40 U.S.C. § 5104 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5104: Unlawful activities
Unlawful activities
Status: in_force

(a) Definitions.—In this section—

(1) Act of physical violence.—The term "act of physical violence" means any act involving—

(A) an assault or other infliction or threat of infliction of death or bodily harm on an individual; or

(B) damage to, or destruction of, real or personal property.

(2) Dangerous weapon.—The term "dangerous weapon" includes—

(A) all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654); and

(B) a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length.

(3) Explosives.—The term "explosives" has the meaning given that term in section 841(d) of title 18.

(4) Firearm.—The term "firearm" has the meaning given that term in section 921(3) 1 of title 18.

(b) Obstruction of Roads.—A person may not occupy the roads in the United States Capitol Grounds in a manner that obstructs or hinders their proper use, or use the roads in the area of the Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, to convey goods or merchandise, except to or from the United States Capitol on Federal Government service.

(c) Sale of Articles, Display of Signs, and Solicitations.—A person may not carry out any of the following activities in the Grounds:

(1) offer or expose any article for sale.

(2) display a sign, placard, or other form of advertisement.

(3) solicit fares, alms, subscriptions, or contributions.

(d) Injuries to Property.—A person may not step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

(e) Capitol Grounds and Buildings Security.—

(1) Firearms, dangerous weapons, explosives, or incendiary devices.—An individual or group of individuals—

(A) except as authorized by regulations prescribed by the Capitol Police Board—

(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;

(ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or

(iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or

(B) may not knowingly, with force and violence, enter or remain on the floor of either House of Congress.

(2) Violent entry and disorderly conduct.—An individual or group of individuals may not willfully and knowingly—

(A) enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor, in the Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House;

(B) enter or remain in the gallery of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House;

(C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of—

(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or

(ii) the Library of Congress;

(D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress;

(E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings;

(F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or

(G) parade, demonstrate, or picket in any of the Capitol Buildings.

(3) Exemption of government officials.—This subsection does not prohibit any act performed in the lawful discharge of official duties by—

(A) a Member of Congress;

(B) an employee of a Member of Congress;

(C) an officer or employee of Congress or a committee of Congress; or

(D) an officer or employee of either House of Congress or a committee of that House.

(f) Parades, Assemblages, and Display of Flags.—Except as provided in section 5106 of this title, a person may not—

(1) parade, stand, or move in processions or assemblages in the Grounds; or

(2) display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)

Historical and Revision Notes

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

5104(a) 
40:193m(2)–(5). 
July 31, 1946, ch. 707, §16(a)(2)–(5), 60 Stat. 721; Pub. L. 90–108, §1(d) , Oct. 20, 1967, 81 Stat. 277.

5104(b) 
40:193c. 
July 31, 1946, ch. 707, §§3–5, 7, 60 Stat. 718, 719.

5104(c) 
40:193d.

5104(d) 
40:193e.

5104(e) 
40:193f. 
July 31, 1946, ch. 707, §6, 60 Stat. 718; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(b), Oct. 20, 1967, 81 Stat. 276.

5104(f) 
40:193g.

In subsection (a)(3), the words "section 841(d) of title 18" are substituted for "section 121(1) of title 50" because of the enactment of 18:ch. 39 and the repeal of the provisions classified to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime Control Act of 1970 (Public Law 91–452, 84 Stat. 952, 960). The plural form "explosives" is used because that is the term defined in 18:841(d).

In subsection (a)(4), the words "section 921(3) of title 18" are substituted for "section 901(3) of title 15" because of the enactment of 18:ch. 44 and the repeal of the provisions classified to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351, 82 Stat. 226, 234).

In subsection (e)(1)(A), the plural "explosives" is used for consistency with the term defined in subsection (a)(3). In subclause (iii), the words "by any means" are omitted as unnecessary.

In subsection (e)(2)(A), the words "unless authorized to do so pursuant to rules adopted, or authorization given, by that House" are substituted for "unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room" to eliminate unnecessary words.

Editorial Notes

References in Text

The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act July 8, 1932, ch. 465, 47 Stat. 650, which is not classified to the Code.

Amendments

2010—Subsec. (e)(2)(C). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(iii). See 2007 Amendment note below.

2008—Subsec. (e)(2)(C). Pub. L. 110–178 added subpar. (C) and struck out former subpar. (C) which read as follows: "with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of either House of Congress or a Member, committee, officer, or employee of Congress or either House of Congress;".

2007—Subsec. (e)(2)(C). Pub. L. 110–161, §1004(d)(2)(A)(iii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.

1 So in original. Probably should be "921(a)(3)".
40 U.S.C. § 11303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 113 / Subchapter I / Section 11303: Performance-based and results-based management
Performance-based and results-based management
Status: in_force

(a) In General.—The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under section 3504(h) of title 44.

(b) Evaluation of Agency Programs and Investments.—

(1) Requirement.—The Director shall evaluate the information resources management practices of the executive agencies with respect to the performance and results of the investments made by the executive agencies in information technology.

(2) Direction for executive agency action.—The Director shall issue to the head of each executive agency clear and concise direction that the head of each agency shall—

(A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in information systems;

(B) determine, before making an investment in a new information system—

(i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or

(ii) whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel;

(C) analyze the missions of the executive agency and, based on the analysis, revise the executive agency's mission-related processes and administrative processes, as appropriate, before making significant investments in information technology to be used in support of those missions; and

(D) ensure that the information security policies, procedures, and practices are adequate.

(3) Guidance for multiagency investments.—The direction issued under paragraph (2) shall include guidance for undertaking efficiently and effectively interagency and Federal Government-wide investments in information technology to improve the accomplishment of missions that are common to the executive agencies.

(4) Periodic reviews.—The Director shall implement through the budget process periodic reviews of selected information resources management activities of the executive agencies to ascertain the efficiency and effectiveness of information technology in improving the performance of the executive agency and the accomplishment of the missions of the executive agency.

(5) Enforcement of accountability.—

(A) In general.—The Director may take any action that the Director considers appropriate, including an action involving the budgetary process or appropriations management process, to enforce accountability of the head of an executive agency for information resources management and for the investments made by the executive agency in information technology.

(B) Specific actions.—Actions taken by the Director may include—

(i) recommending a reduction or an increase in the amount for information resources that the head of the executive agency proposes for the budget submitted to Congress under section 1105(a) of title 31;

(ii) reducing or otherwise adjusting apportionments and reapportionments of appropriations for information resources;

(iii) using other administrative controls over appropriations to restrict the availability of amounts for information resources; and

(iv) designating for the executive agency an executive agent to contract with private sector sources for the performance of information resources management or the acquisition of information technology.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1238.)

Historical and Revision Notes

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

11303 
40:1413. 
Pub. L. 104–106, div. E, title LI, §5113, Feb. 10, 1996, 110 Stat. 681.
40 U.S.C. § 17902 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 179 / Section 17902: Sale of electric energy
Sale of electric energy
Status: in_force

(a) In General.—To conserve oil and natural gas and better utilize coal, the head of a federal agency may sell, or enter into a contract to sell, to any non-federal person electric energy generated by coal-fired electric generating facilities of that agency in Alaska without regard to any provision of law that precludes the sale when the electric energy to be sold is available from other local sources, if the head of the federal agency determines that—

(1) the electric energy to be sold is generated by an existing coal-fired generating facility;

(2) the electric energy to be sold is surplus to the federal agency's needs and is in excess of the electric energy specifically generated for consumption by, or necessary to serve the requirements of, another federal agency;

(3) the cost to the ultimate consumers of the electric energy to be sold is less than the cost that, in the absence of the sale, would be incurred by those consumers for the purchase of an equivalent amount of energy; and

(4) the sale will reduce the total consumption of oil or natural gas by the non-federal person purchasing the electric energy below the level of consumption that would occur in the absence of the sale.

(b) Pricing Policies.—Federally generated electric energy sold by the head of a federal agency under subsection (a) shall be priced to recover the fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale, plus an amount equal to one-half the difference between—

(1) the costs of producing the electric energy by coal generation; and

(2) the costs of producing electric energy by the oil or gas generation being displaced.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1289.)

Historical and Revision Notes

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

17902 
40:795a. 
Pub. L. 96–571, §3, Dec. 22, 1980, 94 Stat. 3341.

In subsection (a), the words "to be sold" are added for clarity. In clause (4), the words "below the level of consumption that" are substituted for "below that consumption which" for clarity.

In subsection (b), before clause (1), the words "fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale" are substituted for "fuel costs and variable operation and maintenance costs of the Federal generating facility concerned which costs are attributable to such sale" for clarity.
40 U.S.C. § 8162 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter IV / Section 8162: Ailanthus trees prohibited
Ailanthus trees prohibited
Status: in_force

Ailanthus trees shall not be purchased for, or planted in, the public grounds.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)

Historical and Revision Notes

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

8162 
40:102. 
R.S. §1830.

The word "ailanthus" is substituted for "ailantus" to correct an error in the source provision.
40 U.S.C. § 14526 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter II / Section 14526: Distressed, at-risk, and economically strong counties
Distressed, at-risk, and economically strong counties
Status: in_force

(a) Designations.—

(1) In general.—The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall—

(A) designate as "distressed counties" those counties in the Appalachian region that are the most severely and persistently distressed;

(B) designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed; and

(C) designate two categories of economically strong counties, consisting of—

(i) "competitive counties", which shall be those counties in the region that are approaching economic parity with the rest of the United States; and

(ii) "attainment counties", which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States.

(2) Annual review of designations.—The Commission shall—

(A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and

(B) renew the designation for another one-year period only if the county still meets the criteria.

(b) Distressed Counties.—In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section.

(c) Economically Strong Counties.—

(1) Competitive counties.—Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project cost.

(2) Attainment counties.—Except as provided in paragraphs (3) and (4), amounts may not be provided under this subtitle for a project that is carried out in a county for which an attainment county designation is in effect under this section.

(3) Exceptions.—Paragraphs (1) and (2) do not apply to—

(A) a project on the Appalachian development highway system authorized by section 14501 of this title;

(B) a local development district administrative project assisted under section 14321(a)(1)(A) of this title; or

(C) a multicounty project that is carried out in at least two counties designated under this section if—

(i) at least one of the participating counties is designated as a distressed county under this section; and

(ii) the project will be of substantial direct benefit to at least one distressed county.

(4) Waiver.—

(A) In general.—The Commission may waive the requirements of paragraphs (1) and (2) for a project when the recipient of assistance for the project shows the existence of any of the following:

(i) a significant pocket of distress in the part of the county in which the project is carried out.

(ii) a significant potential benefit from the project in at least one area of the region outside the designated county.

(B) Reports to congress.—The Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report describing each waiver granted under subparagraph (A) during the period covered by the report.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110–371, §4(a), Oct. 8, 2008, 122 Stat. 4041.)

Historical and Revision Notes

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

14526 
40 App.:226. 
Pub. L. 89–4, title II, §226, as added Pub. L. 105–393, title II, §219, Nov. 13, 1998, 112 Stat. 3623.

In subsection (a)(1), before clause (A), the words "Not later than 90 days after November 13, 1988" are omitted as obsolete.

Editorial Notes

Amendments

2008—Pub. L. 110–371, §4(a)(1), inserted ", at-risk," after "Distressed" in section catchline.

Subsec. (a)(1)(B), (C). Pub. L. 110–371, §4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).
40 U.S.C. § 15734 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter II / Section 15734: Great Lakes Authority
Great Lakes Authority
Status: in_force

The region of the Great Lakes Authority shall consist of the counties which contain, in part or in whole, the areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:

(1) Illinois.

(2) Indiana.

(3) Michigan.

(4) Minnesota.

(5) New York.

(6) Ohio.

(7) Pennsylvania.

(8) Wisconsin.

(Added Pub. L. 117–328, div. O, title IV, §401(b)(1), Dec. 29, 2022, 136 Stat. 5228; amended Pub. L. 118–272, div. B, title II, §2247, Jan. 4, 2025, 138 Stat. 3204.)

Editorial Notes

Amendments

2025—Pub. L. 118–272 inserted "the counties which contain, in part or in whole, the" after "consist of" in introductory provisions.
40 U.S.C. § 555 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 555: Donation of law enforcement canines to handlers
Donation of law enforcement canines to handlers
Status: in_force

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

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

Historical and Revision Notes

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

555 
40:484(r). 
June 30, 1949, ch. 288, title II, §203(r), as added Pub. L. 105–27, §1, July 18, 1997, 111 Stat. 244.
40 U.S.C. § 592 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 592: Federal Buildings Fund
Federal Buildings Fund
Status: in_force

(a) Existence.—There is in the Treasury a fund known as the Federal Buildings Fund.

(b) Deposits.—

(1) In general.—The following revenues and collections shall be deposited into the Fund:

(A) User charges under section 586(b) of this title, payable in advance or otherwise.

(B) Proceeds from the lease of federal building sites or additions under section 581(d) of this title.

(C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.

(2) Reimbursements for special services.—This subchapter does not preclude the Administrator of General Services from providing special services, not included in the standard level user charge, on a reimbursable basis. The reimbursements may be credited to the Fund.

(3) Transfer of surplus amounts.—To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an appropriation law may be transferred out of the Fund and deposited as miscellaneous receipts in the Treasury.

(c) Uses.—

(1) In general.—Deposits in the Fund are available for real property management and related activities in the amounts specified in annual appropriation laws without regard to fiscal year limitations.

(2) Salaries and expenses related to construction projects or planning programs.—Deposits in the Fund that are available pursuant to annual appropriation laws may be transferred and consolidated on the books of the Treasury into a special account in accordance with, and for the purposes specified in, section 3176 of this title.

(3) Repayment of general services administration borrowing from federal financing bank.—The Administrator, in accordance with rules and procedures that the Office of Management and Budget and the Secretary of the Treasury establish, may transfer from the Fund an amount necessary to repay the principal amount of a General Services Administration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund.

(4) Buildings deemed federally owned.—For purposes of amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings:

(A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 219).

(B) A building occupied pursuant to an installment purchase contract.

(C) A building under the control of a department or agency, if alterations of the building are required in connection with moving the department or agency from a former building that is, or will be, under the control of the Administration.

(d) Energy Management Programs.—

(1) Receiving cash incentives.—The Administrator may receive amounts from rebates or other cash incentives related to energy savings and shall deposit the amounts in the Fund for use as provided in paragraph (4).

(2) Receiving goods or services.—The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities.

(3) Assignment of energy rebates.—In the administration of real property that the Administrator leases and for which the Administrator pays utility costs, the Administrator may assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency improvements in the real property if the payback period for the improvement is at least 2 years less than the remainder of the term of the lease.

(4) Obligating amounts for energy management improvement programs.—In addition to amounts appropriated for energy management improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs—

(A) amounts received and deposited in the Fund under paragraph (1);

(B) goods and services received under paragraph (2); and

(C) amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.

(e) Recycling Programs.—

(1) Receiving amounts.—The Administrator may receive amounts from the sale of recycled materials and shall deposit the amounts in the Fund for use as provided in paragraph (2).

(2) Obligating amounts for recycling programs.—In addition to amounts appropriated for such purposes and without regard to subsection (c)(1), the Administrator may obligate amounts received and deposited in the Fund under paragraph (1) for programs which—

(A) promote further source reduction and recycling programs; and

(B) encourage employees to participate in recycling programs by providing financing for child care.

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

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

Historical and Revision Notes

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

592(a) 
40:490(f)(1) (related to establishment), (3), (4). 
June 30, 1949, ch. 288, title II, §210(f), as added July 12, 1952, ch. 703, §1(l), 66 Stat. 594; Pub. L. 85–886, §3, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 92–313, §3, June 16, 1972, 86 Stat. 218; Pub. L. 102–486, title I, §153, Oct. 24, 1992, 106 Stat. 2851.

592(b)(1) 
40:490(f)(1) (related to deposits).

592(b)(2) 
40:490(f)(6).

592(b)(3) 
40:490(f)(5).

592(c)(1) 
40:490(f)(2).

592(c)(2) 
40:490a. 
Pub. L. 94–91, title IV, §401, Aug. 9, 1975, 89 Stat. 452.

592(c)(3) 
40:490a–1. 
Pub. L. 101–136, title IV, §7, Nov. 3, 1989, 103 Stat. 803.

592(c)(4) 
40:490i. 
Pub. L. 105–277, div. A, §101(h) [title IV, 6th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502.

592(d) 
40:490(f)(7).

592(e) 
40:490(f)(8).

592(f) 
40:490g. 
Pub. L. 102–393, title IV, §13, Oct. 6, 1992, 106 Stat. 1751.

In subsection (a), the words "on such date as may be determined by the Administrator" are omitted as obsolete. The text of 40:490(f)(3) and (4) is omitted as executed.

In subsection (b)(1)(B), the words "federal building sites or additions" are substituted for "building sites" for consistency with section 581(d) of the revised title.

In subsection (b)(3), the words "To prevent the accumulation of excessive surpluses in the Fund" and "transferred out of the Fund" are added for clarity. See House Report No. 92–989, dated April 14, 1972 (United States Code Congressional and Administrative News, 92d Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377).

In subsection (c)(4), the words "amounts authorized to be expended from the Fund" are substituted for "this authorization, and hereafter" to restate the provision as general and permanent law without reference to a single year's appropriation Act.

In subsection (f), the words "during a fiscal year" are omitted as unnecessary.

Editorial Notes

References in Text

Section 5 of the Public Buildings Amendments of 1972, referred to in subsec. (c)(4)(A), is section 5 of Pub. L. 92–313, June 16, 1972, 86 Stat. 219, which enacted section 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revision and reenactment of this title by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
40 U.S.C. § 3118 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter II / Section 3118: Right of taking as addition to existing rights
Right of taking as addition to existing rights
Status: in_force

The right to take possession and title in advance of final judgment in condemnation proceedings as provided by section 3114 of this title is in addition to any right, power, or authority conferred by the laws of the United States or of a State, territory, or possession of the United States under which the proceeding may be conducted, and does not abrogate, limit, or modify that right, power, or authority.

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

Historical and Revision Notes

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

3118 
40:258d. 
Feb. 26, 1931, ch. 307, §4, 46 Stat. 1422.

The words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 6903 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6903: Agreements and contracts
Agreements and contracts
Status: in_force

The Secretary of Transportation may make agreements and contracts, except an agreement or contract to sell property rights at the Union Station complex, with a person, a federal, regional, or local agency, or the Architect of the Capitol that the Secretary considers necessary or desirable to carry out the purposes of this subchapter.

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

Historical and Revision Notes

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

6903 
40:815(d). 
Pub. L. 90–264, title I, §115(d), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671.

The words "corporations, financial institutions" are omitted as included in "person". The text of 40:815(d) (last sentence) is omitted as obsolete.
40 U.S.C. § 17301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17301: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Replacement.—The term "replacement" means payment, reimbursement, replacement, or duplication or the expenses incident to payment, reimbursement, replacement, or duplication.

(2) Shipment.—The term "shipment"—

(A) means the transportation, or the effecting of transportation, of valuables, without limitation as to the means or facilities used or by which the transportation is effected or the person to whom it is made; and

(B) includes shipments made to any executive department, independent establishment, agency, wholly owned or mixed-ownership Government corporation, officer, or employee of the Federal Government, or any person acting on behalf of, or at the direction of, the executive department, independent establishment, agency, wholly or partly owned Government corporation, officer, or employee.

(3) Valuables.—

(A) Definition.—The term "valuables" means any articles or things or representatives of value—

(i) in which the Government, its executive departments, independent establishments, and agencies, including wholly owned Government corporations, and officers and employees of the Government or its executive departments, independent establishments, and agencies while acting in their official capacity, have any interest, or in connection with which they have any obligation or responsibility; and

(ii) which the Secretary of the Treasury declares to be valuables within the meaning of this chapter.

(B) Requirement for declaring articles or things valuable.—The Secretary shall not declare articles or things that are lost, destroyed, or damaged in the course of shipment to be valuables unless the Secretary determines that replacement of the articles or things in accordance with the procedure established in this chapter would be in the public interest.

(4) Wholly owned government corporation.—The term "wholly owned Government corporation"—

(A) means any corporation, regardless of the law under which it is incorporated, the capital of which is entirely owned by the Government; and

(B) includes the authorized officers, employees, and agents of the corporation.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1280.)

Historical and Revision Notes

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

17301(1) 
40:729(d). 
July 8, 1937, ch. 444, §7, 50 Stat. 480; Aug. 10, 1939, ch. 665, §3, 53 Stat. 1359.

17301(2) 
40:729(b).

17301(3) 
40:729(a).

17301(4) 
40:729(c).

In this chapter, the words "wholly owned Government corporation" are substituted for "wholly owned corporation" for consistency in the revised title and with other titles of the United States Code.

In clause (3)(A)(i), the words "direct or indirect" are omitted as unnecessary.

In clause (4)(A), the words "or laws" are omitted because of 1:1. The words "directly or indirectly" are omitted as unnecessary.

In clause (4)(B), the word "duly" is omitted as unnecessary.
40 U.S.C. § 902 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 9 / Section 902: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Unit of general local government.—The term "unit of general local government" means a city, county, town, parish, village, or other general-purpose political subdivision of a State.

(2) Urban area.—The term "urban area" means—

(A) a geographical area within the jurisdiction of an incorporated city, town, borough, village, or other unit of general local government, except a county or parish, having a population of at least 10,000 inhabitants;

(B) that portion of the geographical area within the jurisdiction of a county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density of at least 1,500 inhabitants per square mile; and

(C) that portion of a geographical area having a population density of at least 1,500 inhabitants per square mile and situated adjacent to the boundary of an incorporated unit of general local government which has a population of at least 10,000.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)

Historical and Revision Notes

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

902 
40:535(a), (b). 
June 30, 1949, ch. 288, title VIII, §806(a), (b), as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105.
40 U.S.C. § 3111 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter II / Section 3111: Approval of sufficiency of title prior to acquisition
Approval of sufficiency of title prior to acquisition
Status: in_force

(a) Approval of Attorney General Required.—Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.

(b) Delegation.—

(1) In general.—The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes.

(2) Request for opinion of attorney general.—A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.

(c) Payment of Expenses for Procuring Certificates of Title.—Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government.

(d) Nonapplication.—This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)

Historical and Revision Notes

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

3111(a) 
40:255 (1st par.). 
R.S. §355 (1st–5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91–393, §1, Sept. 1, 1970, 84 Stat. 835.

3111(b) 
40:255 (2d, 3d pars.).

3111(c) 
40:255 (4th par.).

3111(d) 
40:255 (5th par.).

In subsection (d), the words "in any manner" are omitted as unnecessary.
40 U.S.C. § 312 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 3 / Subchapter II / Section 312: Repealed. Pub. L. 111-8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665
Repealed. Pub. L. 111-8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665
Status: repealed

[§312. Repealed. Pub. L. 111–8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073, related to transfer and use of amounts for major equipment acquisitions.
40 U.S.C. § 8304 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 83 / Section 8304: Priority projects
Priority projects
Status: in_force

In carrying out the policy pursuant to section 8303 of this title for the attainment of the objective established by section 8302 of this title, priority should be given to the solution, on a unified metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211.)

Historical and Revision Notes

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

8304 
40:133. 
Pub. L. 86–527, §4, June 27, 1960, 74 Stat. 223.

The words "The Congress further declares that" are omitted as obsolete.
40 U.S.C. § 583 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 583: Construction of buildings
Construction of buildings
Status: in_force

(a) Authority.—At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may—

(1) acquire land for a building or project authorized by Congress;

(2) make or cause to be made (under contract or otherwise) surveys and test borings and prepare plans and specifications for a building or project prior to the Attorney General's approval of the title to the site; and

(3) contract for, and supervise, the construction, development, and equipping of a building or project.

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

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

Historical and Revision Notes

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

583 
40:490(c). 
June 30, 1949, ch. 288, title II, §210(c), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582.

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

In subsection (b), the words "salaries and expenses for preparing plans and specifications and for field supervision" are substituted for "salaries and expenses of personnel engaged in the preparation of plans and specifications or in field supervision, and for general office expenses to be incurred in the rendition of any such service" to eliminate unnecessary words.
40 U.S.C. § 1102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 11 / Section 1102: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Agency head.—The term "agency head" means the head of a department, agency, or bureau of the Federal Government.

(2) Architectural and engineering services.—The term "architectural and engineering services" means—

(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;

(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and

(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

(3) Firm.—The term "firm" means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)

Historical and Revision Notes

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

1102 
40:541. 
June 30, 1949, ch. 288, title IX, §901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, §742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, §8, Nov. 17, 1988, 102 Stat. 4068.

In clause (1), the words "Secretary, Administrator, or" are omitted as unnecessary.
40 U.S.C. § 14102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 141 / Section 14102: Definitions
Definitions
Status: in_force

(a) Definitions.—In this subtitle—

(1) Appalachian region.—The term "Appalachian region" means that area of the eastern United States consisting of the following counties (including any political subdivision located within the area):

(A) In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.

(B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield.

(C) In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe.

(D) In Maryland, the counties of Allegany, Garrett, and Washington.

(E) In Mississippi, the counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha.

(F) In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.

(G) In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey.

(H) In Ohio, the counties of Adams, Ashtabula, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and Washington.

(I) In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming.

(J) In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, Spartanburg, and Union.

(K) In Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Lawrence, Lewis, Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White.

(L) In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Henry, Highland, Lee, Montgomery, Patrick, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

(M) All the counties of West Virginia, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion.

(2) Local development district.—The term "local development district" means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate state officer, certifies to the Appalachian Regional Commission that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region:

(A) a nonprofit incorporated body organized or chartered under the law of the State in which it is located.

(B) a nonprofit agency or instrumentality of a state or local government.

(C) a nonprofit agency or instrumentality created through an interstate compact.

(D) a nonprofit association or combination of bodies, agencies, and instrumentalities described in this paragraph.

(b) Change in Definition.—The Commission may not propose or consider a recommendation for any change in the definition of the Appalachian region as set forth in this section without a prior resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives that directs a study of the change.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1254; Pub. L. 110–371, §7, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 117–58, div. A, title I, §11506(a), Nov. 15, 2021, 135 Stat. 584.)

Historical and Revision Notes

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

14102(a)(1) 
40 App.:403 (less last 2 pars.). 
Pub. L. 89–4, title IV, §403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90–103, title I, §123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91–123, title I, §110, Nov. 25, 1969, 83 Stat. 215; Pub. L. 101–434, Oct. 17, 1990, 104 Stat. 985; Pub. L. 102–240, title I, §1087, Dec. 18, 1991, 105 Stat. 2022; Pub. L. 103–437, §14(e), Nov. 2, 1994, 108 Stat. 4591; Pub. L. 105–178, title I, §1222(a), June 9, 1998, 112 Stat. 223; Pub. L. 107–149, §§11, 13(j), Mar. 12, 2002, 116 Stat. 70, 73.

14102(a)(2) 
40 App.:301. 
Pub. L. 89–4, title III, §301, Mar. 9, 1965, 79 Stat. 19.

14102(b) 
40 App.:403 (last 2 pars.).

In subsection (a)(2), the words "the appropriate state official" are substituted for "the State officer designated by the appropriate State law to make such certification" to eliminate unnecessary words. The words "No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following" are omitted as unnecessary.

In subsection (b), the text of 40 App.:403 (last par.) is omitted as obsolete.

Editorial Notes

Amendments

2021—Subsec. (a)(1)(G). Pub. L. 117–58, §11506(a)(1), inserted "Catawba," after "Caldwell," and "Cleveland," after "Clay,".

Subsec. (a)(1)(J). Pub. L. 117–58, §11506(a)(2), substituted "Spartanburg, and Union" for "and Spartanburg".

Subsec. (a)(1)(M). Pub. L. 117–58, §11506(a)(3), inserted ", of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion" after "West Virginia".

2008—Subsec. (a)(1)(C). Pub. L. 110–371, §7(a), inserted "Metcalfe," after "Menifee,", "Nicholas," after "Morgan,", and "Robertson," after "Pulaski,".

Subsec. (a)(1)(H). Pub. L. 110–371, §7(b), inserted "Ashtabula," after "Adams,", "Mahoning," after "Lawrence,", and "Trumbull," after "Scioto,".

Subsec. (a)(1)(K). Pub. L. 110–371, §7(c), inserted "Lawrence, Lewis," after "Knox,".

Subsec. (a)(1)(L). Pub. L. 110–371, §7(d), inserted "Henry," after "Grayson," and "Patrick," after "Montgomery,".

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.
40 U.S.C. § 621 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VII / Section 621: Definitions
Definitions
Status: in_force

In this subchapter:

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

(2) Council.—The term "Council" means the Federal Real Property Council established by section 623(a).

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

(4) Federal agency.—The term "Federal agency" means—

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

(B) a wholly owned Government corporation (other than the United States Postal Service).

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

(6) Postal property.—The term "postal property" means any property owned or leased by the United States Postal Service.

(7) Public-private partnership.—The term "public-private partnership" means any partnership or working relationship between a Federal agency and a corporation, individual, or nonprofit organization for the purpose of financing, constructing, operating, managing, or maintaining one or more Federal real property assets.

(8) Underutilized property.—The term "underutilized property" means a portion or the entirety of any real property, including any improvements, that is used—

(A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or

(B) for program purposes that can be satisfied only with a portion of the property.

(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1608.)

Statutory Notes and Related Subsidiaries

Purpose

Pub. L. 114–318, §2, Dec. 16, 2016, 130 Stat. 1608, provided that: "The purpose of this Act [see section 1 of Pub. L. 114–318, set out as a Short Title of 2016 Amendment note under section 101 of this title] is to increase the efficiency and effectiveness of the Federal Government in managing property of the Federal Government by—

"(1) requiring the United States Postal Service to take appropriate measures to better manage and account for property;

"(2) providing for increased collocation with Postal Service facilities and guidance on Postal Service leasing practices; and

"(3) establishing a Federal Real Property Council to develop guidance on and ensure the implementation of strategies for better managing Federal property."
40 U.S.C. § 8106 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter I / Section 8106: Buildings on reservations, parks, or public grounds
Buildings on reservations, parks, or public grounds
Status: in_force

A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)

Historical and Revision Notes

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

8106 
40:68. 
Aug. 24, 1912, ch. 355, §1 (10th par. on p. 444), 37 Stat. 444.

The words "On and after August 24, 1912" are omitted as obsolete.
40 U.S.C. § 15308 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 153 / Section 15308: Transfer of funds among Federal agencies
Transfer of funds among Federal agencies
Status: in_force

(a) In General.—Subject to subsection (c), for purposes of this subtitle, each Commission may transfer funds to and accept transfers of funds from other Federal agencies.

(b) Transfer of Funds to Other Federal Agencies.—Funds made available to a Commission may be transferred to other Federal agencies if the funds are used consistently with the purposes for which the funds were specifically authorized and appropriated.

(c) Transfer of Funds From Other Federal Agencies.—Funds may be transferred to any Commission under this section if—

(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of funds for authorities being carried out by a Commission; and

(2) the Federal agency that provides the funds determines that the activities for which the funds are to be used are otherwise eligible for funding under such a statutory authority.

(Added Pub. L. 118–272, div. B, title II, §2243(a)(2), Jan. 4, 2025, 138 Stat. 3203.)

Editorial Notes

Prior Provisions

A prior section 15308 was renumbered section 15309 of this title.
40 U.S.C. § 6732 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter III / Section 6732: Federal Triangle development area
Federal Triangle development area
Status: in_force

The Federal Triangle development area is deemed to be part of the development area described in section 6711 of this title. The Administrator of General Services has the same authority over the Federal Triangle development area as over the development area described in section 6711.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)

Historical and Revision Notes

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

6732 
40:1104(g). 
Pub. L. 100–113, §5(g), Aug. 21, 1987, 101 Stat. 739.

The words "For purposes of the Pennsylvania Avenue Development Corporation Act of 1972 (other than section 5)" are omitted as unnecessary and obsolete. The words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.
40 U.S.C. § 11522 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 115 / Subchapter II / Section 11522: Repealed. Pub. L. 107-314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615
Repealed. Pub. L. 107-314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615
Status: repealed

[§11522. Repealed. Pub. L. 107–314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. Subsequent to repeal, Pub. L. 107–347, title II, §210(h)(3)(A), Dec. 17, 2002, 116 Stat. 2938, directed that this section be renumbered section 11521 of this title.
40 U.S.C. § 6701 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter I / Section 6701: Transfer of rights and authorities of Pennsylvania Avenue Development Corporation
Transfer of rights and authorities of Pennsylvania Avenue Development Corporation
Status: in_force

(a) In General.—The Administrator of General Services—

(1) may make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the trade center plan at the Federal Triangle Project; and

(2) has all the rights and authorities of the former Pennsylvania Avenue Development Corporation with regard to property transferred from the Corporation to the General Services Administration in fiscal year 1996.

(b) Use of Amounts and Income.—

(1) Activities associated with transferred responsibilities.—The Administrator may use amounts transferred from the Corporation or income earned on Corporation property for activities associated with carrying out the responsibilities of the Corporation transferred to the Administrator. Any income earned after October 1, 1998, shall be deposited to the Federal Buildings Fund to be available for the purposes authorized under this subchapter, notwithstanding section 592(c)(1) of this title.

(2) Excess amounts or income.—Any amounts or income the Administrator considers excess to the amount needed to fulfill the responsibilities of the Corporation transferred to the Administrator shall be applied to any outstanding debt the Corporation incurred when acquiring real estate, except debt associated with the Ronald Reagan Building and International Trade Center.

(c) Payment to District of Columbia.—With respect to real property transferred from the Corporation to the Administrator under section 6702 of this title, the Administrator shall pay to the District of Columbia government, in the same way as previously paid by the Corporation, an amount equal to the amount of real property tax which would have been payable to the government beginning on the date the Corporation acquired the real property if legal title to the property had been held by a private citizen on that date and during all periods to which that date relates.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1193.)

Historical and Revision Notes

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

6701(a) 
40:872 note (words before 1st proviso). 
Pub. L. 104–208, div. A, title I, §101(f) [title IV, 3d–6th provisos on p. 3009–335], Sept. 30, 1996, 110 Stat. 3009–335.

6701(b) 
40:872 note (1st, 2d provisos).

 
40:872 note. 
Pub. L. 105–277, §101(h) [title IV, 9th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502.

6701(c) 
40:872 note (last proviso).

 
40:879(b). 
Pub. L. 92–578, §10(b), Oct. 27, 1972, 86 Stat. 1274.

In subsection (a), before clause (1), the words "in fiscal year 1997 and thereafter" are omitted as obsolete. In clause (1), the words "leases, contracts or other" are omitted as unnecessary. The words "firm, association, or corporation" are omitted because of the definition of "person" in 1:1.

In subsection (b)(1), the words "notwithstanding any other provision of law" are omitted as unnecessary. The words "That the remaining balances and associated assets and laibilites [sic] of the Pennsylvania Avenue Activities account are hereby transferred to the Federal Buildings Fund to be effective October 1, 1998" are omitted as executed.

In subsection (c), the words "To the extent that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section" are omitted as unnecessary.
40 U.S.C. § 3142 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter IV / Section 3142: Rate of wages for laborers and mechanics
Rate of wages for laborers and mechanics
Status: in_force

(a) Application.—The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics.

(b) Based on Prevailing Wage.—The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there.

(c) Stipulations Required in Contract.—Every contract based upon the specifications referred to in subsection (a) must contain stipulations that—

(1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics;

(2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and

(3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents.

(d) Discharge of Obligation.—The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title.

(e) Overtime Pay.—In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types described in section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not actually paid.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(12), (13), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes

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

3142(a), (b) 
40:276a(a) (words before 1st semicolon). 
Mar. 3, 1931, ch. 411, §1(a), 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, §1, 54 Stat. 399; Pub. L. 86–624, §26, July 12, 1960, 74 Stat. 418; Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 238.

3142(c) 
40:276a(a) (words after 1st semicolon).

3142(d) 
40:276a(b) (1st par. proviso). 
Mar. 3, 1931, ch. 411, §1(b) (1st par. proviso, last par.), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239.

3142(e) 
40:276a(b) (last par.).

In subsection (a), the words "a State" are substituted for "the geographical limits of the States of the Union" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b), the words "city, town, village, or other" are omitted as unnecessary.

In subsection (d), the words "of a type" are omitted as unnecessary. The words "basic hourly rate of pay" are substituted for "rate of pay described in paragraph (1)" for clarity.

Editorial Notes

Amendments

2006—Subsec. (d). Pub. L. 109–284, §6(12), inserted "of this title" after "amount referred to in section 3141(2)(B)".

Subsec. (e). Pub. L. 109–284, §6(13), inserted "of this title" after "determined under section 3141(2)(B)".
40 U.S.C. § 3105 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter I / Section 3105: Buildings not to be draped in mourning
Buildings not to be draped in mourning
Status: in_force

No building owned, or used for public purposes, by the Federal Government shall be draped in mourning nor may public money be used for that purpose.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)

Historical and Revision Notes

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

3105 
40:286. 
Mar. 3, 1893, ch. 211, §3, 27 Stat. 715.

The words "On and after March 3, 1893" are omitted as obsolete.
40 U.S.C. § 15307 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 153 / Section 15307: Tribal participation
Tribal participation
Status: in_force

Governments of Indian tribes in the region of the Southwest Border Regional Commission shall be allowed to participate in matters before that Commission in the same manner and to the same extent as State agencies and instrumentalities in the region.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1474, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2236.)

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. § 17306 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17306: Agreements of indemnity
Agreements of indemnity
Status: in_force

(a) Definition.—In this section, the term "Federal Government" includes wholly owned Government corporations, and officers and employees of the Government or its executive departments, independent establishments, and agencies while acting in their official capacity.

(b) Authority To Make Agreement.—The Secretary of the Treasury may make and deliver, on behalf of the Federal Government, a binding agreement of indemnity the Secretary considers necessary and proper to enable the Government to obtain the replacement of any instrument or document—

(1) received by the Government or an agent of the Government in the agent's official capacity; and

(2) which, after having been received, is lost, destroyed, or so mutilated as to impair its value.

(c) When Federal Government Not Obligated.—The Government is not obligated under an agreement of indemnity if the obligee named in the agreement makes a payment or delivery not required by law on the original of the instrument or document covered by the agreement.

(d) Use of Fund for the Payment of Government Losses in Shipment.—The fund described in section 17303 of this title is available to pay any obligation arising out of an agreement the Secretary makes under this section.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)

Historical and Revision Notes

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

17306(a) 
40:729(a) (last sentence). 
July 8, 1937, ch. 444, §7(a) (last sentence), 50 Stat. 480; Aug. 10, 1939, ch. 665, §3, 53 Stat. 1359.

17306(b) 
40:725 (1st sentence words before proviso). 
July 8, 1937, ch. 444, §3b, as added Aug. 10, 1939, ch. 665, §2, 53 Stat. 1359.

17306(c) 
40:725 (1st sentence proviso).

17306(d) 
40:725 (last sentence).
40 U.S.C. § 14304 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14304: Recommendations
Recommendations
Status: in_force

The Appalachian Regional Commission may make recommendations to the President and to the Governors and appropriate local officials with respect to—

(1) the expenditure of amounts by federal, state, and local departments and agencies in the Appalachian region in the fields of natural resources, agriculture, education, training, and health and welfare and in other fields related to the purposes of this subtitle; and

(2) additional federal, state, and local legislation or administrative actions as the Commission considers necessary to further the purposes of this subtitle.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258.)

Historical and Revision Notes

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

14304 
40 App.:103. 
Pub. L. 89–4, title I, §103, Mar. 9, 1965, 79 Stat. 7.

Before clause (1), the words "from time to time" are omitted as unnecessary.
40 U.S.C. § 3501 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 35 / Section 3501: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Public agency.—The term "public agency" means a State or a public agency or political subdivision of a State.

(2) Public works.—The term "public works" includes any public works other than housing.

(3) State.—The term "State" means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States.

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

Historical and Revision Notes

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

3501 
40:460. 
Aug. 2, 1954, ch. 649, title VII, §703, 68 Stat. 641; Pub. L. 90–19, §10(d), May 25, 1967, 81 Stat. 22; Pub. L. 93–383, title IV, §401(c), Aug. 22, 1974, 88 Stat. 691.

In this section, the text of 40:460(2) is omitted as unnecessary because the complete name of the Secretary of Housing and Urban Development is used the first time the term appears in a section.

In clause (1), the words "or 'public agencies' " are omitted as unnecessary because of 1:1.

In clause (3), the words "Guam, the Virgin Islands" are added to clarify that the provisions of the source law apply to those jurisdictions. The words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
40 U.S.C. § 3102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter I / Section 3102: Naming or designating buildings
Naming or designating buildings
Status: in_force

The Administrator of General Services may name or otherwise designate any building under the custody and control of the General Services Administration, regardless of whether it was previously named by statute.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)

Historical and Revision Notes

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

3102 
40:298d. 
June 16, 1949, ch. 218, title IV, §410, 63 Stat. 200; Pub. L. 85–542, July 18, 1958, 72 Stat. 399.

The words "notwithstanding any other provision of law" and "rename" are omitted as unnecessary.
40 U.S.C. § 523 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 523: Excess real property located on Indian reservations
Excess real property located on Indian reservations
Status: in_force

(a) Procedures for Transfer.—The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.

(b) Property Held in Trust.—

(1) In general.—Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located.

(2) Special requirement for oklahoma.—The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property—

(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or

(B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

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

Historical and Revision Notes

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

523 
40:483(a)(2). 
June 30, 1949, ch. 288, title II, §202(a)(2), as added Pub. L. 93–599, (2), Jan. 2, 1975, 88 Stat. 1954.
40 U.S.C. § 6715 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter II / Section 6715: Coordination with District of Columbia
Coordination with District of Columbia
Status: in_force

(a) Local Needs, Initiative, and Participation.—In carrying out the purposes of this subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Administrator of General Services shall—

(1) consult and cooperate with District of Columbia officials and community leaders at the earliest practicable time;

(2) give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and

(3) foster local initiative and participation in connection with the planning and development of projects.

(b) Compliance With Local Requirements.—To the extent the Administrator constructs, rehabilitates, alters, or improves any project under this subchapter, the Administrator shall comply with all District of Columbia laws, ordinances, codes, and regulations. Section 8722(d) of this title applies to all construction, rehabilitation, alteration, and improvement of all buildings by the Administrator under this subchapter. Construction, rehabilitation, alteration, and improvement of any project by non-Federal Government sources is subject to the District of Columbia Official Code and zoning regulations.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)

Historical and Revision Notes

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

6715 
40:878. 
Pub. L. 92–578, §9, Oct. 27, 1972, 86 Stat. 1273.

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

Editorial Notes

References in Text

The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (a), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
40 U.S.C. § 610 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 610: Discontinuance of motor vehicle pool or system
Discontinuance of motor vehicle pool or system
Status: in_force

(a) In General.—The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (based on accounting as provided in section 605 of this title) during a reasonable period of not longer than two successive fiscal years.

(b) Return of Comparable Property.—If a motor vehicle pool or system is discontinued, the Administrator shall return to each agency involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator.

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

Historical and Revision Notes

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

610 
40:491(f) (last sentence). 
June 30, 1949, ch. 288, title II, §211(f) (last sentence), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127.
40 U.S.C. § 5103 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5103: Restrictions on public use of United States Capitol Grounds
Restrictions on public use of United States Capitol Grounds
Status: in_force

Public travel in, and occupancy of, the United States Capitol Grounds is restricted to the roads, walks, and places prepared for that purpose.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176.)

Historical and Revision Notes

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

5103 
40:193b. 
July 31, 1946, ch. 707, §2, 60 Stat. 718.

The words "by flagging, paving, or otherwise" are omitted as unnecessary.
40 U.S.C. § 8103 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter I / Section 8103: Application of District of Columbia laws to public buildings and grounds
Application of District of Columbia laws to public buildings and grounds
Status: in_force

(a) Application of Laws.—Laws and regulations of the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Columbia.

(b) Penalties.—A person shall be fined under title 18, imprisoned for not more than six months, or both if the person—

(1) is guilty of disorderly and unlawful conduct in or about those public buildings or public grounds;

(2) willfully injures the buildings or shrubs;

(3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure;

(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or

(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)

Historical and Revision Notes

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

8103 
40:101. 
July 29, 1892, ch. 320, §15, 27 Stat. 325; Pub. L. 90–108, §2, Oct. 20, 1967, 81 Stat. 277.

In subsection (b), the word "enclosure" is substituted for "inclosure" to use the more understood term.
40 U.S.C. § 6302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 63 / Section 6302: Public use of grounds
Public use of grounds
Status: in_force

Public travel in, and occupancy of, the grounds specified under section 6301 of this title are restricted to the sidewalks and other paved surfaces, except in the National Zoological Park.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.)

Historical and Revision Notes

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

6302 
40:193o. 
Oct. 24, 1951, ch. 559, §2, 65 Stat. 634.
40 U.S.C. § 8303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 83 / Section 8303: Declaration of policy of coordinated development and management
Declaration of policy of coordinated development and management
Status: in_force

The policy to be followed for the attainment of the objective established by section 8302 of this title, and for the more effective exercise by Congress, the executive branch of the Federal Government, the Mayor of the District of Columbia, and all other officers, agencies, and instrumentalities of the District of Columbia of their respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that the functions, powers, and duties shall be exercised and carried out in a manner that (with proper recognition of the sovereignty of Maryland and Virginia in respect of those areas of the Washington metropolitan region that are located within their respective jurisdictions) will best facilitate the attainment of the coordinated development of the areas of the Washington metropolitan area and the coordinated management of their public affairs so as to contribute effectively to the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)

Historical and Revision Notes

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

8303 
40:132. 
Pub. L. 86–527, §3, June 27, 1960, 74 Stat. 223.

The words "The Congress further declares that" are omitted as obsolete. The word "Mayor" is substituted for "Board of Commissioners" [subsequently changed to "Commissioner" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Self–Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789.)
40 U.S.C. § 3177 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter VI / Section 3177: Use of photovoltaic energy in public buildings
Use of photovoltaic energy in public buildings
Status: in_force

(a) Photovoltaic Energy Commercialization Program.—

(1) In general.—The Administrator of General Services may establish a photovoltaic energy commercialization program for the procurement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings.

(2) Purposes.—The purposes of the program shall be to accomplish the following:

(A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel.

(B) To reduce the fossil fuel consumption and costs of the Federal Government.

(C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government's Million Solar Roof Initiative of 1997.

(D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods.

(E) To develop program performance data to support policy decisions on future incentive programs with respect to energy.

(3) Acquisition of photovoltaic solar electric systems.—

(A) In general.—The program shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability for use in public buildings.

(B) Acquisition levels.—The acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low-cost production techniques with at least 150 megawatts (peak) cumulative acquired during the 5 years of the program.

(4) Administration.—The Administrator shall administer the program and shall—

(A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection;

(B) develop innovative procurement strategies for the acquisition of such systems; and

(C) transmit to Congress an annual report on the results of the program.

(b) Photovoltaic Systems Evaluation Program.—

(1) In general.—Not later than 60 days after the date of enactment of this section, the Administrator shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy systems as are required in public buildings.

(2) Program requirement.—In evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced technology.

(c) Authorization of Appropriations.—

(1) Photovoltaic energy commercialization program.—There are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended.

(2) Photovoltaic systems evaluation program.—There are authorized to be appropriated to carry out subsection (b) $10,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended.

(Added Pub. L. 109–58, title II, §204(a), Aug. 8, 2005, 119 Stat. 653.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005.
40 U.S.C. § 542 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 542: Care and handling
Care and handling
Status: in_force

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

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

Historical and Revision Notes

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

542 
40:484(b). 
June 30, 1949, ch. 288, title II, §203(b), 63 Stat. 385.
40 U.S.C. § 17501 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17501: Definitions
Definitions
Status: in_force

In this chapter, the following definitions apply:

(1) Executive agency.—The term "executive agency"—

(A) means an executive agency (as that term is defined in section 105 of title 5) that operates at least 300 motor vehicles; but

(B) does not include the Tennessee Valley Authority.

(2) Motor vehicle.—The term "motor vehicle" means—

(A) a vehicle self-propelled or drawn by mechanical power; but not

(B) a vehicle designed or used for military field training, combat, or tactical purposes, or any other special purpose vehicle exempted from the requirements of this chapter by the Administrator of General Services.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)

Historical and Revision Notes

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

17501 
40:913. 
Pub. L. 99–272, title XV, §15313, Apr. 7, 1986, 100 Stat. 338.

In this section, the text of 40:913(2)–(4) is omitted as unnecessary because the complete names of the Director of the Office of Management and Budget, the Administrator of General Services, and the Comptroller General of the United States are used the first time the terms appear in a section.

Before clause (1), the words "this chapter" were in the original "this title", meaning title XV (§§15101 to 15313) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99–272, 100 Stat. 330). In clause (2)(B), the words "this chapter" are substituted for "this part" as the probable intent of Congress because title XV of the Act does not contain part designations and the intention was probably to refer to title XV, which is restated as this chapter.
40 U.S.C. § 8122 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter II / Section 8122: Jurisdiction over portion of Constitution Avenue
Jurisdiction over portion of Constitution Avenue
Status: in_force

The Director of the National Park Service has jurisdiction over that part of Constitution Avenue west of Virginia Avenue that was under the control of the Commissioners of the District of Columbia prior to May 27, 1908.

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

Historical and Revision Notes

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

8122 
40:64. 
May 27, 1908, ch. 200, §1 (1st complete par. on p. 356), 35 Stat. 356.

For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The words "Constitution Avenue" are substituted for "B Street" to reflect the current name.
40 U.S.C. § 543 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 543: Method of disposition
Method of disposition
Status: in_force

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

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

Historical and Revision Notes

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

543 
40:484(c). 
June 30, 1949, ch. 288, title II, §203(c), 63 Stat. 385.
40 U.S.C. § 111 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter II / Section 111: Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
Status: in_force

In the following provisions, the words "this subtitle" are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:

(1) Section 101 of this title.

(2) Section 112(a) of this title.

(3) Section 113 of this title.

(4) Section 121(a) of this title.

(5) Section 121(c)(1) of this title.

(6) Section 121(c)(2) of this title.

(7) Section 121(d)(1) and (2) of this title.

(8) Section 121(e)(1) of this title.

(9) Section 121(f) of this title.

(10) Section 121(g) of this title.

(11) Section 122(a) of this title.

(12) Section 123(a) of this title.

(13) Section 123(c) of this title.

(14) Section 124 of this title.

(15) Section 126 of this title.

(16) Section 311(c) of this title.

(17) Section 313(a) of this title.

(18) Section 528 of this title.

(19) Section 541 of this title.

(20) Section 549(e)(3)(H)(i)(II) of this title.

(21) Section 557 of this title.

(22) Section 558(a) of this title.

(23) Section 559(f) of this title.

(24) Section 571(b) of this title.

(25) Section 572(a)(2)(A) of this title.

(26) Section 572(b)(4) of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065; Pub. L. 111–350, §5(l)(3), Jan. 4, 2011, 124 Stat. 3850.)

Historical and Revision Notes

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

111 
(no source). 

This section is added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as 41 U.S.C. 251 et seq. Where the words "this Act" are restated, substituting the words "this subtitle" does not yield an accurate literal translation because "this subtitle" does not include title III of the Act. This section does not subject any provision of law to title III of the Act if that provision was not subject to title III prior to the positive law codification of title 40.

Editorial Notes

Amendments

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 "Federal Property and Administrative Services Act of 1949" in section catchline and for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
40 U.S.C. § 14511 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter I / Section 14511: Appalachian regional energy hub initiative
Appalachian regional energy hub initiative
Status: in_force

(a) In General.—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—

(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot;

(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and

(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks.

(b) Limitation on Available Amounts.—Of the cost of any project or activity eligible for a grant under this section—

(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section;

(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and

(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.

(c) Sources of Assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available—

(1) under any other Federal program; or

(2) from any other source.

(d) Federal Share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.

(Added Pub. L. 117–58, div. A, title I, §11506(e)(1), Nov. 15, 2021, 135 Stat. 585.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.
40 U.S.C. § 6924 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter II / Section 6924: Reports and recommendations
Reports and recommendations
Status: in_force

The National Visitor Facilities Advisory Commission shall report to the Secretary of the Interior and the Administrator of General Services the results of its studies and investigations. A report recommending additional facilities for visitors shall include the Commission's recommendations as to sites for the facilities to be provided, preliminary plans, specifications, and architectural drawings for the facilities, and the estimated cost of the recommended sites and facilities.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)

Historical and Revision Notes

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

6924 
40:823. 
Pub. L. 90–264, title II, §203, Mar. 12, 1968, 82 Stat. 46.

The words "from time to time" are omitted as unnecessary. The word "reviews" is omitted as obsolete because the review is a continuing review of the National Visitors Center and there is no National Visitors Center. The words "site or" are omitted because of 1:1.
40 U.S.C. § 6902 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6902: Assignment of right, title, and interest in the Union Station complex to the Secretary of Transportation
Assignment of right, title, and interest in the Union Station complex to the Secretary of Transportation
Status: in_force

The Secretary of Transportation has the right, title, and interest in and to the Union Station complex, including all agreements and leases made under sections 101–110 of the National Visitors Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of Transportation and the Secretary of the Interior agree, the Secretary of the Interior may lease space for visitor services.

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

Historical and Revision Notes

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

6902 
40:811(a) (1st, 2d sentences). 
Pub. L. 90–264, title I, §111(a) (1st, 2d sentences), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668.

This section is substituted for the text of 40:811(a) (1st, 2d sentences) to eliminate obsolete words.

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.
40 U.S.C. § 11332 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 113 / Subchapter III / Section 11332: Repealed. Pub. L. 107-296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960
Repealed. Pub. L. 107-296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960
Status: repealed

[§11332. Repealed. Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effective Date of 2002 Amendments note under section 3504 of Title 44, Public Printing and Documents.

Repeal by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
40 U.S.C. § 11102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 111 / Section 11102: Sense of Congress
Sense of Congress
Status: in_force

It is the sense of Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year through improvements in information resources management by the agency—

(1) at least a five percent decrease in the cost (in constant fiscal year 1996 dollars) incurred by the agency in operating and maintaining information technology; and

(2) a five percent increase in the efficiency of the agency operations.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)

Historical and Revision Notes

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

11102 
40:1442. 
Pub. L. 104–106, div. E, title LI, §5132, Feb. 10, 1996, 110 Stat. 689.
40 U.S.C. § 6714 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter II / Section 6714: Relocation services
Relocation services
Status: in_force

(a) Use of District of Columbia Government.—The Administrator of General Services may use the services of the District of Columbia government in the administration of a relocation program pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the government for the cost of the services.

(b) Coordination of Relocation Programs.—All relocation services performed by or on behalf of the Administrator shall be coordinated with the District of Columbia's central relocation programs.

(c) Preferential Rights of Displaced Owners and Tenants.—An owner or tenant of real property whose residence or business is terminated as a result of acquisitions made pursuant to this subchapter or the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) shall be granted a preferential right to lease or purchase from the Administrator similar real property as may become available for a similar use. The preferential right is limited to the parties in interest and is not transferable or assignable.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)

Historical and Revision Notes

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

6714 
40:877(b)–(d). 
Pub. L. 92–578, §8(b)–(d), Oct. 27, 1972, 86 Stat. 1273; Pub. L. 95–629, title I, §101(1)(f), Nov. 10, 1978, 92 Stat. 3635.

In subsection (c), the words "retail, wholesale, service or other" and "or its agent" are omitted as unnecessary. The words "upon implementation of the development plan" are omitted as obsolete.

Editorial Notes

References in Text

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.

The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (c), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
40 U.S.C. § 18304 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 183 / Section 18304: Procedures for enforcement of awards
Procedures for enforcement of awards
Status: in_force

(a) Modifications and Finality of Award.—Within 10 days after the parties receive an arbitration award to which section 18303 of this title applies, the interstate compact agency and the employees, through their representative, may agree in writing on any modifications to the award. After the end of that 10-day period, the award, and any modifications, become binding on the interstate compact agency, the employees in the bargaining unit, and the employees' representative.

(b) Implementation.—Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award.

(c) Judicial Review.—Within 60 days after an award becomes binding under subsection (a), the interstate compact agency or the exclusive representative of the employees concerned may bring a civil action in a court that has jurisdiction over the interstate compact agency for review of the award. The court shall review the award on the record, and shall vacate the award or any part of the award, after notice and a hearing, if—

(1) the award is in violation of applicable law;

(2) the arbitrator exceeded the arbitrator's powers;

(3) the decision by the arbitrator is arbitrary or capricious;

(4) the arbitrator conducted the hearing contrary to the provisions of this chapter or other laws or rules that apply to the arbitration so as to substantially prejudice the rights of a party;

(5) there was partiality or misconduct by the arbitrator prejudicing the rights of a party;

(6) the award was procured by corruption, fraud, or bias on the part of the arbitrator; or

(7) the arbitrator did not comply with the provisions of section 18303 of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1294.)

Historical and Revision Notes

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

18304 
40:1304. 
Pub. L. 104–50, title IV, §405, Nov. 15, 1995, 109 Stat. 465.
40 U.S.C. § 8734 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter IV / Section 8734: Sale of land by Mayor
Sale of land by Mayor
Status: in_force

(a) Authority To Sell.—With the approval of the National Capital Planning Commission, the Mayor of the District of Columbia, for the best interests of the District of Columbia, may sell to the highest bidder at public or private sale real estate in the District of Columbia owned in fee simple by the District of Columbia for municipal use that the Council of the District of Columbia and the Commission find to be no longer required for public purposes.

(b) Paying Expenses and Depositing Proceeds.—The Mayor—

(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and

(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the District of Columbia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)

Historical and Revision Notes

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

8734(a) 
40:72c. 
Aug. 5, 1939, ch. 449, §§1, 2, 53 Stat. 1211.

8734(b) 
40:72d.

In subsection (a), the words "in his discretion", "and convey, in whole or in part", and "now or hereafter" are omitted as unnecessary.
40 U.S.C. § 17305 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17305: Replacing lost, destroyed, or damaged stamps, securities, obligations, or money
Replacing lost, destroyed, or damaged stamps, securities, obligations, or money
Status: in_force

Stamps, securities, or other obligations of the Federal Government, or money lost, destroyed, or damaged while in the custody or possession of, or charged to, the United States Postal Service while it is acting as agent for, or on behalf of, the Secretary of the Treasury for the sale of the stamps, securities, or obligations and for the collection of the money, shall be replaced out of the fund described in section 17303 of this title under regulations the Secretary may prescribe, regardless of how the loss, destruction, or damage occurs.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)

Historical and Revision Notes

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

17305 
40:724. 
July 8, 1937, ch. 444, §3a, as added Aug. 10, 1939, ch. 665, §2, 53 Stat. 1358; Pub. L. 91–375, §6(m)(5), Aug. 12, 1970, 84 Stat. 783.

The words "occurring heretofore or hereafter, but not prior to February 4, 1935" are omitted as obsolete. The words "United States Postal Service" are substituted for "Post Office Department or Postal Service" in section 3a of the Government Losses in Shipment Act (ch. 444), as added by section 2 of the Act of August 10, 1939 (ch. 665, 53 Stat. 1358), because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words "Secretary of the Treasury" are substituted for "Treasury Department" because of 31:301(b).
40 U.S.C. § 6905 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter I / Section 6905: Service on board of directors of Union Station Redevelopment Corporation
Service on board of directors of Union Station Redevelopment Corporation
Status: in_force

To further the rehabilitation, redevelopment, and operation of the Union Station complex, the Secretary of Transportation and the Administrator of the Federal Railroad Administration may serve as ex officio members of the board of directors of the Union Station Redevelopment Corporation.

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

Historical and Revision Notes

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

6905 
40:819a. 
Pub. L. 90–264, title I, §120, as added Pub. L. 105–178, title I, §1211(b), June 9, 1998, 112 Stat. 188.

The words "or their designees" are omitted because of 49:322(b).
40 U.S.C. § 6307 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 63 / Section 6307: Penalties
Penalties
Status: in_force

(a) In General.—

(1) Penalty.—A person violating section 6302 or 6303 of this title, or a regulation prescribed under section 6304 of this title, shall be fined under title 18, imprisoned for not more than 60 days, or both.

(2) Procedure.—Prosecution for an offense under this subsection shall be in the Superior Court of the District of Columbia, by information by the United States Attorney or an Assistant United States Attorney.

(b) Offenses Involving Property Damage Over $100.—

(1) Penalty.—If in the commission of a violation described in subsection (a), property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years.

(2) Venue and procedure.—Prosecution of an offense under this subsection shall be in the United States District Court for the District of Columbia by indictment. Prosecution may be on information by the United States Attorney or an Assistant United States Attorney if the defendant, after being advised of the nature of the charge and of rights of the defendant, waives in open court prosecution by indictment.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1187.)

Historical and Revision Notes

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

6307 
40:193s. 
Oct. 24, 1951, ch. 559, §6, 65 Stat. 635.

In subsection (a)(1), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18.

In subsection (a)(2), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).

In subsection (b)(1), the words "the amount of the fine for the offense may be not more than $5,000" are omitted for consistency with chapter 227 of title 18.
40 U.S.C. § 11503 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 115 / Subchapter I / Section 11503: Report
Report
Status: in_force

(a) Requirement.—Not later than 180 days after the completion of the pilot program under this chapter, the Administrator for Federal Procurement Policy shall—

(1) submit to the Director of the Office of Management and Budget a report on the results and findings under the program; and

(2) provide a copy of the report to Congress.

(b) Content.—The report shall include—

(1) a detailed description of the results of the program, as measured by the criteria established for the program; and

(2) a discussion of legislation that the Administrator recommends, or changes in regulations that the Administrator considers necessary, to improve overall information resources management in the Federal Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(B)(iii), Dec. 17, 2002, 116 Stat. 2938.)

Historical and Revision Notes

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

11503 
40:1473. 
Pub. L. 104–106, div. E, title LIII, §5303, Feb. 10, 1996, 110 Stat. 692.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–314 and Pub. L. 107–347 amended subsec. (a) identically, substituting "the pilot" for "a pilot" in introductory provisions.

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.
40 U.S.C. § 1312 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1312: Release of real estate in certain cases
Release of real estate in certain cases
Status: in_force

(a) In General.—Real estate that has become the property of the Federal Government in payment of a debt which afterward is fully paid in money and received by the Government may be conveyed by the Administrator of General Services to the debtor from whom it was taken or to the heirs or devisees of the debtor or the person that they may appoint.

(b) Nonapplication.—This section does not apply to real estate the Government acquires in payment of any debt arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1138.)

Historical and Revision Notes

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

1312 
40:306. 
R.S. §3751; Pub. L. 89–30, §3, June 2, 1965, 79 Stat. 119.

In subsection (a), the words "by conveyance, extent, or otherwise" are omitted as unnecessary. The words "General Counsel for the Department of the Treasury" were substituted for "Solicitor of the Treasury" in section 3751 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. The words "release by deed or otherwise" and "if he is living, or, if such debtor is dead" are omitted as unnecessary.

In subsection (b), the words "the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)" are substituted for "the internal-revenue laws" for clarity and for consistency in the revised title and with other titles of the Code.

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (b), is classified to Title 26, Internal Revenue Code.
40 U.S.C. § 303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 3 / Subchapter I / Section 303: Federal Acquisition Service
Federal Acquisition Service
Status: in_force

(a) Establishment.—There is established in the General Services Administration a Federal Acquisition Service. The Administrator of General Services shall appoint a Commissioner of the Federal Acquisition Service, who shall be the head of the Federal Acquisition Service.

(b) Functions.—Subject to the direction and control of the Administrator of General Services, the Commissioner of the Federal Acquisition Service shall be responsible for carrying out functions related to the uses for which the Acquisition Services Fund is authorized under section 321 of this title, including any functions that were carried out by the entities known as the Federal Supply Service and the Federal Technology Service and such other related functions as the Administrator considers appropriate.

(c) Regional Executives.—The Administrator may appoint Regional Executives in the Federal Acquisition Service, to carry out such functions within the Federal Acquisition Service as the Administrator considers appropriate.

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

Historical and Revision Notes

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

303(a)(1) 
40:752(a). 
June 30, 1949, ch. 288, title I, §102, 63 Stat. 380; Sept. 5, 1950, ch. 849, §6(a), 64 Stat. 583.

303(a)(2) 
40:752(c).

303(b) 
40:753. 
June 30, 1949, ch. 288, title I, §103, 63 Stat. 380.

In subsection (a)(1), the text of 40:752(a) (2d, last sentences) is omitted as executed.

Subsection (a)(2) is substituted for 40:752(c) to eliminate obsolete language.

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

Editorial Notes

Amendments

2006—Pub. L. 109–313 amended section catchline and text generally. Prior to amendment, text read as follows:

"(a) Bureau of Federal Supply.—

"(1) Transfer of functions.—Subject to paragraph (2), the functions of the Administrator of General Services include functions related to the Bureau of Federal Supply in the Department of the Treasury that, immediately before July 1, 1949, were functions of—

"(A) the Bureau;

"(B) the Director of the Bureau;

"(C) the personnel of the Bureau; or

"(D) the Secretary of the Treasury.

"(2) Functions not transferred.—The functions of the Administrator of General Services do not include functions retained in the Department of the Treasury under section 102(c) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380).

"(b) Federal Works Agency and Commissioner of Public Buildings.—The functions of the Administrator of General Services include functions related to the Federal Works Agency and functions related to the Commissioner of Public Buildings that, immediately before July 1, 1949, were functions of—

"(1) the Federal Works Agency;

"(2) the Federal Works Administrator; or

"(3) the Commissioner of Public Buildings."

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 109–313, §2(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document—

"(1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service;

"(2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service;

"(3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and

"(4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service."

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.

Executive Documents

Emergency Preparedness Functions

For assignment of certain emergency preparedness functions to the Administrator of General Services, see Parts 1, 2, and 18 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
40 U.S.C. § 9104 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 91 / Section 9104: Authorization of appropriations
Authorization of appropriations
Status: in_force

Necessary amounts may be appropriated to carry out this chapter.

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

Historical and Revision Notes

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

9104 
40:106. 
May 17, 1910, ch. 243, §2, 36 Stat. 371; May 25, 1955, ch. 76, 69 Stat. 66; May 13, 1960, Pub. L. 86–461, 74 Stat. 128.
40 U.S.C. § 6506 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 65 / Section 6506: Allocation of space
Allocation of space
Status: in_force

(a) Priority.—

(1) Judicial branch.—Subject to this section, the Architect of the Capitol shall make available to the judicial branch of the Federal Government all space in the Thurgood Marshall Federal Judiciary Building and other improvements constructed under this chapter. The space shall be made available on a reimbursable basis and substantially in accordance with the report referred to in section 3(b)(1) of the Judiciary Office Building Development Act (Public Law 100–480, 102 Stat. 2330).

(2) Other federal governmental entities.—The Architect may make available to federal governmental entities which are not part of the judicial branch and which are not staff of Members of Congress or congressional committees any space in the Building and other improvements that the Chief Justice decides is not needed by the judicial branch. The space shall be made available on a reimbursable basis.

(3) Other persons.—If any space remains, the Architect may sublease it pursuant to subsection (e), under the direction of the Commission for the Judiciary Office Building, to any person.

(b) Space for Judicial Branch and Other Federal Governmental Entities.—Space made available under subsection (a)(1) or (2) is subject to—

(1) terms and conditions necessary to carry out the objectives of this chapter; and

(2) reimbursement at the rate established under section 6504(b)(2) of this title plus an amount necessary to pay each year for the cost of administering the Building and other improvements (including the cost of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) that is attributable to the space, with the amount to be determined by the Architect and—

(A) in the case of the judicial branch, the Director of the Administrative Office of the United States Courts; or

(B) in the case of any federal governmental entity not a part of the judicial branch, the entity.

(c) Space for Judicial Branch.—

(1) Assignment of space within judicial branch.—The Director may assign space made available to the judicial branch under subsection (a)(1) among offices of the judicial branch as the Director considers appropriate.

(2) Vacating occupied space.—When the Chief Justice notifies the Architect that the judicial branch requires additional space in the Building and other improvements, the Architect shall accommodate those requirements within 90 days after the date of the notification, except that if the space was made available to the Administrator of General Services, it shall be vacated expeditiously by not later than a date the Chief Justice and the Administrator agree on.

(3) Unoccupied space.—The Chief Justice has the right of first refusal to use unoccupied space in the Building to meet the needs of the judicial branch.

(d) Lease by Architect.—

(1) Authority to lease.—Subject to approval by the Committees on Appropriations of the House of Representatives and the Senate, the House Office Building Commission, and the Committee on Rules and Administration of the Senate, the Architect may lease and occupy not more than 75,000 square feet of space in the Building.

(2) Payments.—Payments under the lease shall be made on vouchers the Architect approves. Necessary amounts may be appropriated—

(A) to the Architect to carry out this subsection, including amounts for acquiring and installing furniture and furnishings; and

(B) to the Sergeant at Arms of the Senate to plan for, acquire, and install telecommunications equipment and services for the Architect with respect to space leased under this subsection.

(e) Subleased Space.—

(1) Rental rate.—Space subleased by the Architect under subsection (a)(3) is subject to reimbursement at a rate which is comparable to prevailing rental rates for similar facilities in the area but not less than the rate established under section 6504(b)(2) of this title plus an amount the Architect and the person subleasing the space agree is necessary to pay each year for the cost of administering the Building (including the cost of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) that is attributable to the space.

(2) Limitation.—A sublease under subsection (a)(3) must be compatible with the dignity and functions of the judicial branch offices housed in the Building and must not unduly interfere with the activities and operations of the judicial branch agencies housed in the Building. Sections 5104(c) and 5108 of this title do not apply to any space in the Building and other improvements subleased to a non-Government tenant under subsection (a)(3).

(3) Collection of rent.—The Architect shall collect rent for space subleased under subsection (a)(3).

(f) Deposit of Rent and Reimbursements.—Amounts received under subsection (a)(3) (including lease payments and reimbursements) shall be deposited in the account described in section 6507 of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)

Historical and Revision Notes

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

6506(a)(1), (2) 
40:1205(a)(1), (2). 
Pub. L. 100–480, §6(a)(1)–(6), (b), (c), Oct. 7, 1988, 102 Stat. 2332.

6506(a)(3) 
40:1205(b)(1).

6506(b) 
40:1205(a)(3), (4).

6506(c)(1) 
40:1205(a)(6).

6506(c)(2), (3) 
40:1205(a)(5).

6506(d) 
40:1205(a)(7), (8). 
Pub. L. 100–480, §6(a)(7), (8), as added Pub. L. 102–392, title III, §318, Oct. 6, 1992, 106 Stat. 1724.

6506(e) 
40:1205(b)(2)–(4).

6506(f) 
40:1205(c).

In subsection (a)(3), the text of 40:1205(b)(1)(words before semicolon) is omitted as unnecessary. The words "pursuant to subsection (e)" are added for clarity.

In subsection (b)(2)(B), the word "federal" is added for clarity.

In subsection (c)(1), the words "and reassign" are omitted as unnecessary.

In subsection (d)(1), the word "Building" [meaning the Thurgood Marshall Federal Judiciary Building] is substituted for "Federal Judiciary Building" in the source provision because of section 2 of the Act of February 8, 1993 (Public Law 103–4, 107 Stat. 30).

In subsection (f), the reference to "this subsection" is translated as "this section" to correct an apparent error in the source provision being restated.

Editorial Notes

References in Text

Section 3(b)(1) of the Judiciary Office Building Development Act, referred to in subsec. (a)(1), is section 3(b)(1) of Pub. L. 100–480, Oct. 7, 1988, 102 Stat. 2330, which was classified to section 1202(b)(1) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
40 U.S.C. § 3505 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 35 / Section 3505: Forgiveness of outstanding advances
Forgiveness of outstanding advances
Status: in_force

In accordance with accounting and other procedures the Secretary of Housing and Urban Development prescribes, each advance made by the Secretary under this chapter that had any principal amount outstanding on February 5, 1988, was forgiven. The terms and conditions of any contract, or any amendment to a contract, for that advance with respect to any promise to repay the advance were canceled.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)

Historical and Revision Notes

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

3505 
40:462(g). 
Aug. 2, 1954, ch. 649, title VII, §702(g), as added Pub. L. 87–658, §6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100–242, title V, §524(2), Feb. 5, 1988, 101 Stat. 1939.
40 U.S.C. § 1308 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1308: Disposition of unfit horses and mules
Disposition of unfit horses and mules
Status: in_force

Subject to applicable regulations under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, horses and mules belonging to the Federal Government that have become unfit for service may be destroyed or put out to pasture, either on pastures belonging to the Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for the horses and mules during the remainder of their natural lives, at no cost to the Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137; Pub. L. 111–350, §5(l)(13), Jan. 4, 2011, 124 Stat. 3852.)

Historical and Revision Notes

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

1308 
40:311b. 
June 15, 1938, ch. 400, 52 Stat. 693; June 3, 1939, ch. 176, 53 Stat. 808; Oct. 31, 1951, ch. 654, §2(24), 65 Stat. 707.

The words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the word "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title.

Editorial Notes

Amendments

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.)".
40 U.S.C. § 6102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter I / Section 6102: Regulations
Regulations
Status: in_force

(a) Authority of the Marshal.—In addition to the restrictions and requirements specified in subchapter IV, the Marshal of the Supreme Court may prescribe regulations, approved by the Chief Justice of the United States, that are necessary for—

(1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and

(2) the maintenance of suitable order and decorum within the Building and grounds.

(b) Posting Requirement.—All regulations prescribed under this section shall be posted in a public place at the Building and shall be made reasonably available to the public in writing.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180.)

Historical and Revision Notes

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

6102 
40:13l. 
Aug. 18, 1949, ch. 479, §7, 63 Stat. 617; Pub. L. 97–390, §1(b), Dec. 29, 1982, 96 Stat. 1957.

In subsection (a), before clause (1), the word "are" is substituted for "may be deemed" for clarity. In clause (1), the word "individuals" is substituted for "persons" for clarity.
40 U.S.C. § 3701 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 37 / Section 3701: Definition and application
Definition and application
Status: in_force

(a) Definition.—In this chapter, the term "Federal Government" has the same meaning that the term "United States" had in the Contract Work Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).

(b) Application.—

(1) Contracts.—This chapter applies to—

(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and

(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—

(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;

(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or

(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.

(2) Laborers and mechanics.—This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract—

(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but

(B) not including an employee employed as a seaman.

(3) Exceptions.—

(A) This chapter.—This chapter does not apply to—

(i) a contract for—

(I) transportation by land, air, or water;

(II) the transmission of intelligence; or

(III) the purchase of supplies or materials or articles ordinarily available in the open market;

(ii) any work required to be done in accordance with the provisions of chapter 65 of title 41; and

(iii) a contract in an amount that is not greater than $100,000.

(B) Section 3702.—Section 3702 of this title does not apply to work where the assistance described in paragraph (1)(B)(iii) from the Government or an agency or instrumentality is only a loan guarantee or insurance.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)

Historical and Revision Notes

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

3701(a) 
(no source).

3701(b)(1) 
40:329(a) (1st sentence less proviso). 
Pub. L. 87–581, title I, §103(a), (b), Aug. 13, 1962, 76 Stat. 358.

3701(b)(2) 
40:329(a) (last sentence).

3701(b)(3) (A)(i), (ii) 
40:329(b).

3701(b)(3) (A)(iii) 
40:329(c). 
Pub. L. 87–581, title I, §103(c), as added Pub. L. 103–355, title IV, §4104(c)(1), Oct. 13, 1994, 108 Stat. 3342.

3701(b)(3)(B) 
40:329(a) (1st sentence proviso).

Subsection (a) is added for clarity.

In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary.

In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary.

In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act.

Editorial Notes

References in Text

The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, which was classified generally to subchapter II (§327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.

Amendments

2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted "chapter 65 of title 41" for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)".

2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text.
40 U.S.C. § 903 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 9 / Section 903: Acquisition and use
Acquisition and use
Status: in_force

(a) Notice to Local Government.—To the extent practicable, before making a commitment to acquire real property situated in an urban area, the Administrator of General Services shall give notice of the intended acquisition and the proposed use of the property to the unit of general local government exercising zoning and land use jurisdiction. If the Administrator determines that providing advance notice would adversely impact the acquisition, the Administrator shall give notice of the acquisition and the proposed use of the property immediately after the property is acquired.

(b) Objections to Acquisition or Change of Use.—In the acquisition or change of use of real property situated in an urban area as a site for public building, if the unit of general local government exercising zoning and land use jurisdiction objects on grounds that the proposed acquisition or change of use conflicts with zoning regulations or planning objectives, the Administrator shall, to the extent the Administrator determines is practicable, consider all the objections and comply with the zoning regulations and planning objectives.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)

Historical and Revision Notes

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

903 
40:533. 
June 30, 1949, ch. 288, title VIII, §804, as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105.

In subsection (b), the words "and conform to" are omitted as included in "comply with".
40 U.S.C. § 11313 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 113 / Subchapter II / Section 11313: Performance and results-based management
Performance and results-based management
Status: in_force

In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—

(1) establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of information technology;

(2) prepare an annual report, to be included in the executive agency's budget submission to Congress, on the progress in achieving the goals;

(3) ensure that performance measurements—

(A) are prescribed for information technology used by, or to be acquired for, the executive agency; and

(B) measure how well the information technology supports programs of the executive agency;

(4) where comparable processes and organizations in the public or private sectors exist, quantitatively benchmark agency process performance against those processes in terms of cost, speed, productivity, and quality of outputs and outcomes;

(5) analyze the missions of the executive agency and, based on the analysis, revise the executive agency's mission-related processes and administrative processes as appropriate before making significant investments in information technology to be used in support of the performance of those missions; and

(6) ensure that the information security policies, procedures, and practices of the executive agency are adequate.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)

Historical and Revision Notes

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

11313 
40:1423. 
Pub. L. 104–106, div. E, title LI, §5123, Feb. 10, 1996, 110 Stat. 683.
40 U.S.C. § 11521 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 115 / Subchapter II / Section 11521: Repealed. Pub. L. 107-347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938
Repealed. Pub. L. 107-347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938
Status: repealed

[§11521. Repealed. Pub. L. 107–347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to the share-in-savings pilot program.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 11504 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 115 / Subchapter I / Section 11504: Recommended legislation
Recommended legislation
Status: in_force

If the Director of the Office of Management and Budget determines that the results and findings under the pilot program under this chapter indicate that legislation is necessary or desirable to improve the process for acquisition of information technology, the Director shall transmit the Director's recommendations for that legislation to Congress.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(B)(iv), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(B)(iv), Dec. 17, 2002, 116 Stat. 2938.)

Historical and Revision Notes

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

11504 
40:1474. 
Pub. L. 104–106, div. E, title LIII, §5304, Feb. 10, 1996, 110 Stat. 692.

Editorial Notes

Amendments

2002—Pub. L. 107–314 and Pub. L. 107–347 amended section 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.
40 U.S.C. § 17309 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17309: Rules and regulations
Rules and regulations
Status: in_force

(a) General Authority.—With the approval of the President, the Secretary of the Treasury may prescribe regulations necessary to carry out the duties and powers vested in the Secretary under this chapter.

(b) Providing Information.—To carry out subsection (a), the Secretary may require a person making a shipment of valuables or a claim for replacement to make a declaration or to provide other information the Secretary considers necessary.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)

Historical and Revision Notes

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

17309(a) 
40:728 (words before 3d comma). 
July 8, 1937, ch. 444, §6, 50 Stat. 480.

17309(b) 
40:728 (words after 3d comma).

Executive Documents

Delegation of Functions

For delegation to Secretary of the Treasury of authority vested in President by section 728 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), see section 2(a) of Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9409, set out as a note under section 301 of Title 3, The President.
40 U.S.C. § 112 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter II / Section 112: Applicability of certain policies, procedures, and directives in effect on July 1, 1949
Applicability of certain policies, procedures, and directives in effect on July 1, 1949
Status: in_force

(a) In General.—A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority.

(b) Description.—A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by—

(1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949; 1

(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;

(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or

(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I 1 of the Federal Property and Administrative Services Act of 1949.

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

Historical and Revision Notes

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

112 
40:473. 
June 30, 1949, ch. 288, title VI, §601, formerly title V, §501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.

Editorial Notes

References in Text

The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in this chapter, chapters 3 to 11 of this title, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted this title, and Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. Provisions of former title I of act June 30, 1949, now appear in chapter 3 of this title relating to organization of General Services Administration. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 40, Public Buildings, Property, and Works, and former Title 41, Public Contracts, see Disposition Tables preceding section 101 of this title and section 101 of Title 41, respectively.

The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50, by act June 30, 1949, ch. 288, title VI, §602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by provisions of the 1949 act which were classified to chapter 10 (§471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title.

1 See References in Text note below.
40 U.S.C. § 602 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 602: Authority to establish motor vehicle pools and transportation systems
Authority to establish motor vehicle pools and transportation systems
Status: in_force

(a) In General.—Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall—

(1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies;

(2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and

(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.

(b) Methods of Providing Vehicles and Services.—As determined by the Administrator, motor vehicles and related services may be furnished by providing an agency with—

(1) Federal Government-owned motor vehicles;

(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or

(3) both.

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

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

Historical and Revision Notes

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

602 
40:491(b) (related to establishment). 
June 30, 1949, ch. 288, title II, §211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126.

Subsection (a)(1) is substituted for "in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies" for clarity and to eliminate unnecessary words.

In subsection (c), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
40 U.S.C. § 604 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 604: Treatment of assets taken over to establish motor vehicle pools and transportation systems
Treatment of assets taken over to establish motor vehicle pools and transportation systems
Status: in_force

(a) Reimbursement.—

(1) Requirement.—When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 602 of this title, reimbursement is required if the property is taken over from—

(A) a Government corporation; or

(B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law.

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

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

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

Historical and Revision Notes

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

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

604(b) 
40:491(h).

Editorial Notes

Amendments

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

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. § 6133 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter IV / Section 6133: Property in the Supreme Court Building and grounds
Property in the Supreme Court Building and grounds
Status: in_force

It is unlawful to step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Supreme Court Building or grounds.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)

Historical and Revision Notes

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

6133 
40:13i. 
Aug. 18, 1949, ch. 479, §4, 63 Stat. 617.

The word "fountain" conforms to the original text as signed into law by the President. A typographical error was made in printing the source law in the Statutes-at-Large (63 Stat. 617) where the word appears as "foundation".
40 U.S.C. § 17904 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 179 / Section 17904: Implementation powers and limitations
Implementation powers and limitations
Status: in_force

(a) Accommodation of Needs for Electric Energy.—This chapter does not require or authorize a federal agency to construct a new electric generating facility or related facility, to modify an existing facility, or to employ reserve or standby equipment to accommodate the needs of a non-federal person for electric energy.

(b) Availability of Revenue From Sales.—Revenue received by a federal agency pursuant to section 17902 of this title from the sale of electric energy generated from a facility of that agency is available to the agency without fiscal year limitation to purchase fuel and for operation, maintenance, and other costs associated with that facility.

(c) Exercise of Authorities.—The authority under this chapter shall be exercised for those periods and pursuant to terms and conditions that the head of the federal agency concerned decides are necessary consistent with—

(1) this chapter; and

(2) responsibilities of the head of the federal agency under other law.

(d) Negotiation and Execution of Contracts and Other Agreements.—A contract or other agreement executed under this chapter shall be negotiated and executed by the head of the federal agency selling or purchasing electric energy under this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)

Historical and Revision Notes

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

17904 
40:795c. 
Pub. L. 96–571, §5, Dec. 22, 1980, 94 Stat. 3342.

In subsection (a), the words "federal agency" are substituted for "department, agency, or instrumentality of the United States Government" because of the definition of "federal agency" in section 17901 of this title.

In subsection (d), the words "notwithstanding any other provision of law" are omitted as unnecessary.
40 U.S.C. § 14524 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter II / Section 14524: Program development criteria
Program development criteria
Status: in_force

(a) Factors To Be Considered.—In considering programs and projects to be given assistance under this subtitle, and in establishing a priority ranking of the requests for assistance presented to the Appalachian Regional Commission, the Commission shall follow procedures that will ensure consideration of—

(1) the relationship of the project or class of projects to overall regional development, including its location in a severely and persistently distressed county or area;

(2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area;

(3) the relative financial resources available to the State or political subdivisions or instrumentalities of the State that seek to undertake the project;

(4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts;

(5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project; and

(6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures may be evaluated.

(b) Limitation on Use.—Financial assistance made available under this subtitle shall not be used to assist establishments relocating from one area to another.

(c) Determination Required Before Amounts May Be Provided.—Amounts may be provided for programs and projects in a State under this subtitle only if the Commission determines that the level of federal and state financial assistance under other laws for the same type of programs or projects in that part of the State within the Appalachian region will not be diminished in order to substitute amounts authorized by this subtitle.

(d) Minimum Amount of Assistance to Distressed Counties and Areas.—For each fiscal year, not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas.

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

Historical and Revision Notes

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

14524(a) 
40 App.:224(a). 
Pub. L. 89–4, title II, §224(a), Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §119(a), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(a), (b), Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107–149, §§8(a), 13(g), Mar. 12, 2002, 116 Stat. 70, 72.

14524(b) 
40 App.:224(b). 
Pub. L. 89–4, title II, §224(b), Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, §119(b), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(c), Nov. 13, 1998, 112 Stat. 3623.

14524(c) 
40 App.:224(c). 
Pub. L. 89–4, title II, §224(c), as added Pub. L. 94–188, title I, §117, Dec. 31, 1975, 89 Stat. 1084.

14524(d) 
40 App.:224(d). 
Pub. L. 89–4, title II, §224(d), as added Pub. L. 107–149, §8(b), Mar. 12, 2002, 116 Stat. 70.
40 U.S.C. § 547 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 547: Agricultural commodities, foods, and cotton or woolen goods
Agricultural commodities, foods, and cotton or woolen goods
Status: in_force

(a) Policies.—The Administrator of General Services shall consult with the Secretary of Agriculture to formulate policies for the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen goods. The policies shall be formulated to prevent surplus agricultural commodities, or surplus foods processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities.

(b) Transfers to Department of Agriculture.—

(1) In general.—The Administrator shall transfer without charge to the Department of Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for disposal, when the Secretary determines that a transfer is necessary for the Secretary to carry out responsibilities for price support or stabilization.

(2) Deposit of receipts.—Receipts resulting from disposal by the Department under this subsection shall be deposited pursuant to any authority available to the Secretary. When applicable, however, net proceeds from the sale of surplus property transferred under this subsection shall be credited pursuant to section 572(a) of this title.

(3) Limitation of sales.—Surplus farm commodities transferred under this subsection may not be sold, other than for export, in quantities exceeding, or at prices less than, the applicable quantities and prices for sales of those commodities by the Commodity Credit Corporation.

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

Historical and Revision Notes

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

547(a) 
40:484(g). 
June 30, 1949, ch. 288, title II, §203(g), (h), 63 Stat. 386.

547(b) 
40:484(h).
40 U.S.C. § 15703 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter I / Section 15703: Counties eligible for assistance in more than one region
Counties eligible for assistance in more than one region
Status: in_force

(a) Limitation.—A political subdivision of a State may not receive assistance under this subtitle in a fiscal year from more than one Commission.

(b) Selection of Commission.—A political subdivision included in the region of more than one Commission shall select the Commission with which it will participate by notifying, in writing, the Federal Cochairperson and the appropriate State member of that Commission.

(c) Changes in Selections.—The selection of a Commission by a political subdivision shall apply in the fiscal year in which the selection is made, and shall apply in each subsequent fiscal year unless the political subdivision, at least 90 days before the first day of the fiscal year, notifies the Cochairpersons of another Commission in writing that the political subdivision will participate in that Commission and also transmits a copy of such notification to the Cochairpersons of the Commission in which the political subdivision is currently participating.

(d) Inclusion of Appalachian Regional Commission.—In this section, the term "Commission" includes the Appalachian Regional Commission established under chapter 143.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1480, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2242.)

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. § 6306 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 63 / Section 6306: Policing of buildings and grounds
Policing of buildings and grounds
Status: in_force

(a) Designation of Employees as Special Police.—Subject to section 5375 of title 5, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) may designate employees of their respective agencies as special police, without additional compensation, for duty in connection with the policing of their respective specified buildings and grounds.

(b) Powers.—The employees designated as special police under subsection (a)—

(1) may, within the specified buildings and grounds, enforce, and make arrests for violations of, sections 6302 and 6303 of this title, any regulation prescribed under section 6304 of this title, federal or state law, or any regulation prescribed under federal or state law; and

(2) may enforce concurrently with the United States Park Police the laws and regulations applicable to the National Capital Parks, and may make arrests for violations of sections 6302 and 6303 of this title, within the several areas located within the exterior boundaries of the face of the curb lines of the squares within which the specified buildings and grounds are located.

(c) Uniforms and Other Equipment.—The employees designated as special police under subsection (a) may be provided, without charge, with uniforms and other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition.

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

Historical and Revision Notes

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

6306(a) 
40:193n. 
Oct. 24, 1951, ch. 559, §1, 65 Stat. 634; Pub. L. 91–34, §2(c), June 30, 1969, 83 Stat. 41; Pub. L. 104–134, title I, §101(c) [title II, proviso in 1st par. under heading "John F. Kennedy Center for the Performing Arts"], Apr. 26, 1996, 110 Stat. 1321–193, renumbered as title I by Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

6306(b)(1) 
40:193t (words before 5th comma). 
Oct. 24, 1951, ch. 559, §7, 65 Stat. 635; Pub. L. 88–391, §2, Aug. 1, 1964, 78 Stat. 365.

6306(b)(2) 
40:193x. 
Oct. 24, 1951, ch. 559, §11, as added Pub. L. 88–391, §4, Aug. 1, 1964, 78 Stat. 366.

6306(c) 
40:193t (words after 5th comma).

In subsection (a), the words "section 5375 of title 5" are substituted for "section 5365 of title 5" because of section 801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public Law 95–454, 92 Stat. 1221), which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. The words "or their designees" are substituted for "or their authorized representatives" for consistency in the revised chapter.

In subsection (b)(2), the words "within which the specified buildings and grounds are located" are substituted for "within which the aforementioned buildings are located" for clarity.
40 U.S.C. § 6712 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter II / Section 6712: Powers of other agencies and instrumentalities in the development area
Powers of other agencies and instrumentalities in the development area
Status: in_force

This subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful powers in the development area consistent with the development plan described in section 5(a) of the Act (86 Stat. 1269) or the provisions and purposes of this subchapter and the Act. However, the agency or instrumentality shall not release, modify, or depart from any feature or detail of the development plan without the prior approval of the Administrator of General Services.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)

Historical and Revision Notes

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

6712 
40:876(a). 
Pub. L. 92–578, §7(a), Oct. 27, 1972, 86 Stat. 1272.

In this subchapter, the words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.

Editorial Notes

References in Text

The Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 5(a) of the Act was classified to section 874(a) of former Title 40 prior to repeal by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
40 U.S.C. § 17103 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 171 / Section 17103: Commercial standards for passenger safety devices
Commercial standards for passenger safety devices
Status: in_force

The Administrator of General Services shall prescribe and publish in the Federal Register commercial standards for passenger safety devices the Administrator requires under section 17102 of this title. Changes in the standards take effect one year and 90 days after the publication of the standards in the Federal Register.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1279.)

Historical and Revision Notes

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

17103 
40:701 note. 
Pub. L. 88–515, §§2, 4, Aug. 30, 1964, 78 Stat. 696.

 
40:702.

The first sentence of section 4 of the Act of August 30, 1964, and 40:702 (last sentence) are omitted as executed.
40 U.S.C. § 3707 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 37 / Section 3707: Contractor certification or contract clause in acquisition of commercial items not required
Contractor certification or contract clause in acquisition of commercial items not required
Status: in_force

In a contract to acquire a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 111–350, §5(l)(21), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, §836(g)(6), Aug. 13, 2018, 132 Stat. 1874.)

Historical and Revision Notes

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

3707 
40:334. 
Pub. L. 87–581, title I, §108, as added Pub. L. 103–355, title VIII, §8301(b), Oct. 13, 1994, 108 Stat. 3396.

Editorial Notes

Amendments

2018—Pub. L. 115–232 substituted "a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)" for "a commercial item (as defined in section 103 of title 41)".

2011—Pub. L. 111–350 substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
40 U.S.C. § 6131 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 61 / Subchapter IV / Section 6131: Public travel in Supreme Court grounds
Public travel in Supreme Court grounds
Status: in_force

Public travel in, and occupancy of, the Supreme Court grounds is restricted to the sidewalks and other paved surfaces.

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

Historical and Revision Notes

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

6131 
40:13g. 
Aug. 18, 1949, ch. 479, §2, 63 Stat. 616.
40 U.S.C. § 17705 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 177 / Section 17705: Approval of Federal Communications Commission
Approval of Federal Communications Commission
Status: in_force

A transfer under this chapter does not require the approval of the Federal Communications Commission except to the extent that the approval of the Commission is necessary under section 17704(3) of this title.

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

Historical and Revision Notes

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

17705 
40:784. 
Pub. L. 90–135, title I, §204, Nov. 14, 1967, 81 Stat. 443.
40 U.S.C. § 18102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 181 / Section 18102: Federal telecommunications system
Federal telecommunications system
Status: in_force

(a) Regulations To Ensure Accessibility.—The Administrator of General Services, after consultation with the Architectural and Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected federal agencies, shall prescribe regulations to ensure that the federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals, including federal employees, for communications with and within federal agencies.

(b) Federal Relay System.—The Administrator shall provide for the continuation of the existing federal relay system for users of TTY's.

(c) Directory.—The Administrator shall assemble, publish, and maintain a directory of TTY's and other devices used by federal agencies to comply with regulations prescribed under subsection (a).

(d) Publication of Access Numbers.—The Administrator shall publish access numbers of TTY's and such other devices in federal agency directories.

(e) Logo.—After consultation with the Board, the Administrator shall adopt the design of a standard logo to signify the presence of a TTY or other device used by a federal agency to comply with regulations prescribed under subsection (a).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)

Historical and Revision Notes

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

18102(a) 
40:762a(a). 
Pub. L. 100–542, §3, Oct. 28, 1988, 102 Stat. 2721.

18102(b) 
40:762a(b)(1).

18102(c), (d) 
40:762a(b)(2)–(5), (c).

18102(e) 
40:762a(b)(6).

In subsection (a), the words "prescribe regulations to ensure" are substituted for "by regulation, take such actions in accordance with this section as may be necessary to assure" to eliminate unnecessary words.

In subsection (c), the text of 40:762a(b)(2)–(4) and (c) is omitted as executed and obsolete. The words "In carrying out subsection (a) of this section" are omitted as unnecessary.
40 U.S.C. § 14701 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 147 / Section 14701: Applicable labor standards
Applicable labor standards
Status: in_force

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are financially assisted through federal amounts authorized under this subtitle shall be paid wages at rates not less than those prevailing on similar construction in the locality as the Secretary of Labor determines in accordance with sections 3141–3144, 3146, and 3147 of this title. With respect to those labor standards, the Secretary has the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278.)

Historical and Revision Notes

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

14701 
40 App.:402. 
Pub. L. 89–4, title IV, §402, Mar. 9, 1965, 79 Stat. 21.

The reference to 40:276(c) should be to 40:276c, restated as section 3145 of the revised title.

Editorial Notes

References in Text

Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
40 U.S.C. § 15502 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 155 / Section 15502: Comprehensive economic and infrastructure development plans
Comprehensive economic and infrastructure development plans
Status: in_force

(a) State Plans.—In accordance with policies established by a Commission, each State member of the Commission shall submit a comprehensive economic and infrastructure development plan for the area of the region represented by the State member.

(b) Content of Plan.—A State economic and infrastructure development plan shall reflect the goals, objectives, and priorities identified in any applicable economic and infrastructure development plan developed by a Commission under section 15303.

(c) Consultation With Interested Local Parties.—In carrying out the development planning process (including the selection of programs and projects for assistance), a State shall—

(1) consult with local development districts, local units of government, and local colleges and universities; and

(2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1).

(d) Public Participation.—

(1) In general.—A Commission and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this subtitle.

(2) Guidelines.—A Commission shall develop guidelines for providing public participation, including public hearings.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1476, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2238.)

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. § 6716 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 67 / Subchapter II / Section 6716: Reports
Reports
Status: in_force

(a) Reports to President and Congress.—The Administrator of General Services shall transmit comprehensive and detailed reports of the Administrator's operations, activities, and accomplishments under this subchapter to the President and Congress. The Administrator shall transmit a report to the President each January and to the President and Congress at other times that the Administrator considers desirable.

(b) Protection and Enhancement of Significant Historic and Architectural Values.—A report under subsection (a) shall include a detailed discussion of the actions the Administrator has taken in the reporting period to protect and enhance the significant historic and architectural values of structures within the boundaries of the Administrator's jurisdiction under this subchapter and shall indicate similar actions the Administrator plans to take and issues the Administrator anticipates dealing with during the upcoming fiscal year related to historic and architectural preservation. The report shall indicate the degree to which public concern has been considered and incorporated into decisions the Administrator made relative to historic and architectural preservation.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)

Historical and Revision Notes

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

6716(a) 
40:880(a). 
Pub. L. 92–578, §11(a), Oct. 27, 1972, 86 Stat. 1274; Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910.

 
40:880(b). 
Pub. L. 92–578, §11(b), (c), as added Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910.

6716(b) 
40:880(c).

In subsection (a), the text of 40:880(b) is omitted as obsolete. The requirement that a report be transmitted to Congress each January is eliminated pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 205 of House Document No. 103–7.
40 U.S.C. § 528 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 528: Utilization of excess furniture
Utilization of excess furniture
Status: in_force

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

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

Historical and Revision Notes

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

528 
40:483b. 
Aug. 7, 1953, ch. 340, §1316, 67 Stat. 439.

The words "Notwithstanding the provisions of any other law" are omitted as unnecessary. The words "may not use funds provided by law to purchase furniture" are substituted for "no funds shall be available in this or any other Act for the purchase of furniture" for clarity and to eliminate unnecessary words.
40 U.S.C. § 5107 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5107: Concerts on grounds
Concerts on grounds
Status: in_force

Sections 5102, 5103, 5104(b)–(f), 5105, 5106, and 5109 of this title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service of the Federal Government from giving concerts in the United States Capitol Grounds at times which will not interfere with Congress and as authorized by the Architect of the Capitol.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178; Pub. L. 108–178, §3(2), Dec. 15, 2003, 117 Stat. 2640.)

Historical and Revision Notes

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

5107 
40:193l. 
July 31, 1946, ch. 707, §13, 60 Stat. 720.

Editorial Notes

References in Text

Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, and 1922, respectively, of Title 2, The Congress.

Amendments

2003—Pub. L. 108–178 substituted "5105, 5106" for "5105, 5105".

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
40 U.S.C. § 8144 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter III / Section 8144: Delivery of fuel for use during ensuing fiscal year
Delivery of fuel for use during ensuing fiscal year
Status: in_force

During April, May, and June of each year, the Administrator of General Services may deliver to all branches of the Federal Government and the government of the District of Columbia as much fuel for their use during the following fiscal year as may be practicable to store at the points of consumption. The branches of the Federal Government and the government of the District of Columbia shall pay for the fuel from their applicable appropriations for that fiscal year.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)

Historical and Revision Notes

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

8144 
40:113. 
June 5, 1920, ch. 235 (2d complete par. on p. 913), 41 Stat. 913.

The words "the months of" are omitted as unnecessary. The words "Administrator of General Services" are substituted for "Secretary of the Interior" [subsequently changed to ["]Secretary of the Treasury" because of Executive Order No. 4239 (eff. July 1, 1925) and section 1 of Executive Order No. 6166 (eff. June 10, 1933)] because of sections 109(a) and 201(a)(2) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 382, 384), restated as sections 321(b)(1) and 501(d) of the revised title. The word "Government" is substituted for "service" for clarity and for consistency in the revised title and with other titles of the United States Code. The word "municipal" is omitted as unnecessary.
40 U.S.C. § 5106 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5106: Suspension of prohibitions
Suspension of prohibitions
Status: in_force

(a) Authority To Suspend.—To allow the observance in the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives concurrently may suspend any of the prohibitions contained in sections 5103 and 5104 of this title that would prevent the use of the roads and walks within the Grounds by processions or assemblages, and the use in the Grounds of suitable decorations, music, addresses, and ceremonies, if responsible officers have been appointed and the President and the Speaker determine that adequate arrangements have been made to maintain suitable order and decorum in the proceedings and to guard the United States Capitol and its grounds from injury.

(b) Power To Suspend Prohibitions in Absence of President or Speaker.—If either the President or Speaker is absent from the District of Columbia, the authority to suspend devolves on the other officer. If both officers are absent, the authority devolves on the Capitol Police Board.

(c) Authority of Mayor To Permit Use of Louisiana Avenue.—Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol Police Board may grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 5104(f).

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

Historical and Revision Notes

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

5106(a) 
40:193j. 
July 31, 1946, ch. 707, §§11, 12, 60 Stat. 719.

5106(b) 
40:193k (words before proviso).

5106(c) 
40:193k (proviso).

In subsection (b), the words "District of Columbia" are substituted for "Washington" for clarity and consistency.

In subsection (c), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
40 U.S.C. § 17508 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17508: Compliance
Compliance
Status: in_force

(a) Administrator of General Services.—The Administrator of General Services shall comply with and be subject to this chapter with regard to all motor vehicles that are used within the General Services Administration for official purposes.

(b) Managers of Other Motor Pools.—This chapter with respect to motor vehicles from the Interagency Fleet Management System shall be complied with by the executive agencies to which such motor vehicles are assigned.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)

Historical and Revision Notes

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

17508 
40:909. 
Pub. L. 99–272, title XV, §15309, Apr. 7, 1986, 100 Stat. 338.
40 U.S.C. § 14302 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14302: Decisions
Decisions
Status: in_force

(a) Requirements for Approval.—Except as provided in section 14306(d) of this title, decisions by the Appalachian Regional Commission require the affirmative vote of the Federal Cochairman and of a majority of the state members, exclusive of members representing States delinquent under section 14306(d).

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

(c) Decisions Requiring Quorum of State Members.—A decision involving Commission policy, approval of state, regional or subregional development plans or strategy statements, modification or revision of the Appalachian Regional Commission Code, allocation of amounts among the States, or designation of a distressed county or an economically strong county shall not be made without a quorum of state members.

(d) Project and Grant Proposals.—The approval of project and grant proposals is a responsibility of the Commission and shall be carried out in accordance with section 14322 of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1257.)

Historical and Revision Notes

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

14302 
40 App.:101(b). 
Pub. L. 89–4, title I, §101(b), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §103(3), Dec. 31, 1975, 89 Stat. 1080; Pub. L. 105–393, title II, §203(c), Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107–149, §13(a), Mar. 12, 2002, 116 Stat. 71.
40 U.S.C. § 522 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter II / Section 522: Reimbursement for transfer of excess property
Reimbursement for transfer of excess property
Status: in_force

(a) In General.—Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of excess property.

(b) Reimbursement at Fair Value.—The amount of reimbursement required for a transfer of excess property is the fair value of the property, as determined by the Administrator, if—

(1) net proceeds are requested under section 574(a) of this title; or

(2) either the transferor or the transferee agency (or the organizational unit affected) is—

(A) subject to chapter 91 of title 31; or

(B) an organization specified in section 321(c)(2) of this title.

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

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

Historical and Revision Notes

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

522 
40:483(a)(1) (last sentence). 
June 30, 1949, ch. 288, title II, §202(a)(1) (last sentence), 63 Stat. 384; July 12, 1952, ch. 703, §1(f), 66 Stat. 593.

In subsection (a), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.

In subsection (b)(1), the reference to "section 204(b)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051).

In subsection (b)(2)(A), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.

In subsection (c), the word "at" is substituted for "as" (in the phrase "as [sic] prices set by the Administrator") to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123).

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–284, §6(1), struck out "of this section" after "subsections (b) and (c)".

Subsec. (b). Pub. L. 109–284, §6(2), substituted "at" for "At" in heading.
40 U.S.C. § 3303 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3303: Continuing investigation and survey of public buildings
Continuing investigation and survey of public buildings
Status: in_force

(a) Conducted by Administrator.—The Administrator of General Services shall—

(1) make a continuing investigation and survey of the public buildings needs of the Federal Government so that the Administrator may carry out the duties of the Administrator under this chapter; and

(2) submit to Congress prospectuses of proposed projects in accordance with section 3307(a) and (b) of this title.

(b) Cooperation with Federal Agencies.—

(1) Duties of administrator.—In carrying out the duties of the Administrator under this chapter, the Administrator—

(A) shall cooperate with all federal agencies in order to keep informed of their needs;

(B) shall advise each federal agency of the program with respect to the agency; and

(C) may request the cooperation and assistance of each federal agency in carrying out duties under this chapter.

(2) Duty of federal agencies.—Each federal agency shall cooperate with, advise, and assist the Administrator in carrying out the duties of the Administrator under this chapter as determined necessary by the Administrator to carry out the purposes of this chapter.

(c) Request for Identification of Existing Buildings of Historical, Architectural, or Cultural Significance.—When the Administrator undertakes a survey of the public buildings needs of the Government within a geographical area, the Administrator shall request that, within 60 days, the Advisory Council on Historic Preservation established by section 304101 of title 54 identify any existing buildings in the geographical area that—

(1) are of historical, architectural, or cultural significance (as defined in section 3306(a) of this title); and

(2) whether or not in need of repair, alteration, or addition, would be suitable for acquisition to meet the public buildings needs of the Government.

(d) Standard for Construction and Acquisition of Public Buildings.—In carrying out the duties of the Administrator under this chapter, the Administrator shall provide for the construction and acquisition of public buildings equitably throughout the United States with due regard to the comparative urgency of the need for each particular building. In developing plans for new buildings, the Administrator shall give due consideration to excellence of architecture and design.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 113–287, §5(j)(5), Dec. 19, 2014, 128 Stat. 3269.)

Historical and Revision Notes

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

3303(a) 
40:611(a). 
Pub. L. 86–249, §12(a), (b), (d), Sept. 9, 1959, 73 Stat. 482; Pub. L. 92–313, §2(2), (3), June 16, 1972, 86 Stat. 216; Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506.

3303(b) 
40:611(b).

3303(c) 
40:611(c). 
Pub. L. 86–249, §12(c), as added Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506.

3303(d) 
40:611(d).

In subsection (c)(1), the word "historical" is substituted for "historic" to conform to the defined term.

In subsection (c)(2), the word "purchase" is omitted as being included in ["]'acquisition".

Editorial Notes

Amendments

2014—Subsec. (c). Pub. L. 113–287 substituted "section 304101 of title 54" for "title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)" in introductory provisions.