer oaths.—A Cochairman of the Commission, or any member of the Commission designated by the Commission, may administer oaths when the Commission decides that testimony shall be taken or evidence received under oath.

(2) Furnish information.—The head of any federal, state, or local department or agency, to the extent not otherwise prohibited by law, may carry out subsection (a)(2).

(c) Public Participation.—Public participation in the development, revision, and implementation of all plans and programs under this subtitle by the Commission, any State, or any local development district shall be provided for, encouraged, and assisted. The Commission shall develop and publish regulations specifying minimum guidelines for public participation, including public hearings.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1260; Pub. L. 109–284, §6(31), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes

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

14308(a) 
40 App.:107(a)(1) (words before 5th comma), (2) (less words in parentheses), (3). 
Pub. L. 89–4, title I, §107, Mar. 9, 1965, 79 Stat. 9; Pub. L. 94–188, title I, §109, Dec. 31, 1975, 89 Stat. 1081.

14308(b)(1) 
40 App.:107(a)(1) (words after 5th comma).

14308(b)(2) 
40 App.:107(a)(2) (words in parentheses).

14308(c) 
40 App.:107(b).

In subsection (b)(1), the words "for the purpose" are omitted as unnecessary.

Editorial Notes

Amendments

2006—Subsec. (b)(2). Pub. L. 109–284 substituted "subsection (a)(2)" for "section (a)(2)".
40 U.S.C. § 6908 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6908: Parking facility
Parking facility
Status: in_force

(a) Title.—The Federal Government has the right, title, and interest in and to the parking facility at Union Station.

(b) Fees.—The rate of fees charged for use of the facility may exceed the rate required for maintenance and operation of the facility. The rate shall be established in a manner that encourages use of the facility by rail passengers and participants in activities in the Union Station complex and area.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)

Historical and Revision Notes

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

6908(a) 
40:818(a), (b) (1st, 2d sentences). 
Pub. L. 90–264, title I, §118, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672.

6908(b) 
40:818(b) (last sentence).

In subsection (a), the text of 40:818(a) and (b) (1st sentence) is omitted as obsolete.
40 U.S.C. § 9302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 93 / Section 9302: Consent of Theodore Roosevelt Association required for development
Consent of Theodore Roosevelt Association required for development
Status: in_force

(a) General Plan for Development.—The Theodore Roosevelt Association must approve every general plan for the development of Theodore Roosevelt Island.

(b) Development Inconsistent With Plan.—As long as the Association remains in existence, development inconsistent with the general plan may not be carried out without the Association's consent.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233; Pub. L. 109–284, §6(30), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes

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

9302 
40:124 (proviso). 
May 21, 1932, ch. 200, §1 (proviso), 47 Stat. 163.

The words "Theodore Roosevelt Association" are substituted for "Roosevelt Memorial Association" because of section 2 of the Act of May 21, 1953 (ch. 63, 36:210101 note).

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–284 substituted "With" for "with" in heading.
40 U.S.C. § 17304 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17304: Claim for replacement
Claim for replacement
Status: in_force

(a) Presentation of Claim.—When valuables that have been shipped in accordance with regulations prescribed under section 17302 of this title are lost, destroyed, or damaged, a claim in writing for replacement shall be made on the Secretary of the Treasury.

(b) Decision of the Secretary of the Treasury.—

(1) Replacement made from fund.—If the Secretary is satisfied that the loss, destruction, or damage has occurred and that shipment was made substantially in accordance with the regulations, the Secretary shall have replacement be made out of the fund described in section 17303 of this title through an officer the Secretary designates.

(2) Replacement made by credit.—When the Secretary decides that any part of the replacement can be made, without actual or ultimate injury to the Federal Government, by a credit in the accounts of the executive department, independent establishment, agency, officer, employee, or other accountable person making the claim, the Secretary shall—

(A) certify the decision to the Comptroller General who, on receiving the certification, shall make the credit in the settlement of accounts in the Government Accountability Office; and

(B) use the fund only to the extent that the replacement cannot be made by the credit.

(c) Decision of Secretary Not Reviewable.—The decision of the Secretary that a loss, destruction, or damage has occurred or that a shipment was made substantially in accordance with regulations is final and conclusive and is not subject to review by any other officer of the Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1281; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Historical and Revision Notes

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

17304(a), (b)(1) 
40:723 (1st sentence). 
July 8, 1937, ch. 444, §3 (1st sentence, 2d sentence words before 2d proviso), 50 Stat. 479.

17304(b)(2) 
40:723 (2d sentence 1st proviso).

17304(c) 
40:723 (2d sentence words before 1st proviso).

In subsection (c), the words "Notwithstanding any provision of law to the contrary" are omitted as unnecessary.

Editorial Notes

Amendments

2004—Subsec. (b)(2)(A). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".