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[107th Congress Public Law 217]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ217.107]

[[Page 1061]]

                                     

                                     

CODIFYING TITLE 40, UNITED STATES CODE--PUBLIC BUILDINGS, PROPERTY, AND 
                                  WORKS

[[Page 116 STAT. 1062]]

Public Law 107-217
107th Congress

                                 An Act

 
To revise, codify, and enact without substantive change certain general 
and permanent laws, related to public buildings, property, and works, as 
  title <<NOTE: Aug. 21, 2002 -  [H.R. 2068]>> 40, United States Code, 
               ``Public Buildings, Property, and Works''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 40 USC note prec. 101.>> TITLE 40, UNITED STATES 
            CODE.

  Certain general and permanent laws of the United States, related to 
public buildings, property, and works, are revised, codified, and 
enacted as title 40, United States Code, ``Public Buildings, Property, 
and Works'', as follows:

             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

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

        SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

Chapter                                                             Sec.
            GENERAL                                                  101
            ORGANIZATION OF GENERAL SERVICES ADMINISTRATION          301
            PROPERTY MANAGEMENT                                      501
            FOREIGN EXCESS PROPERTY                                  701
            URBAN LAND USE                                           901
            SELECTION OF ARCHITECTS AND ENGINEERS                   1101
            PUBLIC PROPERTY                                         1301

                           CHAPTER 1--GENERAL

                  SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec.
101.  Purpose.
102.  Definitions.

                          SUBCHAPTER II--SCOPE

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

[[Page 116 STAT. 1063]]

               SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

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

                  SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec. 101. Purpose

  The purpose of this subtitle is to provide the Federal Government with 
an economical and efficient system for the following activities:
          (1) Procuring and supplying property and nonpersonal services, 
        and performing related functions including contracting, 
        inspection, storage, issue, setting specifications, 
        identification and classification, transportation and traffic 
        management, establishment of pools or systems for transportation 
        of Government personnel and property by motor vehicle within 
        specific areas, management of public utility services, repairing 
        and converting, establishment of inventory levels, establishment 
        of forms and procedures, and representation before federal and 
        state regulatory bodies.
          (2) Using available property.
          (3) Disposing of surplus property.
          (4) Records management.

Sec. 102. Definitions

  The following definitions apply in chapters 1 through 7 of this title 
and in title III of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 251 et seq.):
          (1) Care and handling.--The term ``care and handling'' 
        includes--
                  (A) completing, repairing, converting, rehabilitating, 
                operating, preserving, protecting, insuring, packing, 
                storing, handling, conserving, and transporting excess 
                and surplus property; and
                  (B) rendering innocuous, or destroying, property that 
                is dangerous to public health or safety.
          (2) Contractor inventory.--The term ``contractor inventory'' 
        means--
                  (A) property, in excess of amounts needed to complete 
                full performance, that is acquired by and in possession 
                of a contractor or subcontractor under a contract 
                pursuant to which title is vested in the Federal 
                Government; and
                  (B) property that the Government is obligated or has 
                the option to take over, under any type of contract, as 
                a result of changes in specifications or plans under the 
                contract, or as a result of termination of the contract 
                (or a subcontract), prior to completion of the work, for 
                the convenience or at the option of the Government.
          (3) Excess property.--The term ``excess property'' means 
        property under the control of a federal agency that the head of 
        the agency determines is not required to meet the agency's needs 
        or responsibilities.
          (4) Executive agency.--The term ``executive agency'' means--

[[Page 116 STAT. 1064]]

                  (A) an executive department or independent 
                establishment in the executive branch of the Government; 
                and
                  (B) a wholly owned Government corporation.
          (5) Federal agency.--The term ``federal agency'' means an 
        executive agency or an establishment in the legislative or 
        judicial branch of the Government (except the Senate, the House 
        of Representatives, and the Architect of the Capitol, and any 
        activities under the direction of the Architect of the Capitol).
          (6) Foreign excess property.--The term ``foreign excess 
        property'' means excess property that is not located in the 
        States of the United States, the District of Columbia, Puerto 
        Rico, American Samoa, Guam, the Northern Mariana Islands, the 
        Federated States of Micronesia, the Marshall Islands, Palau, and 
        the Virgin Islands.
          (7) Motor vehicle.--The term ``motor vehicle'' means any 
        vehicle, self-propelled or drawn by mechanical power, designed 
        and operated principally for highway transportation of property 
        or passengers, excluding--
                  (A) a vehicle designed or used for military field 
                training, combat, or tactical purposes, or used 
                principally within the confines of a regularly 
                established military post, camp, or depot; and
                  (B) a vehicle regularly used by an agency to perform 
                investigative, law enforcement, or intelligence duties, 
                if the head of the agency determines that exclusive 
                control of the vehicle is essential for effective 
                performance of duties.
          (8) Nonpersonal services.--The term ``nonpersonal services'' 
        means contractual services designated by the Administrator of 
        General Services, other than personal and professional services.
          (9) Property.--The term ``property'' means any interest in 
        property except--
                  (A)(i) the public domain;
                  (ii) land reserved or dedicated for national forest or 
                national park purposes;
                  (iii) minerals in land or portions of land withdrawn 
                or reserved from the public domain which the Secretary 
                of the Interior determines are suitable for disposition 
                under the public land mining and mineral leasing laws; 
                and
                  (iv) land withdrawn or reserved from the public domain 
                except land or portions of land so withdrawn or reserved 
                which the Secretary, with the concurrence of the 
                Administrator, determines are not suitable for return to 
                the public domain for disposition under the general 
                public land laws because the lands are substantially 
                changed in character by improvements or otherwise;
                  (B) naval vessels that are battleships, cruisers, 
                aircraft carriers, destroyers, or submarines; and
                  (C) records of the Government.
          (10) Surplus property.--The term ``surplus property'' means 
        excess property that the Administrator determines is not 
        required to meet the needs or responsibilities of all federal 
        agencies.

[[Page 116 STAT. 1065]]

                          SUBCHAPTER II--SCOPE

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

  In the following provisions, the words ``this subtitle'' are deemed to 
refer also to title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.):
          (1) Section 101 of this title.
          (2) Section 112(a) of this title.
          (3) Section 113 of this title.
          (4) Section 121(a) of this title.
          (5) Section 121(c)(1) of this title.
          (6) Section 121(c)(2) of this title.
          (7) Section 121(d)(1) and (2) of this title.
          (8) Section 121(e)(1) of this title.
          (9) Section 121(f) of this title.
          (10) Section 121(g) of this title.
          (11) Section 122(a) of this title.
          (12) Section 123(a) of this title.
          (13) Section 123(c) of this title.
          (14) Section 124 of this title.
          (15) Section 126 of this title.
          (16) Section 311(c) of this title.
          (17) Section 313(a) of this title.
          (18) Section 528 of this title.
          (19) Section 541 of this title.
          (20) Section 549(e)(3)(H)(i)(II) of this title.
          (21) Section 557 of this title.
          (22) Section 558(a) of this title.
          (23) Section 559(f) of this title.
          (24) Section 571(b) of this title.
          (25) Section 572(a)(2)(A) of this title.
          (26) Section 572(b)(4) of this title.

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

  (a) In General.--A policy, procedure, or directive described in 
subsection (b) remains in effect until superseded or amended under this 
subtitle or other appropriate authority.
  (b) Description.--A policy, procedure, or directive referred to in 
subsection (a) is one that was in effect on July 1, 1949, and that was 
prescribed by--
          (1) the Director of the Bureau of Federal Supply or the 
        Secretary of the Treasury and that related to a function 
        transferred to or vested in the Administrator of General 
        Services on June 30, 1949, by the Federal Property and 
        Administrative Services Act of 1949;
          (2) an officer of the Federal Government under authority of 
        the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or 
        other authority related to surplus property or foreign excess 
        property;
          (3) the Federal Works Administrator or the head of a 
        constituent agency of the Federal Works Agency; or
          (4) the Archivist of the United States or another officer or 
        body whose functions were transferred on June 30, 1949, by title 
        I of the Federal Property and Administrative Services Act of 
        1949.

[[Page 116 STAT. 1066]]

Sec. 113. Limitations

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

[[Page 116 STAT. 1067]]

                  (B) the Farmers Home Administration Act of 1946 (ch. 
                964, 60 Stat. 1062);
                  (C) section 32 of the Act of August 24, 1935 (7 U.S.C. 
                612c), with respect to the exportation and domestic 
                consumption of agricultural products;
                  (D) section 201 of the Agricultural Adjustment Act of 
                1938 (7 U.S.C. 1291); or
                  (E) section 203(j) of the Agricultural Marketing Act 
                of 1946 (7 U.S.C. 1622(j));
          (9) an official or entity under the Farm Credit Act of 1971 
        (12 U.S.C. 2001 et seq.), with respect to the acquisition or 
        disposal of property;
          (10) the Secretary of Housing and Urban Development or the 
        Federal Deposit Insurance Corporation (or an officer of the 
        Corporation) with respect to the disposal of--
                  (A) residential property; or
                  (B) other property--
                        (i) acquired or held as part of, or in 
                      connection with, residential property; or
                        (ii) held in connection with the insurance of 
                      mortgages, loans, or savings association accounts 
                      under the National Housing Act (12 U.S.C. 1701 et 
                      seq.), the Federal Deposit Insurance Act (12 
                      U.S.C. 1811 et seq.), or any other law;
          (11) the Tennessee Valley Authority with respect to 
        nonpersonal services, with respect to section 501(c) of this 
        title, and with respect to property acquired in connection with 
        a program of processing, manufacture, production, or force 
        account construction, but the Authority shall, to the maximum 
        extent it considers practicable, consistent with the purposes of 
        its program and the effective, efficient conduct of its 
        business, coordinate its operations with the requirements of 
        this subtitle and with policies and regulations prescribed under 
        this subtitle;
          (12) the Secretary of Energy with respect to atomic energy;
          (13) the Secretary of Transportation or the Secretary of 
        Commerce with respect to the disposal of airport property and 
        airway property (as those terms are defined in section 47301 of 
        title 49) for use as such property;
          (14) the United States Postal Service;
          (15) the Maritime Administration with respect to the 
        acquisition, procurement, operation, maintenance, preservation, 
        sale, lease, charter, construction, reconstruction, or 
        reconditioning (including outfitting and equipping incidental to 
        construction, reconstruction, or reconditioning) of a merchant 
        vessel or shipyard, ship site, terminal, pier, dock, warehouse, 
        or other installation necessary or appropriate for carrying out 
        a program of the Administration authorized by law or 
        nonadministrative activities incidental to a program of the 
        Administration authorized by law, but the Administration shall, 
        to the maximum extent it considers practicable, consistent with 
        the purposes of its programs and the effective, efficient 
        conduct of its activities, coordinate its operations with the 
        requirements of this subtitle and with policies and regulations 
        prescribed under this subtitle;
          (16) the Central Intelligence Agency;
          (17) the Joint Committee on Printing, under title 44 or any 
        other law;

[[Page 116 STAT. 1068]]

          (18) the Secretary of the Interior with respect to procurement 
        for program operations under the Bonneville Project Act of 1937 
        (16 U.S.C. 832 et seq.); or
          (19) the Secretary of State with respect to the furnishing of 
        facilities in foreign countries and reception centers within the 
        United States.

               SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 121. Administrative

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

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

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

[[Page 116 STAT. 1069]]

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

  (e) Assignment of Functions by Administrator.--
          (1) In general.--The Administrator may provide for the 
        performance of a function assigned under this subtitle by any of 
        the following methods:
                  (A) The Administrator may direct the Administration to 
                perform the function.
                  (B) The Administrator may designate or establish a 
                component of the Administration and direct the component 
                to perform the function.
                  (C) The Administrator may transfer the function from 
                one component of the Administration to another.
                  (D) The Administrator may direct an executive agency 
                to perform the function for itself, with the consent of 
                the agency or by direction of the President.
                  (E) The Administrator may direct one executive agency 
                to perform the function for another executive agency, 
                with the consent of the agencies concerned or by 
                direction of the President.
                  (F) The Administrator may provide for performance of a 
                function by a combination of the methods described in 
                this paragraph.
          (2) Transfer of resources.--
                  (A) Within administration.--If the Administrator 
                transfers a function from one component of the 
                Administration to another, the Administrator may also 
                provide for the transfer of appropriate allocated 
                amounts from the component that previously carried out 
                the function to the component being directed to carry 
                out the function. A transfer under this subparagraph 
                must be reported to the Director of the Office of 
                Management and Budget.
                  (B) Between agencies.--If the Administrator transfers 
                a function from one executive agency to another 
                (including a transfer to or from the Administration), 
                the Administrator may also provide for the transfer of 
                appropriate personnel, records, property, and allocated 
                amounts from the executive agency that previously 
                carried out the function to the executive agency being 
                directed to carry out the function. A transfer under 
                this subparagraph is subject to approval by the 
                Director.

  (f) Advisory Committees.--The Administrator may establish advisory 
committees to provide advice on any function of the Administrator under 
this
subtitle. Members of the advisory committees shall serve without 
compensation but are entitled to transportation and not more than $25 a 
day instead of expenses under section 5703 of title 5.

  (g) Consultation With Federal Agencies.--The Administrator shall 
advise and consult with interested federal agencies and seek

[[Page 116 STAT. 1070]]

their advice and assistance to accomplish the purposes of this subtitle.
  (h) Administering Oaths.--In carrying out investigative duties, an 
officer or employee of the Administration, if authorized by the 
Administrator, may administer an oath to an individual.

Sec. 122. Prohibition on sex discrimination

  (a) Prohibition.--With respect to a program or activity carried on or 
receiving federal assistance under this subtitle, an individual may not 
be excluded from participation, denied benefits, or otherwise 
discriminated against based on sex.
  (b) Enforcement.--Subsection (a) shall be enforced through agency 
provisions and rules similar to those already established with respect 
to racial and other discrimination under title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not 
exclusive and does not prejudice or remove any other legal remedies 
available to an individual alleging discrimination.

Sec. 123. Civil remedies for fraud

  (a) In General.--In connection with the procurement, transfer or 
disposition of property under this subtitle, a person that uses or 
causes to be used, or enters into an agreement, combination, or 
conspiracy to use or cause to be used, a fraudulent trick, scheme, or 
device for the purpose of obtaining or aiding to obtain, for any person, 
money, property, or other benefit from the Federal Government--
          (1) shall pay to the Government an amount equal to the sum 
        of--
                  (A) $2,000 for each act;
                  (B) two times the amount of damages sustained by the 
                Government because of each act; and
                  (C) the cost of suit;
          (2) if the Government elects, shall pay to the Government, as 
        liquidated damages, an amount equal to two times the 
        consideration that the Government agreed to give to the person, 
        or that the person agreed to give to the Government; or
          (3) if the Government elects, shall restore to the Government 
        the money or property fraudulently obtained, with the Government 
        retaining as liquidated damages, the money, property, or other 
        consideration given to the Government.

  (b) Additional Remedies and Criminal Penalties.--The civil remedies 
provided in this section are in addition to all other civil remedies and 
criminal penalties provided by law.
  (c) Immunity of Government Officials.--An officer or employee of the 
Government is not liable (except for an individual's own fraud) or 
accountable for collection of a purchase price that is determined to be 
uncollectible by the federal agency responsible for property if the 
property is transferred or disposed of in accordance with this subtitle 
and with regulations prescribed under this subtitle.
  (d) Jurisdiction and Venue.--
          (1) Definition.--In this subsection, the term ``district 
        court'' means a district court of the United States or a 
        district court of a territory or possession of the United 
        States.
          (2) In general.--A district court has original jurisdiction of 
        an action arising under this section, and venue is proper,

[[Page 116 STAT. 1071]]

        if at least one defendant resides or may be found in the court's 
        judicial district. Jurisdiction and venue are determined without 
        regard to the place where acts were committed.
          (3) Additional defendant outside judicial district.--A 
        defendant that does not reside and may not be found in the 
        court's judicial district may be brought in by order of the 
        court, to be served personally, by publication, or in another 
        reasonable manner directed by the court.

Sec. 124. Agency use of amounts for property management

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

Sec. 125. Library memberships

  Amounts appropriated may be used, when authorized by the Administrator 
of General Services, for payment in advance for library memberships in 
societies whose publications are available to members only, or to 
members at a lower price than that charged to the general public.

Sec. 126. Reports to Congress

  The Administrator of General Services, at times the Administrator 
considers desirable, shall submit a report to Congress on the 
administration of this subtitle. The report shall include any 
recommendation for amendment of this subtitle that the Administrator 
considers appropriate and shall identify any law that is obsolete 
because of the enactment or operation of this subtitle.

       CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION

                          SUBCHAPTER I--GENERAL

Sec.
301.  Establishment.
302.  Administrator and Deputy Administrator.
303.  Functions.
304.  Federal information centers.

                      SUBCHAPTER II--ADMINISTRATIVE

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

                          SUBCHAPTER III--FUNDS

321.  General Supply Fund.
322.  Information Technology Fund.
323.  Consumer Information Center Fund.

                          SUBCHAPTER I--GENERAL

Sec. 301. Establishment

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

[[Page 116 STAT. 1072]]

Sec. 302. Administrator and Deputy Administrator

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

Sec. 303. Functions

  (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.

Sec. 304. Federal information centers

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

                      SUBCHAPTER II--ADMINISTRATIVE

Sec. 311. Personnel

  (a) Appointment and Compensation.--The Administrator of General 
Services, subject to chapters 33 and 51 and subchapter III of chapter 53 
of title 5, may appoint and fix the compensation of personnel necessary 
to carry out chapters 1, 3, and 5 of this title and title III of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.).
  (b) Temporary Employment.--The Administrator may procure the temporary 
or intermittent services of experts or consultants

[[Page 116 STAT. 1073]]

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

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

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

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

Sec. 313. Tests of materials

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

[[Page 116 STAT. 1074]]

          (2) aid in the development of specifications and standards.

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

                          SUBCHAPTER III--FUNDS

Sec. 321. General Supply Fund

  (a) Existence.--The General Supply Fund is a special fund in the 
Treasury.
  (b) Composition.--
          (1) In general.--The Fund is composed of amounts appropriated 
        to the Fund and the value, as determined by the Administrator of 
        General Services, of personal property transferred from 
        executive agencies to the Administrator under section 501(d) of 
        this title to the extent that payment is not made or credit 
        allowed for the property.
          (2) Other credits.--
                  (A) In general.--The Fund shall be credited with all 
                reimbursements, advances, and refunds or recoveries 
                relating to personal property or services procured 
                through the Fund, including--
                        (i) the net proceeds of disposal of surplus 
                      personal property; and
                        (ii) receipts from carriers and others for loss 
                      of, or damage to, personal property.
                  (B) Reappropriation.--Amounts credited under this 
                paragraph are reappropriated for the purposes of the 
                Fund.
          (3) Deposit of fees.--Fees collected by the Administrator 
        under section 313 of this title may be deposited in the Fund to 
        be used for the purposes of the Fund.

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

[[Page 116 STAT. 1075]]

                  (B) paying the purchase price, cost of transportation 
                of personal property and services, and cost of personal 
                services employed directly in the repair, 
                rehabilitation, and conversion of personal property; and
                  (C) paying other direct costs of, and indirect costs 
                that are reasonably related to, contracting, 
                procurement, inspection, storage, management, 
                distribution, and accountability of property and 
                nonpersonal services provided by the General Services 
                Administration or by special order through the 
                Administration.
          (2) Other uses.--The Fund may be used for the procurement of 
        personal property and nonpersonal services authorized to be 
        acquired by--
                  (A) mixed-ownership Government corporations;
                  (B) the municipal government of the District of 
                Columbia; or
                  (C) a requisitioning non-federal agency when the 
                function of a federal agency authorized to procure for 
                it is transferred to the Administration.

  (d) Payment for Property and Services.--
          (1) In general.--For property or services procured through the 
        Fund for requisitioning agencies, the agencies shall pay prices 
        the Administrator fixes under this subsection.
          (2) Prices fixed by administrator.--The Administrator shall 
        fix prices at levels sufficient to recover--
                  (A) so far as practicable--
                        (i) the purchase price;
                        (ii) the transportation cost;
                        (iii) inventory losses;
                        (iv) the cost of personal services employed 
                      directly in the repair, rehabilitation, and 
                      conversion of personal property; and
                        (v) the cost of amortization and repair of 
                      equipment used for lease or rent to executive 
                      agencies; and
                  (B) properly allocable costs payable by the Fund under 
                subsection (c)(1)(C).
          (3) Timing of payments.--
                  (A) Payment in advance.--A requisitioning agency shall 
                pay in advance when the Administrator determines that 
                there is insufficient capital otherwise available in the 
                Fund. Payment in advance may also be made under an 
                agreement between a requisitioning agency and the 
                Administrator.
                  (B) Prompt reimbursement.--If payment is not made in 
                advance, the Administration shall be reimbursed promptly 
                out of amounts of the requisitioning agency in 
                accordance with accounting procedures approved by the 
                Comptroller General.
                  (C) Failure to make prompt reimbursement.--The 
                Administrator may obtain reimbursement by the issuance 
                of transfer and counterwarrants, or other lawful 
                transfer documents, supported by itemized invoices, if 
                payment is not made by a requisitioning agency within 45 
                days after the later of--
                        (i) the date of billing by the Administrator; or
                        (ii) the date on which actual liability for 
                      personal property or services is incurred by the 
                      Administrator.

[[Page 116 STAT. 1076]]

  (e) Reimbursement for Equipment Purchased for Congress.--The 
Administrator may accept periodic reimbursement from the Senate and from 
the House of Representatives for the cost of any equipment purchased for 
the Senate or the House of Representatives with money from the Fund. The 
amount of each periodic reimbursement shall be computed by amortizing 
the total cost of each item of equipment over the useful life of the 
equipment, as determined by the Administrator, in consultation with the 
Sergeant at Arms and Doorkeeper of the Senate or the Chief 
Administrative Officer of the House of Representatives, as appropriate.
  (f) Treatment of Surplus.--
          (1) Surplus deposited in treasury.--As of September 30 of each 
        year, any surplus in the Fund above the amounts transferred or 
        appropriated to establish and maintain the Fund (all assets, 
        liabilities, and prior losses considered) shall be deposited in 
        the Treasury as miscellaneous receipts.
          (2) Surplus retained.--From any surplus generated by operation 
        of the Fund, the Administrator may retain amounts necessary to 
        maintain a sufficient level of inventory of personal property to 
        meet the needs of the federal agencies.

  (g) Audits.--The Comptroller General shall audit the Fund in 
accordance with the provisions of chapter 35 of title 31 and report the 
results of the audits.

Sec. 322. Information Technology Fund

  (a) Existence.--There is an Information Technology Fund in the 
Treasury.
  (b) Cost and Capital Requirements.--
          (1) In general.--The Administrator of General Services shall 
        determine the cost and capital requirements of the Fund for each 
        fiscal year. The cost and capital requirements may include 
        amounts--
                  (A) needed to purchase (if the Administrator has 
                determined that purchase is the least costly 
                alternative) information processing and transmission 
                equipment, software, systems, and operating facilities 
                necessary to provide services;
                  (B) resulting from operations of the Fund, including 
                the net proceeds from the disposal of excess or surplus 
                personal property and receipts from carriers and others 
                for loss or damage to property; and
                  (C) that are appropriated, authorized to be 
                transferred, or otherwise made available to the Fund.
          (2) Submitting plans to office of management and budget.--The 
        Administrator shall submit plans concerning the cost and capital 
        requirements determined under this section, and other 
        information as may be requested, for review and approval by the 
        Director of the Office of Management and Budget. Plans submitted 
        under this section fulfill the requirements of sections 1512 and 
        1513 of title 31.
          (3) Adjustments.--Any change to the cost and capital 
        requirements of the Fund for a fiscal year shall be made in the 
        same manner as the initial fiscal year determination.

  (c) Use.--
          (1) In general.--The Fund is available for expenses, 
        including personal services and other costs, and for procurement 
        (by lease, purchase, transfer, or otherwise) to efficiently 
        provide

[[Page 116 STAT. 1077]]

        information technology resources to federal agencies and to 
        efficiently manage, coordinate, operate, and use those 
        resources.
          (2) Specifically included items.--Information technology 
        resources provided under this section include information 
        processing and transmission equipment, software, systems, 
        operating facilities, supplies, and related services including 
        maintenance and repair.
          (3) Cancellation costs.--Any cancellation costs incurred for a 
        contract entered into under subsection (e) shall be paid from 
        money currently available in the Fund.
          (4) No fiscal year limitation.--The Fund is available without 
        fiscal year limitation.

  (d) Charges to Agencies.--If the Director approves plans submitted by 
the Administrator under subsection (b), the Administrator shall 
establish rates, consistent with the approval, to be charged to agencies 
for information technology resources provided through the Fund.
  (e) Contract Authority.--
          (1) In general.--In operating the Fund, the Administrator may 
        enter into multiyear contracts, not longer than 5 years, to 
        provide information technology hardware, software, or services 
        if--
                  (A) amounts are available and adequate to pay the 
                costs of the contract for the first fiscal year and any 
                costs of cancellation or termination;
                  (B) the contract is awarded on a fully competitive 
                basis; and
                  (C) the Administrator determines that--
                        (i) the need for the information technology 
                      hardware, software, or services being provided 
                      will continue over the period of the contract;
                        (ii) the use of the multiyear contract will 
                      yield substantial cost savings when compared with 
                      other methods of providing the necessary 
                      resources; and
                        (iii) the method of contracting will not exclude 
                      small business participation.
          (2) Effect on other law.--This subsection does not limit the 
        authority of the Administrator to procure equipment and services 
        under sections 501-505 of this title.

  (f) Transfer of Uncommitted Balance.--After the close of each fiscal 
year, any uncommitted balance remaining in the Fund, after making 
provision for anticipated operating needs as determined by the Office of 
Management and Budget, shall be transferred to the Treasury as 
miscellaneous receipts.
  (g) Annual Report.--The Administrator shall report annually to the 
Director on the operation of the Fund. The report must address the 
inventory, use, and acquisition of information processing equipment and 
identify any proposed increases to the capital of the Fund.

Sec. 323. Consumer Information Center Fund

  (a) Existence.--There is in the Treasury a Consumer Information Center 
Fund, General Services Administration, for the purpose of disseminating 
Federal Government consumer information to the public and for other 
related purposes.
  (b) Deposits.--Money shall be deposited into the Fund from--

[[Page 116 STAT. 1078]]

          (1) appropriations from the Treasury for Consumer Information 
        Center activities;
          (2) user fees from the public;
          (3) reimbursements from other federal agencies for costs of 
        distributing publications; and
          (4) any other income incident to Center activities.

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

                     CHAPTER 5--PROPERTY MANAGEMENT

                SUBCHAPTER I--PROCUREMENT AND WAREHOUSING

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

                     SUBCHAPTER II--USE OF PROPERTY

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

                  SUBCHAPTER III--DISPOSING OF PROPERTY

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

              SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER

571.  General rules for deposit and use of proceeds.

[[Page 116 STAT. 1079]]

572.  Real property.
573.  Personal property.
574.  Other rules regarding proceeds.

       SUBCHAPTER V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES

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

      SUBCHAPTER VI--MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

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

                SUBCHAPTER I--PROCUREMENT AND WAREHOUSING

Sec. 501. Services for executive agencies

  (a) Authority of Administrator of General Services.--
          (1) In general.--The Administrator of General Services shall 
        take action under this subchapter for an executive agency--
                  (A) to the extent that the Administrator of General 
                Services determines that the action is advantageous to 
                the Federal Government in terms of economy, efficiency, 
                or service; and
                  (B) with due regard to the program activities of the 
                agency.
          (2) Exemption for defense.--The Secretary of Defense may 
        exempt the Department of Defense from an action taken by the 
        Administrator of General Services under this subchapter, unless 
        the President directs otherwise, whenever the Secretary 
        determines that an exemption is in the best interests of 
        national security.

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

[[Page 116 STAT. 1080]]

                  (B) Public utility contracts.--A contract for public 
                utility services may be made for a period of not more 
                than 10 years.
          (2) Policies and methods.--
                  (A) In general.--The Administrator of General Services 
                shall prescribe policies and methods for executive 
                agencies regarding the
procurement and supply of personal property and nonpersonal services and 
related functions.
                  (B) Controlling regulation.--Policies and methods 
                prescribed by the Administrator of General Services 
                under this paragraph are subject to regulations 
                prescribed by the Administrator for Federal Procurement 
                Policy under the Office of Federal Procurement Policy 
                Act (41 U.S.C. 401 et seq.).

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

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

Sec. 502. Services for other entities

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

  (b) Qualified Nonprofit Agencies.--
          (1) In general.--On request, the Administrator may provide, to 
        the extent practicable, any of the services specified in section 
        501 of this title to an agency that is--
                  (A)(i) a qualified nonprofit agency for the blind (as 
                defined in section 5(3) of the Javits-Wagner-O'Day Act 
                (41 U.S.C. 48b(3))); or
                  (ii) a qualified nonprofit agency for other severely 
                handicapped (as defined in section 5(4) of the Javits-
                Wagner-O'Day Act (41 U.S.C. 48b(4))); and
                  (B) providing a commodity or service to the Federal 
                Government under the Javits-Wagner-O'Day Act (41 U.S.C. 
                46 et seq.).
          (2) Use of services.--A nonprofit agency receiving services 
        under this subsection shall use the services directly in making 
        or providing to the Government a commodity or service that has 
        been determined by the Committee for Purchase From People Who 
        Are Blind or Severely Disabled under section 2

[[Page 116 STAT. 1081]]

        of the Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for 
        procurement by the Government.

Sec. 503. Exchange or sale of similar items

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

Sec. 504. Agency cooperation for inspection

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

Sec. 505. Exchange or transfer of medical supplies

  (a) Excess Property Determination.--
          (1) In general.--Medical materials or supplies an executive 
        agency holds for national emergency purposes are considered 
        excess property for purposes of subchapter II when the head of 
        the agency determines that--
                  (A) the remaining storage or shelf life is too short 
                to justify continued retention for national emergency 
                purposes; and
                  (B) transfer or other disposal is in the national 
                interest.
          (2) Timing.--To the greatest extent practicable, the head of 
        the agency shall make the determination in sufficient time to 
        allow for the transfer or other disposal and use of medical 
        materials or supplies before their shelf life expires and they 
        are rendered unfit for human use.

  (b) Transfer or Exchange.--
          (1) In general.--In accordance with regulations the 
        Administrator of General Services prescribes, medical materials 
        or supplies considered excess property may be transferred to 
        another

[[Page 116 STAT. 1082]]

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

Sec. 506. Inventory controls and systems

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

  (b) Activities of Federal Agencies.--Each federal agency shall use the 
uniformed federal supply catalog system, the standard purchase 
specifications, and the standard forms and procedures established under 
subsection (a), except as the Administrator of General Services, 
considering efficiency, economy, or other interests of the Government, 
may otherwise provide.
  (c) Audit of Property Accounts.--The Comptroller General shall audit 
all types of property accounts and transactions. Audits shall be 
conducted at the time and in the manner the Comptroller General decides 
and as far as practicable at the place where the

[[Page 116 STAT. 1083]]

property or records of the executive agencies are kept. Audits shall 
include an evaluation of the effectiveness of internal controls and 
audits, and a general audit of the discharge of accountability for 
Government-owned or controlled property, based on generally accepted 
principles of auditing.

                     SUBCHAPTER II--USE OF PROPERTY

Sec. 521. Policies and methods

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

Sec. 522. Reimbursement for transfer of excess property

  (a) In General.--Subject to subsections (b) and (c) of this section, 
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.

Sec. 523. Excess real property located on Indian reservations

  (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

[[Page 116 STAT. 1084]]

        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.

Sec. 524. Duties of executive agencies

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

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

Sec. 525. Excess personal property for federal agency grantees

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

[[Page 116 STAT. 1085]]

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

  (c) Exception for Certain Property Furnished by Secretary of 
Agriculture.--
          (1) Definition.--In this subsection, the term ``State'' means 
        a State of the United States, Puerto Rico, Guam, American Samoa, 
        the Northern Mariana Islands, the Federated States of 
        Micronesia, the Marshall Islands, Palau, the Virgin Islands, and 
        the District of Columbia.
          (2) In general.--Under regulations and restrictions the 
        Administrator may prescribe, subsection (a) does not apply to 
        property furnished by the Secretary of Agriculture to--
                  (A) a state or county extension service engaged in 
                cooperative agricultural extension work under the Smith-
                Lever Act (7 U.S.C. 341 et seq.);
                  (B) a state experiment station engaged in cooperative 
                agricultural research work under the Hatch Act of 1887 
                (7 U.S.C. 361a et seq.); or
                  (C) an institution engaged in cooperative agricultural 
                research or extension work under section 1433, 1434, 
                1444, or 1445 of the National Agricultural Research, 
                Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
                3195, 3196, 3221, or 3222), or the Act of October 10, 
                1962 (16 U.S.C. 582a et seq.), if the Federal Government 
                retains title.

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

Sec. 526. Temporary assignment of excess real property

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

[[Page 116 STAT. 1086]]

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

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

Sec. 528. Utilization of excess furniture

  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.

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

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

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

                  SUBCHAPTER III--DISPOSING OF PROPERTY

Sec. 541. Supervision and direction

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

Sec. 542. Care and handling

  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.

Sec. 543. Method of disposition

  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.

[[Page 116 STAT. 1087]]

Sec. 544. Validity of transfer instruments

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

Sec. 545. Procedure for disposal

  (a) Public Advertising for Bids.--
          (1) Requirement.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the Administrator of General Services may make or 
                authorize a disposal or a contract for disposal of 
                surplus property only after public advertising for bids, 
                under regulations the Administrator prescribes.
                  (B) Exceptions.--This subsection does not apply to 
                disposal or a contract for disposal of surplus 
                property--
                        (i) under subsection (b) or (d); or
                        (ii) by abandonment, destruction, or donation or 
                      through a contract broker.
          (2) Time, method, and terms.--The time, method, and terms and 
        conditions of advertisement must permit full and free 
        competition consistent with the value and nature of the property 
        involved.
          (3) Public disclosure.--Bids must be publicly disclosed at the 
        time and place stated in the advertisement.
          (4) Awards.--An award shall be made with reasonable promptness 
        by notice to the responsible bidder whose bid, conforming to the 
        invitation for bids, is most advantageous to the Federal 
        Government, price and other factors considered. However, all 
        bids may be rejected if it is in the public interest to do so.

  (b) Negotiated Disposal.--Under regulations the Administrator 
prescribes, disposals and contracts for disposal may be negotiated 
without regard
to subsection (a), but subject to obtaining competition that is feasible 
under the circumstances, if--
          (1) necessary in the public interest--
                  (A) during the period of a national emergency declared 
                by the President or Congress, with respect to a 
                particular lot of personal property; or
                  (B) for a period not exceeding three months, with 
                respect to a specifically described category of personal 
                property as determined by the Administrator;
          (2) the public health, safety, or national security will be 
        promoted by a particular disposal of personal property;
          (3) public exigency will not allow delay incident to 
        advertising certain personal property;
          (4) the nature and quantity of personal property involved are 
        such that disposal under subsection (a) would impact an industry 
        to an extent that would adversely affect the national economy, 
        and the estimated fair market value of the property and other 
        satisfactory terms of disposal can be obtained by negotiation;
          (5) the estimated fair market value of the property involved 
        does not exceed $15,000;

[[Page 116 STAT. 1088]]

          (6) after advertising under subsection (a), the bid prices for 
        the property, or part of the property, are not reasonable or 
        have not been independently arrived at in open competition;
          (7) with respect to real property, the character or condition 
        of the property or unusual circumstances make it impractical to 
        advertise publicly for competitive bids and the fair market 
        value of the property and other satisfactory terms of disposal 
        can be obtained by negotiation;
          (8) the disposal will be to a State, territory, or possession 
        of the United States, or to a political subdivision of, or a 
        tax-supported agency in, a State, territory, or possession, and 
        the estimated fair market value of the property and other 
        satisfactory terms of disposal are obtained by negotiation; or
          (9) otherwise authorized by law.

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

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

[[Page 116 STAT. 1089]]

                      any property for which any part of the 
                      consideration is real property.
                  (B) Exception.--An explanatory statement is not 
                required for a disposal of personal property under 
                subsection (d), or for a disposal of real or personal 
                property authorized by any other law to be made without 
                advertising.
          (2) Transmittal to congress.--The explanatory statement shall 
        be transmitted to the appropriate committees of Congress in 
        advance of the disposal, and a copy of the statement shall be 
        preserved in the files of the executive agency making the 
        disposal.
          (3) Listing in report.--A report of the Administrator under 
        section 126 of this title must include a listing and description 
        of any negotiated disposals of surplus property having an 
        estimated fair market value of more than $15,000, in the case of 
        real property, or $5,000, in the case of any other property, 
        other than disposals for which an explanatory statement has been 
        transmitted under this subsection.

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

Sec. 546. Contractor inventories

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

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

  (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.

[[Page 116 STAT. 1090]]

Sec. 548. Surplus vessels

  The Maritime Administration shall dispose of surplus vessels of 1,500 
gross tons or more which the Administration determines to be merchant 
vessels or
capable of conversion to merchant use. The vessels shall be disposed of 
in accordance with the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et 
seq.), and other laws authorizing the sale of such vessels.

Sec. 549. Donation of personal property through state agencies

  (a) Definitions.--In this section, the following definitions apply:
          (1) Public agency.--The term ``public agency'' means--
                  (A) a State;
                  (B) a political subdivision of a State (including a 
                unit of local government or economic development 
                district);
                  (C) a department, agency, or instrumentality of a 
                State (including instrumentalities created by compact or 
                other agreement between States or political 
                subdivisions); or
                  (D) an Indian tribe, band, group, pueblo, or community 
                located on a state reservation.
          (2) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, the Northern Mariana Islands, and American Samoa.
          (3) State agency.--The term ``state agency'' means an agency 
        designated under state law as the agency responsible for fair 
        and equitable distribution, through donation, of property 
        transferred under this section.

  (b) Authorization.--
          (1) In general.--The Administrator of General Services, in the 
        Administrator's discretion and under regulations the 
        Administrator may prescribe, may transfer property described in 
        paragraph (2) to a state agency.
          (2) Property.--
                  (A) In general.--Property referred to in paragraph (1) 
                is any personal property that--
                        (i) is under the control of an executive agency; 
                      and
                        (ii) has been determined to be surplus property.
                  (B) Special rule.--In determining whether the property 
                is to be transferred for donation under this section, no 
                distinction may be made between property capitalized in 
                a working-capital fund established under section 2208 of 
                title 10 (or similar fund) and any other property.
          (3) No cost.--Transfer of property under this section is 
        without cost, except for any costs of care and handling.

  (c) Allocation and Transfer of Property.--
          (1) In general.--The Administrator shall allocate and transfer 
        property under this section in accordance with criteria that are 
        based on need and use and that are established after 
        consultation with state agencies to the extent feasible. The 
        Administrator shall give fair consideration, consistent with the 
        established criteria, to an expression of need and interest from 
        a public agency or other eligible institution within a State. 
        The Administrator shall give special consideration to an 
        eligible recipient's request, transmitted through the state 
        agency, for a specific item of property.
          (2) Allocation among states.--The Administrator shall allocate 
        property among the States on a fair and equitable

[[Page 116 STAT. 1091]]

        basis, taking into account the condition of the property as well 
        as the original acquisition cost of the property.
          (3) Recipients and purposes.--The Administrator shall transfer 
        to a state agency property the state agency selects for 
        distribution through donation within the State--
                  (A) to a public agency for use in carrying out or 
                promoting, for residents of a given political area, a 
                public purpose, including conservation, economic 
                development, education, parks and recreation, public 
                health, and public safety; or
                  (B) for purposes of education or public health 
                (including research), to a nonprofit educational or 
                public health institution or organization that is exempt 
                from taxation under section 501 of the Internal Revenue 
                Code of 1986 (26 U.S.C. 501), including--
                        (i) a medical institution, hospital, clinic, 
                      health center, or drug abuse treatment center;
                        (ii) a provider of assistance to homeless 
                      individuals or to families or individuals whose 
                      annual incomes are below the poverty line (as that 
                      term is defined in section 673 of the Community 
                      Services Block Grant Act (42 U.S.C. 9902));
                        (iii) a school, college, or university;
                        (iv) a school for the mentally retarded or 
                      physically handicapped;
                        (v) a child care center;
                        (vi) a radio or television station licensed by 
                      the Federal Communications Commission as an 
                      educational radio or educational television 
                      station;
                        (vii) a museum attended by the public; or
                        (viii) a library serving free all residents of a 
                      community, district, State, or region.
          (4) Exception.--This subsection does not apply to property 
        transferred under subsection (d).

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

  (e) State Plan of Operation.--
          (1) In general.--Before property may be transferred to a state 
        agency, the State shall develop a detailed state plan

[[Page 116 STAT. 1092]]

        of operation, in accordance with this subsection and with state 
        law.
          (2) Procedure.--
                  (A) Consideration of needs and resources.--In 
                developing and implementing the state plan of operation, 
                the relative needs and resources of all public agencies 
                and other eligible institutions in the State shall be 
                taken into consideration. The Administrator may consult 
                with interested federal agencies to obtain their views 
                concerning the administration and operation of this 
                section.
                  (B) Publication and period for comment.--The state 
                plan of operation, and any major amendment to the plan, 
                may not be filed with the Administrator until 60 days 
                after general notice of the proposed plan or amendment 
                has been published and interested persons have been 
                given at least 30 days to submit comments.
                  (C) Certification.--The chief executive officer of the 
                State shall certify and submit the state plan of 
                operation to the Administrator.
          (3) Requirements.--
                  (A) State agency.--The state plan of operation shall 
                include adequate assurance that the state agency has--
                        (i) the necessary organizational and operational 
                      authority and capability including staff, 
                      facilities, and means and methods of financing; 
                      and
                        (ii) established procedures for accountability, 
                      internal and external audits, cooperative 
                      agreements, compliance and use reviews, equitable 
                      distribution and property disposal, determination 
                      of eligibility, and assistance through 
                      consultation with advisory bodies and public and 
                      private groups.
                  (B) Equitable distribution.--The state plan of 
                operation shall provide for fair and equitable 
                distribution of property in the State based on the 
                relative needs and resources of interested public 
                agencies and other eligible institutions in the State 
                and their abilities to use the property.
                  (C) Management control and accounting systems.--The 
                state plan of operation shall require, for donable 
                property transferred under this section, that the state 
                agency use management control and accounting systems of 
                the same type as systems required by state law for 
                state-owned property. However, with approval from the 
                chief executive officer of the State, the state agency 
                may elect to use other management control and accounting 
                systems that are effective to govern the use, inventory 
                control, accountability, and disposal of property under 
                this section.
                  (D) Return and redistribution for non-use.--The state 
                plan of operation shall require the state agency to 
                provide for the return and redistribution of donable 
                property if the property, while still usable, has not 
                been placed in use for the purpose for which it was 
                donated within one year of donation or ceases to be used 
                by the donee for that purpose within one year of being 
                placed in use.
                  (E) Request by recipient.--The state plan of operation 
                shall require the state agency, to the extent 
                practicable, to select property requested by a public 
                agency or other

[[Page 116 STAT. 1093]]

                eligible institution in the State and, if requested by 
                the recipient, to arrange shipment of the property 
                directly to the recipient.
                  (F) Service charges.--If the state agency is 
                authorized to assess and collect service charges from 
                participating recipients to cover direct and reasonable 
                indirect costs of its activities, the method of 
                establishing the charges shall be set out in the state 
                plan of operation. The charges shall be fair and 
                equitable and shall be based on services the state 
                agency performs, including screening, packing, crating, 
                removal, and transportation.
                  (G) Terms, conditions, reservations, and 
                restrictions.--
                        (i) In general.--The state plan of operation 
                      shall provide that the state agency--
                                  (I) may impose reasonable terms, 
                                conditions, reservations, and 
                                restrictions on the use of property to 
                                be donated under subsection (c); and
                                  (II) shall impose reasonable terms, 
                                conditions, reservations, and 
                                restrictions on the use of a passenger 
                                motor vehicle and any item of property 
                                having a unit acquisition cost of $5,000 
                                or more.
                        (ii) Special limitations.--If the Administrator 
                      finds that an item has characteristics that 
                      require special handling or use limitations, the 
                      Administrator may impose appropriate conditions on 
                      the donation of the property.
                  (H) Unusable property.--
                        (i) Disposal.--The state plan of operation shall 
                      provide that surplus personal property which the 
                      state agency determines cannot be used by eligible 
                      recipients shall be disposed of--
                                  (I) subject to the disapproval of the 
                                Administrator within 30 days after 
                                notice to the Administrator, through 
                                transfer by the state agency to another 
                                state agency or through abandonment or 
                                destruction if the property has no 
                                commercial value or if the estimated 
                                cost of continued care and handling 
                                exceeds estimated proceeds from sale; or
                                  (II) under this subtitle, on terms and 
                                conditions and in a manner the 
                                Administrator prescribes.
                        (ii) Proceeds from sale.--Notwithstanding 
                      subchapter IV of this chapter and section 702 of 
                      this title, the Administrator, from the proceeds 
                      of sale of property described in subsection (b), 
                      may reimburse the state agency for expenses that 
                      the Administrator considers appropriate for care 
                      and handling of the property.

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

[[Page 116 STAT. 1094]]

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

Sec. 550. Disposal of real property for certain purposes

  (a) Definition.--In this section, the term ``State'' includes the 
District of Columbia, Puerto Rico, and the territories and possessions 
of the United States.
  (b) Enforcement and Revision of Instruments Transferring Property 
Under This Section.--
          (1) In general.--Subject to disapproval by the Administrator 
        of General Services within 30 days after notice of a proposed 
        action to be taken under this section, except for personal 
        property transferred pursuant to section 549 of this title, the 
        official specified in paragraph (2) shall determine and enforce 
        compliance with the terms, conditions, reservations, and 
        restrictions contained in an instrument by which a transfer 
        under this section is made. The official shall reform, correct, 
        or amend the instrument if necessary to correct the instrument 
        or to conform the transfer to the requirements of law. The 
        official shall grant a release from any term, condition, 
        reservation or restriction contained in
the instrument, and shall convey, quitclaim, or release to the 
transferee (or other eligible user) any right or interest reserved to 
the Federal Government by the instrument, if the official determines 
that the property no longer serves the purpose for which it was 
transferred or that a release, conveyance, or quitclaim deed will not 
prevent

[[Page 116 STAT. 1095]]

accomplishment of that purpose. The release, conveyance, or quitclaim 
deed may be made subject to terms and conditions that the official 
considers necessary to protect or advance the interests of the 
Government.
          (2) Specified official.--The official referred to in paragraph 
        (1) is--
                  (A) the Secretary of Education, for property 
                transferred under subsection (c) for school, classroom, 
                or other educational use;
                  (B) the Secretary of Health and Human Services, for 
                property transferred under subsection (d) for use in the 
                protection of public health, including research;
                  (C) the Secretary of the Interior, for property 
                transferred under subsection (e) for public park or 
                recreation area use;
                  (D) the Secretary of Housing and Urban Development, 
                for property transferred under subsection (f) to provide 
                housing or housing assistance for low-income individuals 
                or families; and
                  (E) the Secretary of the Interior, for property 
                transferred under subsection (h) for use as a historic 
                monument for the benefit of the public.

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

  (d) Property for Use in the Protection of Public Health, Including 
Research.--
          (1) Assignment.--The Administrator, in the Administrator's 
        discretion and under regulations that the Administrator may 
        prescribe, may assign to the Secretary of Health and Human 
        Services for disposal surplus real property, including 
        buildings, fixtures, and equipment situated on the property, 
        that the Secretary recommends as needed for use in the 
        protection of public health, including research.
          (2) Sale or lease.--Subject to disapproval by the 
        Administrator within 30 days after notice to the Administrator 
        by

[[Page 116 STAT. 1096]]

        the Secretary of Health and Human Services of a proposed 
        transfer, the Secretary, for use in the protection of public 
        health, including research, may sell or lease property assigned 
        to the Secretary under paragraph (1) to a State, a political 
        subdivision or instrumentality of a State, a tax-supported 
        medical institution, or a hospital or similar institution not 
        operated for profit that has been held exempt from taxation 
        under section 501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).
          (3) Fixing value.--In fixing the sale or lease value of 
        property disposed of under paragraph (2), the Secretary of 
        Health and Human Services shall take into consideration any 
        benefit which has accrued or may accrue to the Government from 
        the use of the property by the State, political subdivision or 
        instrumentality, or institution.

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

  (f) Property for Low Income Housing Assistance.--
          (1) Assignment.--The Administrator, in the Administrator's 
        discretion and under regulations that the Administrator may 
        prescribe, may assign to the Secretary of Housing and Urban 
        Development for disposal surplus real property, including 
        buildings, fixtures, and equipment situated on the property, 
        that the Secretary recommends as needed to provide housing or 
        housing assistance for low-income individuals or families.

[[Page 116 STAT. 1097]]

          (2) Sale or lease.--Subject to disapproval by the 
        Administrator within 30 days after notice to the Administrator 
        by the Secretary of Housing and Urban Development of a proposed 
        transfer, the Secretary, to provide housing or housing 
        assistance for low-income individuals or families, may sell or 
        lease property assigned to the Secretary under paragraph (1) to 
        a State, a political subdivision or instrumentality of a State, 
        or a nonprofit organization that exists for the primary purpose 
        of providing housing or housing assistance for low-income 
        individuals or families.
          (3) Self-help housing.--
                  (A) In general.--The Administrator shall disapprove a 
                proposed transfer of property under this subsection 
                unless the Administrator determines that the property 
                will be used for low-income housing opportunities 
                through the construction, rehabilitation, or 
                refurbishment of self-help housing, under terms 
                requiring that--
                        (i) subject to subparagraph (B), an individual 
                      or family receiving housing or housing assistance 
                      through use of the property shall contribute a 
                      significant amount of labor toward the 
                      construction, rehabilitation, or refurbishment; 
                      and
                        (ii) dwellings constructed, rehabilitated, or 
                      refurbished through use of the property shall be 
                      quality dwellings that
comply with local building and safety codes and standards and shall be 
available at prices below prevailing market prices.
                  (B) Guidelines for considering disabilities.--For 
                purposes of fulfilling self-help requirements under 
                paragraph (3)(A)(i), the Administrator shall ensure that 
                nonprofit organizations receiving property under 
                paragraph (2) develop and use guidelines to consider any 
                disability (as defined in section 3(2) of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12102(2)).
          (4) Fixing value.--
                  (A) In general.--In fixing the sale or lease value of 
                property disposed of under paragraph (2), the Secretary 
                of Housing and Urban Development shall take into 
                consideration and discount the value for any benefit 
                which has accrued or may accrue to the Government from 
                the use of the property by the State, political 
                subdivision or instrumentality, or nonprofit 
                organization.
                  (B) Amount of discount.--The amount of the discount 
                under subparagraph (A) is 75 percent of the market value 
                of the property, except that the Secretary of Housing 
                and Urban Development may discount by a greater 
                percentage if the Secretary, in consultation with the 
                Administrator, determines that a higher percentage is 
                justified.

  (g) Property for National Service Activities.--
          (1) Assignment.--The Administrator, in the Administrator's 
        discretion and under regulations that the Administrator may 
        prescribe, may assign to the Chief Executive Officer of the 
        Corporation for National and Community Service for disposal 
        surplus property that the Chief Executive Officer recommends as 
        needed for national service activities.

[[Page 116 STAT. 1098]]

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

  (h) Property for Use as a Historic Monument.--
          (1) Conveyance.--
                  (A) In general.--Without monetary consideration to the 
                Government, the Administrator may convey to a State, a 
                political subdivision or instrumentality of a State, or 
                a municipality, the right, title, and interest of the 
                Government in and to any surplus real and related 
                personal property that the Secretary of the Interior 
                determines is suitable and desirable for use as a 
                historic monument for the benefit of the public.
                  (B) Recommendation by national park system advisory 
                board.--Property may be determined to be suitable and 
                desirable for use as a historic monument only in 
                conformity with a recommendation by the National Park 
                System Advisory Board established under section 3 of the 
                Act of August 21, 1935 (16 U.S.C. 463) (known as the 
                Historic Sites, Buildings, and Antiquities Act). Only 
                the portion of the property that is necessary for the 
                preservation and proper observation of the property's 
                historic features may be determined to be suitable and 
                desirable for use as a historic monument.
          (2) Revenue-producing activity.--
                  (A) In general.--The Administrator may authorize use 
                of any property conveyed under this subsection for 
                revenue-producing activities if the Secretary of the 
                Interior--
                        (i) determines that the activities are 
                      compatible with use of the property for historic 
                      monument purposes;
                        (ii) approves the grantee's plan for repair, 
                      rehabilitation, restoration, and maintenance of 
                      the property;
                        (iii) approves the grantee's plan for financing 
                      the repair, rehabilitation, restoration, and 
                      maintenance of the property; and
                        (iv) examines and approves the accounting and 
                      financial procedures used by the grantee.
                  (B) Use of excess income.--The Secretary of the 
                Interior may approve a grantee's financial plan only if 
                the plan provides that the grantee shall use income 
                exceeding the cost of repair, rehabilitation, 
                restoration, and maintenance only for public historic 
                preservation, park, or recreational purposes.
                  (C) Audits.--The Secretary of the Interior may 
                periodically audit the records of the grantee that are 
                directly related to the property conveyed.

[[Page 116 STAT. 1099]]

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

Sec. 551. Donations to American Red Cross

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

Sec. 552. Abandoned or unclaimed property on Government premises

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

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

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

[[Page 116 STAT. 1100]]

          (3) the Director of the Federal Emergency Management Agency 
        determines is required by the transferee or grantee for 
        emergency management response purposes including fire and rescue 
        services.

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

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

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

  (a) Definitions.--In this section, the following definitions apply:
          (1) Base closure law.--The term ``base closure law'' means the 
        following:
                  (A) Title II of the Defense Authorization Amendments 
                and Base Closure and Realignment Act (Public Law 100-
                526; 10 U.S.C. 2687 note).
                  (B) The Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 101-510; 10 
                U.S.C. 2687 note).
                  (C) Section 2687 of title 10.
          (2) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        the Federated States of Micronesia, the Marshall Islands, Palau, 
        and the Northern Mariana Islands.

  (b) Authority for Assignment to the Secretary of Transportation.--
Under regulations that the Administrator of General Services, after 
consultation with the Secretary of Defense, may prescribe,

[[Page 116 STAT. 1101]]

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

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

  (f) Enforcement and Revision of Instruments Transferring Property 
Under This Section.--The Secretary of Transportation shall determine and 
enforce compliance with the terms, conditions, reservations, and 
restrictions contained in an instrument by which a transfer or 
conveyance under this section is made. The Secretary shall reform, 
correct, or amend the instrument if necessary to correct the instrument 
or to conform the transfer to the requirements of law. The Secretary 
shall grant a release from any term, condition, reservation or 
restriction contained in the instrument,

[[Page 116 STAT. 1102]]

and shall convey, quitclaim, or release to the grantee any right or 
interest reserved to the Government by the instrument, if the Secretary 
determines that the property no longer serves the purpose for which it 
was transferred or that a release, conveyance, or quitclaim deed will 
not prevent accomplishment of that purpose. The release, conveyance, or 
quitclaim deed may be made subject to terms and conditions that the 
Secretary considers necessary to protect or advance the interests of the 
Government.

Sec. 555. Donation of law enforcement canines to handlers

  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.

Sec. 556. Disposal of dredge vessels

  (a) In General.--The Administrator of General Services, pursuant to 
sections 521 through 527, 529, and 549 of this title, may dispose of a 
United States Army Corps of Engineers vessel used for dredging, together 
with related equipment owned by the Federal Government and under the 
control of the Chief of Engineers, if the Secretary of the Army declares 
the vessel to be in excess of federal needs.

  (b) Recipients and Purposes.--Disposal under this section is 
accomplished--
          (1) through sale or lease to--
                  (A) a foreign government as part of a Corps of 
                Engineers technical assistance program;
                  (B) a federal or state maritime academy for training 
                purposes; or
                  (C) a non-federal public body for scientific, 
                educational, or cultural purposes; or
          (2) through sale solely for scrap to foreign or domestic 
        interests.

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

Sec. 557. Donation of books to Free Public Library

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

[[Page 116 STAT. 1103]]

Sec. 558. Donation of forfeited vessels

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

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

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

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

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

  (b) Advice Required.--

[[Page 116 STAT. 1104]]

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

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

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

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

              SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER

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

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

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

[[Page 116 STAT. 1105]]

Sec. 572. Real property

  (a) In General.--
          (1) Separate fund.--Except as provided in subsection (b), 
        proceeds of the disposition of surplus real and related personal 
        property by the Administrator of General Services shall be set 
        aside in a separate fund in the Treasury.
          (2) Payment of expenses from the fund.--
                  (A) Authority.--From the fund described in paragraph 
                (1), the Administrator may obligate an amount to pay the 
                following direct expenses incurred for the use of excess 
                property and the disposal of surplus property under this 
                subtitle:
                        (i) Fees of appraisers, auctioneers, and realty 
                      brokers, in accordance with the scale customarily 
                      paid in similar commercial transactions.
                        (ii) Costs of environmental and historic 
                      preservation services.
                        (iii) Advertising and surveying.
                  (B) Limitations.--
                        (i) Percentage limitation.--In each fiscal year, 
                      no more than 12 percent of the proceeds of all 
                      dispositions of surplus real and related personal 
                      property may be paid to meet direct expenses 
                      incurred in connection with the dispositions.
                        (ii) Determination of maximum amount.--The 
                      Director of the Office of Management and Budget 
                      each quarter shall determine the maximum amount 
                      that may be obligated under this paragraph.
                  (C) Direct payment or reimbursement.--An amount 
                obligated under this paragraph may be used to pay an 
                expense directly or to reimburse a fund or appropriation 
                that initially paid the expense.
          (3) Transfer to miscellaneous receipts.--At least once each 
        year, excess amounts beyond current operating needs shall be 
        transferred from the fund described in paragraph (1) to 
        miscellaneous receipts.
          (4) Report.--A report of receipts, disbursements, and 
        transfers to miscellaneous receipts under this subsection shall 
        be made annually, in connection with the budget estimate, to the 
        Director and to Congress.

  (b) Real Property Under Control of a Military Department.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Military installation.--The term ``military 
                installation'' has the meaning given that term in 
                section 2687(e)(1) of title 10.
                  (B) Base closure law.--The term ``base closure law'' 
                has the meaning given that term in section 2667(h)(2) of 
                title 10.
          (2) Application.--
                  (A) In general.--This subsection applies to real 
                property, including any improvement on the property, 
                that is under the control of a military department and 
                that the Secretary of the department determines is 
                excess to the department's needs.
                  (B) Exceptions.--This subsection does not apply to--

[[Page 116 STAT. 1106]]

                        (i) damaged or deteriorated military family 
                      housing facilities conveyed under section 2854a of 
                      title 10; or
                        (ii) property at a military installation 
                      designated for closure or realignment pursuant to 
                      a base closure law.
          (3) Transfer between military departments.--The Secretary of 
        Defense shall provide that property described in paragraph (2) 
        is available for transfer, without reimbursement, to other 
        military departments within the Department of Defense.
          (4) Alternative disposition by administrator of general 
        services.--If property is not transferred pursuant to paragraph 
        (3), the Secretary of the military department with the property 
        under its control shall request the Administrator to transfer or 
        dispose of the property in accordance with this subtitle or 
        other applicable law.
          (5) Proceeds.--
                  (A) Deposit in special account.--For a transfer or 
                disposition of property pursuant to paragraph (4), the 
                Administrator shall deposit any proceeds (less expenses 
                of the transfer or disposition as provided in subsection 
                (a)) in a special account in the Treasury.
                  (B) Availability of amount deposited.--To the extent 
                provided in an appropriation law, an amount deposited in 
                a special account under subparagraph (A) is available 
                for facility maintenance and repair or environmental 
                restoration as follows:
                        (i) In the case of property located at a 
                      military installation that is closed, the amount 
                      is available for facility maintenance and repair 
                      or environmental restoration by the military 
                      department that had jurisdiction over the property 
                      before the closure of the military installation.
                        (ii) In the case of property located at any 
                      other military installation--
                                  (I) 50 percent of the amount is 
                                available for facility maintenance and 
                                repair or environmental restoration at 
                                the military installation where the 
                                property was located before it was 
                                disposed of or transferred; and
                                  (II) 50 percent of the amount is 
                                available for facility maintenance and 
                                repair and for environmental restoration 
                                by the military department that had 
                                jurisdiction over the property before it 
                                was disposed of or transferred.
          (6) Report.--As part of the annual request for authorizations 
        of appropriations to the Committees on Armed Services of the 
        Senate and the House of Representatives, the Secretary of 
        Defense shall include an accounting of each transfer and 
        disposal made in accordance with this subsection during the 
        fiscal year preceding the fiscal year in which the request is 
        made. The accounting shall include a detailed explanation of 
        each transfer and disposal and of the use of the proceeds 
        received from it by the Department of Defense.

[[Page 116 STAT. 1107]]

Sec. 573. Personal property

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

Sec. 574. Other rules regarding proceeds

  (a) Credit to Reimbursable Fund or Appropriation.--
          (1) Application.--This subsection applies to property acquired 
        with amounts--
                  (A) not appropriated from the general fund of the 
                Treasury; or
                  (B) appropriated from the general fund of the Treasury 
                but by law reimbursable from assessment, tax, or other 
                revenue or receipts.
          (2) In general.--The net proceeds of a disposition or transfer 
        of property described in paragraph (1) shall be--
                  (A) credited to the applicable reimbursable fund or 
                appropriation; or
                  (B) paid to the federal agency that determined the 
                property to be excess.
          (3) Calculation of net proceeds.--For purposes of this 
        subsection, the net proceeds of a disposition or transfer of 
        property are the proceeds less all expenses incurred for the 
        disposition or transfer, including care and handling.
          (4) Alternative credit to miscellaneous receipts.--If the 
        agency that determined the property to be excess decides that it 
        is uneconomical or impractical to ascertain the amount of net 
        proceeds, the proceeds shall be credited to miscellaneous 
        receipts.

  (b) Special Account for Refunds or Payments for Breach.--
          (1) Deposits.--A federal agency that disposes of surplus 
        property under this chapter may deposit, in a special account in 
        the Treasury, amounts of the proceeds of the dispositions that 
        the agency decides are necessary to permit--
                  (A) appropriate refunds to purchasers for dispositions 
                that are rescinded or that do not become final; and
                  (B) payments for breach of warranty.
          (2) Withdrawals.--A federal agency that deposits proceeds in a 
        special account under paragraph (1) may withdraw amounts to be 
        refunded or paid from the account without regard to the origin 
        of the amounts withdrawn.

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

[[Page 116 STAT. 1108]]

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

       SUBCHAPTER V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES

Sec. 581. General authority of Administrator of General Services

  (a) Applicability.--To the extent that the Administrator of General 
Services by law, other than this section, may maintain, operate, and 
protect buildings or property, including the construction, repair, 
preservation, demolition, furnishing, or equipping of buildings or 
property, the Administrator, in the discharge of these duties, may 
exercise authority granted under this section.
  (b) Personnel and Equipment.--The Administrator may--
          (1) employ and pay personnel at per diem rates approved by the 
        Administrator, not exceeding rates currently paid by private 
        industry for similar services in the place where the services 
        are performed;
          (2) purchase, repair, and clean uniforms for civilian 
        employees of the General Services Administration who are 
        required by law or regulation to wear uniform clothing; and
          (3) furnish arms and ammunition for the protection force the 
        Administration maintains.

  (c) Acquisition and Management of Property.--
          (1) Real estate.--The Administrator may acquire, by purchase, 
        condemnation, or otherwise, real estate and interests in real 
        estate.
          (2) Ground rent.--The Administrator may pay ground rent for 
        buildings owned by the Federal Government or occupied by federal 
        agencies, and pay the rent in advance if required by law or if 
        the Administrator determines that advance payment is in the 
        public interest.
          (3) Rent and repairs under a lease.--The Administrator may pay 
        rent and make repairs, alterations, and improvements under the 
        terms of a lease entered into by, or transferred to, the 
        Administration for the housing of a federal agency.
          (4) Repairs that are economically advantageous.--The 
        Administrator may repair, alter, or improve rented premises if 
        the Administrator determines that doing so is advantageous to 
        the Government in terms of economy, efficiency, or national 
        security. The Administrator's determination must--

[[Page 116 STAT. 1109]]

                  (A) set forth the circumstances that make the repair, 
                alteration, or improvement advantageous; and
                  (B) show that the total cost (rental, repair, 
                alteration, and improvement) for the expected life of 
                the lease is less than the cost of alternative space not 
                needing repair, alteration, or improvement.
          (5) Insurance proceeds for defense industrial reserve.--At the 
        direction of the Secretary of Defense, the Administrator may use 
        insurance proceeds received for damage to property that is part 
        of the Defense Industrial Reserve to repair or restore the 
        property.
          (6) Maintenance contracts.--The Administrator may enter into a 
        contract, for a period not exceeding five years, for the 
        inspection, maintenance, and repair of fixed equipment in a 
        federally owned building.

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

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

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

[[Page 116 STAT. 1110]]

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

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

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

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

  (a) Request by Federal Agency or Instrumentality.--At the request of a 
federal agency, a mixed-ownership Government corporation (as defined in 
chapter 91 of title 31), or the District of Columbia, the Administrator 
of General Services may operate, maintain, and protect a building that 
is owned by the Federal Government (or, in the case of a wholly owned or 
mixed-ownership Government corporation, by the corporation) and occupied 
by the agency or instrumentality making the request.

[[Page 116 STAT. 1111]]

  (b) Transfer of Functions by Director of the Office of Management and 
Budget.--
          (1) In general.--When the Director of the Office of Management 
        and Budget determines that it is in the interest of economy or 
        efficiency, the Director shall transfer to the Administrator all 
        functions vested in a federal agency with respect to the 
        operation, maintenance, and custody of an office building owned 
        by the Government or a wholly owned Government corporation, or 
        an office building, or part of an office building, that is 
        occupied by a federal agency under a lease.
          (2) Exception for post-office buildings.--A transfer of 
        functions shall not be made under this subsection for a post-
        office building, unless the Director determines that the 
        building is not used predominantly for post-office purposes. The 
        Administrator may delegate functions with respect to a post-
        office building that are transferred to the Administrator under 
        this subsection only to another officer or employee of the 
        General Services Administration or to the Postmaster General.
          (3) Exception for buildings in a foreign country.--A transfer 
        of functions shall not be made under this subsection for a 
        building located in a foreign country.
          (4) Exception for department of defense buildings.--A transfer 
        of functions shall not be made under this subsection for a 
        building located on the grounds of a facility of the Department 
        of Defense (including a fort, camp, post, arsenal, navy yard, 
        naval training station, airfield, proving ground, military 
        supply depot, or school) unless and only to the extent that the 
        Secretary of Defense has issued a permit for use by another 
        agency.
          (5) Exception for groups of special purpose buildings.--A 
        transfer of functions shall not be made under this subsection 
        for a building that the Director finds to be a part of a group 
        of buildings that are--
                  (A) located in the same vicinity;
                  (B) used wholly or predominantly for the special 
                purposes of the agency with custody of the buildings; 
                and
                  (C) not generally suitable for use by another agency.
          (6) Exception for certain government buildings.--A transfer of 
        functions shall not be made under this subsection for the 
        Treasury Building, the Bureau of Engraving and Printing 
        Building, the buildings occupied by the National Institute of 
        Standards and Technology, and the buildings under the 
        jurisdiction of the regents of the Smithsonian Institution.

Sec. 583. Construction of buildings

  (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.

[[Page 116 STAT. 1112]]

  (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.

Sec. 584. Assignment and reassignment of space

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

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

Sec. 585. Lease agreements

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

  (b) Sublease.--
          (1) Application.--This subsection applies to rent received if 
        the Administrator--
                  (A) determines that an unexpired portion of a lease of 
                space to the Government is surplus property; and
                  (B) disposes of the property by sublease.
          (2) Use of rent.--Notwithstanding section 571(a) of this 
        title, the Administrator may deposit rent received into the 
        Federal Buildings Fund. The Administrator may defray from

[[Page 116 STAT. 1113]]

        the fund any costs necessary to provide services to the 
        Government's lessee and to pay the rent (not otherwise provided 
        for) on the lease of the space to the Government.

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

Sec. 586. Charges for space and services

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

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

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

Sec. 587. Telecommuting and other alternative workplace arrangements

  (a) Definition.--In this section, the term ``telecommuting centers'' 
means flexiplace work telecommuting centers.
  (b) Telecommuting Centers Established by Administrator of General 
Services.--

[[Page 116 STAT. 1114]]

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

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

  (d) Amounts Available for Flexiplace Work Telecommuting Programs.--
          (1) Definition.--In this subsection, the term ``flexiplace 
        work telecommuting program'' means a program under which 
        employees of a department or agency set out in paragraph (2) are 
        permitted to perform all or a portion of their duties at a 
        telecommuting center established under this section or other 
        federal law.
          (2) Minimum funding.--For each of the following departments 
        and agencies, in each fiscal year at least $50,000 of amounts 
        made available
for salaries and expenses is available only for carrying out a 
flexiplace work telecommuting program:
                  (A) Department of Agriculture.
                  (B) Department of Commerce.
                  (C) Department of Defense.
                  (D) Department of Education.
                  (E) Department of Energy.
                  (F) Department of Health and Human Services.
                  (G) Department of Housing and Urban Development.

[[Page 116 STAT. 1115]]

                  (H) Department of the Interior.
                  (I) Department of Justice.
                  (J) Department of Labor.
                  (K) Department of State.
                  (L) Department of Transportation.
                  (M) Department of the Treasury.
                  (N) Department of Veterans Affairs.
                  (O) Environmental Protection Agency.
                  (P) General Services Administration.
                  (Q) Office of Personnel Management.
                  (R) Small Business Administration.
                  (S) Social Security Administration.
                  (T) United States Postal Service.

Sec. 588. Movement and supply of office furniture

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

[[Page 116 STAT. 1116]]

        capital fund at the time they pass to the control of the 
        Administrator under this section, the net book value of the 
        furniture and furnishings shall be written off and the capital 
        of the fund is diminished by the amount of the write-off.

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

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

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

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

Sec. 590. Child care

  (a) Guidance, Assistance, and Oversight.--Through the General Services 
Administration's licensing agreements, the Administrator of General 
Services shall provide guidance, assistance, and oversight to federal 
agencies for the development of child care centers to provide economical 
and effective child care for federal workers.
  (b) Allotment of Space in Federal Buildings.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Child care provider.--The term ``child care 
                provider'' means an individual or entity that provides 
                or proposes to provide child care services for federal 
                employees.
                  (B) Allotment officer.--The term ``allotment officer'' 
                means an officer or agency of the Federal Government 
                charged with the allotment of space in federal 
                buildings.
          (2) Allotment.--A child care provider may be allotted space in 
        a federal building by an allotment officer if--
                  (A) the child care provider applies to the allotment 
                officer in the community or district in which child care 
                services are to be provided;
                  (B) the space is available; and
                  (C) the allotment officer determines that--
                        (i) the space will be used to provide child care 
                      services to children of whom at least 50 percent 
                      have one parent or guardian employed by the 
                      Government; and

[[Page 116 STAT. 1117]]

                        (ii) the child care provider will give priority 
                      to federal employees for available child care 
                      services in the space.

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

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

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

[[Page 116 STAT. 1118]]

        on behalf of an office or entity within the legislative branch 
        of the Government.

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

Sec. 591. Purchase of electricity

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

  (b) Exceptions.--
          (1) Energy savings.--This section does not preclude the head 
        of a federal agency from entering into a contract under section 
        801 of the National Energy Conservation Policy Act (42 U.S.C. 
        8287).
          (2) Energy savings for military installations.--This section 
        does not preclude the Secretary of a military department from--
                  (A) entering into a contract under section 2394 of 
                title 10; or
                  (B) purchasing electricity from any provider if the 
                Secretary finds that the utility having the applicable 
                state-approved franchise (or other service 
                authorization) is unwilling or unable to meet unusual 
                standards of service reliability that are necessary for 
                purposes of national defense.

Sec. 592. Federal Buildings Fund

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

[[Page 116 STAT. 1119]]

  (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).

[[Page 116 STAT. 1120]]

          (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.

Sec. 593. Protection for veterans preference employees

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

[[Page 116 STAT. 1121]]

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

      SUBCHAPTER VI--MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

Sec. 601. Purposes

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

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

  (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.

[[Page 116 STAT. 1122]]

  (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.

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

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

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

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

  (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

[[Page 116 STAT. 1123]]

        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 General Supply 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 General Supply 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.

Sec. 605. Payment of costs

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

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

Sec. 606. Regulations related to operation

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

[[Page 116 STAT. 1124]]

Sec. 607. Records

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

Sec. 608. Scrip, tokens, tickets

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

Sec. 609. Identification of vehicles

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

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

Sec. 610. Discontinuance of motor vehicle pool or system

  (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.

Sec. 611. Duty to report violations

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

[[Page 116 STAT. 1125]]

                   CHAPTER 7--FOREIGN EXCESS PROPERTY

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

Sec. 701. Administrative

  (a) Policies Prescribed by the President.--The President may prescribe 
policies that the President considers necessary to carry out this 
chapter. The policies must be consistent with this chapter.
  (b) Executive Agency Responsibility.--
          (1) In general.--The head of an executive agency that has 
        foreign excess property is responsible for the disposal of the 
        property.
          (2) Conformance to policies.--In carrying out functions under 
        this chapter, the head of an executive agency shall--
                  (A) use the policies prescribed by the President under 
                subsection (a) for guidance; and
                  (B) dispose of foreign excess property in a manner 
                that conforms to the foreign policy of the United 
                States.
          (3) Delegation of authority.--The head of an executive agency 
        may--
                  (A) delegate authority conferred by this chapter to an 
                official in the agency or to the head of another 
                executive agency; and
                  (B) authorize successive redelegation of authority 
                conferred by this chapter.
          (4) Employment of personnel.--As necessary to carry out this 
        chapter, the head of an executive agency may--
                  (A) appoint and fix the pay of personnel in the United 
                States, subject to chapters 33 and 51 and subchapter III 
                of chapter 53 of title 5; and
                  (B) appoint personnel outside the States of the United 
                States and the District of Columbia, without regard to 
                chapter 33 of title 5.

  (c) Special Responsibilities of Secretary of State.--
          (1) Use of foreign currencies and credits.--The Secretary of 
        State may use foreign currencies and credits acquired by the 
        United States under section 704(b)(2) of this title--
                  (A) to carry out the Mutual Educational and Cultural 
                Exchange Act of 1961 (22 U.S.C. 2451 et seq.);
                  (B) to carry out the Foreign Service Buildings Act, 
                1926 (22 U.S.C. 292 et seq.); and
                  (C) to pay other governmental expenses payable in 
                local currencies.
          (2) Renewal of certain agreements.--Except as otherwise 
        directed by the President, the Secretary of State shall continue 
        to perform functions under agreements in effect on July 1, 1949, 
        related to the disposal of foreign excess property. The 
        Secretary of State may amend, modify, and renew the agreements. 
        Foreign currencies or credits the Secretary of State acquires 
        under the agreements shall be administered in accordance with 
        procedures that the Secretary of the Treasury may establish. 
        Foreign currencies or credits reduced to United States currency 
        must be deposited in the Treasury as miscellaneous receipts.

[[Page 116 STAT. 1126]]

Sec. 702. Return of foreign excess property to United States

  (a) In General.--Under regulations prescribed pursuant to subsection 
(b), foreign excess property may be returned to the United States for 
handling as excess or surplus property under subchapter II of chapter 5 
of this title or section 549 or 551 of this title when the head of the 
executive agency concerned, or the Administrator of General Services 
after consultation with the agency head, determines that return of the 
property to the United States for such handling is in the interest of 
the United States.
  (b) Regulations.--The Administrator shall prescribe regulations to 
carry out this section. The regulations must require that transportation 
costs for returning foreign excess property to the United States are 
paid by the federal agency, state agency, or donee receiving the 
property.

Sec. 703. Donation of medical supplies for use in foreign country

  (a) Application.--This section applies to medical materials or 
supplies that are in a foreign country but that would, if situated 
within the United States, be available for donation under subchapter III 
of chapter 5 of this title.
  (b) In General.--An executive agency may donate medical materials or 
supplies that are not disposed of under section 702 of this title.
  (c) Conditions.--A donation under this section is subject to the 
following conditions:
          (1) The medical materials and supplies must be donated for use 
        in a foreign country.
          (2) The donation must be made to a nonprofit medical or health 
        organization, which may be an organization qualified to receive 
        assistance under section 214(b) or 607 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2174(b), 2357).
          (3) The donation must be made without cost to the donee 
        (except for costs of care and handling).

Sec. 704. Other methods of disposal

  (a) In General.--Foreign excess property not disposed of under section 
702 or 703 of this title may be disposed of as provided in this section.
  (b) Methods of Disposal.--
          (1) Sale, exchange, lease, or transfer.--The head of an 
        executive agency may dispose of foreign excess property by sale, 
        exchange, lease, or transfer, for cash, credit or other 
        property, with or without warranty, under terms and conditions 
        the head of the executive agency considers proper.
          (2) Exchange for foreign currency or credit.--If the head of 
        an executive agency determines that it is in the interest of the 
        United States, foreign excess property may be exchanged for--
                  (A) foreign currencies or credits; or
                  (B) substantial benefits or the discharge of claims 
                resulting from the compromise or settlement of claims in 
                accordance with law.
          (3) Abandonment, destruction, or donation.--The head of an 
        executive agency may authorize the abandonment,

[[Page 116 STAT. 1127]]

        destruction, or donation of foreign excess property if the 
        property has no commercial value or if estimated costs of care 
        and handling exceed the estimated proceeds from sale.

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

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

Sec. 705. Handling of proceeds from disposal

  (a) In General.--This section applies to proceeds from the sale, 
lease, or other disposition of foreign excess property under this 
chapter.
  (b) Foreign Currencies or Credits.--Proceeds in the form of foreign 
currencies or credits, must be administered in accordance with 
procedures that the Secretary of the Treasury may establish.
  (c) United States Currency.--
          (1) Separate fund in treasury.--Section 572(a) of this title 
        applies to proceeds of foreign excess property disposed of for 
        United States currency under this chapter.
          (2) Deposited in treasury as miscellaneous receipts.--Except 
        as provided in paragraph (1), proceeds in the form of United 
        States currency, including foreign currencies or credits that 
        are reduced to United States currency, must be deposited in the 
        Treasury as miscellaneous receipts.

  (d) Special Account for Refunds or Payments for Breach.--
          (1) Deposits.--A federal agency that disposes of foreign 
        excess property under this chapter may deposit, in a special 
        account in the Treasury, amounts of the proceeds of the 
        dispositions that the agency decides are necessary to permit--
                  (A) appropriate refunds to purchasers for dispositions 
                that are rescinded or that do not become final; and
                  (B) payments for breach of warranty.
          (2) Withdrawals.--A federal agency that deposits proceeds in a 
        special account under paragraph (1) may withdraw amounts to be 
        refunded or paid from the account without regard to the origin 
        of the amounts withdrawn.

                        CHAPTER 9--URBAN LAND USE

Sec.
901.  Purpose and policy.
902.  Definitions.
903.  Acquisition and use.
904.  Disposal.
905.  Waiver.

Sec. 901. Purpose and policy

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

[[Page 116 STAT. 1128]]

and land use practices and with the planning and development objectives 
of local governments and planning agencies.

Sec. 902. Definitions

  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.

Sec. 903. Acquisition and use

  (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.

Sec. 904. Disposal

  (a) Notice to Local Government.--Before offering real property 
situated in an urban area for sale, the Administrator of General 
Services shall give reasonable notice to the unit of general local 
government exercising zoning and land use jurisdiction in order to 
provide an opportunity for zoning so that the property is used in 
accordance with local comprehensive planning described in subsection 
(c).
  (b) Notice to Prospective Purchasers.--To the greatest extent 
practicable, the Administrator shall furnish to all prospective 
purchasers of real property situated in an urban area complete 
information concerning--

[[Page 116 STAT. 1129]]

          (1) current zoning regulations, prospective zoning 
        requirements, and objectives for property if it is unzoned; and
          (2)(A) the current availability of streets, sidewalks, sewers, 
        water, street lights, and other service facilities; and
          (B) the prospective availability of those service facilities 
        if the property is included in local comprehensive planning 
        described in subsection (c).

  (c) Local Comprehensive Planning.--Local comprehensive planning 
referred to in subsections (a) and (b) includes any of the following 
activities, to the extent the activity is directly related to the needs 
of a unit of general local government:
          (1) As a guide for government policy and action, preparing 
        general plans related to--
                  (A) the pattern and intensity of land use;
                  (B) the provision of public facilities (including 
                transportation facilities) and other government 
                services; and
                  (C) the effective development and use of human and 
                natural resources.
          (2) Preparing long-range physical and fiscal plans for 
        government action.
          (3) Programming capital improvements and other major 
        expenditures, based on a determination of relative urgency, 
        together with definitive financial planning for expenditures in 
        the earlier years of a program.
          (4) Coordinating related plans and activities of state and 
        local governments and agencies.
          (5) Preparing regulatory and administrative measures to 
        support activities described in this subsection.

Sec. 905. Waiver

  The procedures prescribed in sections 903 and 904 of this title may be 
waived during a period of national emergency proclaimed by the 
President.

            CHAPTER 11--SELECTION OF ARCHITECTS AND ENGINEERS

Sec.
1101.  Policy.
1102.  Definitions.
1103.  Selection procedure.
1104.  Negotiation of contract.

Sec. 1101. Policy

  The policy of the Federal Government is to publicly announce all 
requirements for architectural and engineering services and to negotiate 
contracts for architectural and engineering services on the basis of 
demonstrated competence and qualification for the type of professional 
services required and at fair and reasonable prices.

Sec. 1102. Definitions

  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,

[[Page 116 STAT. 1130]]

                 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.

Sec. 1103. Selection procedure

  (a) In General.--These procedures apply to the procurement of 
architectural and engineering services by an agency head.
  (b) Annual Statements.--The agency head shall encourage firms to 
submit annually a statement of qualifications and performance data.
  (c) Evaluation.--For each proposed project, the agency head shall 
evaluate current statements of qualifications and performance data on 
file with the agency, together with statements submitted by other firms 
regarding the proposed project. The agency head shall conduct 
discussions with at least 3 firms to consider anticipated concepts and 
compare alternative methods for furnishing services.
  (d) Selection.--From the firms with which discussions have been 
conducted, the agency head shall select, in order of preference, at 
least 3 firms that the agency head considers most highly qualified to 
provide the services required. Selection shall be based on criteria 
established and published by the agency head.

Sec. 1104. Negotiation of contract

  (a) In General.--The agency head shall negotiate a contract for 
architectural and engineering services at compensation which the agency 
head determines is fair and reasonable to the Federal Government. In 
determining fair and reasonable compensation, the agency head shall 
consider the scope, complexity, professional nature, and estimated value 
of the services to be rendered.
  (b) Order of Negotiation.--The agency head shall attempt to negotiate 
a contract, as provided in subsection (a), with the most highly 
qualified firm selected under section 1103 of this title. If the agency 
head is unable to negotiate a satisfactory contract with the firm, the 
agency head shall formally terminate negotiations and then undertake 
negotiations with the next most qualified of the selected firms, 
continuing the process until an agreement is reached. If the agency head 
is unable to negotiate a satisfactory contract with any of the selected 
firms, the agency head shall

[[Page 116 STAT. 1131]]

select additional firms in order of their competence and qualification 
and continue negotiations in accordance with this section until an 
agreement is reached.

                       CHAPTER 13--PUBLIC PROPERTY

Sec.
1301.  Charge of property transferred to the Federal Government.
1302.  Lease of buildings.
1303.  Disposition of surplus real property.
1304.  Transfer of federal property to States.
1305.  Disposition of land acquired by devise.
1306.  Disposition of abandoned or forfeited personal property.
1307.  Disposition of securities.
1308.  Disposition of unfit horses and mules.
1309.  Preservation, sale, or collection of wrecked, abandoned, or 
           derelict property.
1310.  Sale of war supplies, land, and buildings.
1311.  Authority of President to obtain release.
1312.  Release of real estate in certain cases.
1313.  Releasing property from attachment.
1314.  Easements.
1315.  Special police.

Sec. 1301. Charge of property transferred to the Federal Government

  (a) In General.--Except as provided in subsection (b), the 
Administrator of General Services shall have charge of--
          (1) all land and other property which has been or may be 
        assigned, set off, or conveyed to the Federal Government in 
        payment of debts;
          (2) all trusts created for the use of the Government in 
        payment of debts due the Government; and
          (3) the sale and disposal of land--
                  (A) assigned or set off to the Government in payment 
                of debt; or
                  (B) vested in the Government by mortgage or other 
                security for the payment of debts.

  (b) Nonapplication.--This section does not apply to--
          (1) real estate which has been or shall be assigned, set off, 
        or conveyed to the Government in payment of debts arising under 
        the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
          (2) trusts created for the use of the Government in payment of 
        debts arising under the Code and due the Government.

Sec. 1302. Lease of buildings

  Except as otherwise specifically provided by law, the leasing of 
buildings and property of the Federal Government shall be for a money 
consideration only. The lease may not include any provision for the 
alteration, repair, or improvement of the buildings or property as a 
part of the consideration for the rent to be paid for the use and 
occupation of the buildings or property. Money derived from the rent 
shall be deposited in the Treasury as miscellaneous receipts.

Sec. 1303. Disposition of surplus real property

  (a) Definition.--In this section, the term ``federal agency'' means an 
executive department, independent establishment, commission, board, 
bureau, division, or office in the executive branch, or other agency of 
the Federal Government, including wholly owned Government corporations.

[[Page 116 STAT. 1132]]

  (b) Assignment of Space or Lease or Sale of Property.--
          (1) Actions of administrator.--When the President, on the 
        recommendation of the Administrator of General Services, or the 
        federal agency having control of any real property the agency 
        acquires that is located outside of the District of Columbia, 
        other than military or naval reservations, declares the property 
        to be surplus to the needs of the agency, the Administrator--
                  (A) may assign space in the property to any federal 
                agency;
                  (B) pending a sale, may lease the property for not 
                more than 5 years and on terms the Administrator 
                considers to be in the public interest; or
                  (C) may sell the property at public sale to the 
                highest responsible bidder on terms and after public 
                advertisement that the Administrator considers to be in 
                the public interest.
          (2) Review of decision to assign space.--If the federal agency 
        to which space is assigned does not desire to occupy the space, 
        the decision of the Administrator under paragraph (1)(A) is 
        subject to review by the President.
          (3) Negotiated sale.--If no bids which are satisfactory as to 
        price and responsibility of the bidder are received as a result 
        of public advertisement, the Administrator may sell the property 
        by negotiation, on terms as may be considered to be to the best 
        interest of the Government, but at a price not less than that 
        bid by the highest responsible bidder.

  (c) Demolition.--The Administrator may demolish any building declared 
to be surplus to the needs of the Government under this section on 
deciding that demolition will be in the best interest of the Government. 
Before proceeding with the demolition, the Administrator shall inform 
the Secretary of the Interior in writing of the Administrator's 
intention to demolish the building, and shall not proceed with the 
demolition until receiving written notice from the Secretary that the 
building is not an historic building of national significance within the 
meaning of the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as 
the Historic Sites, Buildings, and Antiquities Act). If the Secretary 
does not notify the Administrator of the Secretary's decision as to 
whether the building is an historic building of national significance 
within 90 days of the receipt of the notice of intention to demolish the 
building, the Administrator may proceed to demolish the building.
  (d) Repairs and Alterations to Assigned Real Property.--When the 
Administrator, after investigation, decides that real property referred 
to in subsection (b) should be used for the accommodation of a federal 
agency, the Administrator may make any repairs or alterations that the 
Administrator considers necessary or advisable and may maintain and 
operate the property.
  (e) Payment by Federal Agencies.--
          (1) Assigned real property.--To the extent that the 
        appropriations of the General Services Administration not 
        otherwise allocated are inadequate for repairs, alterations, 
        maintenance, or operation, the Administrator may require each 
        federal agency to which space has been assigned to pay promptly 
        by check to the Administrator out of its appropriation for rent 
        any part of the estimated or actual cost of the repairs, 
        alterations, maintenance, and operation. Payment may be either 
        in advance

[[Page 116 STAT. 1133]]

        of, or on or during, occupancy of the space. The Administrator 
        shall determine and equitably apportion the total amount to be 
        paid among the agencies to whom space has been assigned.
          (2) Leased spaces.--To the extent that the appropriations of 
        the Administration not otherwise required are inadequate, the 
        Administrator may require each federal agency to which leased 
        space has been assigned to pay promptly by check to the 
        Administrator out of its available appropriations any part of 
        the estimated cost of rent, repairs, alterations, maintenance, 
        operation, and moving. Payment may be either in advance or 
        during occupancy of the space. When space in a building is 
        occupied by two or more agencies, the Administrator shall 
        determine and equitably apportion rental, operation, and other 
        charges on the basis of the total amount of space leased.

  (f) Authorization of Appropriations.--Necessary amounts may be 
appropriated to cover the costs incident to the sale or lease of real 
property, or authorized demolition of buildings on the property, 
declared to be surplus to the needs of any federal agency under this 
section, and the care, maintenance, and protection of the property, 
including pay of employees, travel of Government employees, brokers' 
fees not in excess of rates paid for similar services in the community 
where the property is situated, appraisals, photographs, surveys, 
evidence of title and perfecting of defective titles, advertising, and 
telephone and telegraph charges. However, the agency remains responsible 
for the proper care, maintenance, and protection of the property until 
the Administrator assumes custody or other disposition of the property 
is made.
  (g) Regulations.--The Administrator may prescribe regulations as 
necessary to carry out this section.

Sec. 1304. Transfer of federal property to States

  (a) Obsolete Buildings and Sites.--
          (1) In general.--The Administrator of General Services, in the 
        Administrator's discretion, on terms the Administrator considers 
        proper, and under regulations the Administrator may prescribe, 
        may sell property described in paragraph (2) to a State or a 
        political subdivision of a State for public use if the 
        Administrator considers the sale to be in the best interest of 
        the Federal Government.
          (2) Applicable property.--The property referred to in 
        paragraph (1) is any federal building, building site, or part of 
        a building site under the Administrator's control that has been 
        replaced by a new structure and that the Administrator 
        determines is no longer needed by the Government.
          (3) Price.--The purchase price for a sale under this section 
        must be at least 50 percent of the value of the land as 
        appraised by the Administrator.
          (4) Proceeds of sale.--The proceeds of a sale under this 
        section shall be deposited in the Treasury as miscellaneous 
        receipts.
          (5) Payment terms.--The Administrator may enter into a long 
        term contract for the payment of the purchase price in 
        installments that the Administrator considers fair and 
        reasonable. The Administrator may waive any requirement for 
        interest charges on deferred payment.
          (6) Conveyance.--The Administrator may convey property sold 
        under this section by the usual quitclaim deed.

[[Page 116 STAT. 1134]]

  (b) Widening of Public Roads.--
          (1) Definition.--In this subsection, the term ``executive 
        agency'' means an executive department or independent 
        establishment in the executive branch of the Government, 
        including any wholly owned Government corporation.
          (2) In general.--When a State or a political subdivision of a 
        State applies for a conveyance or transfer of real property of 
        the Government in connection with an authorized widening of a 
        public highway, street, or alley, the head of the executive 
        agency that controls the affected real property may convey or 
        transfer to the State or political subdivision, with or without 
        consideration, an interest in the real property that the agency 
        head determines is not adverse to the interests of the 
        Government. A conveyance or transfer under this subsection is 
        subject to terms and conditions the agency head considers 
        necessary to protect the interests of the Government.
          (3) Limitation on transfers for highway purposes.--An interest 
        in real property which can be transferred to a State or a 
        political subdivision of a State for highway purposes under 
        title 23 may not be conveyed or transferred under this 
        subsection.
          (4) Limitation on issuance of rights of way.--Rights of way 
        over, under, and through public lands and lands in the National 
        Forest System may not be granted under this subsection.

Sec. 1305. Disposition of land acquired by devise

  The General Services Administration may take custody, for disposal as 
excess property under this subtitle and title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.), of land acquired by the Federal Government by devise.

Sec. 1306. Disposition of abandoned or forfeited personal property

  (a) Definitions.--In this section--
          (1) Agency.--The term ``agency'' includes any executive 
        department, independent establishment, board, commission, 
        bureau, service, or division of the Federal Government, and any 
        corporation in which the Government owns at least a majority of 
        the stock.
          (2) Property.--The term ``property'' means all personal 
        property, including vessels, vehicles, and aircraft.

  (b) Voluntarily Abandoned Property.--Property voluntarily abandoned to 
any agency in a way that vests title to the property in the Government 
may be retained by the agency and devoted to official use only. If the 
agency does not desire to retain the property, the head of the agency 
immediately shall notify the Administrator of General Services to that 
effect, and the Administrator, within a reasonable time, shall--
          (1) order the agency to deliver the property to another agency 
        that requests the property and that the Administrator believes 
        should be given the property; or
          (2) order disposal of the property as otherwise provided by 
        law.

  (c) Forfeited Property.--
          (1) Agency retains property.--An agency that seizes property 
        that has been forfeited to the Government other than

[[Page 116 STAT. 1135]]

        by court decree may retain the property and devote it only to 
        official use instead of disposing of the property as otherwise 
        provided by law if competent authority does not order the 
        property returned to any claimant.
          (2) Agency does not desire to retain property.--If the agency 
        does not desire to retain the property, the head of the agency 
        immediately shall notify the Administrator to that effect, and 
        the property--
                  (A) if not ordered by competent authority to be 
                returned to any claimant, or disposed of as otherwise 
                provided by law, shall be delivered by the agency, on 
                order of the Administrator given within a reasonable 
                time, to another agency that requests the property and 
                that the Administrator believes should be given the 
                property; or
                  (B) on order of the Administrator given within a 
                reasonable time, shall be disposed of as otherwise 
                provided by law.

  (d) Property Subject to Court Proceeding for Forfeiture.--
          (1) Notification of administrator.--If a proceeding has begun 
        for the forfeiture of any property by court decree, the agency 
        that seized the property immediately shall notify the 
        Administrator and at the same time may file with the 
        Administrator a request for the property for its official use.
          (2) Application for court order to deliver property.--
                  (A) In general.--Before entry of a decree, the 
                Administrator shall apply to the court to order delivery 
                of the property in accordance with this paragraph.
                  (B) Delivery to seizing agency.--If the agency that 
                seized the property files a request for the property 
                under paragraph (1), the Administrator shall apply to 
                the court to order delivery of the property to the 
                agency that seized the property.
                  (C) Delivery to other requesting agency.--If the 
                agency that seized the property does not file a request 
                for the property under paragraph (1) but another agency 
                requests the property, the Administrator shall apply to 
                the court to order delivery of the property to the 
                requesting agency if the Administrator believes that the 
                requesting agency should be given the property.
                  (D) Delivery to seizing agency for temporary 
                holding.--If application to the court cannot be made 
                under subparagraph (B) or (C) and the Administrator 
                believes the property may later become necessary to any 
                agency for official use, the Administrator shall apply 
                to the court to order delivery of the property to the 
                agency that seized the property, to be retained in its 
                custody. Within a reasonable time, the Administrator 
                shall order the agency to--
                        (i) deliver the property to another agency that 
                      requests the property and that the Administrator 
                      believes should be given the property; or
                        (ii) dispose of the property as otherwise 
                      provided by law.
          (3) Forfeiture decreed.--If forfeiture is decreed and the 
        property is not ordered by competent authority to be returned to 
        any claimant, the court shall order delivery as provided in 
        paragraph (2).

[[Page 116 STAT. 1136]]

          (4) When no application made.--The court shall dispose of 
        property for which no application is made in accordance with 
        law.

  (e) Retention or Delivery of Property Deemed Sale.--Retention or 
delivery of forfeited or abandoned property under this section is deemed 
to be a sale of the property for the purpose of laws providing for 
informer's fees or remission or mitigation of a forfeiture. Property 
acquired under this section when no longer needed for official use shall 
be disposed of in the same manner as other surplus property.
  (f) Payment of Costs Related to Property.--
          (1) Availability of appropriations.--The appropriation 
        available to an agency for the purchase, hire, operation, 
        maintenance, and repair of any property is available for--
                  (A) the payment of expenses of operation, maintenance, 
                and repair of property of the same kind the agency 
                receives under this section for official use;
                  (B) the payment of a lien recognized and allowed under 
                law;
                  (C) the payment of amounts found to be due a person on 
                the authorized remission or mitigation of a forfeiture; 
                and
                  (D) reimbursement of other agencies as provided in 
                paragraph (2).
          (2) Payment and reimbursement of certain costs.--The agency 
        that receives property under this section shall pay the cost of 
        hauling, transporting, towing, and storing the property. If the 
        property is later delivered to another agency for official use 
        under this section, the agency to which the property is 
        delivered shall make reimbursement for all of those costs 
        incurred prior to the date the property is delivered.

  (g) Report.--With the approval of the Secretary of the Treasury, the 
Administrator may require an agency to make a report of all property 
abandoned to it or seized and the disposal of the property.
  (h) Administrative.--
          (1) Regulations.--With the approval of the Secretary, the 
        Administrator may prescribe regulations necessary to carry out 
        this section.
          (2) Other laws not repealed.--This section does not repeal any 
        other laws relating to the disposition of forfeited or abandoned 
        property, except provisions of those laws directly in conflict 
        with this section which were enacted prior to August 27, 1935.
          (3) Property not subject to allocation under this section.--
        The following classes of property are not subject to allocation 
        under this section, but shall be disposed of in the manner 
        otherwise provided by law:
                  (A) narcotic drugs, as defined in the Controlled 
                Substances Act (21 U.S.C. 801 et seq.).
                  (B) firearms, as defined in section 5845 of the 
                Internal Revenue Code of 1986 (26 U.S.C. 5845).
                  (C) other classes or kinds of property the disposal of 
                which the Administrator, with the approval of the 
                Secretary, may consider in the public interest, and may 
                by regulation provide.

[[Page 116 STAT. 1137]]

Sec. 1307. Disposition of securities

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

Sec. 1308. Disposition of unfit horses and mules

  Subject to applicable regulations under this subtitle and title III of 
the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.), horses and mules belonging to the Federal Government that 
have become unfit for service may be destroyed or put out to pasture, 
either on pastures belonging to the Government or those belonging to 
financially sound and reputable humane organizations whose facilities 
permit them to care for the horses and mules during the remainder of 
their natural lives, at no cost to the Government.

Sec. 1309. Preservation, sale, or collection of wrecked, abandoned, or 
                        derelict property

  The Administrator of General Services may make contracts and 
provisions for the preservation, sale, or collection of property, or the 
proceeds of property, which may have been wrecked, been abandoned, or 
become derelict, if the Administrator considers the contracts and 
provisions to be in the interest of the Federal Government and the 
property is within the jurisdiction of the United States and should come 
to the Government. A contract may provide compensation the Administrator 
considers just and reasonable to any person who gives information about 
the property or actually preserves, collects, surrenders, or pays over 
the property. Under each specific agreement for obtaining, preserving, 
collecting, or receiving property or making property available, the 
costs or claim chargeable to the Government may not exceed amounts 
realized and received by the Government.

Sec. 1310. Sale of war supplies, land, and buildings

  (a) In General.--The President, through the head of any executive 
department and on terms the head of the department considers expedient, 
may sell to a person, another department of the Federal Government, or 
the government of a foreign country engaged in war against a country 
with which the United States is at war--
          (1) war supplies, material, and equipment;
          (2) by-products of the war supplies, material, and equipment; 
        and
          (3) any building, plant, or factory, including the land on 
        which the plant or factory may be situated, acquired since April 
        6, 1917, for the production of war supplies, materials, and 
        equipment that, during the emergency existing on July

[[Page 116 STAT. 1138]]

        9, 1918, may have been purchased, acquired, or manufactured by 
        the Government.

  (b) Limitation on Sale of Guns and Ammunition.--Sales of guns and 
ammunition authorized under any law shall be limited to--
          (1) other departments of the Government;
          (2) governments of foreign countries engaged in war against a 
        country with which the United States is at war; and
          (3) members of the National Rifle Association and of other 
        recognized associations organized in the United States for the 
        encouragement of small-arms target practice.

Sec. 1311. Authority of President to obtain release

  For the use or benefit of the Federal Government, the President may 
obtain from an individual or officer to whom land has been or will be 
conveyed a release of the individual's or officer's interest to the 
Government.

Sec. 1312. Release of real estate in certain cases

  (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.).

Sec. 1313. Releasing property from attachment

  (a) Stipulation of Discharge.--
          (1) Person asserting claim entitled to benefits.--In a 
        judicial proceeding under the laws of a State, district, 
        territory, or possession of the United States, when property 
        owned or held by the Federal Government, or in which the 
        Government has or claims an interest, is seized, arrested, 
        attached, or held for the security or satisfaction of a claim 
        made against the property, the Attorney General may direct the 
        United States Attorney for the district in which the property is 
        located to enter a stipulation that on discharge of the property 
        from the seizure, arrest, attachment, or proceeding, the person 
        asserting the claim against the property becomes entitled to all 
        the benefits of this section.
          (2) Nonapplication.--This subsection does not--
                  (A) recognize or concede any right to enforce by 
                seizure, arrest, attachment, or any judicial process a 
                claim against property--
                        (i) of the Government; or
                        (ii) held, owned, or employed by the Government, 
                      or by a department of the Government, for a public 
                      use; or
                  (B) waive an objection to a proceeding brought to 
                enforce the claim.

  (b) Payment.--After a discharge, a final judgment which affirms the 
claim for the security or satisfaction and the right of the person 
asserting the claim to enforce it against the property, notwithstanding 
the claims of the Government, is deemed to be a

[[Page 116 STAT. 1139]]

full and final determination of the rights of the person and entitles 
the person, as against the Government, to the rights the person would 
have had if possession of the property had not been changed. When the 
claim is for the payment of money found to be due, presentation of an 
authenticated copy of the record of the judgment and proceedings is 
sufficient evidence to the proper accounting officers for the allowance 
of the claim, which shall be allowed and paid out of amounts in the 
Treasury not otherwise appropriated. The amount allowed and paid shall 
not exceed the value of the interest of the Government in the property.

Sec. 1314. Easements

  (a) Definitions.--In this section--
          (1) Executive agency.--The term ``executive agency'' means an 
        executive department or independent establishment in the 
        executive branch of the Federal Government, including a wholly 
        owned Government corporation.
          (2) Real property of the government.--The term ``real property 
        of the Government'' excludes--
                  (A) public land (including minerals, vegetative, and 
                other resources) in the United States, including--
                        (i) land reserved or dedicated for national 
                      forest purposes;
                        (ii) land the Secretary of the Interior 
                      administers or supervises in accordance with the 
                      Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) 
                      (known as the National Park Service Organic Act);
                        (iii) Indian-owned trust and restricted land; 
                      and
                        (iv) land the Government acquires primarily for 
                      fish and wildlife conservation purposes and the 
                      Secretary administers;
                  (B) land withdrawn from the public domain primarily 
                under the jurisdiction of the Secretary; and
                  (C) land acquired for national forest purposes.
          (3) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, and the 
        territories and possessions of the United States.

  (b) Grant of Easement.--When a State, a political subdivision or 
agency of a State, or a person applies for the grant of an easement in, 
over, or on real property of the Government, the executive agency having 
control of the real property may grant to the applicant, on behalf of 
the Government, an easement that the head of the agency decides will not 
be adverse to the interests of the Government, subject to reservations, 
exceptions, limitations,
benefits, burdens, terms, or conditions that the head of the agency 
considers necessary to protect the interests of the Government. The 
grant may be made without consideration, or with monetary or other 
consideration, including an interest in real property.

  (c) Relinquishment of Legislative Jurisdiction.--In connection with 
the grant of an easement, the executive agency concerned may relinquish 
to the State in which the real property is located legislative 
jurisdiction that the executive agency considers necessary or desirable. 
Relinquishment of legislative jurisdiction may be accomplished by filing 
with the chief executive officer of the State a notice of relinquishment 
to take effect upon acceptance or by proceeding in the manner that the 
laws applicable to the State may provide.

[[Page 116 STAT. 1140]]

  (d) Termination of Easement.--
          (1) When termination occurs.--The instrument granting the 
        easement may provide for termination of any part of the easement 
        if there has been--
                  (A) a failure to comply with a term or condition of 
                the grant;
                  (B) a nonuse of the easement for a consecutive 2-year 
                period for the purpose for which granted; or
                  (C) an abandonment of the easement.
          (2) Notice required.--If a termination provision is included, 
        it shall require that written notice of the termination be given 
        to the grantee, or its successors or assigns.
          (3) Effective date.--The termination is effective as of the 
        date of the notice.

  (e) Additional Easement Authority.--The authority conferred by this 
section is in addition to, and shall not affect or be subject to, any 
other law under which an executive agency may grant easements.
  (f) Limitation on Issuance of Rights of Way.--Rights of way over, 
under, and through public lands and lands in the National Forest System 
may not be granted under this section.

Sec. 1315. Special police

  (a) Appointment.--The Administrator of General Services, or an 
official of the General Services Administration authorized by the 
Administrator, may appoint uniformed guards of the Administration as 
special police without additional compensation for duty in connection 
with the policing of all buildings and areas owned or occupied by the 
Federal Government and under the charge and control of the 
Administrator.
  (b) Powers.--Special police appointed under this section have the same 
powers as sheriffs and constables on property referred to in subsection 
(a) to enforce laws enacted for the protection of individuals and 
property, prevent breaches of the peace, suppress affrays or unlawful 
assemblies, and enforce regulations prescribed by the Administrator or 
an official of the Administration authorized by the Administrator for 
property under their jurisdiction. However, the jurisdiction and 
policing powers of special police do not extend to the service of civil 
process.
  (c) Detail.--On the application of the head of a department or agency 
of the Government having property of the Government under its 
administration and control, the Administrator or an official of the 
Administration authorized by the Administrator may detail special police 
for the protection of the property and, if the Administrator considers 
it desirable, may extend to the property the applicability of 
regulations and enforce them as provided in this section.
  (d) Use of Other Law Enforcement Agencies.--When it is considered 
economical and in the public interest, the Administrator or an official 
of the Administration authorized by the Administrator may utilize the 
facilities and services of existing federal law enforcement agencies, 
and, with the consent of a state or local agency, the facilities and 
services of state or local law enforcement agencies.
  (e) Nonuniformed Special Police.--The Administrator, or an official of 
the Administration authorized by the Administrator, may empower 
officials or employees of the Administration authorized to perform 
investigative functions to act as nonuniformed special

[[Page 116 STAT. 1141]]

police to protect property under the charge and control of the 
Administration and to carry firearms, whether on federal property or in 
travel status. When on real property under the charge and control of the 
Administration, officials or employees empowered to act as nonuniformed 
special police have the power to enforce federal laws for the protection 
of individuals and property and to enforce regulations for that purpose 
that the Administrator or an official of the Administration authorized 
by the Administrator prescribes and publishes. The special police may 
make arrests without warrant for any offense committed on the property 
if the police have reasonable grounds to believe the offense constitutes 
a felony under the laws of the United States and that the individual to 
be arrested is guilty of that offense.
  (f) Administrative.--The Administrator or an official of the 
Administration authorized by the Administrator may prescribe regulations 
necessary for the government of the property under their charge and 
control, and may annex to the regulations reasonable penalties, within 
the limits prescribed in subsection (g), that will ensure their 
enforcement. The regulations shall be posted and kept posted in a 
conspicuous place on the property.
  (g) Penalties.--
          (1) In general.--Except as provided in paragraph (2), a person 
        violating a regulation prescribed under subsection (f) shall be 
        fined under title 18, imprisoned for not more than 30 days, or 
        both.
          (2) Exception for military traffic regulation.--
                  (A) Definition.--For purposes of this paragraph, the 
                term ``military traffic regulation'' means a regulation 
                for the control of vehicular or pedestrian traffic on 
                military installations that the Secretary of Defense 
                prescribes under subsection (f).
                  (B) In general.--A person violating a military traffic 
                regulation shall be fined an amount not exceeding the 
                amount of the maximum fine for a similar offense under 
                the criminal or civil law of the State, district, 
                territory, or possession of the United States where the 
                military installation in which the violation occurred is 
                located, imprisoned for not more than 30 days, or both.

                 SUBTITLE II--PUBLIC BUILDINGS AND WORKS

                             PART A--GENERAL

Chapter                                                             Sec.
            GENERAL                                                 3101
            ACQUISITION, CONSTRUCTION, AND ALTERATION               3301
            NON-FEDERAL PUBLIC WORKS                                3501
            CONTRACT WORK HOURS AND SAFETY STANDARDS                3701

                      PART B--UNITED STATES CAPITOL

            UNITED STATES CAPITOL BUILDINGS AND GROUNDS             5101

                   PART C--FEDERAL BUILDING COMPLEXES

            UNITED STATES SUPREME COURT BUILDING AND GROUNDS        6101
            SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND   6301
              JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
[[Page 116 STAT. 1142]]

            THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING            6581
            PENNSYLVANIA AVENUE DEVELOPMENT                         6701
            UNION STATION REDEVELOPMENT                             6901

PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA

            ADMINISTRATIVE                                          8101
            WASHINGTON METROPOLITAN REGION DEVELOPMENT              8301
            NATIONAL CAPITAL SERVICE AREA AND DIRECTOR              8501
            PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION         8701
            NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS      8901
            COMMISSION OF FINE ARTS                                 9101
            THEODORE ROOSEVELT ISLAND                               9301
            WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE       9501
                DISTRICT OF COLUMBIA

                             PART A--GENERAL

                           CHAPTER 31--GENERAL

       SUBCHAPTER I--OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

Sec.
3101.  Public buildings under control of Administrator of General 
           Services.
3102.  Naming or designating buildings.
3103.  Admission of guide dogs or other service animals accompanying 
           individuals with disabilities.
3104.  Furniture for new buildings.
3105.  Buildings not to be draped in mourning.

                      SUBCHAPTER II--ACQUIRING LAND

3111.  Approval of sufficiency of title prior to acquisition.
3112.  Federal jurisdiction.
3113.  Acquisition by condemnation.
3114.  Declaration of taking.
3115.  Irrevocable commitment of Federal Government to pay ultimate 
           award when fixed.
3116.  Interest as part of just compensation.
3117.  Exclusion of certain property by stipulation of Attorney General.
3118.  Right of taking as addition to existing rights.

                          SUBCHAPTER III--BONDS

3131.  Bonds of contractors of public buildings or works.
3132.  Alternatives to payment bonds provided by Federal Acquisition 
           Regulation.
3133.  Rights of persons furnishing labor or material.
3134.  Waivers for certain contracts.

                  SUBCHAPTER IV--WAGE RATE REQUIREMENTS

3141.  Definitions.
3142.  Rate of wages for laborers and mechanics.
3143.  Termination of work on failure to pay agreed wages.
3144.  Authority of Comptroller General to pay wages and list 
           contractors violating contracts.
3145.  Regulations governing contractors and subcontractors.
3146.  Effect on other federal laws.
3147.  Suspension of this subchapter during a national emergency.
3148.  Application of this subchapter to certain contracts.

                    SUBCHAPTER V--VOLUNTEER SERVICES

3161.  Purpose.
3162.  Waiver for individuals who perform volunteer services.

                      SUBCHAPTER VI--MISCELLANEOUS

3171.  Contract authority when appropriation is for less than full 
           amount.
3172.  Extension of state workers' compensation laws to buildings, 
           works, and property of the Federal Government.
3173.  Working capital fund for blueprinting, photostating, and 
           duplicating services in General Services Administration.

[[Page 116 STAT. 1143]]

3174.  Operation of public utility communications services serving 
           governmental activities.
3175.  Acceptance of gifts of property.
3176.  Administrator of General Services to furnish services in 
           continental United States to international bodies.

       SUBCHAPTER I--OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

Sec. 3101. Public buildings under control of Administrator of General 
                        Services

  All public buildings outside of the District of Columbia and outside 
of military reservations purchased or erected out of any appropriation 
under the control of the Administrator of General Services, and the 
sites of the public buildings, are under the exclusive jurisdiction and 
control, and in the custody of, the Administrator. The Administrator may 
take possession of the buildings and assign and reassign rooms in the 
buildings to federal officials, clerks, and employees that the 
Administrator believes should be furnished with offices or rooms in the 
buildings.

Sec. 3102. Naming or designating buildings

  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.

Sec. 3103. Admission of guide dogs or other service animals accompanying 
                        individuals with disabilities

  (a) In General.--Guide dogs or other service animals accompanying 
individuals with disabilities and especially trained and educated for 
that purpose shall be admitted to any building or other property owned 
or controlled by the Federal Government on the same terms and 
conditions, and subject to the same regulations, as generally govern the 
admission of the public to the property. The animals are not permitted 
to run free or roam in a building or on the property and must be in 
guiding harness or on leash and under the control of the individual at 
all times while in a building or on the property.
  (b) Regulations.--The head of each department or other agency of the 
Government may prescribe regulations the individual considers necessary 
in the public interest to carry out this section as it applies to any 
building or other property subject to the individual's jurisdiction.

Sec. 3104. Furniture for new buildings

  Furniture for all new public buildings shall be acquired in accordance 
with plans and specifications approved by the Administrator of General 
Services.

Sec. 3105. Buildings not to be draped in mourning

  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.

[[Page 116 STAT. 1144]]

                      SUBCHAPTER II--ACQUIRING LAND

Sec. 3111. Approval of sufficiency of title prior to acquisition

  (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.

Sec. 3112. Federal jurisdiction

  (a) Exclusive Jurisdiction Not Required.--It is not required that the 
Federal Government obtain exclusive jurisdiction in the United States 
over land or an interest in land it acquires.
  (b) Acquisition and Acceptance of Jurisdiction.--When the head of a 
department, agency, or independent establishment of the Government, or 
other authorized officer of the department, agency, or independent 
establishment, considers it desirable, that individual may accept or 
secure, from the State in which land or an interest in land that is 
under the immediate jurisdiction, custody, or control of the individual 
is situated, consent to, or cession of, any jurisdiction over the land 
or interest not previously obtained. The individual shall indicate 
acceptance of jurisdiction on behalf of the Government by filing a 
notice of acceptance with the Governor of the State or in another manner 
prescribed by the laws of the State where the land is situated.
  (c) Presumption.--It is conclusively presumed that jurisdiction has 
not been accepted until the Government accepts jurisdiction over land as 
provided in this section.

Sec. 3113. Acquisition by condemnation

  An officer of the Federal Government authorized to acquire real estate 
for the erection of a public building or for other public

[[Page 116 STAT. 1145]]

uses may acquire the real estate for the Government by condemnation, 
under judicial process, when the officer believes that it is necessary 
or advantageous to the Government to do so. The Attorney General, on 
application of the officer, shall have condemnation proceedings begun 
within 30 days from receipt of the application at the Department of 
Justice.

Sec. 3114. Declaration of taking

  (a) Filing and Content.--In any proceeding in any court of the United 
States outside of the District of Columbia brought by and in the name of 
the United States and under the authority of the Federal Government to 
acquire land, or an easement or right of way in land, for the public 
use, the petitioner
may file, with the petition or at any time before judgment, a 
declaration of taking signed by the authority empowered by law to 
acquire the land described in the petition, declaring that the land is 
taken for the use of the Government. The declaration of taking shall 
contain or have annexed to it--
          (1) a statement of the authority under which, and the public 
        use for which, the land is taken;
          (2) a description of the land taken that is sufficient to 
        identify the land;
          (3) a statement of the estate or interest in the land taken 
        for public use;
          (4) a plan showing the land taken; and
          (5) a statement of the amount of money estimated by the 
        acquiring authority to be just compensation for the land taken.

  (b) Vesting of Title.--On filing the declaration of taking and 
depositing in the court, to the use of the persons entitled to the 
compensation, the amount of the estimated compensation stated in the 
declaration--
          (1) title to the estate or interest specified in the 
        declaration vests in the Government;
          (2) the land is condemned and taken for the use of the 
        Government; and
          (3) the right to just compensation for the land vests in the 
        persons entitled to the compensation.

  (c) Compensation.--
          (1) Determination and award.--Compensation shall be determined 
        and awarded in the proceeding and established by judgment. The 
        judgment shall include interest, in accordance with section 3116 
        of this title, on the amount finally awarded as the value of the 
        property as of the date of taking and shall be awarded from that 
        date to the date of payment. Interest shall not be allowed on as 
        much of the compensation as has been paid into the court. 
        Amounts paid into the court shall not be charged with 
        commissions or poundage.
          (2) Order to pay.--On application of the parties in interest, 
        the court may order that any part of the money deposited in the 
        court be paid immediately for or on account of the compensation 
        to be awarded in the proceeding.
          (3) Deficiency judgment.--If the compensation finally awarded 
        is more than the amount of money received by any person entitled 
        to compensation, the court shall enter judgment against the 
        Government for the amount of the deficiency.

  (d) Authority of Court.--On the filing of a declaration of taking, the 
court--

[[Page 116 STAT. 1146]]

          (1) may fix the time within which, and the terms on which, the 
        parties in possession shall be required to surrender possession 
        to the petitioner; and
          (2) may make just and equitable orders in respect of 
        encumbrances, liens, rents, taxes, assessments, insurance, and 
        other charges.

  (e) Vesting Not Prevented or Delayed.--An appeal or a bond or 
undertaking given in a proceeding does not prevent or delay the vesting 
of title to land in the Government.

Sec. 3115. Irrevocable commitment of Federal Government to pay ultimate 
                        award when fixed

  (a) Requirement for Irrevocable Commitment.--Action under section 3114 
of this title irrevocably committing the Federal Government to the 
payment of the ultimate award shall not be taken unless the head of the 
executive department or agency or bureau of the Government empowered to 
acquire the land believes that the ultimate award probably will be 
within any limits Congress prescribes on the price to be paid.
  (b) Authorized Purposes of Expenditures After Irrevocable Commitment 
Made.--When the Government has taken or may take title to real property 
during a condemnation proceeding and in advance of final judgment in the 
proceeding and has become irrevocably committed to pay the amount 
ultimately to be awarded as compensation, and the Attorney General 
believes that title to the property has been vested in the Government or 
that all persons having an interest in the property have been made 
parties to the proceeding and will be bound by the final judgment, the 
Government may expend amounts appropriated for that purpose to demolish 
existing structures on the property and to erect public buildings or 
public works on the property.

Sec. 3116. Interest as part of just compensation

  (a) Calculation.--The district court shall calculate interest required 
to be paid under this subchapter as follows:
          (1) Period of not more than one year.--Where the period for 
        which interest is owed is not more than one year, interest shall 
        be calculated from the date of taking at an annual rate equal to 
        the weekly average one-year constant maturity Treasury yield, as 
        published by the Board of Governors of the Federal Reserve 
        System, for the calendar week preceding the date of taking.
          (2) Period of more than one year.--Where the period for which 
        interest is owed is more than one year, interest for the first 
        year shall be calculated in accordance with paragraph (1) and 
        interest for each additional year shall be calculated on the 
        amount by which the award of compensation is more than the 
        deposit referred to in section 3114 of this title, plus accrued 
        interest, at an annual rate equal to the weekly average one-year 
        constant maturity Treasury yield, as published by the Board of 
        Governors of the Federal Reserve System, for the calendar week 
        preceding the beginning of each additional year.

  (b) Distribution of Notice of Rates.--The Director of the 
Administrative Office of the United States Courts shall distribute to 
all federal courts notice of the rates described in paragraphs (1) and 
(2) of subsection (a).

[[Page 116 STAT. 1147]]

Sec. 3117. Exclusion of certain property by stipulation of Attorney 
                        General

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

Sec. 3118. Right of taking as addition to existing rights

  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.

                          SUBCHAPTER III--BONDS

Sec. 3131. Bonds of contractors of public buildings or works

  (a) Definition.--In this subchapter, the term ``contractor'' means a 
person awarded a contract described in subsection (b).
  (b) Type of Bonds Required.--Before any contract of more than $100,000 
is awarded for the construction, alteration, or repair of any public 
building or public work of the Federal Government, a person must furnish 
to the Government the following bonds, which become binding when the 
contract is awarded:
          (1) Performance bond.--A performance bond with a surety 
        satisfactory to the officer awarding the contract, and in an 
        amount the officer considers adequate, for the protection of the 
        Government.
          (2) Payment bond.--A payment bond with a surety satisfactory 
        to the officer for the protection of all persons supplying labor 
        and material in carrying out the work provided for in the 
        contract for the use of each person. The amount of the payment 
        bond shall equal the total amount payable by the terms of the 
        contract unless the officer awarding the contract determines, in 
        a writing supported by specific findings, that a payment bond in 
        that amount is impractical, in which case the contracting 
        officer shall set the amount of the payment bond. The amount of 
        the payment bond shall not be less than the amount of the 
        performance bond.

  (c) Coverage for Taxes in Performance Bond.--
          (1) In general.--Every performance bond required under this 
        section specifically shall provide coverage for taxes the 
        Government imposes which are collected, deducted, or withheld 
        from wages the contractor pays in carrying out the contract with 
        respect to which the bond is furnished.
          (2) Notice.--The Government shall give the surety on the bond 
        written notice, with respect to any unpaid taxes attributable to 
        any period, within 90 days after the date when the contractor 
        files a return for the period, except that notice must be given 
        no later than 180 days from the date when a return for the 
        period was required to be filed under the Internal Revenue Code 
        of 1986 (26 U.S.C. 1 et seq.).
          (3) Civil action.--The Government may not bring a civil action 
        on the bond for the taxes--

[[Page 116 STAT. 1148]]

                  (A) unless notice is given as provided in this 
                subsection; and
                  (B) more than one year after the day on which notice 
                is given.

  (d) Waiver of Bonds for Contracts Performed in Foreign Countries.--A 
contracting officer may waive the requirement of a performance bond and 
payment bond for work under a contract that is to be performed in a 
foreign country if the officer finds that it is impracticable for the 
contractor to furnish the bonds.
  (e) Authority to Require Additional Bonds.--This section does not 
limit the authority of a contracting officer to require a performance 
bond or other security in addition to those, or in cases other than the 
cases, specified in subsection (b).

Sec. 3132. Alternatives to payment bonds provided by Federal Acquisition 
                        Regulation

  (a) In General.--The Federal Acquisition Regulation shall provide 
alternatives to payment bonds as payment protections for suppliers of 
labor and materials under contracts referred to in section 3131(a) of 
this title that are more than $25,000 and not more than $100,000.
  (b) Responsibilities of Contracting Officer.--The contracting officer 
for a contract shall--
          (1) select, from among the payment protections provided for in 
        the Federal Acquisition Regulation pursuant to subsection (a), 
        one or more payment protections which the offeror awarded the 
        contract is to submit to the Federal Government for the 
        protection of suppliers of labor and materials for the contract; 
        and
          (2) specify in the solicitation of offers for the contract the 
        payment protections selected.

Sec. 3133. Rights of persons furnishing labor or material

  (a) Right of Person Furnishing Labor or Material to Copy of Bond.--The 
department secretary or agency head of the contracting agency shall 
furnish a certified copy of a payment bond and the contract for which it 
was given to any person applying for a copy who submits an affidavit 
that the person has supplied labor or material for work described in the 
contract and payment for the work has not been made or that the person 
is being sued on the bond. The copy is prima facie evidence of the 
contents, execution, and delivery of the original. Applicants shall pay 
any fees the department secretary or agency head of the contracting 
agency fixes to cover the cost of preparing the certified copy.
  (b) Right to Bring a Civil Action.--
          (1) In general.--Every person that has furnished labor or 
        material in carrying out work provided for in a contract for 
        which a payment bond is furnished under section 3131 of this 
        title and that has not been paid in full within 90 days after 
        the day on which the person did or performed the last of the 
        labor or furnished or supplied the material for which the claim 
        is made may bring a civil action on the payment bond for the 
        amount unpaid at the time the civil action is brought and may 
        prosecute the action to final execution and judgment for the 
        amount due.

[[Page 116 STAT. 1149]]

          (2) Person having direct contractual relationship with a 
        subcontractor.--A person having a direct contractual 
        relationship with a subcontractor but no contractual 
        relationship, express or implied, with the contractor furnishing 
        the payment bond may bring a civil action on the payment bond on 
        giving written notice to the contractor within 90 days from the 
        date on which the person did or performed the last of the labor 
        or furnished or supplied the last of the material for which the 
        claim is made. The action must state with substantial accuracy 
        the amount claimed and the name of the party to whom the 
        material was furnished or supplied or for whom the labor was 
        done or performed. The notice shall be served--
                  (A) by any means that provides written, third-party 
                verification of delivery to the contractor at any place 
                the contractor maintains an office or conducts business 
                or at the contractor's residence; or
                  (B) in any manner in which the United States marshal 
                of the district in which the public improvement is 
                situated by law may serve summons.
          (3) Venue.--A civil action brought under this subsection must 
        be brought--
                  (A) in the name of the United States for the use of 
                the person bringing the action; and
                  (B) in the United States District Court for any 
                district in which the contract was to be performed and 
                executed, regardless of the amount in controversy.
          (4) Period in which action must be brought.--An action brought 
        under this subsection must be brought no later than one year 
        after the day on which the last of the labor was performed or 
        material was supplied by the person bringing the action.
          (5) Liability of federal government.--The Government is not 
        liable for the payment of any costs or expenses of any civil 
        action brought under this subsection.

  (c) A waiver of the right to bring a civil action on a payment bond 
required under this subchapter is void unless the waiver is--
          (1) in writing;
          (2) signed by the person whose right is waived; and
          (3) executed after the person whose right is waived has 
        furnished labor or material for use in the performance of the 
        contract.

Sec. 3134. Waivers for certain contracts

  (a) Military.--The Secretary of the Army, the Secretary of the Navy, 
the Secretary of the Air Force, or the Secretary of Transportation may 
waive this subchapter with respect to cost-plus-a-fixed fee and other 
cost-type contracts for the construction, alteration, or repair of any 
public building or public work of the Federal Government and with 
respect to contracts for manufacturing, producing, furnishing, 
constructing, altering, repairing, processing, or assembling vessels, 
aircraft, munitions, materiel, or supplies for the Army, Navy, Air 
Force, or Coast Guard, respectively, regardless of the terms of the 
contracts as to payment or title.
  (b) Transportation.--The Secretary of Transportation may waive this 
subchapter with respect to contracts for the construction, alteration, 
or repair of vessels when the contract is made under

[[Page 116 STAT. 1150]]

sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936 (46 
App. U.S.C. 1101 et seq.), or the Merchant Ship Sales Act of 1946 (50 
App. U.S.C. 1735 et seq.), regardless of the terms of the contracts as 
to payment or title.

                  SUBCHAPTER IV--WAGE RATE REQUIREMENTS

Sec. 3141. Definitions

  In this subchapter, the following definitions apply:
          (1) Federal government.--The term ``Federal Government'' has 
        the same meaning that the term ``United States'' had in the Act 
        of March 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-
        Bacon Act).
          (2) Wages, scale of wages, wage rates, minimum wages, and 
        prevailing wages.--The terms ``wages'', ``scale of wages'', 
        ``wage rates'', ``minimum wages'', and ``prevailing wages'' 
        include--
                  (A) the basic hourly rate of pay; and
                  (B) for medical or hospital care, pensions on 
                retirement or death, compensation for injuries or 
                illness resulting from occupational activity, or 
                insurance to provide any of the forgoing, for 
                unemployment benefits, life insurance, disability and 
                sickness insurance, or accident insurance, for vacation 
                and holiday pay, for defraying the costs of 
                apprenticeship or other similar programs, or for other 
                bona fide fringe benefits, but only where the contractor 
                or subcontractor is not required by other federal, 
                state, or local law to provide any of those benefits, 
                the amount of--
                        (i) the rate of contribution irrevocably made by 
                      a contractor or subcontractor to a trustee or to a 
                      third person under a fund, plan, or program; and
                        (ii) the rate of costs to the contractor or 
                      subcontractor that may be reasonably anticipated 
                      in providing benefits to laborers and mechanics 
                      pursuant to an enforceable commitment to carry out 
                      a financially responsible plan or program which 
                      was communicated in writing to the laborers and 
                      mechanics affected.

Sec. 3142. Rate of wages for laborers and mechanics

  (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.

[[Page 116 STAT. 1151]]

  (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).
  (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) but not 
actually paid.

Sec. 3143. Termination of work on failure to pay agreed wages

  Every contract within the scope of this subchapter shall contain a 
provision that if the contracting officer finds that any laborer or 
mechanic employed by the contractor or any subcontractor directly on the 
site of the work covered by the contract has been or is being paid a 
rate of wages less than the rate of wages required by the contract to be 
paid, the Federal Government by

[[Page 116 STAT. 1152]]

written notice to the contractor may terminate the contractor's right to 
proceed with the work or the part of the work as to which there has been 
a failure to pay the required wages. The Government may have the work 
completed, by contract or otherwise, and the contractor and the 
contractor's sureties shall be liable to the Government for any excess 
costs the Government incurs.

Sec. 3144. Authority of Comptroller General to pay wages and list 
                        contractors violating contracts

  (a) Payment of Wages.--
          (1) In general.--The Comptroller General shall pay directly to 
        laborers and mechanics from any accrued payments withheld under 
        the terms of a contract any wages found to be due laborers and 
        mechanics under this subchapter.
          (2) Right of action.--If the accrued payments withheld under 
        the terms of the contract are insufficient to reimburse all the 
        laborers and mechanics who have not been paid the wages required 
        under this subchapter, the laborers and mechanics have the same 
        right to bring a civil action and intervene against the 
        contractor and the contractor's sureties as is conferred by law 
        on persons furnishing labor or materials. In those proceedings 
        it is not a defense that the laborers and mechanics accepted or 
        agreed to accept less than the required rate of wages or 
        voluntarily made refunds.

  (b) List of Contractors Violating Contracts.--
          (1) In general.--The Comptroller General shall distribute to 
        all departments of the Federal Government a list of the names of 
        persons whom the Comptroller General has found to have 
        disregarded their obligations to employees and subcontractors.
          (2) Restriction on awarding contracts.--No contract shall be 
        awarded to persons appearing on the list or to any firm, 
        corporation, partnership, or association in which the persons 
        have an interest until three years have elapsed from the date of 
        publication of the list.

Sec. 3145. Regulations governing contractors and subcontractors

  (a) In General.--The Secretary of Labor shall prescribe reasonable 
regulations for contractors and subcontractors engaged in constructing, 
carrying out, completing, or repairing public buildings, public works, 
or buildings or works that at least partly are financed by a loan or 
grant from the Federal Government. The regulations shall include a 
provision that each contractor and subcontractor each week must furnish 
a statement on the wages paid each employee during the prior week.
  (b) Application.--Section 1001 of title 18 applies to the statements.

Sec. 3146. Effect on other federal laws

  This subchapter does not supersede or impair any authority otherwise 
granted by federal law to provide for the establishment of specific wage 
rates.

[[Page 116 STAT. 1153]]

Sec. 3147. Suspension of this subchapter during a national emergency

  The President may suspend the provisions of this subchapter during a 
national emergency.

Sec. 3148. Application of this subchapter to certain contracts

  This subchapter applies to a contract authorized by law that is made 
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or 
on a cost-plus-a-fixed-fee basis or otherwise without advertising for 
proposals, if this subchapter otherwise would apply to the contract.

                    SUBCHAPTER V--VOLUNTEER SERVICES

Sec. 3161. Purpose

  It is the purpose of this subchapter to promote and provide 
opportunities for individuals who wish to volunteer their services to 
state or local governments, public agencies, or nonprofit charitable 
organizations in the construction, repair, or alteration (including 
painting and decorating) of public buildings and public works that at 
least partly are financed with federal financial assistance authorized 
under certain federal programs and that otherwise might not be possible 
without the use of volunteers.

Sec. 3162. Waiver for individuals who perform volunteer services

  (a) Criteria for Receiving Waiver.--The requirement that certain 
laborers and mechanics be paid in accordance with the wage-setting 
provisions of subchapter IV of this chapter as set forth in the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), 
the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the 
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
does not apply to an individual--
          (1) who volunteers to perform a service directly to a state or 
        local government, a public agency, or a public or private 
        nonprofit recipient of federal assistance--
                  (A) for civic, charitable, or humanitarian reasons;
                  (B) only for the personal purpose or pleasure of the 
                individual;
                  (C) without promise, expectation, or receipt of 
                compensation for services rendered, except as provided 
                in subsection (b); and
                  (D) freely and without pressure or coercion, direct or 
                implied, from any employer;
          (2) whose contribution of service is not for the direct or 
        indirect benefit of any contractor otherwise performing or 
        seeking to perform work on the same project for which the 
        individual is volunteering;
          (3) who is not employed by and does not provide services to a 
        contractor or subcontractor at any time on the federally 
        assisted or insured project for which the individual is 
        volunteering; and
          (4) who otherwise is not employed by the same public agency or 
        recipient of federal assistance to perform the same type of 
        services as those for which the individual proposes to 
        volunteer.

[[Page 116 STAT. 1154]]

  (b) Payments.--
          (1) In accordance with regulations.--Volunteers described in 
        subsection (a) who are performing services directly to a state 
        or local government or public agency may receive payments of 
        expenses, reasonable benefits, or a nominal fee only in 
        accordance with regulations the Secretary of Labor prescribes. 
        Volunteers who are performing services directly to a public or 
        private nonprofit entity may not receive those payments.
          (2) Criteria and content of regulations.--In prescribing the 
        regulations, the Secretary shall consider criteria such as the 
        total amount of payments made (relating to expenses, benefits, 
        or fees) in the context of the economic realities. The 
        regulations shall include provisions that provide that--
                  (A) a payment for an expense may be received by a 
                volunteer for items such as uniform allowances, 
                protective gear and clothing, reimbursement for 
                approximate out-of-pocket expenses, or the cost or 
                expense of meals and transportation;
                  (B) a reasonable benefit may include the inclusion of 
                a volunteer in a group insurance plan (such as a 
                liability, health, life, disability, or worker's 
                compensation plan) or pension plan, or the awarding of a 
                length of service award; and
                  (C) a nominal fee may not be used as a substitute for 
                compensation and may not be connected to productivity.
          (3) Nominal fee.--The Secretary shall decide what constitutes 
        a nominal fee for purposes of paragraph (2)(C). The decision 
        shall be based on the context of the economic realities of the 
        situation involved.

  (c) Economic Reality.--In determining whether an expense, benefit, or 
fee described in subsection (b) may be paid to volunteers in the context 
of the economic realities of the particular situation, the Secretary may 
not permit any expense, benefit, or fee that has the effect of 
undermining labor standards by creating downward pressure on prevailing 
wages in the local construction industry.

                      SUBCHAPTER VI--MISCELLANEOUS

Sec. 3171. Contract authority when appropriation is for less than full 
                        amount

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

Sec. 3172. Extension of state workers' compensation laws to buildings, 
                        works, and property of the Federal Government

  (a) Authorization of Extension.--The state authority charged with 
enforcing and requiring compliance with the state workers' compensation 
laws and with the orders, decisions, and awards of the authority may 
apply the laws to all land and premises in the State which the Federal 
Government owns or holds by

[[Page 116 STAT. 1155]]

deed or act of cession, and to all projects, buildings, constructions, 
improvements, and property in the State and belonging to the Government, 
in the same way and to the same extent as if the premises were under the 
exclusive jurisdiction of the State in which the land, premises, 
projects, buildings, constructions, improvements, or property are 
located.
  (b) Limitation on Relinquishing Jurisdiction.--The Government under 
this section does not relinquish its jurisdiction for any other purpose.
  (c) Nonapplication.--This section does not modify or amend subchapter 
I of chapter 81 of title 5.

Sec. 3173. Working capital fund for blueprinting, photostating, and 
                        duplicating services in General Services 
                        Administration

  (a) Establishment and Purpose.--There is a working capital fund for 
the payment of salaries and other expenses necessary to the operation of 
a central blue-printing, photostating, and duplicating service.
  (b) Components.--The fund consists of--
          (1) $50,000 without fiscal year limitation; and
          (2) reimbursements from available amounts of constituents of 
        the Administrator of General Services, or of any other federal 
        agency for which services are performed, at rates to be 
        determined by the Administrator on the basis of estimated or 
        actual charges for personal services, material, equipment 
        (including maintenance, repair, and depreciation on existing and 
        new equipment) and other expenses, to ensure continuous 
        operation.

  (c) Deposit of Excess Amounts in the Treasury.--At the close of each 
fiscal year any excess amount resulting from operation of the service, 
after adequately providing for the replacement of mechanical and other 
equipment and for accrued annual leave of employees engaged in this work 
by the establishment of reserves for those purposes, shall be deposited 
in the Treasury as miscellaneous receipts.

Sec. 3174. Operation of public utility communications services serving 
                        governmental activities

  The Administrator of General Services may provide and operate public 
utility communications services serving any governmental activity when 
the services are economical and in the interest of the Federal 
Government. This section does not apply to communications systems for 
handling messages of a confidential or secret nature, the operation of 
cryptographic equipment or transmission of secret, security, or coded 
messages, or buildings operated or occupied by the United States Postal 
Service, except on request of the department or agency concerned.

Sec. 3175. Acceptance of gifts of property

  The Administrator of General Services, and the United States Postal 
Service where that office is concerned, may accept on behalf of the 
Federal Government unconditional gifts of property in aid of any project 
or function within their respective jurisdictions.

[[Page 116 STAT. 1156]]

Sec. 3176. Administrator of General Services to furnish services in 
                        continental United States to international 
                        bodies

  Sections 1535 and 1536 of title 31 are extended so that the 
Administrator of General Services, at the request of the Secretary of 
State, may furnish services in the continental United States, on a 
reimbursable basis, to any international body with which the Federal 
Government is affiliated.

          CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

Sec.
3301.  Definitions and nonapplication.
3302.  Prohibition on construction of buildings except by Administrator 
           of General Services.
3303.  Continuing investigation and survey of public buildings.
3304.  Acquisition of buildings and sites.
3305.  Construction and alteration of buildings.
3306.  Accommodating federal agencies.
3307.  Congressional approval of proposed projects.
3308.  Architectural or engineering services.
3309.  Buildings and sites in the District of Columbia.
3310.  Special rules for leased buildings.
3311.  State administration of criminal and health and safety laws.
3312.  Compliance with nationally recognized codes.
3313.  Delegation.
3314.  Report to Congress.
3315.  Certain authority not affected.

Sec. 3301. Definitions and nonapplication

  (a) Definitions.--In this chapter--
          (1) Alter.--The term ``alter'' includes--
                  (A) preliminary planning, engineering, architectural, 
                legal, fiscal, and economic investigations and studies, 
                surveys, designs, plans, working drawings, 
                specifications, procedures, and other similar actions 
                necessary for the alteration of a public building; and
                  (B) repairing, remodeling, improving, or extending, or 
                other changes in, a public building.
          (2) Construct.--The term ``construct'' includes preliminary 
        planning, engineering, architectural, legal, fiscal, and 
        economic investigations and studies, surveys, designs, plans, 
        working drawings, specifications, procedures, and other similar 
        actions necessary for the construction of a public building.
          (3) Executive agency.-The term ``executive agency'' means an 
        executive department or independent establishment in the 
        executive branch of the Federal Government, including--
                  (A) any wholly owned Government corporation;
                  (B) the Central-Bank for Cooperatives and the regional 
                banks for cooperatives;
                  (C) federal land banks;
                  (D) federal intermediate credit banks;
                  (E) the Federal Deposit Insurance Corporation; and
                  (F) the Government National Mortgage Association.
          (4) Federal agency.--The term ``federal agency'' means an 
        executive agency or an establishment in the legislative or 
        judicial branch of the Government (except the Senate, the House 
        of Representatives, and the Architect of the Capitol and any 
        activities under the direction of the Architect).

[[Page 116 STAT. 1157]]

          (5) Public building.--The term ``public building''--
                  (A) means a building, whether for single or 
                multitenant occupancy, and its grounds, approaches, and 
                appurtenances, which is generally suitable for use as 
                office or storage space or both by one or more federal 
                agencies or mixed-ownership Government corporations;
                  (B) includes--
                        (i) federal office buildings;
                        (ii) post offices;
                        (iii) customhouses;
                        (iv) courthouses;
                        (v) appraisers stores;
                        (vi) border inspection facilities;
                        (vii) warehouses;
                        (viii) record centers;
                        (ix) relocation facilities;
                        (x) telecommuting centers;
                        (xi) similar federal facilities; and
                        (xii) any other buildings or construction 
                      projects the inclusion of which the President 
                      considers to be justified in the public interest; 
                      but
                  (C) does not include a building or construction 
                project described in subparagraphs (A) and (B)--
                        (i) that is on the public domain (including that 
                      reserved for national forests and other purposes);
                        (ii) that is on property of the Government in 
                      foreign countries;
                        (iii) that is on Indian and native Eskimo 
                      property held in trust by the Government;
                        (iv) that is on land used in connection with 
                      federal programs for agricultural, recreational, 
                      and conservation purposes, including research in 
                      connection with the programs;
                        (v) that is on or used in connection with river, 
                      harbor, flood control, reclamation or power 
                      projects, for chemical manufacturing or 
                      development projects, or for nuclear production, 
                      research, or development projects;
                        (vi) that is on or used in connection with 
                      housing and residential projects;
                        (vii) that is on military installations 
                      (including any fort, camp, post, naval training 
                      station, airfield, proving ground, military supply 
                      depot, military school, or any similar facility of 
                      the Department of Defense);
                        (viii) that is on installations of the 
                      Department of Veterans Affairs used for hospital 
                      or domiciliary purposes; or
                        (ix) the exclusion of which the President 
                      considers to be justified in the public interest.
          (6) United states.--The term ``United States'' includes the 
        States of the United States, the District of Columbia, Puerto 
        Rico, and the territories and possessions of the United States.

  (b) Nonapplication.--This chapter does not apply to the construction 
of any public building to which section 241(g) of the Immigration and 
Nationality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 
1930 (19 U.S.C. 68) applies.

[[Page 116 STAT. 1158]]

Sec. 3302. Prohibition on construction of buildings except by 
                        Administrator of General Services

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

Sec. 3303. Continuing investigation and survey of public buildings

  (a) Conducted by Administrator.--The Administrator of General Services 
shall--
          (1) make a continuing investigation and survey of the public 
        buildings needs of the Federal Government so that the 
        Administrator may carry out the duties of the Administrator 
        under this chapter; and
          (2) submit to Congress prospectuses of proposed projects in 
        accordance with section 3307(a) and (b) of this title.

  (b) Cooperation with Federal Agencies.--
          (1) Duties of administrator.--In carrying out the duties of 
        the Administrator under this chapter, the Administrator--
                  (A) shall cooperate with all federal agencies in order 
                to keep informed of their needs;
                  (B) shall advise each federal agency of the program 
                with respect to the agency; and
                  (C) may request the cooperation and assistance of each 
                federal agency in carrying out duties under this 
                chapter.
          (2) Duty of federal agencies.--Each federal agency shall 
        cooperate with, advise, and assist the Administrator in carrying 
        out the duties of the Administrator under this chapter as 
        determined necessary by the Administrator to carry out the 
        purposes of this chapter.

  (c) Request for Identification of Existing Buildings of Historical, 
Architectural, or Cultural Significance.--When the Administrator 
undertakes a survey of the public buildings needs of the Government 
within a geographical area, the Administrator shall request that, within 
60 days, the Advisory Council on Historic Preservation established by 
title II of the National Historic Preservation Act (16 U.S.C. 470i et 
seq.) identify any existing buildings in the geographical area that--
          (1) are of historical, architectural, or cultural significance 
        (as defined in section 3306(a) of this title); and
          (2) whether or not in need of repair, alteration, or addition, 
        would be suitable for acquisition to meet the public buildings 
        needs of the Government.

  (d) Standard for Construction and Acquisition of Public Buildings.--In 
carrying out the duties of the Administrator under this chapter, the 
Administrator shall provide for the construction and acquisition of 
public buildings equitably throughout the United States with due regard 
to the comparative urgency of the need for each particular building. In 
developing plans for new buildings, the Administrator shall give due 
consideration to excellence of architecture and design.

Sec. 3304. Acquisition of buildings and sites

  (a) In General.--The Administrator of General Services may acquire, by 
purchase, condemnation, donation, exchange, or otherwise, any building 
and its site which the Administrator decides

[[Page 116 STAT. 1159]]

is necessary to carry out the duties of the Administrator under this 
chapter.
  (b) Acquisition of Land or Interest in Land for Use as Sites.--The 
Administrator may acquire land or an interest in land the Administrator 
considers necessary for use as sites, or additions to sites, for public 
buildings authorized to be constructed or altered under this chapter.
  (c) Public Buildings Used for Post Office Purposes.--When any part of 
a public building is to be used for post office purposes, the 
Administrator shall act jointly with the United States Postal Service in 
selecting the town or city where the building is to be constructed, and 
in selecting the site in the town or city for the building.
  (d) Solicitation of Proposals for Sale, Donation, or Exchange of Real 
Property.--When the Administrator is to acquire a site under subsection 
(b), the Administrator, if the Administrator considers it necessary, by 
public advertisement may solicit proposals for the sale, donation, or 
exchange of real property to the Federal Government to be used as the 
site. In selecting a site under subsection (b) the Administrator (with 
the concurrence of the United States Postal Service if any part of the 
public building to be constructed on the site is to be used for post 
office purposes) may--
          (1) select the site that the Administrator believes is the 
        most advantageous to the Government, all factors considered; and
          (2) acquire the site without regard to title III of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 251 et seq.).

Sec. 3305. Construction and alteration of buildings

  (a) Construction.--
          (1) Replacement of existing buildings.--When the Administrator 
        of General Services considers it to be in the best interest of 
        the Federal Government to construct a new public building to 
        take the place of an existing public building, the Administrator 
        may demolish the existing building and use the site on which it 
        is located for the site of the proposed public building. If the 
        Administrator believes that it is more advantageous to construct 
        the public building on a different site in the same city, the 
        Administrator may exchange the building and site, or the site, 
        for another site, or may sell the building and site in 
        accordance with subtitle I of this title and title III of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 251 et seq.).
          (2) Sale or exchange of sites.--When the Administrator decides 
        that a site acquired for the construction of a public building 
        is not suitable for that purpose, the Administrator may exchange 
        the site for another site, or may sell it in accordance with 
        subtitle I of this title and title III of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
          (3) Committee approval required.--This subsection does not 
        permit the Administrator to use any land as a site for a public 
        building if the project has not been approved in accordance with 
        section 3307 of this title.

  (b) Alteration of Buildings.--

[[Page 116 STAT. 1160]]

          (1) Authority to alter buildings and acquire land.--The 
        Administrator may--
                  (A) alter any public building; and
                  (B) acquire in accordance with section 3304(b)-(d) of 
                this title land necessary to carry out the alteration.
          (2) Committee approval not required.--
                  (A) Threshold amount.--Approval under section 3307 of 
                this title is not required for any alteration and 
                acquisition authorized by this subsection for which the 
                estimated maximum cost does not exceed $1,500,000.
                  (B) Dollar amount adjustment.--The Administrator 
                annually may adjust the dollar amount referred to in 
                subparagraph (A) to reflect a percentage increase or 
                decrease in construction costs during the prior calendar 
                year, as determined by the composite index of 
                construction costs of the Department of Commerce. Any 
                adjustment shall be expeditiously reported to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives.

  (c) Construction or Alteration by Contract.--The Administrator may 
carry out any construction or alteration authorized by this chapter by 
contract if the Administrator considers it to be most advantageous to 
the Government.

Sec. 3306. Accommodating federal agencies

  (a) Definitions.--In this section--
          (1) Commercial activities.--The term ``commercial activities'' 
        includes the operations of restaurants, food stores, craft 
        stores, dry goods stores, financial institutions, and display 
        facilities.
          (2) Cultural activities.--The term ``cultural activities'' 
        includes film, dramatic, dance, and musical presentations, and 
        fine art exhibits, whether or not those activities are intended 
        to make a profit.
          (3) Educational activities.--The terms ``educational 
        activities'' includes the operations of libraries, schools, day 
        care centers, laboratories, and lecture and demonstration 
        facilities.
          (4) Historical, architectural, or cultural significance.--The 
        term ``historical, architectural, or cultural significance'' 
        includes buildings listed or eligible to be listed on the 
        National Register established under section 101 of the National 
        Historic Preservation Act (16 U.S.C. 470a).
          (5) Recreational activities.--The term ``recreational 
        activities'' includes the operations of gymnasiums and related 
        facilities.
          (6) Unit of general local government.--The term ``unit of 
        general local government'' means a city, county, town, parish, 
        village, or other general-purpose political subdivision of a 
        State.

  (b) Duties of Administrator.--To carry out the duties of the 
Administrator of General Services under sections 581(h), 584(b), 
3303(c), and 3307(b)(3) and (5) of this title and under any other 
authority with respect to constructing, operating, maintaining, 
altering, and otherwise managing or acquiring space necessary to 
accommodate federal agencies and to accomplish the purposes of sections 
581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the Administrator 
shall--

[[Page 116 STAT. 1161]]

          (1) acquire and utilize space in suitable buildings of 
        historical, architectural, or cultural significance, unless use 
        of the space would not prove feasible and prudent compared with 
        available alternatives;
          (2) encourage the location of commercial, cultural, 
        educational, and recreational facilities and activities in 
        public buildings;
          (3) provide and maintain space, facilities, and activities, to 
        the extent practicable, that encourage public access to, and 
        stimulate public pedestrian traffic around, into, and through, 
        public buildings, permitting cooperative improvements to and 
        uses of the area between the building and the street, so that 
        the activities complement and supplement commercial, cultural, 
        educational, and recreational resources in the neighborhood of 
        public buildings; and
          (4) encourage the public use of public buildings for cultural, 
        educational, and recreational activities.

  (c) Consultation and Solicitation of Comments.--In carrying out the 
duties under subsection (b), the Administrator shall--
          (1) consult with chief executive officers of the States, 
        areawide agencies established pursuant to title II of the 
        Demonstration Cities and Metropolitan Development Act of 1966 
        (42 U.S.C. 3331 et seq.) and section 6506 of title 31, and chief 
        executive officers of those units of general local government in 
        each area served by an existing or proposed public building; and
          (2) solicit the comments of other community leaders and 
        members of the general public as the Administrator considers 
        appropriate.

Sec. 3307. Congressional approval of proposed projects

  (a) Resolutions Required Before Appropriations May Be Made.--The 
following appropriations may be made only if the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives adopt 
resolutions approving the purpose for which the appropriation is made:
          (1) An appropriation to construct, alter, or acquire any 
        building to be used as a public building which involves a total 
        expenditure in excess of $1,500,000, so that the equitable 
        distribution of public buildings throughout the United States 
        with due regard for the comparative urgency of need for the 
        buildings, except as provided in section 3305(b) of this title, 
        is ensured.
          (2) An appropriation to lease any space at an average annual 
        rental in excess of $1,500,000 for use for public purposes.
          (3) An appropriation to alter any building, or part of the 
        building, which is under lease by the Federal Government for use 
        for a public purpose if the cost of the alteration will exceed 
        $750,000.

  (b) Transmission to Congress of Prospectus of Proposed Project.--To 
secure consideration for the approval referred to in subsection (a), the 
Administrator of General Services shall transmit to Congress a 
prospectus of the proposed facility, including--
          (1) a brief description of the building to be constructed, 
        altered, or acquired, or the space to be leased, under this 
        chapter;

[[Page 116 STAT. 1162]]

          (2) the location of the building or space to be leased and an 
        estimate of the maximum cost to the Government of the facility 
        to be constructed, altered, or acquired, or the space to be 
        leased;
          (3) a comprehensive plan for providing space for all 
        Government officers and employees in the locality of the 
        proposed facility or the space to be leased, having due regard 
        for suitable space which may continue to be available in 
        existing Government-owned or occupied buildings, especially 
        those buildings that enhance the architectural, historical, 
        social, cultural, and economic environment of the locality;
          (4) with respect to any project for the construction, 
        alteration, or acquisition of any building, a statement by the 
        Administrator that suitable space owned by the Government is not 
        available and that suitable rental space is not available at a 
        price commensurate with that to be afforded through the proposed 
        action;
          (5) a statement by the Administrator of the economic and other 
        justifications for not acquiring a building identified to the 
        Administrator under section 3303(c) of this title as suitable 
        for the public building needs of the Government; and
          (6) a statement of rents and other housing costs currently 
        being paid by the Government for federal agencies to be housed 
        in the building to be constructed, altered, or acquired, or the 
        space to be leased.

  (c) Increase of Estimated Maximum Cost.--The estimated maximum cost of 
any project approved under this section as set forth in any prospectus 
may be increased by an amount equal to any percentage increase, as 
determined by the Administrator, in construction or alteration costs 
from the date the prospectus is transmitted to Congress. The increase 
authorized by this subsection may not exceed 10 percent of the estimated 
maximum cost.
  (d) Rescission of Approval.--If an appropriation is not made within 
one year after the date a project for construction, alteration, or 
acquisition is approved under subsection (a), the Committee on 
Environment and Public Works of the Senate or the Committee on 
Transportation and Infrastructure of the House of Representatives by 
resolution may rescind its approval before an appropriation is made.
  (e) Emergency Leases by the Administrator.--This section does not 
prevent the Administrator from entering into emergency leases during any 
period declared by the President to require emergency leasing authority. 
An emergency lease may not be for more than 180 days without approval of 
a prospectus for the lease in accordance with subsection (a).
  (f) Limitation on Leasing Certain Space.--
          (1) In general.--The Administrator may not lease space to 
        accommodate any of the following if the average rental cost of 
        leasing the space will exceed $1,500,000:
                  (A) Computer and telecommunications operations.
                  (B) Secure or sensitive activities related to the 
                national defense or security, except when it would be 
                inappropriate to locate those activities in a public 
                building or other facility identified with the 
                Government.
                  (C) A permanent courtroom, judicial chamber, or 
                administrative office for any United States court.

[[Page 116 STAT. 1163]]

          (2) Exception.--The Administrator may lease space with respect 
        to which paragraph (1) applies if the Administrator--
                  (A) decides, for reasons set forth in writing, that 
                leasing the space is necessary to meet requirements 
                which cannot be met in public buildings; and
                  (B) submits the reasons to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.

  (g) Dollar Amount Adjustment.--The Administrator annually may adjust 
any dollar amount referred to in this section to reflect a percentage 
increase or decrease in construction costs during the prior calendar 
year, as determined by the composite index of construction costs of the 
Department of Commerce. Any adjustment shall be expeditiously reported 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

Sec. 3308. Architectural or engineering services

  (a) Employment by Administrator.--When the Administrator of General 
Services decides it to be necessary, the Administrator may employ, by 
contract or otherwise, without regard to chapters 33 and 51 and 
subchapter III of chapter 53 of title 5, civil service rules and 
regulations, or section 3709 of the Revised Statutes (41 U.S.C. 5), the 
services of established architectural or engineering corporations, 
firms, or individuals, to the extent the Administrator may require those 
services for any public building authorized to be constructed or altered 
under this chapter.
  (b) Employment on Permanent Basis Not Permitted.--A corporation, firm, 
or individual shall not be employed under authority of subsection (a) on 
a permanent basis.
  (c) Responsibility of Administrator.--Notwithstanding any other 
provision of this section, the Administrator is responsible for all 
construction authorized by this chapter, including the interpretation of 
construction contracts, approval of material and workmanship supplied 
under a construction contract, approval of changes in the construction 
contract, certification of vouchers for payments due the contractor, and 
final settlement of the contract.

Sec. 3309. Buildings and sites in the District of Columbia

  (a) In General.--The purposes of this chapter shall be carried out in 
the District of Columbia as nearly as may be practicable in harmony with 
the plan of Peter Charles L'Enfant. Public buildings shall be 
constructed or altered to combine architectural beauty with practical 
utility.
  (b) Closing of Streets and Alleys.--When the Administrator of General 
Services decides that constructing or altering a public building under 
this chapter in the District of Columbia requires using contiguous 
squares as a site for the building, parts of streets that lie between 
the squares, and alleys that intersect the squares, may be closed and 
vacated if agreed to by the Administrator, the Council of the District 
of Columbia, and the National Capital Planning Commission. Those streets 
and alleys become part of the site.
  (c) Consultations Prior to Acquisitions.--
          (1) With house office building commission.--The Administrator 
        must consult with the House Office Building Commission

[[Page 116 STAT. 1164]]

        created by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), 
        before the Administrator may acquire land located south of 
        Independence Avenue, between Third Street SW and Eleventh Street 
        SE, in the District of Columbia, for use as a site or an 
        addition to a site.
          (2) With architect of capitol.--The Administrator must consult 
        with the Architect of the Capitol before the Administrator may 
        acquire land located in the area extending from the United 
        States Capitol Grounds to Eleventh Street NE and SE and bounded 
        by Independence Avenue on the south and G Street NE on the 
        north, in the District of Columbia, for use as a site or an 
        addition to a site.

  (d) Contracts for Events in Stadium.--Notwithstanding the District of 
Columbia Stadium Act of 1957 (Public Law 85-300, 71 Stat. 619) or any 
other provision of law, the Armory Board may make contracts to conduct 
events in Robert F. Kennedy Stadium.

Sec. 3310. Special rules for leased buildings

  For any building to be constructed for lease to, and for predominant 
use by, the Federal Government, the Administrator of General Services--
          (1) notwithstanding section 585(a)(1) of this title, shall not 
        make any agreement or undertake any commitment which will result 
        in the construction of the building until the Administrator has 
        established detailed specification requirements for the 
        building;
          (2) may acquire a leasehold interest in the building only by 
        the use of competitive procedures required by section 303 of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 253);
          (3) shall inspect every building during construction to 
        establish that the specifications established for the building 
        are complied with;
          (4) on completion of the building, shall evaluate the building 
        to determine the extent of failure to comply with the 
        specifications referred to in clause (1); and
          (5) shall ensure that any contract entered into for the 
        building shall contain provisions permitting a reduction of rent 
        during any period when the building is not in compliance with 
        the specifications.

Sec. 3311. State administration of criminal and health and safety laws

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

[[Page 116 STAT. 1165]]

Sec. 3312. Compliance with nationally recognized codes

  (a) Application.--
          (1) In general.--This section applies to any project for 
        construction or alteration of a building for which amounts are 
        first appropriated for a fiscal year beginning after September 
        30, 1989.
          (2) National security waiver.--This section does not apply to 
        a building for which the Administrator of General Services or 
        the head of the federal agency authorized to construct or alter 
        the building decides that the application of this section to the 
        building would adversely affect national security. A decision 
        under this subsection is not subject to administrative or 
        judicial review.

  (b) Building Codes.--Each building constructed or altered by the 
General Services Administration or any other federal agency shall be 
constructed or altered, to the maximum extent feasible as determined by 
the Administrator or the head of the federal agency, in compliance with 
one of the nationally recognized model building codes and with other 
applicable nationally recognized codes, including electrical codes, fire 
and life safety codes, and plumbing codes, as the Administrator decides 
is appropriate. In carrying out this subsection, the Administrator or 
the head of the federal agency shall use the latest edition of the 
nationally recognized codes.
  (c) Zoning Laws.--Each building constructed or altered by the 
Administration or any other federal agency shall be constructed or 
altered only after consideration of all requirements (except procedural 
requirements) of the following laws of a State or a political 
subdivision of a State, which would apply to the building if it were not 
a building constructed or altered by a federal agency:
          (1) Zoning laws.
          (2) Laws relating to landscaping, open space, minimum distance 
        of a building from the property line, maximum height of a 
        building, historic preservation, esthetic qualities of a 
        building, and other similar laws.

  (d) Cooperation With State and Local Officials.--
          (1) State and local government consultation, review, and 
        inspections.--To meet the requirements of subsections (b) and 
        (c), the Administrator or the head of the federal agency 
        authorized to construct or alter the building--
                  (A) in preparing plans for the building, shall consult 
                with appropriate officials of the State or political 
                subdivision of a State, or both, in which the building 
                will be located;
                  (B) on request shall submit the plans in a timely 
                manner to the officials for review by the officials for 
                a reasonable period of time not exceeding 30 days; and
                  (C) shall permit inspection by the officials during 
                construction or alteration of the building, in 
                accordance with the customary schedule of inspections 
                for construction or alteration of buildings in the 
                locality, if the officials provide to the Administrator 
                or the head of the federal agency--
                        (i) a copy of the schedule before construction 
                      of the building is begun; and
                        (ii) reasonable notice of their intention to 
                      conduct any inspection before conducting the 
                      inspection.

[[Page 116 STAT. 1166]]

          (2) Limitation on responsibilities.--This section does not 
        impose an obligation on any State or political subdivision to 
        take any action under paragraph (1).

  (e) State and Local Government Recommendations.--Appropriate officials 
of a State or political subdivision of a State may make recommendations 
to the Administrator or the head of the federal agency authorized to 
construct or alter a building concerning measures necessary to meet the 
requirements of subsections (b) and (c). The officials also may make 
recommendations to the Administrator or the head of the federal agency 
concerning measures which should be taken in the construction or 
alteration of the building to take into account local conditions. The 
Administrator or the head of the agency shall give due consideration to 
the recommendations.
  (f) Effect of Noncompliance.--An action may not be brought against the 
Federal Government and a fine or penalty may not be imposed against the 
Government for failure to meet the requirements of subsection (b), (c), 
or (d) or for failure to carry out any recommendation under subsection 
(e).
  (g) Limitation on Liability.--The Government and its contractors shall 
not be required to pay any amount for any action a State or a political 
subdivision of a State takes to carry out this section, including 
reviewing plans, carrying out on-site inspections, issuing building 
permits, and making recommendations.

Sec. 3313. Delegation

  (a) When Allowed.--Except for the authority contained in section 
3305(b) of this title, the carrying out of the duties and powers of the 
Administrator of General Services under this chapter, in accordance with 
standards the Administrator prescribes--
          (1) shall be delegated on request to the appropriate executive 
        agency when the estimated cost of the project does not exceed 
        $100,000; and
          (2) may be delegated to the appropriate executive agency when 
        the Administrator determines that delegation will promote 
        efficiency and economy.

  (b) No Exemption From Other Provisions of Chapter.--Delegation under 
subsection (a) does not exempt the person to whom the delegation is 
made, or the carrying out of the delegated duty or power, from any other 
provision of this chapter.

Sec. 3314. Report to Congress

  (a) Request by Either House of Congress or Any Committee.--Within a 
reasonable time after a request of either House of Congress or any 
committee of Congress, the Administrator of General Services shall 
submit a report showing the location, space, cost, and status of each 
public building the construction, alteration, or acquisition of which--
          (1) is to be under authority of this chapter; and
          (2) was uncompleted as of the date of the request, or as of 
        another date the request may designate.

  (b) Request of Committee on Public Works and Environment or Committee 
on Transportation and Infrastructure.--The Administrator and the United 
States Postal Service shall make building project surveys requested by 
resolution by the Committee on Environment and Public Works of the 
Senate or the Committee

[[Page 116 STAT. 1167]]

on Transportation and Infrastructure of the House of Representatives, 
and within a reasonable time shall make a report on the survey to 
Congress. The report shall contain all other information required to be 
included in a prospectus of the proposed public building project under 
section 3307(b) of this title.

Sec. 3315. Certain authority not affected

  This chapter does not limit or repeal the authority conferred by law 
on the United States Postal Service.

                  CHAPTER 35--NON-FEDERAL PUBLIC WORKS

Sec.
3501.  Definitions.
3502.  Planned public works.
3503.  Revolving fund.
3504.  Surveys of public works planning.
3505.  Forgiveness of outstanding advances.

Sec. 3501. Definitions

  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.

Sec. 3502. Planned public works

  (a) Advances To Ensure Planning.--Notwithstanding section 3324(a) and 
(b) of title 31, the Secretary of Housing and Urban Development may make 
advances to public agencies and Indian tribes--
          (1) to encourage public agencies and Indian tribes to maintain 
        at all times a current and adequate reserve of planned public 
        works the construction of which can rapidly be commenced, 
        particularly when the national or local economic situation makes 
        that action desirable; and
          (2) to help attain maximum economy and efficiency in the 
        planning and construction of public works.

  (b) Uses of Advances.--A public agency or Indian tribe shall use an 
advance under subsection (a) to aid in financing the cost of feasibility 
studies, engineering and architectural surveys, designs, plans, working 
drawings, specifications, or other action preliminary to and in 
preparation for the construction of public works, and for construction 
in connection with the development of a medical center, a general plan 
for the development of the center.
  (c) No Future Commitment.--An advance under subsection (a) does not 
commit the Congress to appropriate amounts to assist in financing the 
construction of any public works planned with the aid of that advance. 
Outstanding advances to public agencies and Indian tribes in a State 
shall not exceed 12.5 percent of the aggregate then authorized to be 
appropriated to the revolving fund established under section 3503 of 
this title.

[[Page 116 STAT. 1168]]

  (d) Requirements for Advances.--An advance shall not be made under 
subsection (a) for an individual project (including a regional, 
metropolitan, or other areawide project) unless--
          (1) the project is planned to be constructed within or over a 
        reasonable period of time considering the nature of the project;
          (2) the project conforms to an overall state, local, or 
        regional plan approved by a competent state, local, or regional 
        authority; and
          (3) the public agency or Indian tribe formally contracts with 
        the Federal Government to complete the plan preparation promptly 
        and to repay part or all of the advance when due.

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

Sec. 3503. Revolving fund

  (a) Establishment.--There is a revolving fund established by the 
Secretary of Housing and Urban Development to provide amounts for 
advances under this chapter. The fund comprises amounts appropriated 
under this chapter and all repayments and other receipts received in 
connection with advances made under this chapter.
  (b) Authorizations.--Not more than $70,000,000 may be appropriated to 
the revolving fund as necessary to carry out the purposes of this 
chapter.

Sec. 3504. Surveys of public works planning

  The Secretary of Housing and Urban Development may use during a fiscal 
year not more than $100,000 of the amount in the revolving fund 
established under section 3503 of this title to conduct surveys of the 
status and current volume of state and local public works planning and 
surveys of estimated requirements for state and local public works. In 
conducting a survey, the Secretary, may use or act through any 
department or agency of the Federal Government, with the consent of the 
department or agency.

Sec. 3505. Forgiveness of outstanding advances

  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.

          CHAPTER 37--CONTRACT WORK HOURS AND SAFETY STANDARDS

Sec.
3701.  Definition and application.
3702.  Work hours.
3703.  Report of violations and withholding of amounts for unpaid wages 
           and liquidated damages.
3704.  Health and safety standards in building trades and construction 
           industry.
3705.  Safety programs.
3706.  Limitations, variations, tolerances, and exemptions.
3707.  Contractor certification or contract clause in acquisition of 
           commercial items not required.
3708.  Criminal penalties.

[[Page 116 STAT. 1169]]

Sec. 3701. Definition and application

  (a) Definition.--In this chapter, the term ``Federal Government'' has 
the same meaning that the term ``United States'' had in the Contract 
Work Hours and Safety Standards Act (Public Law 87-581, 76 Stat. 357).
  (b) Application.--
          (1) Contracts.--This chapter applies to--
                  (A) any contract that may require or involve the 
                employment of laborers or mechanics on a public work of 
                the Federal Government, a territory of the United 
                States, or the District of Columbia; and
                  (B) any other contract that may require or involve the 
                employment of laborers or mechanics if the contract is 
                one--
                        (i) to which the Government, an agency or 
                      instrumentality of the Government, a territory, or 
                      the District of Columbia is a party;
                        (ii) which is made for or on behalf of the 
                      Government, an agency or instrumentality, a 
                      territory, or the District of Columbia; or
                        (iii) which is a contract for work financed at 
                      least in part by loans or grants from, or loans 
                      insured or guaranteed by, the Government or an 
                      agency or instrumentality under any federal law 
                      providing wage standards for the work.
          (2) Laborers and mechanics.--This chapter applies to all 
        laborers and mechanics employed by a contractor or subcontractor 
        in the performance of any part of the work under the contract--
                  (A) including watchmen, guards, and workers performing 
                services in connection with dredging or rock excavation 
                in any river or harbor of the United States, a 
                territory, or the District of Columbia; but
                  (B) not including an employee employed as a seaman.
          (3) Exceptions.--
                  (A) This chapter.--This chapter does not apply to--
                        (i) a contract for--
                                  (I) transportation by land, air, or 
                                water;
                                  (II) the transmission of intelligence; 
                                or
                                  (III) the purchase of supplies or 
                                materials or articles ordinarily 
                                available in the open market;
                        (ii) any work required to be done in accordance 
                      with the provisions of the Walsh-Healey Act (41 
                      U.S.C. 35 et seq.); and
                        (iii) a contract in an amount that is not 
                      greater than $100,000.
                  (B) Section 3902.--Section 3902 of this title does not 
                apply to work where the assistance described in 
                subsection (a)(2)(C) from the Government or an agency or 
                instrumentality is only a loan guarantee or insurance.

Sec. 3702. Work hours

  (a) Standard Workweek.--The wages of every laborer and mechanic 
employed by any contractor or subcontractor in the performance of work 
on a contract described in section 3701 of this title shall be computed 
on the basis of a standard workweek of 40 hours. Work in excess of the 
standard workweek is permitted

[[Page 116 STAT. 1170]]

subject to this section. For each workweek in which the laborer or 
mechanic is so employed, wages include compensation, at a rate not less 
than one and one-half times the basic rate of pay, for all hours worked 
in excess of 40 hours in the workweek.
  (b) Contract Requirements.--A contract described in section 3701 of 
this title, and any obligation of the Federal Government, a territory of 
the United States, or the District of Columbia in connection with that 
contract, must provide that--
          (1) a contractor or subcontractor contracting for any part of 
        the contract work which may require or involve the employment of 
        laborers or mechanics shall not require or permit any laborer or 
        mechanic, in any workweek in which the laborer or mechanic is 
        employed on that work, to work more than 40 hours in that 
        workweek, except as provided in this chapter; and
          (2) when a violation of clause (1) occurs, the contractor and 
        any subcontractor responsible for the violation are liable--
                  (A) to the affected employee for the employee's unpaid 
                wages; and
                  (B) to the Government, the District of Columbia, or a 
                territory for liquidated damages as provided in the 
                contract.

  (c) Liquidated Damages.--Liquidated damages under subsection (b)(2)(B) 
shall be computed for each individual employed as a laborer or mechanic 
in violation of this chapter and shall be equal to $10 for each calendar 
day on which the individual was required or permitted to work in excess 
of the standard workweek without payment of the overtime wages required 
by this chapter.
  (d) Amounts Withheld to Satisfy Liabilities.--Subject to section 3703 
of this title, the governmental agency for which the contract work is 
done or which is providing financial assistance for the work may 
withhold, or have withheld, from money payable because of work performed 
by a contractor or subcontractor, amounts administratively determined to 
be necessary to satisfy the liabilities of the contractor or 
subcontractor for unpaid wages and liquidated damages as provided in 
this section.

Sec. 3703. Report of violations and withholding of amounts for unpaid 
                        wages and liquidated damages

  (a) Reports of Inspectors.--An officer or individual designated as an 
inspector of the work to be performed under a contract described in 
section 3701 of this title, or to aid in the enforcement or fulfillment 
of the contract, on observation or after investigation immediately shall 
report to the proper officer of the Federal Government, a territory of 
the United States, or the District of Columbia all violations of this 
chapter occurring in the performance of the work, together with the name 
of each laborer or mechanic who was required or permitted to work in 
violation of this chapter and the day the violation occurred.
  (b) Withholding Amounts.--
          (1) Determining amount.--The amount of unpaid wages and 
        liquidated damages owing under this chapter shall be determined 
        administratively.
          (2) Amount directed to be withheld.--The officer or individual 
        whose duty it is to approve the payment of money by the 
        Government, territory, or District of Columbia in connection 
        with the performance of the contract work shall direct the 
        amount of--

[[Page 116 STAT. 1171]]

                  (A) liquidated damages to be withheld for the use and 
                benefit of the Government, territory, or District; and
                  (B) unpaid wages to be withheld for the use and 
                benefit of the laborers and mechanics who were not 
                compensated as required under this chapter.
          (3) Payment.--The Comptroller General shall pay the amount 
        administratively determined to be due directly to the laborers 
        and mechanics from amounts withheld on account of underpayments 
        of wages if the amount withheld is adequate. If the amount 
        withheld is not adequate, the Comptroller General shall pay an 
        equitable proportion of the amount due.

  (c) Right of Action and Intervention Against Contractors and 
Sureties.--If the accrued payments withheld under the terms of the 
contract are insufficient to reimburse all the laborers and mechanics 
who have not been paid the wages required under this chapter, the 
laborers and mechanics, in the case of a department or agency of the 
Government, have the same right of action and intervention against the 
contractor and the contractor's sureties as is conferred by law on 
persons furnishing labor or materials. In those proceedings it is not a 
defense that the laborers and mechanics accepted or agreed to accept 
less than the required rate of wages or voluntarily made refunds.
  (d) Review Process.--
          (1) Time limit for appeal.--Within 60 days after an amount is 
        withheld as liquidated damages, any contractor or subcontractor 
        aggrieved by the withholding may appeal to the head of the 
        agency of the Government or territory for which the contract 
        work is done or which is providing financial assistance for the 
        work, or to the Mayor of the District of Columbia in the case of 
        liquidated damages withheld for the use and benefit of the 
        District.
          (2) Review by agency head or mayor.--The agency head or Mayor 
        may review the administrative determination of liquidated 
        damages. The agency head or Mayor may issue a final order 
        affirming the determination or may recommend to the Secretary of 
        Labor that an appropriate adjustment in liquidated damages be 
        made, or that the contractor or subcontractor be relieved of 
        liability for the liquidated damages, if it is found that the 
        amount is incorrect or that the contractor or subcontractor 
        violated this chapter inadvertently, notwithstanding the 
        exercise of due care by the contractor or subcontractor and the 
        agents of the contractor or subcontractor.
          (3) Review by secretary.--The Secretary shall review all 
        pertinent facts in the matter and may conduct any investigation 
        the Secretary considers necessary in order to affirm or reject 
        the recommendation. The decision of the Secretary is final.
          (4) Judicial action.--A contractor or subcontractor aggrieved 
        by a final order for the withholding of liquidated damages may 
        file a claim in the United States Court of Federal Claims within 
        60 days after the final order. A final order of the agency head, 
        Mayor, or Secretary is conclusive with respect to findings of 
        fact if supported by substantial evidence.

  (e) Applicability of Other Laws.--
          (1) Reorganization plan.--Reorganization Plan Numbered 14 of 
        1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.

[[Page 116 STAT. 1172]]

          (2) Section 3145.--Section 3145 of this title applies to 
        contractors and subcontractors referred to in section 3145 who 
        are engaged in the performance of contracts subject to this 
        chapter.

Sec. 3704. Health and safety standards in building trades and 
                        construction industry

  (a) Condition of Contracts.--
          (1) In general.--Each contract in an amount greater than 
        $100,000 that is entered into under legislation subject to 
        Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 
        Stat. 1267) and is for construction, alteration, and repair, 
        including painting and decorating, must provide that no 
        contractor or subcontractor contracting for any part of the 
        contract work shall require any laborer or mechanic employed in 
        the performance of the contract to work in surroundings or under 
        working conditions that are unsanitary, hazardous, or dangerous 
        to health or safety, as established under construction safety 
        and health standards the Secretary of Labor prescribes by 
        regulation based on proceedings pursuant to section 553 of title 
        5, provided that the proceedings include a hearing similar in 
        nature to that authorized by section 553.
          (2) Consultation.--In formulating standards under this 
        section, the Secretary shall consult with the Advisory Committee 
        created by subsection (d) of this section.

  (b) Compliance.--
          (1) Actions to gain compliance.--The Secretary may make 
        inspections, hold hearings, issue orders, and make decisions 
        based on findings of fact as the Secretary considers necessary 
        to gain compliance with this section and any health and safety 
        standard the Secretary prescribes under subsection (a). For 
        those purposes the Secretary and the United States district 
        courts have the authority and jurisdiction provided by sections 
        4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).
          (2) Remedy when noncompliance found.--When the Secretary, 
        after an opportunity for an adjudicatory hearing by the 
        Secretary, establishes noncompliance under this section of any 
        condition of a contract described in--
                  (A) section 3701(b)(1)(B)(i) or (ii) of this title, 
                the governmental agency for which the contract work is 
                done may cancel the contract and make other contracts 
                for the completion of the contract work, charging any 
                additional cost to the original contractor; or
                  (B) section 3701(b)(1)(B)(iii) of this title, the 
                governmental agency which is providing the financial 
                guarantee, assistance, or insurance for the contract 
                work may withhold the guarantee, assistance, or 
                insurance attributable to the performance of the 
                contract.
          (3) Nonapplicability.--Section 3703 of this title does not 
        apply to the enforcement of this section.

  (c) Repeated Violations.--
          (1) Transmittal of names of repeat violators to comptroller 
        general.--When the Secretary, after an opportunity for an agency 
        hearing, decides on the record that, by repeated willful or 
        grossly negligent violations of this chapter, a contractor or 
        subcontractor has demonstrated that subsection (b) is not 
        effective to protect the safety and health of the employees of 
        the contractor or subcontractor, the Secretary shall make

[[Page 116 STAT. 1173]]

        a finding to that effect and, not sooner than 30 days after
giving notice of the finding to all interested persons, shall transmit 
the name of the contractor or subcontractor to the Comptroller General.
          (2) Ban on awarding contracts.--The Comptroller General shall 
        distribute each name transmitted under paragraph (1) to all 
        agencies of the Federal Government. Unless the Secretary 
        otherwise recommends, the contractor, subcontractor, or any 
        person in which the contractor or subcontractor has a 
        substantial interest may not be awarded a contract subject to 
        this section until three years have elapsed from the date the 
        name is transmitted to the Comptroller General. The Secretary 
        shall terminate the ban if, before the end of the three-year 
        period, the Secretary, after affording interested persons due 
        notice and an opportunity for a hearing, is satisfied that a 
        contractor or subcontractor whose name was transmitted to the 
        Comptroller General will comply responsibly with the 
        requirements of this section. The Comptroller General shall 
        inform all Government agencies after being informed of the 
        Secretary's action.
          (3) Judicial review.--A person aggrieved by the Secretary's 
        action under this subsection or subsection (b) may file with the 
        appropriate United States court of appeals a petition for review 
        of the Secretary's action within 60 days after receiving notice 
        of the Secretary's action. The clerk of the court immediately 
        shall send a copy of the petition to the Secretary. The 
        Secretary then shall file with the court the record on which the 
        action is based. The findings of fact by the Secretary, if 
        supported by substantial evidence, are final. The court may 
        enter a decree enforcing, modifying, modifying and enforcing, or 
        setting aside any part of, the order of the Secretary or the 
        appropriate Government agency. The judgment of the court may be 
        reviewed by the Supreme Court as provided in section 1254 of 
        title 28.

  (d) Advisory Committee on Construction Safety and Health.--
          (1) Establishment.--There is an Advisory Committee on 
        Construction Safety and Health in the Department of Labor.
          (2) Composition.--The Committee is composed of nine members 
        appointed by the Secretary, without regard to chapter 33 of 
        title 5, as follows:
                  (A) Three members shall be individuals representative 
                of contractors to whom this section applies.
                  (B) Three members shall be individuals representative 
                of employees primarily in the building trades and 
                construction industry engaged in carrying out contracts 
                to which this section applies.
                  (C) Three members shall be public representatives who 
                shall be selected on the basis of their professional and 
                technical competence and experience in the construction 
                health and safety field.
          (3) Chairman.--The Secretary shall appoint one member as 
        Chairman.
          (4) Duties.--The Committee shall advise the Secretary--
                  (A) in formulating construction safety and health 
                standards and other regulations; and
                  (B) on policy matters arising in carrying out this 
                section.

[[Page 116 STAT. 1174]]

          (5) Experts and consultants.--The Secretary may appoint 
        special advisory and technical experts or consultants as may be 
        necessary to carry out the functions of the Committee.
          (6) Compensation and expenses.--Committee members are entitled 
        to receive compensation at rates the Secretary fixes, but not 
        more than $100 a day, including traveltime, when performing 
        Committee business, and expenses under section 5703 of title 5.

Sec. 3705. Safety programs

  The Secretary of Labor shall--
          (1) provide for the establishment and supervision of programs 
        for the education and training of employers and employees in the 
        recognition, avoidance, and prevention of unsafe working 
        conditions in employment covered by this chapter; and
          (2) collect reports and data and consult with and advise 
        employers as to the best means of preventing injuries.

Sec. 3706. Limitations, variations, tolerances, and exemptions

  The Secretary of Labor may provide reasonable limitations to, and may 
prescribe regulations allowing reasonable variations to, tolerances 
from, and exemptions from, this chapter that the Secretary may find 
necessary and proper in the public interest to prevent injustice or 
undue hardship or to avoid serious impairment of the conduct of Federal 
Government business.

Sec. 3707. Contractor certification or contract clause in acquisition of 
                        commercial items not required

  In a contract to acquire a commercial item (as defined in section 4 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a 
certification by a contractor or a contract clause may not be required 
to implement a prohibition or requirement in this chapter.

Sec. 3708. Criminal penalties

  A contractor or subcontractor having a duty to employ, direct, or 
control a laborer or mechanic employed in the performance of work 
contemplated by a contract to which this chapter applies that 
intentionally violates this chapter shall be fined under title 18, 
imprisoned for not more than six months, or both.

                      PART B--UNITED STATES CAPITOL

         CHAPTER 51--UNITED STATES CAPITOL BUILDINGS AND GROUNDS

Sec.
5101.  Definition.
5102.  Legal description and jurisdiction of United States Capitol 
           Grounds.
5103.  Restrictions on public use of United States Capitol Grounds.
5104.  Unlawful activities.
5105.  Assistance to authorities by Capitol employees.
5106.  Suspension of prohibitions.
5107.  Concerts on grounds.
5108.  Audit of private organizations.
5109.  Penalties.

Sec. 5101. Definition

  In this chapter, the term ``Capitol Buildings'' means the United 
States Capitol, the Senate and House Office Buildings and garages,

[[Page 116 STAT. 1175]]

the Capitol Power Plant, all subways and enclosed passages connecting 
two or more of those structures, and the real property underlying and 
enclosed by any of those structures.

Sec. 5102. Legal description and jurisdiction of United States Capitol 
                        Grounds

  (a) Legal Description.--The United States Capitol Grounds comprises 
all squares, reservations, streets, roadways, walks, and other areas as 
defined on a map entitled ``Map showing areas comprising United States 
Capitol Grounds'', dated June 25, 1946, approved by the Architect of the 
Capitol, and recorded in the Office of the Surveyor of the District of 
Columbia in book 127, page 8, including all additions added by law after 
June 25, 1946.
  (b) Jurisdiction.--
          (1) Architect of the capitol.--The jurisdiction and control 
        over the Grounds, vested prior to July 31, 1946, by law in the 
        Architect, is extended to the entire area of the Grounds. Except 
        as provided in paragraph (2), the Architect is responsible for 
        the maintenance and improvement of the Grounds, including those 
        streets and roadways in the Grounds as shown on the map referred 
        to in subsection (a) as being under the jurisdiction and control 
        of the Commissioners of the District of Columbia.
          (2) Mayor of the district of columbia.--
                  (A) In general.--The Mayor of the District of Columbia 
                is responsible for the maintenance and improvement of 
                those portions of the following streets which are 
                situated between the curblines of those streets: 
                Constitution Avenue from Second Street Northeast to 
                Third Street Northwest, First Street from D Street 
                Northeast to D Street Southeast, D Street from First 
                Street Southeast to Washington Avenue Southwest, and 
                First Street from the north side of
Louisiana Avenue to the intersection of C Street and Washington Avenue 
Southwest, Pennsylvania Avenue Northwest from First Street Northwest to 
Third Street Northwest, Maryland Avenue Southwest from First Street 
Southwest to Third Street Southwest, Second Street Northeast from F 
Street Northeast to C Street Southeast; C Street Southeast from Second 
Street Southeast to First Street Southeast; that portion of Maryland 
Avenue Northeast from Second Street Northeast to First Street Northeast; 
that portion of New Jersey Avenue Northwest from D Street Northwest to 
Louisiana Avenue; that portion of Second Street Southwest from the north 
curb of D Street to the south curb of Virginia Avenue Southwest; that 
portion of Virginia Avenue Southwest from the east curb of Second Street 
Southwest to the west curb of Third Street Southwest; that portion of 
Third Street Southwest from the south curb of Virginia Avenue Southwest 
to the north curb of D Street Southwest; that portion of D Street 
Southwest from the west curb of Third Street Southwest to the east curb 
of Second Street Southwest; that portion of Washington Avenue Southwest, 
including sidewalks and traffic islands, from the south curb of 
Independence Avenue Southwest to the west curb of South Capitol Street.
                  (B) Repair and maintenance of utility services.--The 
                Mayor may enter any part of the Grounds to repair or 
                maintain or, subject to the approval of the Architect,

[[Page 116 STAT. 1176]]

                construct or alter, any utility service of the District 
                of Columbia Government.

Sec. 5103. Restrictions on public use of United States Capitol Grounds

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

Sec. 5104. Unlawful activities

  (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) 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,

[[Page 116 STAT. 1177]]

                      on the Grounds or in any of the Capitol Buildings; 
                      or
                        (iii) may not transport on the Grounds or in any 
                      of the Capitol Buildings explosives or an 
                      incendiary device; or
                  (B) may not knowingly, with force and violence, enter 
                or remain on the floor of either House of Congress.
          (2) Violent entry and disorderly conduct.--An individual or 
        group of individuals may not willfully and knowingly--
                  (A) enter or remain on the floor of either House of 
                Congress or in any cloakroom or lobby adjacent to that 
                floor, in the Rayburn Room of the House of 
                Representatives, or in the Marble Room of the Senate, 
                unless authorized to do so pursuant to rules adopted, or 
                an authorization given, by that House;
                  (B) enter or remain in the gallery of either House of 
                Congress in violation of rules governing admission to 
                the gallery adopted by that House or pursuant to an 
                authorization given by that House;
                  (C) with the intent to disrupt the orderly conduct of 
                official business, enter or remain in a room in any of 
                the Capitol Buildings set aside or designated for the 
                use of either House of Congress or a Member, committee, 
                officer, or employee of Congress or either House of 
                Congress;
                  (D) utter loud, threatening, or abusive language, or 
                engage in disorderly or disruptive conduct, at any place 
                in the Grounds or in any of the Capitol Buildings with 
                the intent to impede, disrupt, or disturb the orderly 
                conduct of a session of Congress or either House of 
                Congress, or the orderly conduct in that building of a 
                hearing before, or any deliberations of, a committee of 
                Congress or either House of Congress;
                  (E) obstruct, or impede passage through or within, the 
                Grounds or any of the Capitol Buildings;
                  (F) engage in an act of physical violence in the 
                Grounds or any of the Capitol Buildings; or
                  (G) parade, demonstrate, or picket in any of the 
                Capitol Buildings.
          (3) Exemption of government officials.--This subsection does 
        not prohibit any act performed in the lawful discharge of 
        official duties by--
                  (A) a Member of Congress;
                  (B) an employee of a Member of Congress;
                  (C) an officer or employee of Congress or a committee 
                of Congress; or
                  (D) an officer or employee of either House of Congress 
                or a committee of that House.

  (f) Parades, Assemblages, and Display of Flags.--Except as provided in 
section 5106 of this title, a person may not--
          (1) parade, stand, or move in processions or assemblages in 
        the Grounds; or
          (2) display in the Grounds a flag, banner, or device designed 
        or adapted to bring into public notice a party, organization, or 
        movement.

[[Page 116 STAT. 1178]]

Sec. 5105. Assistance to authorities by Capitol employees

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

Sec. 5106. Suspension of prohibitions

  (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).

Sec. 5107. Concerts on grounds

  Sections 5102, 5103, 5104(b)-(f), 5105, 5105, 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.

Sec. 5108. Audit of private organizations

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

Sec. 5109. Penalties

  (a) Firearms, Dangerous Weapons, Explosives, or Incendiary Device 
Offenses.--An individual or group violating section 5104(e)(1) of this 
title, or attempting to commit a violation, shall

[[Page 116 STAT. 1179]]

be fined under title 18, imprisoned for not more than five years, or 
both.
  (b) Other Offenses.--A person violating section 5103 or 5104(b), (c), 
(d), (e)(2), or (f) of this title, or attempting to commit a violation, 
shall be fined under title 18, imprisoned for not more than six months, 
or both.
  (c) Procedure.--
          (1) In general.--An action for a violation of this chapter or 
        section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 
        707, 60 Stat. 719, 720), including an attempt or a conspiracy to 
        commit a violation, shall be brought by the Attorney General in 
        the name of the United States. This chapter and sections 9, 9A, 
        9B, 9C and 14 do not supersede any provision of federal law or 
        the laws of the District of Columbia. Where the conduct 
        violating this chapter or section 9, 9A, 9B, 9C or 14 also 
        violates federal law or the laws of the District of Columbia, 
        both violations may be joined in a single action.
          (2) Venue.--An action under this section for a violation of--
                  (A) section 5104(e)(1) of this title or for conduct 
                that constitutes a felony under federal law or the laws 
                of the District of Columbia shall be brought in the 
                United States District Court for the District of 
                Columbia; and
                  (B) any other section referred to in subsection (a) 
                may be brought in the Superior Court of the District of 
                Columbia.
          (3) Amount of penalty.--The penalty which may be imposed on a 
        person convicted in an action under this subsection is the 
        highest penalty authorized by any of the laws the defendant is 
        convicted of violating.

                   PART C--FEDERAL BUILDING COMPLEXES

      CHAPTER 61--UNITED STATES SUPREME COURT BUILDING AND GROUNDS

                          SUBCHAPTER I--GENERAL

Sec.
6101.  Definitions and application.
6102.  Regulations.

                  SUBCHAPTER II--BUILDINGS AND GROUNDS

6111.  Supreme Court Building.
6112.  Supreme Court Building and grounds employees.
6113.  Duties of the Superintendent of the Supreme Court Building.
6114.  Oliver Wendell Holmes Garden.

                   SUBCHAPTER III--POLICING AUTHORITY

6121.  General.
6122.  Designation of members of the Supreme Court Police.
6123.  Authority of Metropolitan Police of the District of Columbia.

                SUBCHAPTER IV--PROHIBITIONS AND PENALTIES

6131.  Public travel in Supreme Court grounds.
6132.  Sale of articles, signs, and solicitation in Supreme Court 
           Building and grounds.
6133.  Property in the Supreme Court Building and grounds.
6134.  Firearms, fireworks, speeches, and objectionable language in the 
           Supreme Court Building and grounds.
6135.  Parades, assemblages, and display of flags in the Supreme Court 
           Building and grounds.
6136.  Suspension of prohibitions against use of Supreme Court grounds.
6137.  Penalties.

[[Page 116 STAT. 1180]]

                          SUBCHAPTER I--GENERAL

Sec. 6101. Definitions and application

  (a) Definitions.--In this chapter, the following definitions apply:
          (1) Official guest of the supreme court.--The term ``official 
        guest of the Supreme Court'' means an individual who is a guest 
        of the Supreme Court, as determined by the Chief Justice of the 
        United States or any Associate Justice of the Supreme Court;
          (2) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, the Northern Mariana Islands, the Federated 
        States of Micronesia, the Marshall Islands, Palau, and any 
        territory or possession of the United States; and

  (b) Application.--For purposes of section 6102 of this title and 
subchapters III and IV, the Supreme Court grounds--
          (1) extend to the line of the face of--
                  (A) the east curb of First Street Northeast, between 
                Maryland Avenue Northeast and East Capitol Street;
                  (B) the south curb of Maryland Avenue Northeast, 
                between First Street Northeast and Second Street 
                Northeast;
                  (C) the west curb of Second Street Northeast, between 
                Maryland Avenue Northeast and East Capitol Street; and
                  (D) the north curb of East Capitol Street between 
                First Street Northeast and Second Street Northeast; and
          (2) comprise any property under the custody and control of the 
        Supreme Court as part of the Supreme Court grounds, including 
        property acquired as provided by law on behalf of the Federal 
        Government in lots 2, 3, 800, 801, and 802 in square 758 in the 
        District of Columbia as an addition to the grounds of the 
        Supreme Court Building.

Sec. 6102. Regulations

  (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.

                  SUBCHAPTER II--BUILDINGS AND GROUNDS

Sec. 6111. Supreme Court Building

  (a) In General.--
          (1) Structural and mechanical care.--The Architect of the 
        Capitol shall have charge of the structural and mechanical care 
        of the Supreme Court Building, including--
                  (A) the care and maintenance of the grounds; and
                  (B) the supplying of all mechanical furnishings and 
                mechanical equipment for the Building.

[[Page 116 STAT. 1181]]

          (2) Operation and maintenance.--The Architect shall direct the 
        operation and maintenance of the mechanical equipment and repair 
        of the building.
          (3) Contract authority.--The Architect may enter into all 
        necessary contracts to carry out this subsection.

  (b) Availability of Appropriations..--Amounts appropriated under--
          (1) subsection (a) and sections 6112 and 6113 of this title 
        are available for--
                  (A) expenses of heating and air-conditioning 
                refrigeration supplied by the Capitol Power Plant, 
                advancements for which shall be made and deposited in 
                the Treasury to the credit of appropriations provided 
                for the Capitol Power Plant; and
                  (B) the purchase of electrical energy; and
          (2) the heading ``Supreme Court of the United States'' and 
        ``care of the building and grounds'' are available for--
                  (A) improvements, maintenance, repairs, equipment, 
                supplies, materials, and appurtenances;
                  (B) special clothing for workers;
                  (C) personal and other services (including temporary 
                labor without regard to chapter 51, subchapter III of 
                chapter 53, and subchapter III of chapter 83, of title 
                5); and
                  (D) without compliance with section 3709 of the 
                Revised Statutes (41 U.S.C. 5)--
                        (i) for snow removal (by hire of personnel and 
                      equipment or under contract); and
                        (ii) for the replacement of electrical 
                      transformers containing polychlorinated biphenyls.

Sec. 6112. Supreme Court Building and grounds employees

  Employees required to carry out section 6111(a) of this title shall 
be--
          (1) appointed by the Architect of the Capitol with the 
        approval of the Chief Justice of the United States;
          (2) compensated in accordance with chapter 51 and subchapter 
        III of chapter 53 of title 5; and
          (3) subject to subchapter III of chapter 83 of title 5.

Sec. 6113. Duties of the Superintendent of the Supreme Court Building

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

Sec. 6114. Oliver Wendell Holmes Garden

  The Architect of the Capitol shall maintain and care for the Oliver 
Wendell Holmes Garden in accordance with the provisions of law on the 
maintenance and care of the grounds of the Supreme Court Building.

[[Page 116 STAT. 1182]]

                   SUBCHAPTER III--POLICING AUTHORITY

Sec. 6121. General

  (a) Authority of Marshal of the Supreme Court and Supreme Court 
Police.--In accordance with regulations prescribed by the Marshal of the 
Supreme Court and approved by the Chief Justice of the United States, 
the Marshal and the Supreme Court Police shall have authority--
          (1) to police the Supreme Court Building and grounds and 
        adjacent streets to protect individuals and property;
          (2) in any State, to protect--
                  (A) the Chief Justice, any Associate Justice of the 
                Supreme Court, and any official guest of the Supreme 
                Court; and
                  (B) any officer or employee of the Supreme Court while 
                that officer or employee is performing official duties;
          (3) while performing duties necessary to carry out paragraph 
        (1) or (2), to make arrests for any violation of federal or 
        state law and any regulation under federal or state law; and
          (4) to carry firearms as may be required while performing 
        duties under section 6102 of this title, this subchapter, and 
        subchapter IV.

  (b) Additional Requirements Related to Subsection (a)(2).--
          (1) Authorization to carry firearms.--Duties under subsection 
        (a)(2)(A) with respect to an official guest of the Supreme Court 
        in any State (other than the District of Columbia, Maryland, and 
        Virginia) shall be authorized in writing by the Chief Justice or 
        an Associate Justice, if those duties require the carrying of 
        firearms under subsection (a)(4).
          (2) Termination of authority.--The authority provided under 
        subsection (a)(2) expires on December 29, 2004.

Sec. 6122. Designation of members of the Supreme Court Police

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

Sec. 6123. Authority of Metropolitan Police of the District of Columbia

  The Metropolitan Police of the District of Columbia may make arrests 
within the Supreme Court Building and grounds for a violation of federal 
or state law or any regulation under federal or state law. This section 
does not authorize the Metropolitan Police to enter the Supreme Court 
Building to make an arrest in response to a complaint, serve a warrant, 
or patrol the Supreme Court Building or grounds, unless the Metropolitan 
Police have been requested to do so by, or have received the consent of, 
the Marshal of the Supreme Court or an assistant to the Marshal.

                SUBCHAPTER IV--PROHIBITIONS AND PENALTIES

Sec. 6131. Public travel in Supreme Court grounds

  Public travel in, and occupancy of, the Supreme Court grounds is 
restricted to the sidewalks and other paved surfaces.

[[Page 116 STAT. 1183]]

Sec. 6132. Sale of articles, signs, and solicitation in Supreme Court 
                        Building and grounds

  It is unlawful--
          (1) to offer or expose any article for sale in the Supreme 
        Court Building or grounds;
          (2) to display a sign, placard, or other form of advertisement 
        in the Building or grounds; or
          (3) to solicit fares, alms, subscriptions, or contributions in 
        the Building or grounds.

Sec. 6133. Property in the Supreme Court Building and grounds

  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.

Sec. 6134. Firearms, fireworks, speeches, and objectionable language in 
                        the Supreme Court Building and grounds

  It is unlawful to discharge a firearm, firework or explosive, set fire 
to a combustible, make a harangue or oration, or utter loud, 
threatening, or abusive language in the Supreme Court Building or 
grounds.

Sec. 6135. Parades, assemblages, and display of flags in the Supreme 
                        Court Building and grounds

  It is unlawful to parade, stand, or move in processions or assemblages 
in the Supreme Court Building or grounds, or to display in the Building 
and grounds a flag, banner, or device designed or adapted to bring into 
public notice a party, organization, or movement.

Sec. 6136. Suspension of prohibitions against use of Supreme Court 
                        grounds

  To allow the observance of authorized ceremonies in the Supreme Court 
Building and grounds, the Marshal of the Supreme Court may suspend for 
those occasions any of the prohibitions contained in this subchapter as 
may be necessary for the occasion if--
          (1) responsible officers have been appointed; and
          (2) the Marshal determines that adequate arrangements have 
        been made--
                  (A) to maintain suitable order and decorum in the 
                proceedings; and
                  (B) to protect the Supreme Court Building and grounds 
                and individuals and property in the Building and 
                grounds.

Sec. 6137. Penalties

  (a) In General.--An individual who violates this subchapter, or a 
regulation prescribed under section 6102 of this title, shall be fined 
under title 18, imprisoned not more than 60 days, or both.
  (b) Venue and Procedure.--Prosecution for a violation described in 
subsection (a) shall be in the Superior Court of the District of 
Columbia, on information by the United States Attorney or an Assistant 
United States Attorney.
  (c) Offenses Involving Property Damage Over $100.--If during the 
commission of a violation described in subsection (a),

[[Page 116 STAT. 1184]]

public property is damaged in an amount exceeding $100, the period of 
imprisonment for the offense may be not more than five years.

 CHAPTER 63--SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN 
                F. KENNEDY CENTER FOR THE PERFORMING ARTS

Sec.
6301.  Definition.
6302.  Public use of grounds.
6303.  Unlawful activities.
6304.  Additional regulations.
6305.  Suspension of regulations.
6306.  Policing of buildings and grounds.
6307.  Penalties.

Sec. 6301. Definition

  In this chapter, the term ``specified buildings and grounds'' means--
          (1) Smithsonian institution.--The Smithsonian Institution and 
        its grounds, which include the following:
                  (A) Smithsonian buildings and grounds on the national 
                mall.--The Smithsonian Building, the Arts and Industries 
                Building, the Freer Gallery of Art, the National Air and 
                Space Museum, the National Museum of Natural History, 
                the National Museum of American History, the National 
                Museum of the American Indian, the Hirshhorn Museum and 
                Sculpture Garden, the Arthur M. Sackler Gallery, the 
                National Museum of African Art, the S. Dillon Ripley 
                Center, and all other buildings of the Smithsonian 
                Institution within the Mall, including the entrance 
                walks, unloading areas, and other pertinent service 
                roads and parking areas.
                  (B) National zoological park.--The National Zoological 
                Park comprising all the buildings, streets, service 
                roads, walks, and other areas within the boundary fence 
                of the National Zoological Park in the District of 
                Columbia and including the public space between that 
                fence and the face of the curb lines of the adjacent 
                city streets.
                  (C) Other smithsonian buildings and grounds.--All 
                other buildings, service roads, walks, and other areas 
                within the exterior boundaries of any real estate or 
                land or interest in land (including temporary use) that 
                the Smithsonian Institution acquires and that the 
                Secretary of the Smithsonian Institution determines to 
                be necessary for the adequate protection of individuals 
                or property in the Smithsonian Institution and suitable 
                for administration as a part of the Smithsonian 
                Institution.
          (2) National gallery of art.--The National Gallery of Art and 
        its grounds, which extend--
                  (A) to the line of the face of the south curb of 
                Constitution Avenue Northwest, between Seventh Street 
                Northwest, and Fourth Street Northwest, to the line of 
                the face of the west curb of Fourth Street Northwest, 
                between Constitution Avenue Northwest, and Madison Drive 
                Northwest; to the line of the face of the north curb of 
                Madison Drive Northwest, between Fourth Street 
                Northwest, and Seventh Street Northwest; and to the line 
                of the face of the east

[[Page 116 STAT. 1185]]

                curb of Seventh Street Northwest, between Madison Drive 
                Northwest, and Constitution Avenue Northwest;
                  (B) to the line of the face of the south curb of 
                Pennsylvania Avenue Northwest, between Fourth Street and 
                Third Street Northwest, to the line of the face of the 
                west curb of Third Street Northwest, between 
                Pennsylvania Avenue and Madison Drive Northwest, to the 
                line of the face of the north curb of Madison Drive 
                Northwest, between Third Street and Fourth Street 
                Northwest, and to the line of the face of the east curb 
                of Fourth Street Northwest, between Pennsylvania Avenue 
                and Madison Drive Northwest; and
                  (C) to the line of the face of the south curb of 
                Constitution Avenue Northwest, between Ninth Street 
                Northwest and Seventh Street Northwest; to the line of 
                the face of the west curb of Seventh Street Northwest, 
                between Constitution Avenue Northwest and Madison Drive 
                Northwest; to the line of the face of the north curb of 
                Madison Drive Northwest, between Seventh Street 
                Northwest and the line of the face of the east side of 
                the east retaining wall of the Ninth Street Expressway 
                Northwest; and to the line of the face of the east side 
                of the east retaining wall of the Ninth Street 
                Expressway Northwest, between Madison Drive Northwest 
                and Constitution Avenue Northwest.
          (3) John f. kennedy center for the performing arts.--The John 
        F. Kennedy Center for the Performing Arts, which extends to the 
        line of the west face of the west retaining walls and curbs of 
        the Inner Loop Freeway on the east, the north face of the north 
        retaining walls and curbs of the Theodore Roosevelt Bridge 
        approaches on the south, the east face of the east retaining 
        walls and curbs of Rock Creek Parkway on the west, and the south 
        curbs of New Hampshire Avenue and F Street on the north, as 
        generally depicted on the map entitled ``Transfer of John F. 
        Kennedy Center for the Performing Arts'', numbered 844/82563 and 
        dated April 20, 1994 (as amended by the map entitled ``Transfer 
        of John F. Kennedy Center for the Performing Arts'', numbered 
        844/82563A and dated May 22, 1997), which shall be on file and 
        available for public inspection in the office of the National 
        Capital Region, National Park Service.

Sec. 6302. Public use of grounds

  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.

Sec. 6303. Unlawful activities

  (a)  Displays and Solicitations.--It is unlawful for anyone other than 
an authorized employee or concessionaire to carry out any of the 
following activities within the specified buildings and grounds:
          (1) Offer or expose any article for sale.
          (2) Display any sign, placard, or other form of advertisement.
          (3) Solicit alms, subscriptions, or contributions.

  (b) Touching of, or Injuries to, Property.--It is unlawful for 
anyone--

[[Page 116 STAT. 1186]]

          (1) other than an authorized employee, to touch or handle 
        objects of art or scientific or historical objects on exhibition 
        within the specified buildings or grounds; or
          (2) to step or climb on, remove, or in any way injure any 
        object of art, exhibit (including an exhibit animal), equipment, 
        seat, wall, fountain, or other erection or architectural 
        feature, or any tree, shrub, plant, or turf, within the 
        specified buildings or grounds.

Sec. 6304. Additional regulations

  (a) Authority To Prescribe Additional Regulations.--In addition to the 
restrictions and requirements specified in sections 6302 and 6303 of 
this title, the Secretary of the Smithsonian Institution, the Trustees 
of the National Gallery of Art, and the Trustees of the John F. Kennedy 
Center for the Performing Arts may prescribe for their respective 
agencies regulations necessary for--
          (1) the adequate protection of the specified buildings and 
        grounds and individuals and property in those buildings and 
        grounds; and
          (2) the maintenance of suitable order and decorum within the 
        specified buildings and grounds, including the control of 
        traffic and parking of vehicles in the National Zoological Park 
        and all other areas in the District of Columbia under their 
        control.

  (b) Publication in Federal Register.--A regulation prescribed under 
this section shall be published in the Federal Register and is not 
effective until the expiration of 10 days after the date of publication.

Sec. 6305. Suspension of regulations

  To allow authorized services, training programs, and ceremonies in the 
specified buildings and grounds, the Secretary of the Smithsonian 
Institution, the Trustees of the National Gallery of Art, and the 
Trustees of the John F. Kennedy Center for the Performing Arts (or their 
designees) may suspend for their respective agencies any of the 
prohibitions contained in sections 6302 and 6303 of this title as may be 
necessary for the occasion or circumstance if--
          (1) responsible officers have been appointed; and
          (2) the Secretary of the Smithsonian Institution, the Trustees 
        of the National Gallery of Art, and the Trustees of the John F. 
        Kennedy Center for the Performing Arts (or their designees) 
        determine that adequate arrangements have been made--
                  (A) to maintain suitable order and decorum in the 
                proceedings; and
                  (B) to protect the specified buildings and grounds and 
                persons and property in those buildings and on those 
                grounds.

Sec. 6306. Policing of buildings and grounds

  (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

[[Page 116 STAT. 1187]]

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.

Sec. 6307. Penalties

  (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.

        CHAPTER 65--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

Sec.
6581.  Definition.
6502.  Thurgood Marshall Federal Judiciary Building.
6503.  Commission for the Judiciary Office Building.
6504.  Lease of building.
6505.  Structural and mechanical care and security.
6506.  Allocation of space.
6507.  Account in Treasury.

[[Page 116 STAT. 1188]]

Sec. 6501. Definition

  In this chapter, the term ``Chief Justice'' means the Chief Justice of 
the United States or the designee of the Chief Justice, except that when 
there is a vacancy in the office of the Chief Justice, the most senior 
associate justice of the Supreme Court shall be deemed to be the Chief 
Justice for purposes of this chapter until the vacancy is filled.

Sec. 6502. Thurgood Marshall Federal Judiciary Building

  (a) Establishment and Designation.--There is a Federal Judiciary 
Building in Washington, D.C., known and designated as the ``Thurgood 
Marshall Federal Judiciary Building''.
  (b) Title.--
          (1) Squares 721 and 722.--Title to squares 721 and 722 remains 
        in the Federal Government.
          (2) Building.--Title to the Building and other improvements 
        constructed or otherwise made immediately reverts to the 
        Government at the expiration of not more than 30 years from the 
        effective date of the lease agreement referred to in section 
        6504 of this title without payment of any compensation by the 
        Government.

  (c) Limitations.--
          (1) Size of building.--The Building (excluding parking 
        facilities) may not exceed 520,000 gross square feet in size 
        above the level of Columbia Plaza in the District of Columbia.
          (2) Height of building.--The height of the Building and other 
        improvements shall be compatible with the height of surrounding 
        Government and historic buildings and conform to the provisions 
        of the Act of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the 
        Building Height Act of 1910).
          (3) Design.--The Building and other improvements shall--
                  (A) be designed in harmony with historical and 
                Government buildings in the vicinity;
                  (B) reflect the symbolic importance and historic 
                character of the United States Capitol and other 
                buildings on the United States Capitol Grounds; and
                  (C) represent the dignity and stability of the 
                Government.

  (d) Approval of Chief Justice.--All final decisions regarding 
architectural design of the Building are subject to the approval of the 
Chief Justice.
  (e) Chilled Water and Steam From Capitol Power Plant.--If the Building 
is connected with the Capitol Power Plant, the Architect of the Capitol 
shall furnish chilled water and steam from the Plant to the Building on 
a reimbursable basis.
  (f) Construction Standards.--The Building and other improvements 
constructed under this chapter shall meet all standards applicable to 
construction of a federal building.
  (g) Accounting System.--The Architect shall maintain an accounting 
system for operation and maintenance of the Building and other 
improvements which will allow accurate projections of the dates and cost 
of major repairs, improvements, reconstructions, and replacements of the 
Building and improvements and other capital expenditures on the Building 
and improvements.
  (h) Nonapplicability of Certain Laws.--
          (1) Building codes, permits, or inspection.--The Building is 
        not subject to any law of the District of Columbia relating

[[Page 116 STAT. 1189]]

        to building codes, permits, or inspection, including any such 
        law enacted by Congress.
          (2) Taxes.--The Building and other improvements constructed 
        under this chapter are not subject to any law of the District of 
        Columbia relating to real estate and personal property taxes, 
        special assessments, or other taxes, including any such law 
        enacted by Congress.

Sec. 6503. Commission for the Judiciary Office Building

  (a) Establishment and Membership.--There is a Commission for the 
Judiciary Office Building, composed of the following 13 members or their 
designees:
          (1) Two individuals appointed by the Chief Justice from among 
        justices of the Supreme Court and other judges of the United 
        States.
          (2) The members of the House Office Building Commission.
          (3) The majority leader and minority leader of the Senate.
          (4) The Chairman and the ranking minority member of the Senate 
        Committee on Rules and Administration.
          (5) The Chairman and the ranking minority member of the Senate 
        Committee on Environment and Public Works.
          (6) The Chairman and ranking minority member of the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives.

  (b) Quorum.--Seven members of the Commission is a quorum.
  (c) Duties.--The Commission is responsible for the supervision of the 
design, construction, operation, maintenance, structural, mechanical, 
and domestic care, and security of the Thurgood Marshall Federal 
Judiciary Building. The Commission shall prescribe regulations to govern 
the actions of the Architect of the Capitol under this chapter and to 
govern the use and occupancy of all space in the Building.

Sec. 6504. Lease of building

  (a) Lease Agreement.--Under an agreement with the person selected to 
construct the Thurgood Marshall Federal Judiciary Building, the 
Architect of the Capitol shall lease the Building to carry out the 
objectives of this chapter.
  (b) Minimum Requirements of Lease Agreement.--The agreement includes 
at a minimum the following:
          (1) Limit on length of lease.--The Architect will lease the 
        Building and other improvements for not more than 30 years from 
        the effective date of the agreement.
          (2) Rental rate.--The rental rate per square foot of 
        occupiable space for all space in the Building and other 
        improvements will be in the best interest of the Federal 
        Government and will carry out the objectives of this chapter. 
        The aggregate rental rate for all space in the Building and 
        other improvements shall produce an amount at least equal to the 
        amount necessary to amortize the cost of development of squares 
        721 and 722 in the District of Columbia over the life of the 
        lease.
          (3) Authority to make space available and sublease space.--The 
        Architect may make space available and sublease space in the 
        Building and other improvements in accordance with section 6506 
        of this title.

[[Page 116 STAT. 1190]]

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

  (c) Obligation of Amounts.--Obligation of amounts for lease payments 
under this section may only be made--
          (1) on an annual basis; and
          (2) from the account described in section 6507 of this title.

Sec. 6505. Structural and mechanical care and security

  (a) Structural and Mechanical Care.--The Architect of the Capitol, 
under the direction of the Commission for the Judiciary Office 
Building--
          (1) is responsible for the structural and mechanical care and 
        maintenance of the Thurgood Marshall Federal Judiciary Building 
        and improvements, including the care and maintenance of the 
        grounds of the Building, in the same manner and to the same 
        extent as for the structural and mechanical care and maintenance 
        of the Supreme Court Building under section 6111 of this title; 
        and
          (2) shall perform all other duties and work required for the 
        operation and domestic care of the Building and improvements.

  (b) Security.--
          (1) Capitol police.--The United States Capitol Police--
                  (A) are responsible for all exterior security of the 
                Building and other improvements constructed under this 
                chapter; and
                  (B) may police the Building and other improvements, 
                including the interior and exterior, and may make 
                arrests within the interior and exterior of the Building 
                and other improvements for any violation of federal or 
                state law or the laws of the District of Columbia, or 
                any regulation prescribed under any of those laws.
          (2) Marshal of the supreme court.--This chapter does not 
        interfere with the obligation of the Marshal of the Supreme 
        Court to protect justices, officers, employees, or other 
        personnel of the Supreme Court who may occupy the Building and 
        other improvements.
          (3) Reimbursement.--The Architect shall transfer from the 
        account described in section 6507 of this title amounts 
        necessary to reimburse the United States Capitol Police for 
        expenses incurred in providing exterior security under this 
        subsection. The Capitol Police may accept amounts the Architect 
        transfers under this paragraph. Those amounts shall be credited 
        to the appropriation account charged by the Capitol Police in 
        carrying out security duties.

Sec. 6506. Allocation of space

  (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

[[Page 116 STAT. 1191]]

        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--

[[Page 116 STAT. 1192]]

                  (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.

Sec. 6507. Account in Treasury

  (a) Establishment and Contents of Separate Account.--There is a 
separate account in the Treasury. The account includes all amounts 
deposited in the account under section 6506(f) of this title and amounts 
appropriated to the account. However, the appropriated amounts may not 
be more than $2,000,000.
  (b) Use of Amounts.--Amounts in the account are available to the 
Architect of the Capitol--
          (1) for paying expenses for structural, mechanical, and 
        domestic care, maintenance, operation, and utilities of the 
        Thurgood Marshall Federal Judiciary Building and other 
        improvements constructed under this chapter;
          (2) for reimbursing the United States Capitol Police for 
        expenses incurred in providing exterior security for the 
        Building and other improvements;
          (3) for making lease payments under section 6504 of this 
        title; and
          (4) for necessary personnel (including consultants).

               CHAPTER 67--PENNSYLVANIA AVENUE DEVELOPMENT

SUBCHAPTER I--TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES, TITLE, AND 
                                INTERESTS

Sec.

[[Page 116 STAT. 1193]]

6701.  Transfer of rights and authorities of Pennsylvania Avenue 
           Development Corporation.
6702.  Transfer and assignment of rights, title, and interests in 
           property.

             SUBCHAPTER II--PENNSYLVANIA AVENUE DEVELOPMENT

6711.  Definition.
6712.  Powers of other agencies and instrumentalities in the development 
           area.
6713.  Certification of new construction.
6714.  Relocation services.
6715.  Coordination with District of Columbia.
6716.  Reports.

              SUBCHAPTER III--FEDERAL TRIANGLE DEVELOPMENT

6731.  Definitions.
6732.  Federal Triangle development area.
6733.  Federal Triangle property.
6734.  Ronald Reagan Building and International Trade Center.

SUBCHAPTER I--TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES, TITLE, AND 
                                INTERESTS

Sec. 6701. Transfer of rights and authorities of Pennsylvania Avenue 
                        Development Corporation

  (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.

[[Page 116 STAT. 1194]]

Sec. 6702. Transfer and assignment of rights, title, and interests in 
                        property

  (a) In General.--
          (1) Leases, covenants, agreements, and easements.--As provided 
        in this section, the General Services Administration, the 
        National Capital Planning Commission, and the National Park 
        Service have the rights, title, and interest of the Pennsylvania 
        Avenue Development Corporation in and to all leases, covenants, 
        agreements, and easements the Corporation executed before April 
        1, 1996, in carrying out its powers and duties under the 
        Pennsylvania Avenue Development Corporation Act of 1972 (Public 
        Law 92-578, 86 Stat. 1266) and the Federal Triangle Development 
        Act (Public Law 100-113, 101 Stat. 735).
          (2) Property.--The Administration has the rights, title, and 
        interest of the Corporation in and to all property held in the 
        name of the Corporation, except as provided in subsection (c).

  (b) General Services Administration.--
          (1) Responsibilities.--The responsibilities of the Corporation 
        transferred to the Administration under subsection (a) include--
                  (A) the collection of revenue owed the Federal 
                Government as a result of real estate sales or lease 
                agreements made by the Corporation and private parties, 
                including--
                        (i) the Willard Hotel property on Square 225;
                        (ii) the Gallery Row project on Square 457;
                        (iii) the Lansburgh's project on Square 431; and
                        (iv) the Market Square North project on Square 
                      407;
                  (B) the collection of sale or lease revenue owed the 
                Government from the sale or lease before April 1, 1996, 
                of two undeveloped sites owned by the Corporation on 
                Squares 457 and 406;
                  (C) the application of collected revenue to repay 
                Treasury debt the Corporation incurred when acquiring 
                real estate;
                  (D) performing financial audits for projects in which 
                the Corporation has actual or potential revenue 
                expectation, as identified in subparagraphs (A) and (B), 
                in accordance with procedures described in applicable 
                sale or lease agreements;
                  (E) the disposition of real estate properties which 
                are or become available for sale and lease or other 
                uses;
                  (F) payment of benefits in accordance with the Uniform 
                Relocation Assistance and Real Property Acquisition 
                Policies Act of 1970 (42 U.S.C. 4601 et seq.) to which 
                persons in the project area squares are entitled as a 
                result of the Corporation's acquisition of real estate; 
                and
                  (G) carrying out the responsibilities of the 
                Corporation under subchapter III and the Federal 
                Triangle Development Act (Public Law 100-113, 101 Stat. 
                735), including responsibilities for managing assets and 
                liabilities of the Corporation under subchapter III and 
                the Act.
          (2) Powers.--In carrying out the responsibilities of the 
        Corporation transferred under this section, the Administrator of 
        General Services may--

[[Page 116 STAT. 1195]]

                  (A) acquire land, improvements, and property by 
                purchase, lease or exchange, and sell, lease, or 
                otherwise dispose of any property, as necessary to 
                complete the development plan developed under section 5 
                of the Pennsylvania Avenue Development Corporation Act 
                of 1972 (Public Law 92-578, 86 Stat. 1269) if a notice 
                of intention to carry out the acquisition or disposal is 
                first transmitted to the Committee on Transportation and 
                Infrastructure and the Committee on Appropriations of 
                the House of Representatives and the Committee on 
                Environment and Public Works and the Committee on 
                Appropriations of the Senate and at least 60 days elapse 
                after the date of the transmission;
                  (B) modify the plan referred to in subparagraph (A) if 
                the modification is first transmitted to the Committee 
                on Transportation and Infrastructure and the Committee 
                on Appropriations of the House of Representatives and 
                the Committee on Environment and Public Works and the 
                Committee on Appropriations of the Senate and at least 
                60 days elapse after the date of the transmission;
                  (C) maintain any existing Corporation insurance 
                programs;
                  (D) make and perform transactions with an agency or 
                instrumentality of the Federal Government, a State, the 
                District of Columbia, or any person as necessary to 
                carry out the responsibilities of the Corporation under 
                subchapter III and the Federal Triangle Development Act 
                (Public Law 100-113, 101 Stat. 735);
                  (E) request the Council of the District of Columbia to 
                close any alleys necessary for the completion of 
                development in Square 457; and
                  (F) use all of the amount transferred from the 
                Corporation or income earned on Corporation property to 
                complete any pending development projects.

  (c) National Park Service.--
          (1) Property.--The National Park Service has the right, title, 
        and interest in and to the property located in the Pennsylvania 
        Avenue National Historic Site, including the parks, plazas, 
        sidewalks, special lighting, trees, sculpture, and memorials, 
        depicted on a map entitled ``Pennsylvania Avenue National 
        Historic Park'', dated June 1, 1995, and numbered 840-82441. The 
        map shall be on file and available for public inspection in the 
        offices of the Service.
          (2) Responsibilities.--The Service is responsible for 
        management, administration, maintenance, law enforcement, 
        visitor services, resource protection, interpretation, and 
        historic preservation at the Site.
          (3) Special events, festivals, concerts, or programs.--The 
        Service may--
                  (A) make transactions with an agency or 
                instrumentality of the Government, a State, the District 
                of Columbia, or any person as considered necessary or 
                appropriate for the conduct of special events, 
                festivals, concerts, or other art and cultural programs 
                at the Site; or
                  (B) establish a nonprofit foundation to solicit 
                amounts for those activities.
          (4) Jurisdiction of district of columbia.--Jurisdiction of 
        Pennsylvania Avenue and all other roadways from curb to

[[Page 116 STAT. 1196]]

        curb remains with the District of Columbia but vendors are not 
        permitted to occupy street space except during temporary special 
        events.

  (d) National Capital Planning Commission.--The National Capital 
Planning Commission is responsible for ensuring that development in the 
Pennsylvania Avenue area is carried out in accordance with the 
Pennsylvania Avenue Development Corporation Plan--1974.

             SUBCHAPTER II--PENNSYLVANIA AVENUE DEVELOPMENT

Sec. 6711. Definition

  In this subchapter, the term ``development area'' means the area to be 
developed, maintained, and used in accordance with this subchapter and 
the
Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92-
578, 86 Stat. 1266) and is the area bounded as follows:
          Beginning at a point on the southwest corner of the 
        intersection of Fifteenth Street and E Street Northwest;
          thence proceeding east along the southern side of E Street to 
        the southwest corner of the intersection of Thirteenth Street 
        and Pennsylvania Avenue Northwest;
          thence southeast along the southern side of Pennsylvania 
        Avenue to a point being the southeast corner of the intersection 
        of Pennsylvania Avenue and Third Street Northwest;
          thence north along the eastern side of Third Street to the 
        northeast corner of the intersection of C Street and Third 
        Street Northwest;
          thence west along the northern side of C Street to the 
        northeast corner of the intersection of C Street and Sixth 
        Street Northwest;
          thence north along the eastern side of Sixth Street to the 
        northeast corner of the intersection of E Street and Sixth 
        Street Northwest;
          thence west along the northern side of E Street to the 
        northeast corner of the intersection of E Street and Seventh 
        Street Northwest;
          thence north along the eastern side of Seventh Street to the 
        northeast corner of the intersection of Seventh Street and F 
        Street Northwest;
          thence west along the northern side of F Street to the 
        northwest corner of the intersection of F Street and Ninth 
        Street Northwest;
          thence south along the western side of Ninth Street to the 
        northwest corner of the intersection of Ninth Street and E 
        Street Northwest;
          thence west along the northern side of E Street to the 
        northeast corner of the intersection of E Street and Thirteenth 
        Street Northwest;
          thence north along the eastern side of Thirteenth Street to 
        the northeast corner of the intersection of F Street and 
        Thirteenth Street Northwest;
          thence west along the northern side of F Street to the 
        northwest corner of the intersection of F Street and Fifteenth 
        Street Northwest;

[[Page 116 STAT. 1197]]

          thence north along the western side of Fifteenth Street to the 
        northwest corner of the intersection of Pennsylvania Avenue and 
        Fifteenth Street Northwest;
          thence west along the southern side of Pennsylvania Avenue to 
        the southeast corner of the intersection of Pennsylvania Avenue 
        and East Executive Avenue Northwest;
          thence south along the eastern side of East Executive Avenue 
        to the intersection of South Executive Place and E Street 
        Northwest;
          thence east along the southern side of E Street to the point 
        of beginning.

Sec. 6712. Powers of other agencies and instrumentalities in the 
                        development area

  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.

Sec. 6713. Certification of new construction

  New construction (including substantial remodeling, conversion, 
rebuilding, enlargement, extension, or major structural improvement of 
existing building, but not including ordinary maintenance or remodeling 
or changes necessary to continue occupancy) shall not be authorized or 
conducted within the development area except on prior certification by 
the Administrator of General Services that the construction is, or may 
reasonably be expected to be, consistent with the carrying out of the 
development plan described in section 5(a) of the Pennsylvania Avenue 
Development Corporation Act of 1972 (Public Law 92-578, 86 Stat. 1269).

Sec. 6714. Relocation services

  (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.

[[Page 116 STAT. 1198]]

The preferential right is limited to the parties in interest and is not 
transferable or assignable.

Sec. 6715. Coordination with District of Columbia

  (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.

Sec. 6716. Reports

  (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.

              SUBCHAPTER III--FEDERAL TRIANGLE DEVELOPMENT

Sec. 6731. Definitions

  In this subchapter--
          (1) Federal triangle development area.--The term ``Federal 
        Triangle development area'' means the area bounded as follows:

[[Page 116 STAT. 1199]]

                  Beginning at a point on the southwest corner of the 
                intersection of Fourteenth Street and Pennsylvania 
                Avenue (formerly E Street), Northwest;
                  thence south along the western side of Fourteenth 
                Street to the northwest corner of the intersection of 
                Fourteenth Street and Constitution Avenue, Northwest;
                  thence east along the northern side of Constitution 
                Avenue to the northeast corner of the intersection of 
                Twelfth Street and Constitution Avenue, Northwest;
                  thence north along the eastern side of Twelfth Street 
                and Constitution Avenue, Northwest;
                  thence north along the eastern side of Twelfth Street 
                to the southeast corner of the intersection of Twelfth 
                Street and Pennsylvania Avenue, Northwest;
                  thence west along the southern side of Pennsylvania 
                Avenue to the point of beginning.
          (2) Federal triangle property.--The term ``Federal Triangle 
        property'' means--
                  (A) the property owned by the Federal Government in 
                the District of Columbia, known as the ``Great Plaza'' 
                site, which consists of squares 256, 257, 258, parts of 
                squares 259 and 260, and adjacent closed rights-of-way 
                as shown on plate IV of the King Plats of 1803 located 
                in the Office of the Surveyor of the District of 
                Columbia; and
                  (B) except for purposes of section 6733(a) of this 
                title, any property the Pennsylvania Avenue Development 
                Corporation acquired under section 3(b) of the Federal 
                Triangle Development Act (Public Law 100-113, 101 Stat. 
                736).

Sec. 6732. Federal Triangle development area

  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.

Sec. 6733. Federal Triangle property

  (a) Title.--Title to the Federal Triangle property reverts to the 
Administrator of General Services not later than the date on which 
ownership of the Ronald Reagan Building and International Trade Center 
vests in the Federal Government.
  (b) Nonapplicability of Certain Laws.--
          (1) Building permits and inspection.--For purposes of 
        development of the Federal Triangle property, the person 
        selected to develop the property is not subject to any state or 
        local law relating to building permits and inspection.
          (2) Taxes and assessments.--The property and improvements to 
        the property are not subject to real and personal property 
        taxation or to special assessments.

Sec. 6734. Ronald Reagan Building and International Trade Center

  (a) Establishment and Designation.--The building constructed on the 
Federal Triangle property shall be known and designated as the Ronald 
Reagan Building and International Trade Center.
  (b) Title.--The person selected to develop the Federal Triangle 
property may own the Building for not more than 35 years from

[[Page 116 STAT. 1200]]

the date construction of the Building began. The title to the Building 
shall be in the Administrator of General Services from the date title to 
the Federal Triangle property reverts to the Administrator.
  (c) Limitations.--
          (1) Size of building.--The Building (including parking 
        facilities) may not exceed 3,100,000 gross square feet in size.
          (2) Height of building.--The height of the Building shall be 
        compatible with the height of surrounding Federal Government 
        buildings.
          (3) Design.--The Building shall--
                  (A) be designed in harmony with historical and 
                Government buildings in the vicinity;
                  (B) reflect the symbolic importance and historic 
                character of Pennsylvania Avenue and the Nation's 
                Capital; and
                  (C) represent the dignity and stability of the 
                Government.

  (d) Construction Standards.--The Building shall meet all standards 
applicable to construction of a federal building.
  (e) Accounting System.--The Administrator shall maintain an accounting 
system for operation and maintenance of the Building which will allow 
accurate projections of the dates and cost of major repairs, 
improvements, reconstructions, and replacements of the Building and 
other capital expenditures on the Building. The Administrator shall act 
as necessary to ensure that amounts are available to cover the projected 
cost and expenditures.
  (f) Lease of Building.--
          (1) Lease agreement.--Under an agreement with the person 
        selected to construct the Ronald Reagan Building and 
        International Trade Center, the Administrator shall lease the 
        Building for federal office space and the international cultural 
        and trade center space.
          (2) Minimum requirements of lease agreement.--The agreement 
        includes at a minimum the following:
                  (A) Limit on length of lease.--The Administrator will 
                lease the Building for the period of time that the 
                person selected to construct the Building owns the 
                Building.
                  (B) Rental rate.--The rental rate per square foot of 
                occupiable space for all space in the Building will be 
                in the best interest of the Government and will carry 
                out the objectives of this subchapter and the Federal 
                Triangle Development Act (Public Law 100-113, 101 Stat. 
                735). The aggregate rental rate for all space in the 
                Building shall produce an amount at least equal to the 
                amount necessary to amortize the cost of development of 
                the Federal Triangle property over the life of the 
                lease.
                  (C) Obligation of amounts.--Obligation of amounts from 
                the Federal Building Fund shall only be made on an 
                annual basis to meet lease payments.
          (3) Authorization to obligate amounts.--Amounts may be 
        obligated as described in paragraph (2)(C).

                 CHAPTER 69--UNION STATION REDEVELOPMENT

                   SUBCHAPTER I--UNION STATION COMPLEX

Sec.
6901.  Definition.
6902.  Assignment of right, title, and interest in the Union Station 
           complex to the Secretary of Transportation.
6903.  Agreements and contracts.

[[Page 116 STAT. 1201]]

6904.  Acquisition, maintenance, and use of property.
6905.  Service on board of directors of Union Station Redevelopment 
           Corporation.
6906.  Union Station Fund.
6907.  Use of other appropriated amounts.
6908.  Parking facility.
6909.  Supplying steam or chilled water to Union Station complex.
6910.  Authorization of appropriations.

     SUBCHAPTER II--NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

6921.  Establishment, composition, and meetings.
6922.  Duties.
6923.  Compensation and expenses.
6924.  Reports and recommendations.

                   SUBCHAPTER I--UNION STATION COMPLEX

Sec. 6901. Definition

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

Sec. 6902. Assignment of right, title, and interest in the Union Station 
                        complex to the Secretary of Transportation

  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.

Sec. 6903. Agreements and contracts

  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.

Sec. 6904. Acquisition, maintenance, and use of property

  (a) Acquisition.--The Secretary of Transportation may acquire for the 
Federal Government an interest in real property (including easements or 
reservations) and any other property interest (including contract 
rights) in or relating or adjacent to the Union Station complex that the 
Secretary considers necessary to carry out the purposes of this 
subchapter.
  (b) Maintenance and Use.--The Secretary may maintain, use, operate, 
manage, and lease, either directly, by contract, or through development 
agreements, any property interest the Secretary holds or acquires for 
the Government under this subchapter in the manner and subject to the 
terms, conditions, covenants, and easements that the Secretary considers 
necessary or desirable to carry out the purposes of this subchapter.

[[Page 116 STAT. 1202]]

Sec. 6905. Service on board of directors of Union Station Redevelopment 
                        Corporation

  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.

Sec. 6906. Union Station Fund

  (a) Establishment.--There is a special deposit account in the Treasury 
known as the ``Union Station Fund'', which shall be administered as a 
revolving fund.
  (b) Content.--The account shall be credited with receipts of the 
Secretary of Transportation from activities authorized by this 
subchapter.
  (c) Use of Amounts.--The Secretary may use income and proceeds 
received from activities authorized by this subchapter, including 
operating and leasing income and payments made to the Federal Government 
under development agreements, to pay expenses the Secretary incurs in 
carrying out the purposes of this subchapter, including construction, 
acquisition, leasing, operation, and maintenance expenses and payments 
made to developers under development agreements.
  (d) Availability of Amounts.--The balance in the account is available 
in amounts specified in annual appropriation laws for making 
expenditures authorized by this subchapter.

Sec. 6907. Use of other appropriated amounts

  (a) Waiver of Cost Sharing Requirement.--The Secretary of 
Transportation may use amounts appropriated under section 24909(a)(2)(A) 
of title 49 to carry out the purposes of this subchapter.
  (b) Ban on Using Amounts for Heliport.--Amounts appropriated under 
section 24909 of title 49 may not be used for design, construction, or 
operation of a heliport at or near Union Station.

Sec. 6908. Parking facility

  (a) Title.--The Federal Government has the right, title, and interest 
in and to the parking facility at Union Station.
  (b) Fees.--The rate of fees charged for use of the facility may exceed 
the rate required for maintenance and operation of the facility. The 
rate shall be established in a manner that encourages use of the 
facility by rail passengers and participants in activities in the Union 
Station complex and area.

Sec. 6909. Supplying steam or chilled water to Union Station complex

  The Architect of the Capitol may make agreements with the Secretary of 
Transportation to furnish steam, chilled water, or both from the Capitol 
Power Plant to the Union Station complex, at no expense to the 
legislative branch.

Sec. 6910. Authorization of appropriations

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

[[Page 116 STAT. 1203]]

     SUBCHAPTER II--NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

Sec. 6921. Establishment, composition, and meetings

  (a) Establishment.--There is a National Visitor Facilities Advisory 
Commission.
  (b) Composition.--
          (1) Membership.--The Commission is composed of--
                  (A) the Secretary of the Interior;
                  (B) the Administrator of General Services;
                  (C) the Secretary of the Smithsonian Institution;
                  (D) the Chairman of the National Capital Planning 
                Commission;
                  (E) the Chairman of the Commission of Fine Arts;
                  (F) six Members of the Senate, three from each party, 
                to be appointed by the President of the Senate;
                  (G) six Members of the House of Representatives, three 
                from each party, to be appointed by the Speaker of the 
                House of Representatives; and
                  (H) three individuals appointed by the President, at 
                least two of whom shall not be officers of the Federal 
                Government, and one member of whom shall be a 
                representative of the District of Columbia government.
          (2) Chairman.--The Secretary of the Interior serves as the 
        Chairman of the Commission.
          (3) Service of non-federal members.--Non-federal members serve 
        at the pleasure of the President.

  (c) Meetings.--The Commission shall meet at the call of the Chairman.

Sec. 6922. Duties

  (a) In General.--The National Visitor Facilities Advisory Commission 
shall--
          (1) conduct continuing investigations and studies of sites and 
        plans to provide additional facilities and services for visitors 
        and students coming to the Nation's Capital; and
          (2) advise the Secretary of the Interior and the Administrator 
        of General Services on the planning, construction, acquisition, 
        and operation of those visitor facilities.

  (b) Staff and Facilities.--The Director of the National Park Service, 
in consultation with the Administrator, shall provide the necessary 
staff and facilities to assist the Commission in carrying out its duties 
under this subchapter.

Sec. 6923. Compensation and expenses

  Members of the National Visitor Facilities Advisory Commission who are 
not officers or employees of the Federal Government or the government of 
the District of Columbia are entitled to receive compensation under 
section 3109 of title 5 and expenses under section 5703 of title 5.

Sec. 6924. Reports and recommendations

  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

[[Page 116 STAT. 1204]]

provided, preliminary plans, specifications, and architectural drawings 
for the facilities, and the estimated cost of the recommended sites and 
facilities.

PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA

                       CHAPTER 81--ADMINISTRATIVE

                          SUBCHAPTER I--GENERAL

Sec.
8101.  Supervision of public buildings and grounds in District of 
           Columbia not otherwise provided for by law.
8102.  Protection of Federal Government buildings in District of 
           Columbia.
8103.  Application of District of Columbia laws to public buildings and 
           grounds.
8104.  Regulation of private and semipublic buildings adjacent to public 
           buildings and grounds.
8105.  Approval by Administrator of General Services.
8106.  Buildings on reservations, parks, or public grounds.
8107.  Advertisements and sales in or around Washington Monument.
8108.  Use of public buildings for public ceremonies.

                       SUBCHAPTER II--JURISDICTION

8121.  Improper appropriation of streets.
8122.  Jurisdiction over portion of Constitution Avenue.
8123.  Record of transfer of jurisdiction between Director of National 
           Park Service and Mayor of District of Columbia.
8124.  Transfer of jurisdiction between Federal and District of Columbia 
           authorities.
8125.  Public spaces resulting from filling of canals.
8126.  Temporary occupancy of Potomac Park by Secretary of Agriculture.
8127.  Part of Washington Aqueduct for playground purposes.

                 SUBCHAPTER III--SERVICES FOR FACILITIES

8141.  Contract to rent buildings in the District of Columbia not to be 
           made until appropriation enacted.
8142.  Rent of other buildings.
8143.  Heat.
8144.  Delivery of fuel for use during ensuing fiscal year.

                      SUBCHAPTER IV--MISCELLANEOUS

8161.  Reservation of parking spaces for Members of Congress.
8162.  Ailanthus trees prohibited.
8163.  Use of greenhouses and nursery for trees, shrubs, and plants.
8164.  E. Barrett Prettyman United States Courthouse.
8165.  Services for Office of Personnel Management.

                          SUBCHAPTER I--GENERAL

Sec. 8101. Supervision of public buildings and grounds in District of 
                        Columbia not otherwise provided for by law

  (a) In General.--Under regulations the President prescribes, the 
Administrator of General Services shall have charge of the public 
buildings and grounds in the District of Columbia, except those 
buildings and grounds which otherwise are provided for by law.
  (b) Notice of Unlawful Occupancy.--If the Administrator, or the 
officer under the direction of the Administrator who is in immediate 
charge of those public buildings and grounds, decides that an individual 
is unlawfully occupying any part of that public land, the Administrator 
or officer in charge shall notify the United States marshal for the 
District of Columbia in writing of the unlawful occupation.

[[Page 116 STAT. 1205]]

  (c) Ejection of Trespasser.--The marshal shall have the trespasser 
ejected from the public land and shall restore possession of the land to 
the officer charged by law with the custody of the land.

Sec. 8102. Protection of Federal Government buildings in District of 
                        Columbia

  The Attorney General and the Secretary of the Treasury may prohibit--
          (1) a vehicle from parking or standing on a street or roadway 
        adjacent to a building in the District of Columbia--
                  (A) at least partly owned or possessed by, or leased 
                to, the Federal Government; and
                  (B) used by law enforcement authorities subject to 
                their jurisdiction; and
          (2) a person or entity from conducting business on property 
        immediately adjacent to a building described in paragraph (1).

Sec. 8103. Application of District of Columbia laws to public buildings 
                        and grounds

  (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.

Sec. 8104. Regulation of private and semipublic buildings adjacent to 
                        public buildings and grounds

  (a) Factors for Development.--In view of the provisions of the 
Constitution respecting the establishment of the seat of the National 
Government, the duties it imposed on Congress in connection with 
establishing the seat of the National Government, and the solicitude 
shown and the efforts exerted by President Washington in the planning 
and development of the Capital City, the development should proceed 
along the lines of good order, good taste, and with due regard to the 
public interests involved, and a reasonable degree of control should be 
exercised over the architecture of private or semipublic buildings 
adjacent to public buildings and grounds of major importance.
  (b) Submission of Application to Commission of Fine Arts.--The Mayor 
of the District of Columbia shall submit to the Commission on Fine Arts 
an application for a permit to erect or alter any building, a part of 
which fronts or abuts on the grounds of the Capitol, the grounds of the 
White House, the part of Pennsylvania Avenue extending from the Capitol 
to the White House,

[[Page 116 STAT. 1206]]

Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and 
Potomac Parkway, Potomac Park, or The Mall Park System and public 
buildings adjacent to the System, or abuts on any street bordering any 
of those grounds or parks, so far as the plans relate to height and 
appearance, color, and texture of the materials of exterior 
construction.
  (c) Report to Mayor.--The Commission shall report promptly its 
recommendations to the Mayor, including any changes the Commission 
decides are necessary to prevent reasonably avoidable impairment of the 
public values belonging to the public building or park. If the 
Commission fails to report its approval or disapproval of a plan within 
30 days, the report is deemed approved and a permit may be issued.
  (d) Action by the Mayor.--The Mayor shall take action the Mayor 
decides is necessary to effect reasonable compliance with the 
recommendation under subsection (c).

Sec. 8105. Approval by Administrator of General Services

  Subject to applicable provisions of existing law relating to the 
functions in the District of Columbia of the National Capital Planning 
Commission and the Commission of Fine Arts, only the Administrator of 
General Services is required to approve sketches, plans, and estimates 
for buildings to be constructed by the Administrator, except that the 
Administrator and the United States Postal Service must approve 
buildings designed for post-office purposes.

Sec. 8106. Buildings on reservations, parks, or public grounds

  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.

Sec. 8107. Advertisements and sales in or around Washington Monument

  Except on the written authority of the Director of the National Park 
Service, advertisements of any kind shall not be displayed, and articles 
of any kind shall not be sold, in or around the Washington Monument.

Sec. 8108. Use of public buildings for public ceremonies

  Except as expressly authorized by law, public buildings in the 
District of Columbia (other than the Capitol Building and the White 
House), and the approaches to those public buildings, shall not be used 
or occupied in connection with ceremonies for the inauguration of the 
President or other public functions.

                       SUBCHAPTER II--JURISDICTION

Sec. 8121. Improper appropriation of streets

  (a) Authority.--The Secretary of the Interior shall--
          (1) prevent the improper appropriation or occupation of any 
        public street, avenue, square, or reservation in the District of 
        Columbia that belongs to the Federal Government;
          (2) reclaim the street, avenue, square, or reservation if 
        unlawfully appropriated;
          (3) prevent the erection of any permanent building on property 
        reserved to or for the use of the Government, unless plainly 
        authorized by law; and

[[Page 116 STAT. 1207]]

          (4) report to Congress at the beginning of each session on the 
        Secretary's proceedings in the premises, together with a full 
        statement of all property described in this subsection, and how, 
        and by what authority, the property is occupied or claimed.

  (b) Application.--This section does not interfere with the temporary 
and proper occupation of any part of the property described in 
subsection (a), by lawful authority, for the legitimate purposes of the 
Government.

Sec. 8122. Jurisdiction over portion of Constitution Avenue

  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.

Sec. 8123. Record of transfer of jurisdiction between Director of 
                        National Park Service and Mayor of District of 
                        Columbia

  When in accordance with law or mutual legal agreement, spaces or 
portions of public land are transferred between the jurisdiction of the 
Director of the National Park Service, as established by the Act of July 
1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of 
Columbia, the letters of transfer and acceptance exchanged between them 
are sufficient authority for the necessary change in the official maps 
and for record when necessary.

Sec. 8124. Transfer of jurisdiction between Federal and District of 
                        Columbia authorities

  (a) Transfer of Jurisdiction.--Federal and District of Columbia 
authorities administering properties in the District that are owned by 
the Federal Government or by the District may transfer jurisdiction over 
any part of the property among or between themselves for purposes of 
administration and maintenance under conditions the parties agree on. 
The National Capital Planning Commission shall recommend the transfer 
before it is completed.
  (b) Report to Congress.--The District authorities shall report all 
transfers and agreements to Congress.
  (c) Certain Laws Not Repealed.--Subsection (a) does not repeal any law 
in effect on May 20, 1932, which authorized the transfer of jurisdiction 
of certain land among and between federal and District authorities.

Sec. 8125. Public spaces resulting from filling of canals

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

Sec. 8126. Temporary occupancy of Potomac Park by Secretary of 
                        Agriculture

  (a) Not More Than 75 Acres.--The Director of the National Park Service 
may allow the Secretary of Agriculture to temporarily

[[Page 116 STAT. 1208]]

occupy as a testing ground not more than 75 acres of Potomac Park not 
needed in any one season for reclamation or park improvement. The 
Secretary shall vacate the area at the close of any season on the 
request of the Director.
  (b) Continue as Public Park Under Director.--This section does not 
change the essential character of the land used, which shall continue to 
be a public park under the charge of the Director.

Sec. 8127. Part of Washington Aqueduct for playground purposes

  (a) Jurisdiction of Mayor.--The Mayor of the District of Columbia has 
possession, control, and jurisdiction of the land of the Washington 
Aqueduct adjacent to the Champlain Avenue pumping station and lying 
outside of the fence around the pumping station as it--
          (1) existed on August 31, 1918; and
          (2) was transferred by the Chief of Engineers for playground 
        purposes.

  (b) Jurisdiction of Secretary of the Army Not Affected.--This section 
does not affect the superintendence and control of the Secretary of the 
Army over the Washington Aqueduct and the rights, appurtenances, and 
fixtures connected with the Aqueduct.

                 SUBCHAPTER III--SERVICES FOR FACILITIES

Sec. 8141. Contract to rent buildings in the District of Columbia not to 
                        be made until appropriation enacted

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

Sec. 8142. Rent of other buildings

  An executive department of the Federal Government renting a building 
for public use in the District of Columbia may rent a different building 
instead if it is in the public interest to do so. This section does not 
authorize an increase in the number of buildings in use or in the amount 
paid for rent.

Sec. 8143. Heat

  (a) Corcoran Gallery of Art.--The Administrator of General Services 
may furnish heat from the central heating plant to the Corcoran Gallery 
of Art, if the Corcoran Gallery of Art agrees to--
          (1) pay for heat furnished at rates the Administrator 
        determines; and
          (2) connect the building with the Federal Government mains in 
        a manner satisfactory to the Administrator.

  (b) Board of Governors of the Federal Reserve System.--The 
Administrator may furnish steam from the central heating plant for the 
use of the Board of Governors of the Federal Reserve System on the 
property which the Board acquired in squares east of 87 and east of 88 
in the District of Columbia if the Board agrees to--

[[Page 116 STAT. 1209]]

          (1) pay for the steam furnished at reasonable rates the 
        Administrator determines but that are at least equal to cost; 
        and
          (2) provide the necessary connections with the Government 
        mains at its own expense and in a manner satisfactory to the 
        Administrator.

  (c) Non-Federal Public Buildings.--The Administrator shall determine 
the rates to be paid for steam furnished to the Corcoran Gallery of Art, 
the Pan American Union Buildings, the American Red Cross Buildings, and 
other non-federal public buildings authorized to receive steam from the 
central heating plant.

Sec. 8144. Delivery of fuel for use during ensuing fiscal year

  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.

                      SUBCHAPTER IV--MISCELLANEOUS

Sec. 8161. Reservation of parking spaces for Members of Congress

  The Council of the District of Columbia shall designate, reserve, and 
properly mark appropriate and sufficient parking spaces on the streets 
adjacent to all public buildings in the District for the use of Members 
of Congress engaged in public business.

Sec. 8162. Ailanthus trees prohibited

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

Sec. 8163. Use of greenhouses and nursery for trees, shrubs, and plants

  The greenhouses and nursery shall be used only for the propagation of 
trees, shrubs, and plants suitable for planting in the public 
reservations. Only those trees, shrubs, and plants shall be planted in 
the public reservations.

Sec. 8164. E. Barrett Prettyman United States Courthouse

  (a) Operation, Maintenance, and Repair.--The operation, maintenance, 
and repair of the E. Barrett Prettyman United States Courthouse, used by 
the United States Court of Appeals for the District of Columbia and the 
United States District Court for the District of Columbia, is under the 
control of the Administrator of General Services.
  (b) Allocation of Space.--The allocation of space in the Courthouse is 
vested in the chief judge of the United States Court of Appeals for the 
District of Columbia and the chief judge of the United States District 
Court for the District of Columbia.

[[Page 116 STAT. 1210]]

Sec. 8165. Services for Office of Personnel Management

  For carrying out the work of the Director of the Office of Personnel 
Management and the examinations provided for in sections 3304 and 3305 
of title 5, the Administrator of General Services shall--
          (1) assign or provide suitable and convenient rooms and 
        accommodations, which are furnished, heated, and lighted, in 
        Washington, D.C.;
          (2) supply necessary stationery and other articles; and
          (3) arrange for or provide necessary printing.

         CHAPTER 83--WASHINGTON METROPOLITAN REGION DEVELOPMENT

Sec.
8301.  Definition.
8302.  Necessity for coordination in the development of the Washington 
           metropolitan region.
8303.  Declaration of policy of coordinated development and management.
8304.  Priority projects.

Sec. 8301. Definition

  In this chapter, the term ``Washington metropolitan region'' includes 
the District of Columbia, the counties of Montgomery and Prince Georges 
in Maryland, and the counties of Arlington and Fairfax and the cities of 
Alexandria and Falls Church in Virginia.

Sec. 8302. Necessity for coordination in the development of the 
                        Washington metropolitan region

  Because the District of Columbia is the seat of the Federal Government 
and has become the urban center of a rapidly expanding Washington 
metropolitan region, the necessity for the continued and effective 
performance of the functions of the Government in the District of 
Columbia, the general welfare of the District of Columbia, the health 
and living standards of the people residing or working in the District 
of Columbia, and the conduct of industry, trade, and commerce in the 
District of Columbia require that to the fullest extent possible the 
development of the District of Columbia and the management of its public 
affairs, and the activities of the departments, agencies, and 
instrumentalities of the Government which may be carried out in, or in 
relation to, the other areas of the Washington metropolitan region, 
shall be coordinated with the development of those other areas and with 
the management of their public affairs so that, with the cooperation and 
assistance of those other areas, all of the areas in the Washington 
metropolitan area shall be developed and their public affairs shall be 
managed so as to contribute effectively toward the solution of the 
community development problems of the Washington metropolitan region on 
a unified metropolitan basis.

Sec. 8303. Declaration of policy of coordinated development and 
                        management

  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,

[[Page 116 STAT. 1211]]

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.

Sec. 8304. Priority projects

  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.

         CHAPTER 85--NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

Sec.
8501.  National Capital Service Area.
8502.  National Capital Service Director.

Sec. 8501. National Capital Service Area

  (a) Establishment.--
          (1) Boundaries.--The National Capital Service Area is in the 
        District of Columbia and includes the principal federal 
        monuments, the White House, the Capitol Building, the United 
        States Supreme Court Building, and the federal executive, 
        legislative, and judicial office buildings located adjacent to 
        the Mall and the Capitol Building, and is more particularly 
        described as the area bounded as follows:
                  Beginning at that point on the present Virginia-
                District of Columbia boundary due west of the 
                northernmost point of Theodore Roosevelt Island and 
                running due east to the eastern shore of the Potomac 
                River;
                  thence generally south along the shore at the mean 
                high water mark to the northwest corner of the Kennedy 
                Center;
                  thence east along the northern side of the Kennedy 
                Center to a point where it reaches the E Street 
                Expressway;
                  thence east on the expressway to E Street Northwest 
                and thence east on E Street Northwest to Eighteenth 
                Street Northwest;
                  thence south on Eighteenth Street Northwest to 
                Constitution Avenue Northwest;
                  thence east on Constitution Avenue to Seventeenth 
                Street Northwest;
                  thence north on Seventeenth Street Northwest to 
                Pennsylvania Avenue Northwest;
                  thence east on Pennsylvania Avenue to Jackson Place 
                Northwest;
                  thence north on Jackson Place to H Street Northwest;
                  thence east on H Street Northwest to Madison Place 
                Northwest;
                  thence south on Madison Place Northwest to 
                Pennsylvania Avenue Northwest;

[[Page 116 STAT. 1212]]

                  thence east on Pennsylvania Avenue Northwest to 
                Fifteenth Street Northwest;
                  thence south on Fifteenth Street Northwest to 
                Pennsylvania Avenue Northwest;
                  thence southeast on Pennsylvania Avenue Northwest to 
                John Marshall Place Northwest;
                  thence north on John Marshall Place Northwest to C 
                Street Northwest;
                  thence east on C Street Northwest to Third Street 
                Northwest;
                  thence north on Third Street Northwest to D Street 
                Northwest;
                  thence east on D Street Northwest to Second Street 
                Northwest;
                  thence south on Second Street Northwest to the 
                intersection of Constitution Avenue Northwest and 
                Louisiana Avenue Northwest;
                  thence northeast on Louisiana Avenue Northwest to 
                North Capitol Street;
                  thence north on North Capitol Street to Massachusetts 
                Avenue Northwest;
                  thence southeast on Massachusetts Avenue Northwest so 
                as to encompass Union Square;
                  thence following Union Square to F Street Northeast;
                  thence east on F Street Northeast to Second Street 
                Northeast;
                  thence south on Second Street Northeast to D Street 
                Northeast;
                  thence west on D Street Northeast to First Street 
                Northeast;
                  thence south on First Street Northeast to Maryland 
                Avenue Northeast;
                  thence generally north and east on Maryland Avenue to 
                Second Street Northeast;
                  thence south on Second Street Northeast to C Street 
                Southeast;
                  thence west on C Street Southeast to New Jersey Avenue 
                Southeast;
                  thence south on New Jersey Avenue Southeast to D 
                Street Southeast;
                  thence west on D Street Southeast to Canal Street 
                Parkway;
                  thence southeast on Canal Street Parkway to E Street 
                Southeast;
                  thence west on E Street Southeast to the intersection 
                of Washington Avenue Southwest and South Capitol Street;
                  thence northwest on Washington Avenue Southwest to 
                Second Street Southwest;
                  thence south on Second Street Southwest to Virginia 
                Avenue Southwest;
                  thence generally west on Virginia Avenue to Third 
                Street Southwest;
                  thence north on Third Street Southwest to C Street 
                Southwest;
                  thence west on C Street Southwest to Sixth Street 
                Southwest;

[[Page 116 STAT. 1213]]

                  thence north on Sixth Street Southwest to Independence 
                Avenue;
                  thence west on Independence Avenue to Twelfth Street 
                Southwest;
                  thence south on Twelfth Street Southwest to D Street 
                Southwest;
                  thence west on D Street Southwest to Fourteenth Street 
                Southwest;
                  thence south on Fourteenth Street Southwest to the 
                middle of the Washington Channel;
                  thence generally south and east along the mid-channel 
                of the Washington Channel to a point due west of the 
                northern boundary line of Fort Lesley McNair;
                  thence due east to the side of the Washington Channel;
                  thence following generally south and east along the 
                side of the Washington Channel at the mean high water 
                mark, to the point of confluence with the Anacostia 
                River, and along the northern shore at the mean high 
                water mark to the northern most point of the Eleventh 
                Street Bridge;
                  thence generally south and east along the northern 
                side of the Eleventh Street Bridge to the eastern shore 
                of the Anacostia River;
                  thence generally south and west along such shore at 
                the mean high water mark to the point of confluence of 
                the Anacostia and Potomac Rivers;
                  thence generally south along the eastern shore at the 
                mean high water mark of the Potomac River to the point 
                where it meets the present southeastern boundary line of 
                the District of Columbia;
                  thence south and west along such southeastern boundary 
                line to the point where it meets the present Virginia-
                District of Columbia boundary;
                  thence generally north and west up the Potomac River 
                along the Virginia-District of Columbia boundary to the 
                point of beginning.
          (2) Streets and sidewalks included.--Where the area in 
        paragraph (1) is bounded by a street, the street, and any 
        sidewalk of the street, are included in the area.
          (3) Federal property that affronted or abutted the area deemed 
        to be in the area.--Federal real property that on December 24, 
        1973, affronted or abutted the area described in paragraph (1) 
        is deemed to be in the area. For the purposes of this paragraph, 
        federal real property affronting or abutting the area described 
        in paragraph (1)--
                  (A) is deemed to include Fort Lesley McNair, the 
                Washington Navy Yard, the Anacostia Naval Annex, the 
                United States Naval Station, Bolling Air Force Base, and 
                the Naval Research Laboratory; and
                  (B) does not include any area situated outside of the 
                District of Columbia boundary as it existed immediately 
                prior to December 24, 1973, any part of the Anacostia 
                Park situated east of the northern side of the Eleventh 
                Street Bridge, or any part of the Rock Creek Park.

  (b) Applicability of Other Provisions.--
          (1) Provisions covering buildings and grounds in area not 
        affected.--Except to the extent specifically provided by this 
        section, this section does not--

[[Page 116 STAT. 1214]]

                  (A) apply to the United States Capitol Buildings and 
                Grounds as defined and described in sections 5101 and 
                5102, any other buildings and grounds under the care of 
                the Architect of the Capitol, the Supreme Court Building 
                and grounds as described in section 6101 of this title, 
                and the Library of Congress buildings and grounds as 
                defined in section 11 of the Act of August 4, 1950 (2 
                U.S.C. 167j); and
                  (B) repeal, amend, alter, modify, or supersede--
                        (i) chapter 51 of this title, section 9, 9A, 9B, 
                      9C or 14 of the Act of July 31, 1946 (ch. 707, 60 
                      Stat. 719, 720), any other general law of the 
                      United States, any law enacted by Congress and 
                      applicable exclusively to the District of 
                      Columbia, or any rule or regulation prescribed 
                      pursuant to any of those provisions, that was in 
                      effect on January 1, 1975, and that pertained to 
                      those buildings and grounds; or
                        (ii) any authority which existed on December 24, 
                      1973, with respect to those buildings and grounds 
                      and was vested on January 1, 1975, in the Senate, 
                      the House of Representatives, Congress, any 
                      committee, commission, or board of the Senate, the 
                      House of Representatives, or Congress, the 
                      Architect of the Capitol or any other officer of 
                      the legislative branch, the Chief Justice of the 
                      United States, the Marshal of the Supreme Court, 
                      or the Librarian of Congress.
          (2) Continued application of laws, regulations, and rules.--
        Except to the extent otherwise specifically provided in this 
        section, all general laws of the United States and all laws 
        enacted by the Congress and applicable exclusively to the 
        District of Columbia, including regulations and rules prescribed 
        pursuant to any of those laws, that were in
effect on January 1, 1975, and which applied to and in the areas 
included in the National Capital Service Area pursuant to this section 
continue to be applicable to and in the National Capital Service Area in 
the same manner and to the same extent as if this section had not been 
enacted and remain applicable until repealed, amended, altered, 
modified, or superseded.

  (c) Availability of Services and Facilities.--As far as practicable, 
any service or facility authorized by the District of Columbia Home Rule 
Act (Public Law 93-198, 87 Stat. 774) to be rendered or furnished 
(including maintenance of streets and highways, and services under 
section 1537 of title 31) shall be made available to the Senate, the 
House of Representatives, Congress, any committee, commission, or board 
of the Senate, the House of Representatives, or Congress, the Architect 
of the Capitol, any other officer of the legislative branch who on 
January 1, 1975, was vested with authority over those buildings and 
grounds, the Chief Justice of the United States, the Marshal of the 
Supreme Court, and the Librarian of Congress on their request. If 
payment would be required for the rendition or furnishing of a similar 
service or facility to any other federal agency, the recipient, on 
presentation of proper vouchers and as agreed on by the parties, shall 
pay for the service or facility in advance or by reimbursement.
  (d) Right To Participate in Election Not Affected by Residency.--An 
individual may not be denied the right to vote or

[[Page 116 STAT. 1215]]

otherwise participate in any manner in any election in the District of 
Columbia solely because the individual resides in the National Capital 
Service Area.

Sec. 8502. National Capital Service Director

  (a) Establishment and Compensation.--There is in the Executive Office 
of the President the National Capital Service Director who shall be 
appointed by the President. The Director shall receive compensation at 
the maximum rate established for level IV of the Executive Schedule 
under section 5314 of title 5.
  (b) Personnel.--The Director may appoint and fix the rate of 
compensation of necessary personnel, subject to chapters 33 and 51 and 
subchapter III of chapter 53 of title 5.
  (c) Duties.--
          (1) President.--The President, through the Director and using 
        District of Columbia governmental services to the extent 
        practicable, shall ensure that there is provided in the area 
        described in section 8501(a) of this title adequate fire 
        protection and sanitation services.
          (2) Director.--Except with respect to that part of the 
        National Capital Service Area comprising the United States 
        Capitol Buildings and Grounds as defined and described in 
        sections 5101 and 5102, the Supreme Court Building and grounds 
        as described in section 6101 of this title, and the Library of 
        Congress buildings and grounds as defined in section 11 of the 
        Act of August 4, 1950 (2 U.S.C. 167j), the Director shall ensure 
        that there is provided in the remainder of the area described in 
        section 8501(a) of this title adequate police protection and 
        maintenance of streets and highways.

       CHAPTER 87--PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

                          SUBCHAPTER I--GENERAL

Sec.
8701.  Findings and purposes.
8702.  Definitions.

                    SUBCHAPTER II--PLANNING AGENCIES

8711.  National Capital Planning Commission.
8712.  Mayor of the District of Columbia.

                    SUBCHAPTER III--PLANNING PROCESS

8721.  Comprehensive plan for the National Capital.
8722.  Proposed federal and district developments and projects.
8723.  Capital improvements.
8724.  Zoning regulations and maps.
8725.  Recommendations on platting and subdividing land.
8726.  Authorization of appropriations.

             SUBCHAPTER IV--ACQUIRING AND DISPOSING OF LAND

8731.  Acquiring land for park, parkway, or playground purposes.
8732.  Acquiring land subject to limited rights reserved to grantor and 
           limited permanent rights in land adjoining park property.
8733.  Lease of land acquired for park, parkway, or playground purposes.
8734.  Sale of land by Mayor.
8735.  Sale of land by Secretary of the Interior.
8736.  Execution of deeds.
8737.  Authorization of appropriations.

[[Page 116 STAT. 1216]]

                          SUBCHAPTER I--GENERAL

Sec. 8701. Findings and purposes

  (a) Findings.--Congress finds that--
          (1) the location of the seat of government in the District of 
        Columbia has brought about the development of a metropolitan 
        region extending well into adjoining territory in Maryland and 
        Virginia;
          (2) effective comprehensive planning is necessary on a 
        regional basis and of continuing importance to the federal 
        establishment;
          (3) the distribution of federal installations throughout the 
        region has been and will continue to be a major influence in 
        determining the extent and character of development;
          (4) there is needed a central planning agency for the National 
        Capital region to coordinate certain developmental activities of 
        the many different agencies of the Federal and District of 
        Columbia Governments so that those activities may conform with 
        general objectives;
          (5) there is an increasing mutuality of interest and 
        responsibility between the various levels of government that 
        calls for coordinate and unified policies in planning both 
        federal and local development in the interest of order and 
        economy;
          (6) there are developmental problems of an interstate 
        character, the planning of which requires collaboration between 
        federal, state, and local governments in the interest of equity 
        and constructive action; and
          (7) the instrumentalities and procedures provided in this 
        chapter will aid in providing Congress with information and 
        advice requisite to legislation.

  (b) Purposes.--
          (1) In general.--The purposes of this chapter (except sections 
        8733-8736) are--
                  (A) to secure comprehensive planning for the physical 
                development of the National Capital and its environs;
                  (B) to provide for the participation of the 
                appropriate planning agencies of the environs in the 
                planning; and
                  (C) to establish the agency and procedures requisite 
                to the administration of the functions of the Federal 
                and District Governments related to the planning.
          (2) Objective.--The general objective of this chapter (except 
        sections 8733-8736) is to enable appropriate agencies to plan 
        for the development of the federal establishment at the seat of 
        government in a manner--
                  (A) consistent with the nature and function of the 
                National Capital and with due regard for the rights and 
                prerogatives of the adjoining States and local 
                governments to exercise control appropriate to their 
                functions; and
                  (B) which will, in accordance with present and future 
                needs, best promote public health, safety, morals, 
                order, convenience, prosperity, and the general welfare, 
                as well as efficiency and economy in the process of 
                development.

Sec. 8702. Definitions

  In this chapter--

[[Page 116 STAT. 1217]]

          (1) Environs.--The term ``environs'' means the territory 
        surrounding the District of Columbia included in the National 
        Capital region.
          (2) National capital.--The term ``National Capital'' means the 
        District of Columbia and territory the Federal Government owns 
        in the environs.
          (3) National capital region.--The term ``National Capital 
        region'' means--
                  (A) the District of Columbia;
                  (B) Montgomery and Prince Georges Counties in 
                Maryland;
                  (C) Arlington, Fairfax, Loudoun, and Prince William 
                Counties in Virginia; and
                  (D) all cities in Maryland or Virginia in the 
                geographic area bounded by the outer boundaries of the 
                combined area of the counties listed in subparagraphs 
                (B) and (C).
          (4) Planning agency.--The term ``planning agency'' means any 
        city, county, bi-county, part-county, or regional planning 
        agency authorized under state and local laws to make and adopt 
        comprehensive plans.

                    SUBCHAPTER II--PLANNING AGENCIES

Sec. 8711. National Capital Planning Commission

  (a) Establishment and Purpose.--The National Capital Planning 
Commission is the central federal planning agency for the Federal 
Government in the National Capital, created to preserve the important 
historical and natural features of the National Capital, except for the 
United States Capitol Buildings and Grounds (as defined and described in 
sections 5101 and 5102), any extension of, or additions to, those 
Buildings and Grounds, and buildings and grounds under the care of the 
Architect of the Capitol.
  (b) Composition.--
          (1) Membership.--The National Capital Planning Commission is 
        composed of--
                  (A) ex officio, the Secretary of the Interior, the 
                Secretary of Defense, the Administrator of General 
                Services, the Mayor of the District of Columbia, the 
                Chairman of the Council of the District of Columbia, the 
                chairman of the Committee on Governmental Affairs of the 
                Senate, and the chairman of the Committee on Government 
                Reform of the House of Representatives, or an alternate 
                any of those individuals designates; and
                  (B) five citizens with experience in city or regional 
                planning, three of whom shall be appointed by the 
                President and two of whom shall be appointed by the 
                Mayor.
          (2) Residency requirement.--The citizen members appointed by 
        the Mayor shall be residents of the District of Columbia. Of the 
        three appointed by the President, at least one shall be a 
        resident of Virginia and at least one shall be a resident of 
        Maryland.
          (3) Terms.--An individual appointed by the President serves 
        for six years. An individual appointed by the Mayor serves for 
        four years. An individual appointed to fill a vacancy shall be 
        appointed only for the unexpired term of the individual being 
        replaced.

[[Page 116 STAT. 1218]]

          (4) Pay and expenses.--Citizen members are entitled to $100 a 
        day when performing duties vested in the Commission and to 
        reimbursement for necessary expenses incurred in performing 
        those duties.

  (c) Chairman and Officers.--The President shall designate the Chairman 
of the National Capital Planning Commission. The Commission may elect 
from among its members other officers as it considers desirable.
  (d) Personnel.--The National Capital Planning Commission may employ a 
Director, an executive officer, and other technical and administrative 
personnel as it considers necessary. Without regard to section 3709 of 
the Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, 
and subchapter III of chapter 53, of title 5, the Commission may employ, 
by contract or otherwise, the temporary or intermittent (not more than 
one year) services of city planners, architects, engineers, appraisers, 
and other experts or organizations of experts, as may be necessary to 
carry out its functions. The Commission shall fix the rate of 
compensation so as not to exceed the rate usual for similar services.
  (e) Principal Duties.--The principal duties of the National Capital 
Planning Commission include--
          (1) preparing, adopting, and amending a comprehensive plan for 
        the federal activities in the National Capital and making 
        related recommendations to the appropriate developmental 
        agencies; and
          (2) serving as the central planning agency for the Government 
        within the National Capital region and reviewing the development 
        programs of the developmental agencies to advise as to 
        consistency with the comprehensive plan.

  (f) Transfer of Other Functions, Powers, and Duties.--The National 
Capital Planning Commission shall carry out all other functions, powers, 
and duties of the National Capital Park and Planning Commission, 
including those formerly vested in the Highway Commission established by 
the Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly 
vested in the National Capital Park Commission by the Act of June 6, 
1924 (ch. 270, 43 Stat. 463).
  (g) Estimate.--The National Capital Planning Commission shall submit 
to the Office of Management and Budget before December 16 of each year 
its estimate of the total amount to be appropriated for expenditure 
under this chapter (except sections 8732-8736) during the next fiscal 
year.
  (h) Fees.--The National Capital Planning Commission may charge fees to 
cover the full cost of Geographic Information System products and 
services the Commission supplies. The fees shall be credited to the 
applicable appropriation account as an offsetting collection and remain 
available until expended.

Sec. 8712. Mayor of the District of Columbia

  (a) Planning Responsibilities.--The Mayor of the District of Columbia 
is the central planning agency for the government of the District of 
Columbia in the National Capital and is responsible for coordinating the 
planning activities of the District government and for preparing and 
implementing the District elements of the comprehensive plan for the 
National Capital, which may include land use elements, urban renewal and 
redevelopment elements, a multiyear program of public works for the 
District, and physical,

[[Page 116 STAT. 1219]]

social, economic, transportation, and population elements. The Mayor's 
planning responsibility shall not extend to--
          (1) federal or international projects and developments in the 
        District, as determined by the National Capital Planning 
        Commission; or
          (2) the United States Capitol Buildings and Grounds as defined 
        and described in sections 5101 and 5102, any extension of, or 
        additions to, those Buildings and Grounds, and buildings and 
        grounds under the care of the Architect of the Capitol.

  (b) Participation and Consultation.--In carrying out the 
responsibilities under this section and section 8721 of this title, the 
Mayor shall establish procedures for citizen participation in the 
planning process and for appropriate meaningful consultation with any 
state or local government or planning agency in the National Capital 
region affected by any aspect of a comprehensive plan, including 
amendments, affecting or relating to the District.

                    SUBCHAPTER III--PLANNING PROCESS

Sec. 8721. Comprehensive plan for the National Capital

  (a) Preparation and Adoption by Commission.--The National Capital 
Planning Commission shall prepare and adopt a comprehensive, consistent, 
and coordinated plan for the National Capital. The plan shall include 
the Commission's recommendations or proposals for federal developments 
or projects in the environs and District elements of the comprehensive 
plan, or amendments to the elements, adopted by the Council of the 
District of Columbia and with respect to which the Commission has not 
determined a negative impact exists. Those elements or amendments shall 
be incorporated into the comprehensive plan without change. The 
Commission may include in its plan any part of a plan adopted by any 
planning agency in the environs and may make recommendations of 
collateral interest to the agencies. The Commission may adopt any part 
of an element. The Commission shall review and may amend or extend the 
plan so that its recommendations may be kept up to date.
  (b) Review by District of Columbia.--The Mayor of the District of 
Columbia shall submit each District element of the comprehensive plan, 
and any amendment, to the Council for revision or modification, and 
adoption, by act, following public hearings. Following adoption and 
prior to implementation, the Council shall submit each element or 
amendment to the Commission for review and comment with regard to the 
impact of the element or amendment
on the interests or functions of the federal establishment in the 
National Capital.

  (c) Commission Response to Council Action.--
          (1) Period of review.--Within 60 days after receiving an 
        element or amendment from the Council, the Commission shall 
        certify to the Council whether the element or amendment has a 
        negative impact on the interests or functions of the federal 
        establishment in the National Capital.
          (2) No negative impact.--If the Commission takes no action in 
        the 60-day period, the element or amendment is deemed to have no 
        negative impact and shall be incorporated into the comprehensive 
        plan for the National Capital and implemented.
          (3) Negative impact.--

[[Page 116 STAT. 1220]]

                  (A) Certification to council.--If the Commission finds 
                a negative impact, it shall certify its findings and 
                recommendations to the Council.
                  (B) Response of council.--On receipt of the 
                Commission's findings and recommendations, the Council 
                may--
                        (i) accept the findings and recommendations and 
                      modify the element or amendment accordingly; or
                        (ii) reject the findings and recommendations and 
                      resubmit a modified form of the element or 
                      amendment to the Commission for reconsideration.
                  (C) Findings and recommendations accepted.--If the 
                Council accepts the findings and recommendations and 
                modifies the element or amendment, the Council shall 
                submit the element or amendment to the Commission for 
                the Commission to determine whether the modification has 
                been made in accordance with the Commission's findings 
                and recommendations. If the Commission does not act on 
                the modified element or amendment within 30 days after 
                receiving it, the element or amendment is deemed to have 
                been modified in accordance with the findings and 
                recommendations and shall be incorporated into the 
                comprehensive plan for the National Capital and 
                implemented. If within the 30-day period the Commission 
                again determines the element or amendment has a negative 
                impact on the functions or interests of the federal 
                establishment in the National Capital, the element or 
                amendment shall not be implemented.
                  (D) Findings and recommendations rejected.--If the 
                Council rejects the findings and recommendations and 
                resubmits a modified element or amendment, the 
                Commission, within 60 days after receiving it, shall 
                decide whether the modified element or amendment has a 
                negative impact on the interests or functions of the 
                federal establishment within the National Capital. If 
                the Commission does not act within the 60-day period, 
                the modified element or amendment is deemed to have no 
                negative impact and shall be incorporated into the 
                comprehensive plan and implemented. If the Commission 
                finds a negative impact, it shall certify its findings 
                (in sufficient detail that the Council can understand 
                the basis of the objection of the Commission) and 
                recommendations to the Council and the element or 
                amendment shall not be implemented.

  (d) Resubmission Deemed New Element or Amendment.--Any element or 
amendment which the Commission has determined has a negative impact on 
the federal establishment in the National Capital which is submitted 
again in a modified form not less than one year from the day it was last 
rejected by the Commission is deemed to be a new element or amendment 
for purposes of the review procedure specified in this section.
  (e) Review, Hearings, and Citizen Advisory Councils.--
          (1) Review.--Before the comprehensive plan, any element of the 
        plan, or any revision is adopted, the Commission shall present 
        the plan, element, or revision to the appropriate federal or 
        District of Columbia authorities for comment and 
        recommendations. The Commission may present the proposed 
        revisions annually in a consolidated form. Recommendations by 
        federal and District of Columbia authorities are not binding

[[Page 116 STAT. 1221]]

        on the Commission, but the Commission shall give careful 
        consideration to any views and recommendations submitted prior 
        to final adoption.
          (2) Hearings and citizen advisory councils.--The Commission--
                  (A) may provide periodic opportunity for review and 
                comments by nongovernmental agencies or groups through 
                public hearings, meetings, or conferences, exhibitions, 
                and publication of its plans; and
                  (B) in consultation with the Council, may encourage 
                the formation of citizen advisory councils.

  (f) Extension of Time Limitations.--On request of the Commission, the 
Council may grant an extension of any time limitation contained in this 
section.
  (g) Publishing Comprehensive Plan.--As appropriate, the Commission and 
the Mayor jointly shall publish a comprehensive plan for the National 
Capital, consisting of the elements of the comprehensive plan for the 
federal activities in the National Capital developed by the Commission 
and the District elements developed by the Mayor and the Council in 
accordance with this section.
  (h) Procedures for Consultation.--
          (1) Commission and mayor.--The Commission and the Mayor 
        jointly shall establish procedures for appropriate meaningful 
        continuing consultation throughout the planning process for the 
        National Capital.
          (2) Government agencies.--In order that the National Capital 
        may be developed in accordance with the comprehensive plan, the 
        Commission, with the consent of each agency concerned as to its 
        representation, may establish advisory and coordinating 
        committees composed of representatives of agencies of the 
        Federal and District of Columbia Governments as may be necessary 
        or helpful to obtain the maximum amount of cooperation and 
        correlation of effort among the various agencies. As it 
        considers appropriate, the Commission may invite representatives 
        of the planning and developmental agencies of the environs to 
        participate in the work of the committees.

Sec. 8722. Proposed federal and district developments and projects

  (a) Agencies To Use Commission as Central Planning Agency.--Agencies 
of the Federal Government responsible for public developments and 
projects shall cooperate and correlate their efforts by using the 
National Capital Planning Commission as the central planning agency for 
federal activities in the National Capital region. To aid the Commission 
in carrying out this function, federal and District of Columbia 
governmental agencies on request of the Commission shall furnish plans, 
data, and records the Commission requires. The Commission on request 
shall furnish related plans, data, and records to federal and District 
of Columbia governmental agencies.
  (b) Consultation Between Agencies and Commission.--
          (1) Before construction plans prepared.--To ensure the 
        comprehensive planning and orderly development of the National 
        Capital, a federal or District of Columbia agency, before 
        preparing construction plans the agency originates for proposed 
        developments and projects or before making a commitment to 
        acquire land, to be paid for at least in part from

[[Page 116 STAT. 1222]]

        federal or District amounts, shall advise and consult with the 
        Commission as the agency prepares plans and programs in 
        preliminary and successive stages that affect the plan and 
        development of the National Capital. After receiving the plans, 
        maps, and data, the Commission promptly shall make a preliminary 
        report and recommendations to the agency. If the agency, after 
        considering the report and recommendations of the Commission, 
        does not agree, it shall advise the Commission and provide the 
        reasons why it does not agree. The Commission then shall
submit a final report. After consultation and suitable consideration of 
the views of the Commission, the agency may proceed to take action in 
accordance with its legal responsibilities and authority.
          (2) Exceptions.--
                  (A) In general.--Paragraph (1) does not apply to 
                projects within the Capitol grounds or to structures 
                erected by the Department of Defense during wartime or 
                national emergency within existing military, naval, or 
                Air Force reservations, except that the appropriate 
                defense agency shall consult with the Commission as to 
                any developments which materially affect traffic or 
                require coordinated planning of the surrounding area.
                  (B) Advance decisions of commission.--The Commission 
                shall determine in advance the type or kinds of plans, 
                developments, projects, improvements, or acquisitions 
                which do not need to be submitted for review by the 
                Commission as to conformity with its plans.

  (c) Additional Procedure for Developments and Projects Within 
Environs.--
          (1) Submission to commission.--Within the environs, general 
        plans showing the location, character, and extent of, and 
        intensity of use for, proposed federal and District developments 
        and projects involving the acquisition of land shall be 
        submitted to the Commission for report and recommendations 
        before a final commitment to the acquisition is made, unless the 
        matter specifically has been approved by law.
          (2) Commission action.--Before acting on any general plan, the 
        Commission shall advise and consult with the appropriate 
        planning agency having jurisdiction over the affected part of 
        the environs. When the Commission decides that proposed 
        developments or projects submitted to the Commission under 
        subsection (b) involve a major change in the character or 
        intensity of an existing use in the environs, the Commission 
        shall advise and consult with the planning agency. The report 
        and recommendations shall be submitted within 60 days and shall 
        be accompanied by any reports or recommendations of the planning 
        agency.
          (3) Working with state or local authority or agency.--In 
        carrying out its planning functions with respect to federal 
        developments or projects in the environs, the Commission may 
        work with, and make agreements with, any state or local 
        authority or planning agency as the Commission considers 
        necessary to have a plan or proposal adopted and carried out.

  (d) Approval of Federal Public Buildings.--The provisions of the Act 
of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal 
public buildings. In order to ensure the orderly development of the 
National Capital, the location, height, bulk,

[[Page 116 STAT. 1223]]

number of stories, and size of federal public buildings in the District 
of Columbia and the provision for open space in and around federal 
public buildings in the District of Columbia is subject to the approval 
of the Commission.
  (e) Approval of District Government Buildings in Central Area.--
Subsection (d) is extended to include public buildings erected by any 
agency of the Government of the District of Columbia in the central area 
of the District (as defined by concurrent action of the Commission and 
the Council of the District of Columbia), except that the Commission 
shall transmit its approval or disapproval within 30 days after the day 
the proposal was submitted to the Commission.

Sec. 8723. Capital improvements

  (a) Six-Year Program of Public Works Projects.--The National Capital 
Planning Commission shall recommend a six-year program of public works 
projects for the Federal Government which the Commission shall review 
annually with the agencies concerned. Each federal agency shall submit 
to the Commission in the first quarter of each fiscal year a copy of its 
advance program of capital improvements within the National Capital and 
its environs.
  (b) Submission of Multiyear Capital Improvement Plan.--By February 1 
of each year, the Mayor of the District of Columbia shall submit to the 
Commission a copy of the multiyear capital improvements plan for the 
District of Columbia that the Mayor develops under section 444 of the 
District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 800). 
The Commission has 30 days in which to comment on the plan but may not 
change or disapprove of the plan.

Sec. 8724. Zoning regulations and maps

  (a) Amendments of Zoning Regulations and Maps.--The National Capital 
Planning Commission may make a report and recommendation to the Zoning 
Commission of the District of Columbia, as provided in section 5 of the 
Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation, 
conformity, or consistency of proposed amendments of the zoning 
regulations and maps with the comprehensive plan for the National 
Capital. The Planning Commission may also submit to the Zoning 
Commission proposed amendments or general revisions to the zoning 
regulations or the zoning map for the District of Columbia.
  (b) Additional Report by Planning Commission.--When requested by an 
authorized representative of the Planning Commission, the Zoning 
Commission may recess for a reasonable period of time any public hearing 
it is holding to consider a proposed amendment to the zoning regulations 
or map so that the Planning Commission may have an opportunity to 
present to the Zoning Commission an additional report on the proposed 
amendment.
  (c) Zoning Committee of National Capital Planning Commission.--
          (1) Establishment and composition.--There is a Zoning 
        Committee of the National Capital Planning Commission. The 
        Committee consists of at least three members of the Planning 
        Commission the Planning Commission designates for that purpose. 
        The number of members serving on the Committee may vary.

[[Page 116 STAT. 1224]]

          (2) Duties.--The Committee shall carry out the functions 
        vested in the Planning Commission under this section and section 
        8725 of this title--
                  (A) to the extent the Planning Commission decides; and
                  (B) when requested by the Zoning Commission and 
                approved by the Planning Commission.

Sec. 8725. Recommendations on platting and subdividing land

  (a) By Council of the District of Columbia.--The Council of the 
District of Columbia shall submit any proposed change in, or addition 
to, the regulations or general orders regulating the platting and 
subdividing of lands and grounds in the District of Columbia to the 
National Capital Planning Commission for report and recommendation 
before the Council adopts the change or addition. The Council shall 
advise the Commission when it does not agree with the recommendations of 
the Commission and shall give the reasons why it disagrees. The 
Commission then shall submit a final report within 30 days. After 
considering the final report, the Council may act in accordance with its 
legal responsibilities and authority.
  (b) By Planning Commission.--The Commission shall submit to the 
Council any proposed change in, or amendment to, the general orders that 
the Commission considers appropriate. The Council shall treat the 
amendments proposed in the same manner as other proposed amendments.

Sec. 8726. Authorization of appropriations

  Amounts necessary to carry out this subchapter may be appropriated 
from money in the Treasury not otherwise appropriated and from any 
appropriate appropriation law, except the annual District of Columbia 
Appropriation Act.

             SUBCHAPTER IV--ACQUIRING AND DISPOSING OF LAND

Sec. 8731. Acquiring land for park, parkway, or playground purposes

  (a) Authority To Acquire Land.--The National Capitol Planning 
Commission shall acquire land the Planning Commission believes is 
necessary and desirable in the District of Columbia and adjacent areas 
in Maryland and Virginia for suitable development of the National 
Capital park, parkway, and
playground system. The acquisition must be within the limits of the 
appropriations made for those purposes. The Planning Commission shall 
request the advice of the Commission of Fine Arts in selecting land to 
be acquired.

  (b) How Land May Be Acquired.--
          (1) Purchase or condemnation proceeding.--The National Capital 
        Planning Commission may buy land when the land can be acquired 
        at a price the Planning Commission considers reasonable or by a 
        condemnation proceeding when the land cannot be bought at a 
        reasonable price.
          (2) Land in the district of columbia.--A condemnation 
        proceeding to acquire land in the District of Columbia shall be 
        conducted in accordance with section 1 of the Act of December 
        23, 1963 (Public Law 88-241, 77 Stat. 571).

[[Page 116 STAT. 1225]]

          (3) Land in maryland or virginia.--The Planning Commission may 
        acquire land in Maryland or Virginia under arrangements agreed 
        to by the Commission and the proper officials of Maryland or 
        Virginia.

  (c) Control of Land.--
          (1) Land in the district of columbia.--Land acquired in the 
        District of Columbia shall be a part of the park system of the 
        District of Columbia and be under the control of the Director of 
        the National Park Service. The National Capital Planning 
        Commission may assign areas suitable for playground purposes to 
        the control of the Mayor of the District of Columbia for 
        playground purposes.
          (2) Land in maryland or virginia.--Land acquired in Maryland 
        or Virginia shall be controlled as determined by agreement 
        between the Planning Commission and the proper officials of 
        Maryland or Virginia.

  (d) Presidential Approval Required.--The designation of all land to be 
acquired by condemnation, all contracts to purchase land, and all 
agreements between the National Capital Planning Commission and the 
officials of Maryland and Virginia are subject to the approval of the 
President.

Sec. 8732. Acquiring land subject to limited rights reserved to grantor 
                        and limited permanent rights in land adjoining 
                        park property

  (a) In General.--The National Capital Planning Commission in 
accordance with this chapter may acquire, for and on behalf of the 
Federal Government, by gift, devise, purchase, or condemnation--
          (1) fee title to land subject to limited rights, but not for 
        business purposes, reserved to the grantor; and
          (2) permanent rights in land adjoining park property 
        sufficient to prevent the use of the land in certain specified 
        ways which would essentially impair the value of the park 
        property for its purposes.

  (b) Prerequisites to Acquisition.--
          (1) Fee title to land subject to limited rights.--The 
        reservation of rights to the grantor shall not continue beyond 
        the life of the grantor of the fee. The Commission must decide 
        that the permanent public park purposes for which control over 
        the land is needed are not essentially impaired by the reserved 
        rights and that there is a substantial saving in cost by 
        acquiring the land subject to the limited rights as compared 
        with the cost of acquiring unencumbered title to the land.
          (2) Permanent rights in land adjoining park property.--The 
        Commission must decide that the protection and maintenance of 
        the essential public values of the park can be secured more 
        economically by acquiring the permanent rights than by acquiring 
        the land.

  (c) Presidential Approval Required.--All contracts to acquire land or 
rights under this section are subject to the approval of the President.

Sec. 8733. Lease of land acquired for park, parkway, or playground 
                        purposes

  The Secretary of the Interior may lease, for not more than five years, 
land or an existing building or structure on land acquired

[[Page 116 STAT. 1226]]

for park, parkway, or playground purposes, and may renew the lease for 
an additional five years. A lease or renewal under this section is--
          (1) subject to the approval of the National Capital Planning 
        Commission;
          (2) subject to the need for the immediate use of the land, 
        building, or structure in other ways by the public; and
          (3) on terms the Administrator decides.

Sec. 8734. Sale of land by Mayor

  (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.

Sec. 8735. Sale of land by Secretary of the Interior

  (a) Authority To Sell.--With the approval of the National Capital 
Planning Commission, the Secretary of the Interior, for the best 
interests of the Federal Government, may sell, by deed or instrument, 
real estate held by the Government in the District of Columbia and under 
the jurisdiction of the National Park Service which may be no longer 
needed for public purposes. The land may be sold for cash or on a 
deferred-payment plan the Secretary approves, at a price not less than 
the Government paid for it and not less than its present appraised value 
as determined by the Secretary.
  (b) Sale to Highest Bidder.--In selling any parcel of land under this 
section, the Secretary shall have public or private solicitation for 
bids or offers be made as the Secretary considers appropriate. The 
Secretary shall sell the parcel to the party agreeing to pay the highest 
price if the price is otherwise satisfactory. If the price offered or 
bid by the owner of land abutting the land to be sold equals the highest 
price offered or bid by any other party, the parcel may be sold to the 
owner of the abutting land.
  (c) Paying Expenses and Depositing Proceeds.--The Secretary--
          (1) may pay the reasonable and necessary expenses of the sale 
        of each parcel of land sold; and
          (2) shall deposit the net proceeds of each sale in the 
        Treasury to the credit of the Government and the District of 
        Columbia in the proportion that each--
                  (A) paid the appropriations used to acquire the 
                parcels; or
                  (B) was obligated to pay the appropriations, at the 
                time of acquisition, by reimbursement.

[[Page 116 STAT. 1227]]

Sec. 8736. Execution of deeds

  The Mayor of the District of Columbia may execute deeds of conveyance 
for real estate sold under this subchapter. The deeds shall contain a 
full description of the land sold as required by law.

Sec. 8737. Authorization of appropriations

  An amount equal to not more than one cent for each inhabitant of the 
continental United States as determined by the last preceding decennial 
census may be appropriated each year in the District of Columbia 
Appropriation Act for the National Capital Planning Commission to use 
for the payment of its expenses and for the acquisition of land the 
Commission may acquire under section 8731 of this title for the purposes 
named, including compensation for the land, surveys, ascertainment of 
title, condemnation proceedings, and necessary conveyancing. The 
appropriated amounts shall be paid from the revenues of the District of 
Columbia and the general amounts of the Treasury in the same proportion 
as other expenses of the District of Columbia.

     CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

Sec.
8901.  Purposes.
8902.  Definitions and nonapplication.
8903.  Congressional authorization of commemorative works.
8904.  National Capital Memorial Commission.
8905.  Site and design approval.
8906.  Criteria for issuance of construction permit.
8907.  Temporary site designation.
8908.  Areas I and II.
8909.  Administrative.

Sec. 8901. Purposes

  The purposes of this chapter are--
          (1) to preserve the integrity of the comprehensive design of 
        the L'Enfant and McMillan plans for the Nation's Capital;
          (2) to ensure the continued public use and enjoyment of open 
        space in the District of Columbia;
          (3) to preserve, protect and maintain the limited amount of 
        open space available to residents of, and visitors to, the 
        Nation's Capital; and
          (4) to ensure that future commemorative works in areas 
        administered by the National Park Service and the Administrator 
        of General Services in the District of Columbia and its 
        environs--
                  (A) are appropriately designed, constructed, and 
                located; and
                  (B) reflect a consensus of the lasting national 
                significance of the subjects involved.

Sec. 8902. Definitions and nonapplication

  (a) Definitions.--In this chapter, the following definitions apply:
          (1) Commemorative work.--The term ``commemorative work''--
                  (A) means any statue, monument, sculpture, memorial, 
                plaque, inscription, or other structure or landscape 
                feature, including a garden or memorial grove, designed 
                to perpetuate in a permanent manner the memory of an 
                individual,

[[Page 116 STAT. 1228]]

                group, event or other significant element of American 
                history; but
                  (B) does not include an item described in subclause 
                (A) that is located within the interior of a structure 
                or a structure which is primarily used for other 
                purposes.
          (2) Person.--The term ``person'' means--
                  (A) a public agency; and
                  (B) an individual, group or organization--
                        (i) described in section 501(c)(3) of the 
                      Internal Revenue Code of 1986 (26 U.S.C. 
                      501(c)(3)) and exempt from tax under section 
                      501(a) of the Code (26 U.S.C. 501(a)); and
                        (ii) authorized by Congress to establish a 
                      commemorative work in the District of Columbia and 
                      its environs.
          (3) The district of columbia and its environs.--The term ``the 
        District of Columbia and its environs'' means land and property 
        located in Areas I and II as depicted on the map numbered 869/
        86581, and dated May 1, 1986, that the National Park Service and 
        the Administrator of General Services administer.

  (b) Nonapplication.--This chapter does not apply to commemorative 
works authorized by a law enacted before January 3, 1985.

Sec. 8903. Congressional authorization of commemorative works

  (a) In General.--Commemorative works--
          (1) may be established on federal lands referred to in section 
        8901(4) of this title only as specifically authorized by law; 
        and
          (2) are subject to applicable provisions of this chapter.

  (b) Military Commemorative Works.--A military commemorative work may 
be authorized only to commemorate a war or similar major military 
conflict or a branch of the armed forces. A commemorative work 
commemorating a lesser conflict or a unit of an armed force may not be 
authorized. Commemorative works to a war or similar major military 
conflict may not be authorized until at least 10 years after the 
officially designated end of the event.
  (c) Works Commemorating Events, Individuals, or Groups.--A 
commemorative work commemorating an event, individual, or group of 
individuals, except a military commemorative work as described in 
subsection (b), may not be authorized until after the 25th anniversary 
of the event, death of the individual, or death of the last surviving 
member of the group.
  (d) Consultation With National Capital Memorial Commission.--In 
considering legislation authorizing commemorative works in the District 
of Columbia and its environs, the Committee on House Administration of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate shall solicit the views of the National Capital 
Memorial Commission.
  (e) Expiration of Legislative Authority.--Legislative authority for a 
commemorative work expires at the end of the seven-year period beginning 
on the date the authority is enacted unless the Secretary of the 
Interior or Administrator of General Services, as appropriate, has 
issued a construction permit for the commemorative work during that 
period.

[[Page 116 STAT. 1229]]

Sec. 8904. National Capital Memorial Commission

  (a) Establishment and Composition.--There is a National Capital 
Memorial Commission. The membership of the Commission consists of--
          (1) the Director of the National Park Service;
          (2) the Architect of the Capitol;
          (3) the Chairman of the American Battle Monuments Commission;
          (4) the Chairman of the Commission of Fine Arts;
          (5) the Chairman of the National Capital Planning Commission;
          (6) the Mayor of the District of Columbia;
          (7) the Commissioner of the Public Buildings Service of the 
        General Services Administration; and
          (8) the Secretary of Defense.

  (b) Chairman.--The Director is the Chairman of the National Capital 
Memorial Commission.
  (c) Advisory Role.--The National Capital Memorial Commission shall 
advise the Secretary of the Interior and the Administrator of General 
Services on policy and procedures for establishment of, and proposals to 
establish, commemorative works in the District of Columbia and its 
environs and on other matters concerning commemorative works in the 
Nation's Capital as the Commission considers appropriate.
  (d) Meetings.--The National Capital Memorial Commission shall meet at 
least twice annually.

Sec. 8905. Site and design approval

  (a) Consultation on, and Submission of, Proposals.--A person 
authorized by law to establish a commemorative work in the District of 
Columbia and its environs may request a permit for construction of the 
commemorative work only after the following requirements are met:
          (1) Consultation.--The person must consult with the National 
        Capital Memorial Commission regarding the selection of 
        alternative sites and designs for the commemorative work.
          (2) Submittal.--Following consultation in accordance with 
        clause (1), the Secretary of the Interior or the Administrator 
        of General Services, as appropriate, must submit, on behalf of 
        the person, site and design proposals to the Commission of Fine 
        Arts and the National Capital Planning Commission for their 
        approval.

  (b) Decision Criteria.--In considering site and design proposals, the 
Commission of Fine Arts, National Capital Planning Commission, 
Secretary, and Administrator shall be guided by, but not limited by, the 
following criteria:
          (1) Surroundings.--To the maximum extent possible, a 
        commemorative work shall be located in surroundings that are 
        relevant to the subject of the work.
          (2) Location.--A commemorative work shall be located so that--
                  (A) it does not interfere with, or encroach on, an 
                existing commemorative work; and
                  (B) to the maximum extent practicable, it protects 
                open space and existing public use.
          (3) Material.--A commemorative work shall be constructed of 
        durable material suitable to the outdoor environment.

[[Page 116 STAT. 1230]]

          (4) Landscape features.--Landscape features of commemorative 
        works shall be compatible with the climate.

Sec. 8906. Criteria for issuance of construction permit

  (a) Criteria for Issuing Permit.--Before issuing a permit for the 
construction of a commemorative work in the District of Columbia and its 
environs, the Secretary of the Interior or Administrator of General 
Services, as appropriate, shall determine that--
          (1) the site and design have been approved by the Secretary or 
        Administrator, the National Capital Planning Commission and the 
        Commission of Fine Arts;
          (2) knowledgeable individuals qualified in the field of 
        preservation and maintenance have been consulted to determine 
        structural soundness and durability of the commemorative work 
        and to ensure that the commemorative work meets high 
        professional standards;
          (3) the person authorized to construct the commemorative work 
        has submitted contract documents for construction of the 
        commemorative work to the Secretary or Administrator; and
          (4) the person authorized to construct the commemorative work 
        has available sufficient amounts to complete construction of the 
        project.

  (b) Donation for Perpetual Maintenance and Preservation.--
          (1) Amount.--In addition to the criteria described in 
        subsection (a), a construction permit may not be issued unless 
        the person authorized to construct the commemorative work has 
        donated an amount equal to 10 percent of the total estimated 
        cost of construction to offset the costs of perpetual 
        maintenance and preservation of the commemorative work. The 
        amounts shall be credited to a separate account in the Treasury.
          (2) Availability.--The Secretary of the Treasury shall make 
        any part of the donated amount available to the Secretary of the 
        Interior or Administrator for maintenance at the request of the 
        Secretary of the Interior or Administrator. The Secretary of the 
        Interior or Administrator shall not request more from the 
        separate account than the total amount deposited by persons 
        establishing commemorative works in areas the Secretary of the 
        Interior or Administrator administers.
          (3) Inventory of available amounts.--The Secretary of the 
        Interior and Administrator shall maintain an inventory of 
        amounts available under this subsection. The amounts are not 
        subject to annual appropriations.
          (4) Nonapplicability.--This subsection does not apply when a 
        department or agency of the Federal Government constructs the 
        work and less than 50 percent of the funding for the work is 
        provided by private sources.

  (c) Suspension for Misrepresentation in Fundraising.--The Secretary of 
the Interior or Administrator may suspend any activity under this 
chapter that relates to the establishment of a commemorative work if the 
Secretary or Administrator determines that fundraising efforts relating 
to the work have misrepresented an affiliation with the work or the 
Federal Government.

[[Page 116 STAT. 1231]]

  (d) Annual Report.--The person authorized to construct a commemorative 
work under this chapter must submit to the Secretary of the Interior or 
Administrator an annual report of operations, including financial 
statements audited by an independent certified public accountant. The 
person shall pay for the report.

Sec. 8907. Temporary site designation

  (a) Criterion for Designation.--If the Secretary of the Interior, in 
consultation with the National Capital Memorial Commission, determines 
that a site where commemorative works may be displayed on a temporary 
basis is necessary to aid in the preservation of the limited amount of 
open space available to residents of, and visitors to, the Nation's 
Capital, a site may be designated on land the Secretary administers in 
the District of Columbia.
  (b) Plan.--A designation may be made under subsection (a) only if, at 
least 120 days before the designation, the Secretary, in consultation 
with the Commission, prepares and submits to Congress a plan for the 
site. The plan shall include specifications for the location, 
construction, and administration of the site and criteria for displaying 
commemorative works at the site.
  (c) Risk and Agreement To Indemnify.--A commemorative work displayed 
at the site shall be installed, maintained, and removed at the sole 
expense and risk of the person authorized to display the work. The 
person shall agree to indemnify the United States for any liability 
arising from the display of the commemorative work under this section.

Sec. 8908. Areas I and II

  (a) Availability of Map.--The Secretary of the Interior and 
Administrator of General Services shall make available, for public 
inspection at appropriate offices of the National Park Service and the 
General Services Administration, the map numbered 869/86581, and dated 
May 1, 1986.
  (b) Specific Conditions Applicable to Area I and Area II.--
          (1) Area i.--After seeking the advice of the National Capital 
        Memorial Commission, the Secretary or Administrator, as 
        appropriate, may recommend the location of a commemorative work 
        in Area I only if the Secretary or Administrator decides that 
        the subject of the commemorative work is of preeminent 
        historical and lasting significance to the United States. The 
        Secretary or Administrator shall notify the Commission, the 
        Committee on House Administration of the House of 
        Representatives, and the Committee on Energy and Natural 
        Resources of the Senate of the recommendation that a 
        commemorative work should be located in Area I. The location of 
        a commemorative work in Area I is deemed to be authorized only 
        if the recommendation is approved by law not later than 150 
        calendar days after the notification.
          (2) Area ii.--Commemorative works of subjects of lasting 
        historical significance to the American people may be located in 
        Area II.

Sec. 8909. Administrative

  (a) Maintenance of Documentation of Design and Construction.--Complete 
documentation of design and construction of each commemorative work 
located in the District of Columbia and its environs shall be provided 
to the Secretary of the Interior or

[[Page 116 STAT. 1232]]

Administrator of General Services, as appropriate, and shall be 
permanently maintained in the manner provided by law.
  (b) Responsibility for Maintenance of Completed Work.--On completion 
of any commemorative work in the District of Columbia and its environs, 
the Secretary or Administrator, as appropriate, shall assume 
responsibility for maintaining the work.
  (c) Regulations or Standards.--The Secretary and Administrator shall 
prescribe appropriate regulations or standards to carry out this 
chapter.

                   CHAPTER 91--COMMISSION OF FINE ARTS

Sec.
9101.  Establishment, composition, and vacancies.
9102.  Duties.
9103.  Personnel.
9104.  Authorization of appropriations.

Sec. 9101. Establishment, composition, and vacancies

  (a) Establishment.--There is a Commission of Fine Arts.
  (b) Composition.--The Commission is composed of seven well-qualified 
judges of the fine arts, appointed by the President, who serve for four 
years each or until their successors are appointed and qualified.
  (c) Vacancies.--The President shall fill vacancies on the Commission.
  (d) Expenses.--Members of the Commission shall be paid actual expenses 
in traveling to and from the District of Columbia to attend Commission 
meetings and while attending those meetings.

Sec. 9102. Duties

  (a) In General.--The Commission of Fine Arts shall advise on--
          (1) the location of statues, fountains, and monuments in the 
        public squares, streets, and parks in the District of Columbia;
          (2) the selection of models for statues, fountains, and 
        monuments erected under the authority of the Federal Government;
          (3) the selection of artists to carry out clause (2); and
          (4) questions of art generally when required to do so by the 
        President or a committee of Congress.

  (b) Duty To Request Advice.--The officers required to decide the 
questions described in subsection (a)(1)-(3) shall request the 
Commission to provide the advice.
  (c) Nonapplication.--This section does not apply to the Capitol 
Building and the Library of Congress buildings.

Sec. 9103. Personnel

  The Commission of Fine Arts has a secretary and other assistance the 
Commission authorizes. The secretary is the executive officer of the 
Commission.

Sec. 9104. Authorization of appropriations

  Necessary amounts may be appropriated to carry out this chapter.

                  CHAPTER 93--THEODORE ROOSEVELT ISLAND

Sec.
9301.  Maintenance and administration.
9302.  Consent of Theodore Roosevelt Association required for 
           development.

[[Page 116 STAT. 1233]]

9303.  Access to Theodore Roosevelt Island.
9304.  Source of appropriations.

Sec. 9301. Maintenance and administration

  The Director of the National Park Service shall maintain and 
administer Theodore Roosevelt Island as a natural park for the 
recreation and enjoyment of the public.

Sec. 9302. Consent of Theodore Roosevelt Association required for 
                        development

  (a) General Plan for Development.--The Theodore Roosevelt Association 
must approve every general plan for the development of Theodore 
Roosevelt Island.
  (b) Development Inconsistent with Plan.--As long as the Association 
remains in existence, development inconsistent with the general plan may 
not be carried out without the Association's consent.

Sec. 9303. Access to Theodore Roosevelt Island

  Subject to the approval of the National Capital Planning Commission 
and the availability of appropriations, the Director of the National 
Park Service may provide suitable means of access to and on Theodore 
Roosevelt Island.

Sec. 9304. Source of appropriations

  The appropriations needed for construction of suitable means of access 
to and on Theodore Roosevelt Island and annually for the care, 
maintenance, and improvement of the land and improvements may be made 
from amounts not otherwise appropriated from the Treasury.

 CHAPTER 95--WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT 
                               OF COLUMBIA

Sec.
9501.  Chief of Engineers.
9502.  Authority of Chief of Engineers.
9503.  Record of property.
9504.  Reports.
9505.  Paying for main pipes.
9506.  Civil penalty.
9507.  Control of expenditures.

Sec. 9501. Chief of Engineers

  (a) Superintendence Duties.--
          (1) Washington aqueduct and other public works and 
        improvements in the district of columbia.--The Chief of 
        Engineers has the immediate superintendence of--
                  (A) the Washington Aqueduct, together with all rights, 
                appurtenances, and fixtures connected with the Aqueduct 
                and belonging to the Federal Government; and
                  (B) all other public works and improvements in the 
                District of Columbia in which the Government has an 
                interest and which are not otherwise specially provided 
                for by law.
          (2) Obeying regulations.--In carrying out paragraph (1), the 
        Chief of Engineers shall obey regulations the President 
        prescribes, through the Secretary of the Army.

  (b) No Increase in Compensation.--The Chief of Engineers shall not 
receive additional compensation for the services required under this 
chapter.

[[Page 116 STAT. 1234]]

  (c) Office.--The Chief of Engineers shall be furnished an office in 
one of the public buildings in the District of Columbia, as the 
Administrator of General Services directs, and shall be supplied by the 
Federal Government with stationery, instruments, books, and furniture 
which may be required for the performance of the duties of the Chief of 
Engineers.

Sec. 9502. Authority of Chief of Engineers

  (a) In General.--The Chief of Engineers and necessary assistants may 
use all lawful means to carry out their duties.
  (b) Supply of Water in District of Columbia.--
          (1) Providing water.--The Chief of Engineers has complete 
        control over the Washington Aqueduct to regulate the manner in 
        which the authorities of the District of Columbia may tap the 
        supply of water to the inhabitants of the District of Columbia.
          (2) Stoppage of water flow.--The Chief of Engineers shall stop 
        the authorities of the District of Columbia from tapping the 
        supply of water when the supply is no more than adequate to the 
        wants of the public buildings and grounds.
          (3) Appeal of decision.--The decision of the Chief of 
        Engineers on all questions concerning the supply of water under 
        this subsection may be appealed only to the Secretary of the 
        Army.

Sec. 9503. Record of property

  The Chief of Engineers shall keep in the office a complete record of 
all land and other property connected with or belonging to the 
Washington Aqueduct and other public works under the charge of the Chief 
of Engineers, together with accurate plans and surveys of the public 
grounds and reservations in the District of Columbia.

Sec. 9504. Reports

  As superintendent of the Washington Aqueduct, the Chief of Engineers 
annually shall submit to the Secretary of the Army, within nine months 
after the end of the fiscal year, a report of the Chief of Engineers' 
operations for that year and a report of the condition, progress, 
repairs, casualties, and expenditures of the Washington Aqueduct and 
other public works under the charge of the Chief of Engineers.

Sec. 9505. Paying for main pipes

  (a) Federal Government.--The Federal Government shall only pay for the 
number of main pipes of the Washington Aqueduct needed to furnish public 
buildings, offices, and grounds with the necessary supply of water.
  (b) District of Columbia.--The District of Columbia shall pay the cost 
of any main pipe of the Washington Aqueduct which supplies water to the 
inhabitants of the District of Columbia, in the manner provided by law.

Sec. 9506. Civil penalty

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

[[Page 116 STAT. 1235]]

Sec. 9507. Control of expenditures

  Unless expressly provided for by law, the Secretary of the Army shall 
direct the expenditure of amounts appropriated for the Washington 
Aqueduct and for other public works in the District of Columbia.

             SUBTITLE III--INFORMATION TECHNOLOGY MANAGEMENT

Chapter                                                             Sec.
            GENERAL                                                11101
            RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION         11301
                TECHNOLOGY
            INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS      11501
            ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS    11701

                          CHAPTER 111--GENERAL

Sec.
11101.  Definitions.
11102.  Sense of Congress.
11103.  Applicability to national security systems.

Sec. 11101. Definitions

  In this subtitle, the following definitions apply:
          (1) Commercial item.--The term ``commercial item'' has the 
        meaning given that term in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403).
          (2) Executive agency.--The term ``executive agency'' has the 
        meaning given that term in section 4 of the Act (41 U.S.C. 403).
          (3) Information resources.--The term ``information resources'' 
        has the meaning given that term in section 3502 of title 44.
          (4) Information resources management.--The term ``information 
        resources management'' has the meaning given that term in 
        section 3502 of title 44.
          (5) Information system.--The term ``information system'' has 
        the meaning given that term in section 3502 of title 44.
          (6) Information technology.--The term ``information 
        technology''--
                  (A) with respect to an executive agency means any 
                equipment or interconnected system or subsystem of 
                equipment, used in the automatic acquisition, storage, 
                manipulation, management, movement, control, display, 
                switching, interchange, transmission, or reception of 
                data or information by the executive agency, if the 
                equipment is used by the executive agency directly or is 
                used by a contractor under a contract with the executive 
                agency that requires the use--
                        (i) of that equipment; or
                        (ii) of that equipment to a significant extent 
                      in the performance of a service or the furnishing 
                      of a product;
                  (B) includes computers, ancillary equipment, software, 
                firmware and similar procedures, services (including 
                support services), and related resources; but
                  (C) does not include any equipment acquired by a 
                federal contractor incidental to a federal contract.

[[Page 116 STAT. 1236]]

Sec. 11102. Sense of Congress

  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.

Sec. 11103. Applicability to national security systems

  (a) Definition.--
          (1) National security system.--In this section, the term 
        ``national security system'' means a telecommunications or 
        information system operated by the Federal Government, the 
        function, operation, or use of which--
                  (A) involves intelligence activities;
                  (B) involves cryptologic activities related to 
                national security;
                  (C) involves command and control of military forces;
                  (D) involves equipment that is an integral part of a 
                weapon or weapons system; or
                  (E) subject to paragraph (2), is critical to the 
                direct fulfillment of military or intelligence missions.
          (2) Limitation.--Paragraph (1)(E) does not include a system to 
        be used for routine administrative and business applications 
        (including payroll, finance, logistics, and personnel management 
        applications).

  (b) In General.--Except as provided in subsection (c), chapter 113 of 
this title does not apply to national security systems.
  (c) Exceptions.--
          (1) In general.--Sections 11313, 11315, and 11316 of this 
        title apply to national security systems.
          (2) Capital planning and investment control.--The heads of 
        executive agencies shall apply sections 11302 and 11312 of this 
        title to national security systems to the extent practicable.
          (3) Applicability of performance-based and results-based 
        management to national security systems.--
                  (A) In general.--Subject to subparagraph (B), the 
                heads of executive agencies shall apply section 11303 of 
                this title to national security systems to the extent 
                practicable.
                  (B) Exception.--National security systems are subject 
                to section 11303(b)(5) of this title, except for 
                subparagraph (B)(iv).

 CHAPTER 113--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY

        SUBCHAPTER I--DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec.
11301.  Responsibility of Director.
11302.  Capital planning and investment control.
11303.  Performance-based and results-based management.

                    SUBCHAPTER II--EXECUTIVE AGENCIES

11311.  Responsibilities.

[[Page 116 STAT. 1237]]

11312.  Capital planning and investment control.
11313.  Performance and results-based management.
11314.  Authority to acquire and manage information technology.
11315.  Agency Chief Information Officer.
11316.  Accountability.
11317.  Significant deviations.
11318.  Interagency support.

                 SUBCHAPTER III--OTHER RESPONSIBILITIES

11331.  Responsibilities regarding efficiency, security, and privacy of 
           federal computer systems.
11332.  Federal computer system security training and plan.

        SUBCHAPTER I--DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec. 11301. Responsibility of Director

  In fulfilling the responsibility to administer the functions assigned 
under chapter 35 of title 44, the Director of the Office of Management 
and Budget shall comply with this chapter with respect to the specific 
matters covered by this chapter.

Sec. 11302. Capital planning and investment control

  (a) Federal Information Technology.--The Director of the Office of 
Management and Budget shall perform the responsibilities set forth in 
this section in fulfilling the responsibilities under section 3504(h) of 
title 44.
  (b) Use of Information Technology in Federal Programs.--The Director 
shall promote and improve the acquisition, use, and disposal of 
information technology by the Federal Government to improve the 
productivity, efficiency, and effectiveness of federal programs, 
including through dissemination of public information and the reduction 
of information collection burdens on the public.
  (c) Use of Budget Process.--
          (1) Analyzing, tracking, and evaluating capital investments.--
        As part of the budget process, the Director shall develop a 
        process for analyzing, tracking, and evaluating the risks and 
        results of all major capital investments made by an executive 
        agency for information systems. The process shall cover the life 
        of each system and shall include explicit criteria for analyzing 
        the projected and actual costs, benefits, and risks associated 
        with the investments.
          (2) Report to congress.--At the same time that the President 
        submits the budget for a fiscal year to Congress under section 
        1105(a) of title 31, the Director shall submit to Congress a 
        report on the net program performance benefits achieved as a 
        result of major capital investments made by executive agencies 
        for information systems and how the benefits relate to the 
        accomplishment of the goals of the executive agencies.

  (d) Information Technology Standards.--The Director shall oversee the 
development and implementation of standards and guidelines pertaining to 
federal computer systems by the Secretary of Commerce through the 
National Institute of Standards and Technology under section 11331 of 
this title and section 20 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g-3).
  (e) Designation of Executive Agents for Acquisitions.--The Director 
shall designate the head of one or more executive agencies, as the 
Director
considers appropriate, as executive agent for Government-wide 
acquisitions of information technology.

[[Page 116 STAT. 1238]]

  (f) Use of Best Practices in Acquisitions.--The Director shall 
encourage the heads of the executive agencies to develop and use the 
best practices in the acquisition of information technology.
  (g) Assessment of Other Models for Managing Information Technology.--
On a continuing basis, the Director shall assess the experiences of 
executive agencies, state and local governments, international 
organizations, and the private sector in managing information 
technology.
  (h) Comparison of Agency Uses of Information Technology.--The Director 
shall compare the performances of the executive agencies in using 
information technology and shall disseminate the comparisons to the 
heads of the executive agencies.
  (i) Monitoring Training.--The Director shall monitor the development 
and implementation of training in information resources management for 
executive agency personnel.
  (j) Informing Congress.--The Director shall keep Congress fully 
informed on the extent to which the executive agencies are improving the 
performance of agency programs and the accomplishment of the agency 
missions through the use of the best practices in information resources 
management.
  (k) Coordination of Policy Development and Review.--The Director shall 
coordinate with the Office of Federal Procurement Policy the development 
and review by the Administrator of the Office of Information and 
Regulatory Affairs of policy associated with federal acquisition of 
information technology.

Sec. 11303. Performance-based and results-based management

  (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

[[Page 116 STAT. 1239]]

                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.

                    SUBCHAPTER II--EXECUTIVE AGENCIES

Sec. 11311. Responsibilities

  In fulfilling the responsibilities assigned under chapter 35 of title 
44, the head of each executive agency shall comply with this subchapter 
with respect to the specific matters covered by this subchapter.

Sec. 11312. Capital planning and investment control

  (a) Design of Process.--In fulfilling the responsibilities assigned 
under section 3506(h) of title 44, the head of each executive agency 
shall design and implement in the executive agency a process for 
maximizing the value, and assessing and managing the risks, of the 
information technology acquisitions of the executive agency.

[[Page 116 STAT. 1240]]

  (b) Content of Process.--The process of an executive agency shall--
          (1) provide for the selection of information technology 
        investments to be made by the executive agency, the management 
        of those investments, and the evaluation of the results of those 
        investments;
          (2) be integrated with the processes for making budget, 
        financial, and program management decisions in the executive 
        agency;
          (3) include minimum criteria to be applied in considering 
        whether to undertake a particular investment in information 
        systems, including criteria related to the quantitatively 
        expressed projected net, risk-adjusted return on investment and 
        specific quantitative and qualitative criteria for comparing and 
        prioritizing alternative information systems investment 
        projects;
          (4) identify information systems investments that would result 
        in shared benefits or costs for other federal agencies or state 
        or local governments;
          (5) identify quantifiable measurements for determining the net 
        benefits and risks of a proposed investment; and
          (6) provide the means for senior management personnel of the 
        executive agency to obtain timely information regarding the 
        progress of an
investment in an information system, including a system of milestones 
for measuring progress, on an independently verifiable basis, in terms 
of cost, capability of the system to meet specified requirements, 
timeliness, and quality.

Sec. 11313. Performance and results-based management

  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.

[[Page 116 STAT. 1241]]

Sec. 11314. Authority to acquire and manage information technology

  (a) In General.--The authority of the head of an executive agency to 
acquire information technology includes--
          (1) acquiring information technology as authorized by law;
          (2) making a contract that provides for multiagency 
        acquisitions of information technology in accordance with 
        guidance issued by the Director of the Office of Management and 
        Budget; and
          (3) if the Director finds that it would be advantageous for 
        the Federal Government to do so, making a multiagency contract 
        for procurement of commercial items of information technology 
        that requires each executive agency covered by the contract, 
        when procuring those items, to procure the items under that 
        contract or to justify an alternative procurement of the items.

  (b) FTS 2000 Program.--The Administrator of General Services shall 
continue to manage the FTS 2000 program, and to coordinate the follow-on 
to that program, for and with the advice of the heads of executive 
agencies.

Sec. 11315. Agency Chief Information Officer

  (a) Definition.--In this section, the term ``information technology 
architecture'', with respect to an executive agency, means an integrated 
framework for evolving or maintaining existing information technology 
and acquiring new information technology to achieve the agency's 
strategic goals and information resources management goals.
  (b) General Responsibilities.--The Chief Information Officer of an 
executive agency is responsible for--
          (1) providing advice and other assistance to the head of the 
        executive agency and other senior management personnel of the 
        executive agency to ensure that information technology is 
        acquired and information resources are managed for the executive 
        agency in a manner that implements the policies and procedures 
        of this subtitle, consistent with chapter 35 of title 44 and the 
        priorities established by the head of the executive agency;
          (2) developing, maintaining, and facilitating the 
        implementation of a sound and integrated information technology 
        architecture for the executive agency; and
          (3) promoting the effective and efficient design and operation 
        of all major information resources management processes for the 
        executive agency, including improvements to work processes of 
        the executive agency.

  (c) Duties and Qualifications.--The Chief Information Officer of an 
agency listed in section 901(b) of title 31--
          (1) has information resources management duties as that 
        official's primary duty;
          (2) monitors the performance of information technology 
        programs of the agency, evaluates the performance of those 
        programs on the basis of the applicable performance 
        measurements, and advises the head of the agency regarding 
        whether to continue, modify, or terminate a program or project; 
        and
          (3) annually, as part of the strategic planning and 
        performance evaluation process required (subject to section 1117 
        of title 31) under section 306 of title 5 and sections 
        1105(a)(28),

[[Page 116 STAT. 1242]]

        1115-1117, and 9703 (as added by section 5(a) of the Government 
        Performance and Results Act of 1993 (Public Law 103-62, 107 
        Stat. 289)) of title 31--
                  (A) assesses the requirements established for agency 
                personnel regarding knowledge and skill in information 
                resources management and the adequacy of those 
                requirements for facilitating the achievement of the 
                performance goals established for information resources 
                management;
                  (B) assesses the extent to which the positions and 
                personnel at the executive level of the agency and the 
                positions and personnel at management level of the 
                agency below the executive level meet those 
                requirements;
                  (C) develops strategies and specific plans for hiring, 
                training, and professional development to rectify any 
                deficiency in meeting those requirements; and
                  (D) reports to the head of the agency on the progress 
                made in improving information resources management 
                capability.

Sec. 11316. Accountability

  The head of each executive agency, in consultation with the Chief 
Information Officer and the Chief Financial Officer of that executive 
agency (or, in the case of an executive agency without a chief financial 
officer, any comparable official), shall establish policies and 
procedures to ensure that--
          (1) the accounting, financial, asset management, and other 
        information systems of the executive agency are designed, 
        developed, maintained, and used effectively to provide financial 
        or program performance data for financial statements of the 
        executive agency;
          (2) financial and related program performance data are 
        provided on a reliable, consistent, and timely basis to 
        executive agency financial management systems; and
          (3) financial statements support--
                  (A) assessments and revisions of mission-related 
                processes and administrative processes of the executive 
                agency; and
                  (B) measurement of the performance of investments made 
                by the agency in information systems.

Sec. 11317. Significant deviations

  The head of each executive agency shall identify in the strategic 
information resources management plan required under section 3506(b)(2) 
of title 44 any major information technology acquisition program, or any 
phase or increment of that program, that has significantly deviated from 
the cost, performance, or schedule goals established for the program.

Sec. 11318. Interagency support

  The head of an executive agency may use amounts available to the 
agency for oversight, acquisition, and procurement of information 
technology to support jointly with other executive agencies the 
activities of interagency groups
that are established to advise the Director of the Office of Management 
and Budget in carrying out the Director's responsibilities under this 
chapter. The use of those amounts for that purpose is subject to 
requirements and limitations on uses and amounts that the Director may 
prescribe.

[[Page 116 STAT. 1243]]

The Director shall prescribe the requirements and limitations during the 
Director's review of the executive agency's proposed budget submitted to 
the Director by the head of the executive agency for purposes of section 
1105 of title 31.

                 SUBCHAPTER III--OTHER RESPONSIBILITIES

Sec. 11331. Responsibilities regarding efficiency, security, and privacy 
                        of federal computer systems

  (a) Definitions.--In this section, the terms ``federal computer 
system'' and ``operator of a federal computer system'' have the meanings 
given those terms in section 20(d) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278g-3(d)).
  (b) Standards and Guidelines.--
          (1) Authority to prescribe and disapprove or modify.--
                  (A) Authority to prescribe.--On the basis of standards 
                and guidelines developed by the National Institute of 
                Standards and Technology pursuant to paragraphs (2) and 
                (3) of section 20(a) of the Act (15 U.S.C. 278g-3(a)(2), 
                (3)), the Secretary of Commerce shall prescribe 
                standards and guidelines pertaining to federal computer 
                systems. The Secretary shall make those standards 
                compulsory and binding to the extent the Secretary 
                determines necessary to improve the efficiency of 
                operation or security and privacy of federal computer 
                systems.
                  (B) Authority to disapprove or modify.--The President 
                may disapprove or modify those standards and guidelines 
                if the President determines that action to be in the 
                public interest. The President's authority to disapprove 
                or modify those standards and guidelines may not be 
                delegated. Notice of disapproval or modification shall 
                be published promptly in the Federal Register. On 
                receiving notice of disapproval or modification, the 
                Secretary shall immediately rescind or modify those 
                standards or guidelines as directed by the President.
          (2) Exercise of authority.--To ensure fiscal and policy 
        consistency, the Secretary shall exercise the authority 
        conferred by this section subject to direction by the President 
        and in coordination with the Director of the Office of 
        Management and Budget.

  (c) Application of More Stringent Standards.--The head of a federal 
agency may employ standards for the cost-effective security and privacy 
of sensitive information in a federal computer system in or under the 
supervision of that agency that are more stringent than the standards 
the Secretary prescribes under this section if the more stringent 
standards contain at least the applicable standards the Secretary makes 
compulsory and binding.
  (d) Waiver of Standards.--
          (1) Authority of the secretary.--The Secretary may waive in 
        writing compulsory and binding standards under subsection (b) if 
        the Secretary determines that compliance would--
                  (A) adversely affect the accomplishment of the mission 
                of an operator of a federal computer system; or
                  (B) cause a major adverse financial impact on the 
                operator that is not offset by Federal Government-wide 
                savings.
          (2) Delegation of waiver authority.--The Secretary may 
        delegate to the head of one or more federal agencies authority

[[Page 116 STAT. 1244]]

        to waive those standards to the extent the Secretary determines 
        that action to be necessary and desirable to allow for timely 
        and effective implementation of federal computer system 
        standards. The head of the agency may redelegate that authority 
        only to a chief information officer designated pursuant to 
        section 3506 of title 44.
          (3) Notice.--Notice of each waiver and delegation shall be 
        transmitted promptly to Congress and published promptly in the 
        Federal Register.

Sec. 11332. Federal computer system security training and plan

  (a) Definitions.--In this section, the terms ``computer system'', 
``federal agency'', ``federal computer system'', ``operator of a federal 
computer system'', and ``sensitive information'' have the meanings given 
those terms in section 20(d) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g-3(d)).
  (b) Training--
          (1) In general.--Each federal agency shall provide for 
        mandatory periodic training in computer security awareness and 
        accepted computer security practice of all employees who are 
        involved with the management, use, or operation of each federal 
        computer system within or under the supervision of the agency. 
        The training shall be-
                  (A) provided in accordance with the guidelines 
                developed pursuant to section 20(a)(5) of the Act (15 
                U.S.C. 278g-3(a)(5)) and the regulations prescribed 
                under paragraph (3) for federal civilian employees; or
                  (B) provided by an alternative training program that 
                the head of the agency approves after determining that 
                the alternative training program is at least as 
                effective in accomplishing the objectives of the 
                guidelines and regulations.
          (2) Training objectives.--Training under this subsection shall 
        be designed--
                  (A) to enhance employees' awareness of the threats to, 
                and vulnerability of, computer systems; and
                  (B) to encourage the use of improved computer security 
                practices.
          (3) Regulations.--The Director of the Office of Personnel 
        Management shall maintain regulations that establish the 
        procedures and scope of the training to be provided federal 
        civilian employees under this subsection and the manner in which 
        the training is to be carried out.

  (c) Plan.--
          (1) In general.--Consistent with standards, guidelines, 
        policies, and regulations prescribed pursuant to section 11331 
        of this title, each federal agency shall maintain a plan for the 
        security and privacy of each federal computer system the agency 
        identifies as being within or under its supervision and as 
        containing sensitive information. The plan must be commensurate 
        with the risk and magnitude of the harm resulting from the loss, 
        misuse, or unauthorized access to, or modification of, the 
        information contained in the system.
          (2) Revision and review.--The plan shall be revised annually 
        as necessary and is subject to disapproval by the Director of 
        the Office of Management and Budget.

[[Page 116 STAT. 1245]]

  (d) Handling of Information Not Affected.--This section does not--
          (1) constitute authority to withhold information sought 
        pursuant to section 552 of title 5; or
          (2) authorize a federal agency to limit, restrict, regulate, 
        or control the collection, maintenance, disclosure, use, 
        transfer, or sale of any information (regardless of the medium 
        in which the information may be maintained) that is--
                  (A) privately owned information;
                  (B) disclosable under section 552 of title 5 or 
                another law requiring or authorizing the public 
                disclosure of information; or
                  (C) public domain information.

     CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS

                 SUBCHAPTER I--CONDUCT OF PILOT PROGRAMS

Sec.
11501.  Authority to conduct pilot programs.
11502.  Evaluation criteria and plans.
11503.  Report.
11504.  Recommended legislation.
11505.  Rule of construction.

                 SUBCHAPTER II--SPECIFIC PILOT PROGRAMS

11521.  Share-in-savings pilot program.
11522.  Solutions-based contracting pilot program.

                 SUBCHAPTER I--CONDUCT OF PILOT PROGRAMS

Sec. 11501. Authority to conduct pilot programs

  (a) In General.--
          (1) Purpose.--In consultation with the Administrator for the 
        Office of Information and Regulatory Affairs, the Administrator 
        for Federal Procurement Policy may conduct pilot programs to 
        test alternative approaches for the acquisition of information 
        technology by executive agencies.
          (2) Multiagency, multi-activity conduct of each program.--
        Except as otherwise provided in this chapter, each pilot program 
        conducted under this chapter shall be carried out in not more 
        than two procuring activities in each of the executive agencies 
        that are designated by the Administrator for Federal Procurement 
        Policy in accordance with this chapter to carry out the pilot 
        program. With the approval of the Administrator for Federal 
        Procurement Policy, the head of each designated executive agency 
        shall select the procuring activities of the executive agency 
        that are to participate in the test and shall designate a 
        procurement testing official who shall be responsible for the 
        conduct and evaluation of the pilot program within the executive 
        agency.

  (b) Limitations.--
          (1) Number.--Not more than two pilot programs may be conducted 
        under this chapter, including one pilot program each pursuant to 
        the requirements of sections 11521 and 11522 of this title.
          (2) Amount.--The total amount obligated for contracts entered 
        into under the pilot programs conducted under this chapter may 
        not exceed $750,000,000. The Administrator for

[[Page 116 STAT. 1246]]

        Federal Procurement Policy shall monitor those contracts and 
        ensure that contracts are not entered into in violation of this 
        paragraph.

  (c) Period of Programs.--
          (1) In general.--Subject to paragraph (2), a pilot program may 
        be carried out under this chapter for the period, not in excess 
        of five years, the Administrator for Federal Procurement Policy 
        determines is sufficient to establish reliable results.
          (2) Continuing validity of contracts.--A contract entered into 
        under the pilot program before the expiration of that program 
        remains in effect according to the terms of the contract after 
        the expiration of the program.

Sec. 11502. Evaluation criteria and plans

  (a) Measurable Test Criteria.--To the maximum extent practicable, the 
head of each executive agency conducting a pilot program under section 
11501 of this title shall establish measurable criteria for evaluating 
the effects of the procedures or techniques to be tested under the 
program.
  (b) Test Plan.--Before a pilot program may be conducted under section 
11501 of this title, the Administrator for Federal Procurement Policy 
shall submit to Congress a detailed test plan for the program, including 
a detailed description of the procedures to be used and a list of 
regulations that are to be waived.

Sec. 11503. Report

  (a) Requirement.--Not later than 180 days after the completion of a 
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.

Sec. 11504. Recommended legislation

  If the Director of the Office of Management and Budget determines that 
the results and findings under a 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.

Sec. 11505. Rule of construction

  This chapter does not authorize the appropriation or obligation of 
amounts for the pilot programs authorized under this chapter.

[[Page 116 STAT. 1247]]

                 SUBCHAPTER II--SPECIFIC PILOT PROGRAMS

Sec. 11521. Share-in-savings pilot program

  (a) Requirement.--The Administrator for Federal Procurement Policy may 
authorize the heads of two executive agencies to carry out a pilot 
program to test the feasibility of--
          (1) contracting on a competitive basis with a private sector 
        source to provide the Federal Government with an information 
        technology solution for improving mission-related or 
        administrative processes of the Federal Government; and
          (2) paying the private sector source an amount equal to a 
        portion of the savings derived by the Federal Government from 
        any improvements in mission-related processes and administrative 
        processes that result from implementation of the solution.

  (b) Limitations.--The head of an executive agency authorized to carry 
out the pilot program may carry out one project and enter into not more 
than five contracts for the project under the pilot program.
  (c) Selection of Projects.--In consultation with the Administrator for 
the Office of Information and Regulatory Affairs, the Administrator for 
Federal Procurement Policy shall select the projects.

Sec. 11522. Solutions-based contracting pilot program

  (a) Definition.--For purposes of this section, ``solutions-based 
contracting'' is an acquisition method under which the acquisition 
objectives are defined by the Federal Government user of the technology 
to be acquired, a streamlined contractor selection process is used, and 
industry sources are allowed to provide solutions that attain the 
objectives effectively.
  (b) In General.--The Administrator for Federal Procurement Policy may 
authorize the head of an executive agency, in accordance with subsection 
(d), to carry out a pilot program to test the feasibility of using 
solutions-based contracting for the acquisition of information 
technology.
  (c) Process Requirements.--The Administrator shall require use of a 
process with the following aspects for acquisitions under the pilot 
program:
          (1) Acquisition plan emphasizing desired result.--Preparation 
        of an acquisition plan that defines the functional requirements 
        of the intended users of the information technology to be 
        acquired, identifies the operational improvements to be 
        achieved, and defines the performance measurements to be applied 
        in determining whether the information technology acquired 
        satisfies the defined requirements and attains the identified 
        results.
          (2) Results-oriented statement of work.--Use of a statement of 
        work that is limited to an expression of the end results or 
        performance capabilities desired under the acquisition plan.
          (3) Small acquisition organization.--Assembly of a small 
        acquisition organization consisting of the following:
                  (A) An acquisition management team, the members of 
                which are to be evaluated and rewarded under the pilot 
                program for contributions toward attainment of the 
                desired results identified in the acquisition plan.

[[Page 116 STAT. 1248]]

                  (B) A small source selection team composed of 
                representatives of the specific mission or 
                administrative area to be supported by the information 
                technology to be acquired, a contracting officer, and 
                individuals with relevant expertise.
          (4) Use of source selection factors emphasizing source 
        qualifications and costs.--Use of source selection factors that 
        emphasize--
                  (A) the qualifications of the offeror, including 
                personnel skills, previous experience in providing other 
                private or public sector organizations with solutions 
                for attaining objectives similar to the objectives of 
                the acquisition, past contract performance, 
                qualifications of the proposed program manager, and the 
                proposed management plan; and
                  (B) the costs likely to be associated with the 
                conceptual approach proposed by the offeror.
          (5) Open communications with contractor community.--Open 
        availability of the following information to potential offerors:
                  (A) The agency mission to be served by the 
                acquisition.
                  (B) The functional process to be performed by use of 
                information technology.
                  (C) The process improvements to be attained.
          (6) Simple solicitation.--Use of a simple solicitation that 
        sets forth only the functional work description, the source 
        selection factors to be used in accordance with paragraph (4), 
        the required terms and conditions, instructions regarding 
        submission of offers, and the estimate of the Government's 
        budget for the desired work.
          (7) Simple proposals.--Submission of oral presentations and 
        written proposals that are limited in size and scope and contain 
        information on--
                  (A) the offeror's qualifications to perform the 
                desired work;
                  (B) past contract performance;
                  (C) the proposed conceptual approach; and
                  (D) the costs likely to be associated with the 
                proposed conceptual approach.
          (8) Simple evaluation.--Use of a simplified evaluation 
        process, to be completed within 45 days after receipt of 
        proposals, that consists of the following:
                  (A) Identification of the most qualified offerors that 
                are within the competitive range.
                  (B) Issuance of invitations for at least three and not 
                more than five of the identified offerors to make oral 
                presentations to, and engage in discussions with, the 
                evaluating personnel regarding, for each offeror--
                        (i) the qualifications of the offeror, including 
                      how the qualifications of the offeror relate to 
                      the approach proposed to be taken by the offeror 
                      in the acquisition; and
                        (ii) the costs likely to be associated with the 
                      approach.
                  (C) Evaluation of the qualifications of the identified 
                offerors and the costs likely to be associated with the 
                offerors' proposals on the basis of submissions required

[[Page 116 STAT. 1249]]

                under the process and any oral presentations made by, 
                and any discussions with, the offerors.
          (9) Selection of most qualified offeror.--A selection process 
        consisting of the following:
                  (A) Identification of the most qualified sources, 
                primarily on the basis of the oral proposals, 
                presentations, and discussions, and written proposals, 
                submitted in accordance with paragraph (7).
                  (B) A program definition phase of 30-60 days (or a 
                longer period the Administrator approves)--
                        (i) during which the sources identified under 
                      subparagraph (A), in consultation with one or more 
                      intended users, develop a conceptual system design 
                      and technical approach, define logical phases for 
                      the project, and estimate the total cost and the 
                      cost for each phase; and
                        (ii) after which a contract for performance of 
                      the work may be awarded to the source whose offer 
                      is determined to be most advantageous to the 
                      Government on the basis of cost, the 
                      responsiveness, reasonableness, and quality of the 
                      proposed performance, and a sharing of risk and 
                      benefits between the source and the Government.
                  (C) As many successive program definition phases as 
                necessary to award a contract in accordance with 
                subparagraph (B).
          (10) System implementation phasing.--System implementation to 
        be executed in phases that are tailored to the solution, with 
        appropriate contract arrangements being used for various phases 
        and activities.
          (11) Mutual authority to terminate.--Authority for the 
        Government or the contractor to terminate the contract without 
        penalty at the end of any phase defined for the project.
          (12) Time management discipline.--Application of a standard 
        for awarding a contract within 105 to 120 days after issuance of 
        the solicitation, except that the Administrator may approve the 
        application of a longer standard period.

  (d) Pilot Program Projects.--The Administrator shall authorize to be 
carried out under the pilot program--
          (1) not more than 10 projects, each of which has an estimated 
        cost of at least $25,000,000 and not more than $100,000,000; and
          (2) not more than 10 projects for small business concerns, 
        each of which has an estimated cost of at least $1,000,000 and 
        not more than $5,000,000.

  (e) Monitoring by Comptroller General.--The Comptroller General 
shall--
          (1) monitor the conduct, and review the results, of 
        acquisitions under the pilot program; and
          (2) submit to Congress periodic reports containing the views 
        of the Comptroller General on the activities, results, and 
        findings under the pilot program.

    CHAPTER 117--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

Sec.
11701.  On-line multiple award schedule contracting.

[[Page 116 STAT. 1250]]

11702.  Identification of excess and surplus computer equipment.
11703.  Index of certain information in information systems included in 
           directory established under section 4101 of title 44.
11704.  Procurement procedures.

Sec. 11701. On-line multiple award schedule contracting

  (a) Automation of Multiple Award Schedule Contracting.--To provide for 
the economic and efficient procurement of information technology and 
other commercial items, the Administrator of General Services shall 
provide Federal Government-wide on-line computer access to information 
on products and services that are available for ordering through the 
multiple award schedules.
  (b) Requirements.--The system for providing on-line computer access 
shall--
          (1) have the capability to--
                  (A) provide basic information on prices, features, and 
                performance of all products and services available for 
                ordering through the multiple award schedules;
                  (B) provide for updating that information to reflect 
                changes in prices, features, and performance as soon as 
                information on the changes becomes available; and
                  (C) enable users to make on-line computer comparisons 
                of the prices, features, and performance of similar 
                products and services offered by various vendors; and
          (2) be used to place orders under the multiple award schedules 
        in a fiscal year for an amount equal to at least 60 percent of 
        the total amount spent for all orders under the multiple award 
        schedules in that fiscal year.

  (c) Streamlined Procedures.--
          (1) Pilot program.--On certification by the Administrator of 
        General Services that the system for providing on-line computer 
        access meets the requirements of subsection (b)(1) and was used 
        as required by subsection (b)(2) in the fiscal year preceding 
        the fiscal year in which the certification is made, the 
        Administrator for Federal Procurement Policy may establish a 
        pilot program to test streamlined procedures for the procurement 
        of information technology products and services available for 
        ordering through the multiple award schedules.
          (2) Applicability to multiple award schedule contracts.--
        Except as provided in paragraph (4), the pilot program shall be 
        applicable to all multiple award schedule contracts for the 
        purchase of information technology and shall test the following 
        procedures:
                  (A) A procedure under which negotiation of the terms 
                and conditions for a covered multiple award schedule 
                contract is limited to terms and conditions other than 
                price.
                  (B) A procedure under which the vendor establishes the 
                prices under a covered multiple award schedule contract 
                and may adjust those prices at any time in the 
                discretion of the vendor.
                  (C) A procedure under which a covered multiple award 
                schedule contract is awarded to any responsible offeror 
                that--
                        (i) has a suitable record of past performance, 
                      which may include past performance on multiple 
                      award schedule contracts;
                        (ii) agrees to terms and conditions that the 
                      Administrator for Federal Procurement Policy 
                      determines are

[[Page 116 STAT. 1251]]

                      required by law or are appropriate for the 
                      purchase of commercial items; and
                        (iii) agrees to establish and update prices, 
                      features, and performance and to accept orders 
                      electronically through the automated system 
                      established pursuant to subsection (a).
          (3) Comptroller general review and report.--
                  (A) Authority to conduct review and make report.--Not 
                later than three years after the date on which the pilot 
                program is established, the Comptroller General shall 
                review the pilot program and report to Congress on the 
                results of the pilot program.
                  (B) Content of report.--The report shall include the 
                following:
                        (i) An evaluation of the extent to which there 
                      is competition for the orders placed under the 
                      pilot program.
                        (ii) The effect that the streamlined procedures 
                      under the pilot program have on prices charged 
                      under multiple award schedule contracts.
                        (iii) The effect that those procedures have on 
                      paperwork requirements for multiple award schedule 
                      contracts and orders.
                        (iv) The impact of the pilot program on small 
                      businesses and socially and economically 
                      disadvantaged small businesses.
          (4) Withdrawal of schedule or portion of schedule from pilot 
        program.--
                  (A) When allowed.--The Administrator for Federal 
                Procurement Policy may withdraw a multiple award 
                schedule or portion of a schedule from the pilot program 
                if the Administrator determines that--
                        (i) price competition is not available under 
                      that schedule or portion of that schedule; or
                        (ii) the cost to the Government for that 
                      schedule or portion for the previous year was 
                      higher than it would have been if the contract for 
                      that schedule or portion had been awarded using 
                      procedures that would apply if the pilot program 
                      were not in effect.
                  (B) Notice.--The Administrator for Federal Procurement 
                Policy shall notify Congress at least 30 days before the 
                date on which the Administrator withdraws a schedule or 
                portion under this paragraph.
                  (C) Authority not delegable.--The authority under this 
                paragraph may not be delegated.
          (5) Termination of pilot program.--Unless reauthorized by law, 
        the authority of the Administrator for Federal Procurement 
        Policy to award contracts under the pilot program shall expire 
        four years after the date on which the pilot program is 
        established. A contract entered into before the authority 
        expires remains in effect according to the terms of the contract 
        after the expiration of the authority to award new contracts 
        under the pilot program.

[[Page 116 STAT. 1252]]

Sec. 11702. Identification of excess and surplus computer equipment

  In accordance with chapter 5 of this title, the head of an executive 
agency shall maintain an inventory of all computer equipment under the 
control of that official that is excess or surplus property.

Sec. 11703. Index of certain information in information systems included 
                        in directory established under section 4101 of 
                        title 44

   If in designing an information technology system pursuant to this 
subtitle, the head of an executive agency determines that a purpose of 
the system is to disseminate information to the public, then the head of 
that executive agency shall reasonably ensure that an index of 
information disseminated by the system is included in the directory 
created pursuant to section 4101 of title 44. This section does not 
authorize the dissemination of information to the public unless 
otherwise authorized.

Sec. 11704. Procurement procedures

   To the maximum extent practicable, the Federal Acquisition Regulatory 
Council shall ensure that the process for acquisition of information 
technology is a simplified, clear, and understandable process that 
specifically addresses the management of risk, incremental acquisitions, 
and the need to incorporate commercial information technology in a 
timely manner.

              SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

Chapter                                                             Sec.
            GENERAL PROVISIONS                                     14101
            APPALACHIAN REGIONAL COMMISSION                        14301
            SPECIAL APPALACHIAN PROGRAMS                           14501
            MISCELLANEOUS                                          14701

                     CHAPTER 141--GENERAL PROVISIONS

Sec.
14101.  Findings and purposes.
14102.  Definitions.

Sec. 14101. Findings and purposes

  (a) 1965 Findings and Purpose.--
          (1) Findings.--Congress finds and declares that the 
        Appalachian region of the United States, while abundant in 
        natural resources and rich in potential, lags behind the rest of 
        the Nation in its economic growth and that its people have not 
        shared properly in the Nation's prosperity. The region's uneven 
        past development, with its historical reliance on a few basic 
        industries and a marginal agriculture, has failed to provide the 
        economic base that is a vital prerequisite for vigorous, self-
        sustaining growth. State and local governments and the people of 
        the region understand their problems and have been working, and 
        will continue to work, purposefully toward their solution. 
        Congress recognizes the comprehensive report of the President's 
        Appalachian Regional Commission documenting these findings and 
        concludes that regionwide development is feasible, desirable, 
        and urgently needed.

[[Page 116 STAT. 1253]]

          (2) Purpose.--It is the purpose of this subtitle to assist the 
        region in meeting its special problems, to promote its economic 
        development, and to establish a framework for joint federal and 
        state efforts toward providing the basic facilities essential to 
        its growth and attacking its common problems and meeting its 
        common needs on a coordinated and concerted regional basis. The 
        public investments made in the region under this subtitle shall 
        be concentrated in areas where there is a significant potential 
        for future growth and where the expected return on public 
        dollars invested will be the greatest. States will be 
        responsible for recommending local and state projects within 
        their borders that will receive assistance under this subtitle. 
        As the region obtains the needed physical and transportation 
        facilities and develops its human resources, Congress expects 
        that the region will generate a diversified industry and that 
        the region will then be able to support itself through the 
        workings of a strengthened free enterprise economy.

  (b) 1975 Findings and Purpose.--
          (1) Findings.--Congress further finds and declares that while 
        substantial progress has been made toward achieving the purposes 
        set out in subsection (a), especially with respect to the 
        provision of essential public facilities, much remains to be 
        accomplished, especially with respect to the provision of 
        essential health, education, and other public services. Congress 
        recognizes that changes and evolving national purposes in the 
        decade since 1965 affect not only the Appalachian region but 
        also its relationship to a nation that on December 31, 1975, is 
        assigning higher priority to conservation and the quality of 
        life, values long cherished within the region. Appalachia as of 
        December 31, 1975, has the opportunity, in accommodating future 
        growth and development, to demonstrate local leadership and 
        coordinated planning so that housing, public services, 
        transportation and other community facilities will be provided 
        in a way congenial to the traditions and beauty of the region 
        and compatible with conservation values and an enhanced quality 
        of life for the people of the region, and consistent with that 
        goal, the Appalachian region should be able to take advantage of 
        eco-industrial development, which promotes both employment and 
        economic growth and the preservation of natural resources. 
        Congress recognizes also that fundamental changes are occurring 
        in national energy requirements and production, which not only 
        risk short-term dislocations but will undoubtedly result in 
        major long-term effects in the region. It is essential that the 
        opportunities for expanded energy production be used so as to 
        maximize the social and economic benefits and minimize the 
        social and environmental costs to the region and its people.
          (2) Purpose.--It is also the purpose of this subtitle to 
        provide a framework for coordinating federal, state and local 
        efforts toward--
                  (A) anticipating the effects of alternative energy 
                policies and practices;
                  (B) planning for accompanying growth and change so as 
                to maximize the social and economic benefits and 
                minimize the social and environmental costs; and

[[Page 116 STAT. 1254]]

                  (C) implementing programs and projects carried out in 
                the region by federal, state, and local governmental 
                agencies so as to better meet the special problems 
                generated in the region by the Nation's energy needs and 
                policies, including problems of transportation, housing, 
                community facilities, and human services.

  (c) 1998 Findings and Purpose.--
          (1) Findings.--Congress further finds and declares that while 
        substantial progress has been made in fulfilling many of the 
        objectives of this subtitle, rapidly changing national and 
        global economies over the decade ending November 13, 1998, have 
        created new problems and challenges for rural areas throughout 
        the United States and especially for the Appalachian region.
          (2) Purpose.--In addition to the purposes stated in 
        subsections (a) and (b), it is the purpose of this subtitle--
                  (A) to assist the Appalachian region in--
                        (i) providing the infrastructure necessary for 
                      economic and human resource development;
                        (ii) developing the region's industry;
                        (iii) building entrepreneurial communities;
                        (iv) generating a diversified regional economy; 
                      and
                        (v) making the region's industrial and 
                      commercial resources more competitive in national 
                      and world markets;
                  (B) to provide a framework for coordinating federal, 
                state, and local initiatives to respond to the economic 
                competitiveness challenges in the Appalachian region 
                through--
                        (i) improving the skills of the region's 
                      workforce;
                        (ii) adapting and applying new technologies for 
                      the region's businesses, including eco-industrial 
                      development technologies; and
                        (iii) improving the access of the region's 
                      businesses to the technical and financial 
                      resources necessary to development of the 
                      businesses; and
                  (C) to address the needs of severely and persistently 
                distressed areas of the Appalachian region and focus 
                special attention on the areas of greatest need so as to 
                provide a fairer opportunity for the people of the 
                region to share the quality of life generally enjoyed by 
                citizens across the United States.

Sec. 14102. Definitions

  (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,

[[Page 116 STAT. 1255]]

                Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, 
                Heard, Jackson, Lumpkin, Madison, Murray, Paulding, 
                Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, 
                White, and Whitfield.
                  (C) In Kentucky, the counties of Adair, Bath, Bell, 
                Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, 
                Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, 
                Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson, 
                Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, 
                Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, 
                Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, 
                Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, 
                Wayne, Whitley, and Wolfe.
                  (D) In Maryland, the counties of Allegany, Garrett, 
                and Washington.
                  (E) In Mississippi, the counties of Alcorn, Benton, 
                Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper, 
                Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, 
                Oktibbeha, Panola, Pontotoc, Prentiss, Tippah, 
                Tishomingo, Union, Webster, Winston, and Yalobusha.
                  (F) In New York, the counties of Allegany, Broome, 
                Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, 
                Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, 
                and Tompkins.
                  (G) In North Carolina, the counties of Alexander, 
                Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, 
                Cherokee, Clay, Davie, Forsyth, Graham, Haywood, 
                Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, 
Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
                  (H) In Ohio, the counties of Adams, Athens, Belmont, 
                Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, 
                Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, 
                Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, 
                Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, 
                and Washington.
                  (I) In Pennsylvania, the counties of Allegheny, 
                Armstrong, Beaver, Bedford, Blair, Bradford, Butler, 
                Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, 
                Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, 
                Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, 
                Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, 
                Mifflin, Monroe, Montour, Northumberland, Perry, Pike, 
                Potter, Schuylkill, Snyder, Somerset, Sullivan, 
                Susquehanna, Tioga, Union, Venango, Warren, Washington, 
                Wayne, Westmoreland, and Wyoming.
                  (J) In South Carolina, the counties of Anderson, 
                Cherokee, Greenville, Oconee, Pickens, and Spartanburg.
                  (K) In Tennessee, the counties of Anderson, Bledsoe, 
                Blount, Bradley, Campbell, Cannon, Carter, Claiborne, 
                Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, 
                Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, 
                Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, 
                Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, 
                Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, 
                Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van 
                Buren, Warren, Washington, and White.

[[Page 116 STAT. 1256]]

                  (L) In Virginia, the counties of Alleghany, Bath, 
                Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, 
                Floyd, Giles, Grayson, Highland, Lee, Montgomery, 
                Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, 
                Washington, Wise, and Wythe.
                  (M) All the counties of West Virginia.
          (2) Local development district.--The term ``local development 
        district'' means any of the following entities for which the 
        Governor of the State in which the entity is located, or the 
        appropriate state officer, certifies to the Appalachian Regional 
        Commission that the entity has a charter or authority that 
        includes the economic development of counties or parts of 
        counties or other political subdivisions within the region:
                  (A) a nonprofit incorporated body organized or 
                chartered under the law of the State in which it is 
                located.
                  (B) a nonprofit agency or instrumentality of a state 
                or local government.
                  (C) a nonprofit agency or instrumentality created 
                through an interstate compact.
                  (D) a nonprofit association or combination of bodies, 
                agencies, and instrumentalities described in this 
                paragraph.

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

              CHAPTER 143--APPALACHIAN REGIONAL COMMISSION

              SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION

Sec.
14301.  Establishment, membership, and employees.
14302.  Decisions.
14303.  Functions.
14304.  Recommendations.
14305.  Liaison between Federal Government and Commission.
14306.  Administrative powers and expenses.
14307.  Meetings.
14308.  Information.
14309.  Personal financial interests.
14310.  Annual report.

                   SUBCHAPTER II--FINANCIAL ASSISTANCE

14321.  Grants and other assistance.
14322.  Approval of development plans, strategy statements, and 
           projects.

              SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION

Sec. 14301. Establishment, membership, and employees

  (a) Establishment.--There is an Appalachian Regional Commission.
  (b) Membership.--
          (1) Federal and state members.--The Commission is composed of 
        the Federal Cochairman, appointed by the President by and with 
        the advice and consent of the Senate, and the Governor of each 
        participating State in the Appalachian region.
          (2) Alternate members.--Each state member may have a single 
        alternate, appointed by the Governor from among the

[[Page 116 STAT. 1257]]

        members of the Governor's cabinet or the Governor's personal 
        staff. The President, by and with the advice and consent of the 
        Senate, shall appoint an alternate for the Federal Cochairman. 
        An alternate shall vote in the event of the absence, death, 
        disability, removal, or resignation of the member for whom the 
        individual is an alternate. A state alternate shall not be 
        counted toward the establishment of a quorum of the Commission 
        when a quorum of the state members is required.
          (3) Cochairmen.--The Federal Cochairman is one of the two 
        Cochairmen of the Commission. The state members shall elect a 
        Cochairman of the Commission from among themselves for a term of 
        not less than one year.

  (c) Compensation.--The Federal Cochairman shall be compensated by the 
Federal Government at level III of the Executive Schedule as set out in 
section 5314 of title 5. The Federal Cochairman's alternate shall be 
compensated by the Government at level V of the Executive Schedule as 
set out in section 5316 of title 5. Each state member and alternate 
shall be compensated by the State which they represent at the rate 
established by law of that State.
  (d) Delegation.--
          (1) Powers and responsibilities.--Commission powers and 
        responsibilities specified in section 14302(c) and (d) of this 
        title, and the vote of any Commission member, may not be 
        delegated to an individual who is not a Commission member or who 
        is not entitled to vote in Commission meetings.
          (2) Alternate federal cochairman.--The alternate to the 
        Federal Cochairman shall perform the functions and duties the 
        Federal Cochairman delegates when not actively serving as the 
        alternate.

  (e) Executive Director.--The Commission has an executive director. The 
executive director is responsible for carrying out the administrative 
functions of the Commission, for directing the Commission staff, and for 
other duties the Commission may assign.
  (f) Status of Personnel.--Members, alternates, officers, and employees 
of the Commission are not federal employees for any purpose, except the 
Federal Cochairman, the alternate to the Federal Cochairman, the staff 
of the Federal Cochairman, and federal employees detailed to the 
Commission under section 14306(a)(3) of this title.

Sec. 14302. Decisions

  (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

[[Page 116 STAT. 1258]]

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.

Sec. 14303. Functions

  (a) In General.--In carrying out the purposes of this subtitle, the 
Appalachian Regional Commission shall--
          (1) develop, on a continuing basis, comprehensive and 
        coordinated plans and programs and establish priorities under 
        those plans and programs, giving due consideration to other 
        federal, state, and local planning in the Appalachian region;
          (2) conduct and sponsor investigations, research, and studies, 
        including an inventory and analysis of the resources of the 
        region, and, in cooperation with federal, state, and local 
        agencies, sponsor demonstration projects designed to foster 
        regional productivity and growth;
          (3) review and study, in cooperation with the agency involved, 
        federal, state, and local public and private programs and, where 
        appropriate, recommend modifications or additions which will 
        increase their effectiveness in the region;
          (4) formulate and recommend, where appropriate, interstate 
        compacts and other forms of interstate cooperation and work with 
        state and local agencies in developing appropriate model 
        legislation;
          (5) encourage the formation of, and support, local development 
        districts;
          (6) encourage private investment in industrial, commercial, 
        and recreational projects;
          (7) serve as a focal point and coordinating unit for 
        Appalachian programs;
          (8) provide a forum for consideration of problems of the 
        region and proposed solutions and establish and utilize, as 
        appropriate, citizens and special advisory councils and public 
        conferences;
          (9) encourage the use of eco-industrial development 
        technologies and approaches; and
          (10) seek to coordinate the economic development activities 
        of, and the use of economic development resources by, federal 
        agencies in the region.

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

Sec. 14304. Recommendations

  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

[[Page 116 STAT. 1259]]

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

Sec. 14305. Liaison between Federal Government and Commission

  (a) President.--The President shall provide effective and continuing 
liaison between the Federal Government and the Appalachian Regional 
Commission and a coordinated review within the Government of the plans 
and recommendations submitted by the Commission pursuant to sections 
14303 and 14304 of this title.
  (b) Interagency Coordinating Council on Appalachia.--In carrying out 
subsection (a), the President shall establish the Interagency 
Coordinating Council on Appalachia, to be composed of the Federal 
Cochairman and representatives of federal agencies that carry out 
economic development programs in the Appalachian region. The Federal 
Cochairman is the Chairperson of the Council.

Sec. 14306. Administrative powers and expenses

  (a) Powers.--To carry out its duties under this subtitle, the 
Appalachian Regional Commission may--
          (1) adopt, amend, and repeal bylaws and regulations governing 
        the conduct of its business and the performance of its 
        functions;
          (2) appoint and fix the compensation of an executive director 
        and other personnel as necessary to enable the Commission to 
        carry out its functions, except that the compensation shall not 
        exceed the maximum rate of basic pay for the Senior Executive 
        Service under section 5382 of title 5, including any applicable 
        locality-based comparability payment that may be authorized 
        under section 5304(h)(2)(C) of title 5;
          (3) request the head of any federal department or agency to 
        detail to temporary duty with the Commission personnel within 
        the administrative jurisdiction of the head of the department or 
        agency that the Commission may need for carrying out its 
        functions, each detail to be without loss of seniority, pay, or 
        other employee status;
          (4) arrange for the services of personnel from any state or 
        local government, subdivision or agency of a state or local 
        government, or intergovernmental agency;
          (5)(A) make arrangements, including contracts, with any 
        participating state government for inclusion in a suitable 
        retirement and employee benefit system of Commission personnel 
        who may not be eligible for, or continue in, another 
        governmental retirement or employee benefit system; or
          (B) otherwise provide for coverage of its personnel;
          (6) accept, use, and dispose of gifts or donations of services 
        or any property;
          (7) enter into and perform contracts, leases (including the 
        lease of office space for any term), cooperative agreements, or 
        other transactions, necessary in carrying out its functions, on 
        terms as it may consider appropriate, with any--
                  (A) department, agency, or instrumentality of the 
                Federal Government;
                  (B) State or political subdivision, agency, or 
                instrumentality of a State; or
                  (C) person;

[[Page 116 STAT. 1260]]

          (8) maintain a temporary office in the District of Columbia 
        and establish a permanent office at a central and appropriate 
        location it may select and field offices at other places it may 
        consider appropriate; and
          (9) take other actions and incur other expenses as may be 
        necessary or appropriate.

  (b) Authorizations.--
          (1) Detail employees.--The head of a federal department or 
        agency may detail personnel under subsection (a)(3).
          (2) Enter into and perform transactions.--A department, 
        agency, or instrumentality of the Government, to the extent not 
        otherwise prohibited by law, may enter into and perform a 
        contract, lease, cooperative agreement, or other transaction 
        under subsection (a)(7).

  (c) Retirement and Other Employee Benefit Programs.--The Director of 
the Office of Personnel Management may contract with the Commission for 
continued coverage of Commission employees, if the employees are federal 
employees when they begin Commission employment, in the retirement 
program and other employee benefit programs of the Government.
  (d) Expenses.--Administrative expenses of the Commission shall be paid 
equally by the Government and the States in the Appalachian region, 
except that the expenses of the Federal Cochairman, the alternate to the 
Federal Cochairman, and the staff of the Federal Cochairman shall be 
paid only by the
Government. The Commission shall determine the amount to be paid by each 
State. The Federal Cochairman shall not participate or vote in that 
determination. Assistance authorized by this subtitle shall not be 
furnished to any State or to any political subdivision or any resident 
of any State, and a state member of the Commission shall not participate 
or vote in any decision by the Commission, while the State is delinquent 
in payment of its share of administrative expenses.

Sec. 14307. Meetings

  (a) In General.--The Appalachian Regional Commission shall conduct at 
least one meeting each year with the Federal Cochairman and at least a 
majority of the state members present.
  (b) Additional Meetings by Electronic Means.--The Commission may 
conduct additional meetings by electronic means as the Commission 
considers advisable, including meetings to decide matters requiring an 
affirmative vote.

Sec. 14308. Information

  (a) Actions of Commission.--To obtain information needed to carry out 
its duties, the Appalachian Regional Commission shall--
          (1) hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and print or otherwise reproduce 
        and distribute so much of its proceedings and reports on the 
        proceedings as the Commission may deem advisable;
          (2) arrange for the head of any federal, state, or local 
        department or agency to furnish to the Commission information as 
        may be available to or procurable by the department or agency; 
        and
          (3) keep accurate and complete records of its doings and 
        transactions which shall be made available for--
                  (A) public inspection; and

[[Page 116 STAT. 1261]]

                  (B) audit and examination by the Comptroller General 
                or an authorized representative of the Comptroller 
                General.

  (b) Authorizations.--
          (1) Administer oaths.--A Cochairman of the Commission, or any 
        member of the Commission designated by the Commission, may 
        administer oaths when the Commission decides that testimony 
        shall be taken or evidence received under oath.
          (2) Furnish information.--The head of any federal, state, or 
        local department or agency, to the extent not otherwise 
        prohibited by law, may carry out section (a)(2).

  (c) Public Participation.--Public participation in the development, 
revision, and implementation of all plans and programs under this 
subtitle by the Commission, any State, or any local development district 
shall be provided for, encouraged, and assisted. The Commission shall 
develop and publish regulations specifying minimum guidelines for public 
participation, including public hearings.

Sec. 14309. Personal financial interests

  (a) Conflict of Interest.--
          (1) No role allowed.--Except as permitted by paragraph (2), an 
        individual who is a state member or alternate, or an officer or 
        employee of the Appalachian Regional Commission, shall not 
        participate personally and substantially as a member, alternate, 
        officer, or employee in any way in any particular matter in 
        which, to the individual's knowledge, any of the following has a 
        financial interest:
                  (A) the individual.
                  (B) the individual's spouse, minor child, or partner.
                  (C) an organization (except a State or political 
                subdivision of a State) in which the individual is 
                serving as an officer, director, trustee, partner, or 
                employee.
                  (D) any person or organization with whom the 
                individual--
                        (i) is serving as an officer, director, trustee, 
                      partner, or employee; or
                        (ii) is negotiating or has any arrangement 
                      concerning prospective employment.
          (2) Exception.--Paragraph (1) does not apply if the individual 
        first advises the Commission of the nature and circumstances of 
        the particular matter and makes full disclosure of the financial 
        interest and receives in advance a written decision of the 
        Commission that the interest is not so substantial as to be 
        considered likely to affect the integrity of the services which 
        the Commission may expect from the individual.
          (3) Criminal penalty.--An individual violating this subsection 
        shall be fined under title 18, imprisoned for not more than two 
        years, or both.

  (b) Additional Sources of Salary Disallowed.--
          (1) State member or alternate.--A state member or alternate 
        may not receive any salary, or any contribution to, or 
        supplementation of, salary, for services on the Commission from 
        a source other than the State of the member or alternate.
          (2) Individuals detailed to commission.--An individual 
        detailed to serve the Commission under section 14306(a)(4) of 
        this title may not receive any salary, or any contribution

[[Page 116 STAT. 1262]]

        to, or supplementation of, salary, for services on the 
        Commission from a source other than the state, local, or 
        intergovernmental department or agency from which the individual 
        was detailed or from the Commission.
          (3) Criminal penalty.--An individual violating this subsection 
        shall be fined under title 18, imprisoned for not more than one 
        year, or both.

  (c) Federal Cochairman, Alternate to Federal Cochairman, and Federal 
Officers and Employees.--The Federal Cochairman, the alternate to the 
Federal Cochairman, and any federal officer or employee detailed to duty 
with the Commission under section 14306(a)(3) of this title are not 
subject to this section but remain subject to sections 202-209 of title 
18.
  (d) Rescission.--The Commission may declare void and rescind any 
contract, loan, or grant of or by the Commission in relation to which it 
finds that there has been a violation of subsection (a)(1) or (b) of 
this section or any of the provisions of sections 202-209 of title 18.

Sec. 14310. Annual report

  Not later than six months after the close of each fiscal year, the 
Appalachian Regional Commission shall prepare and submit to the Governor 
of each State in the Appalachian region and to the President, for 
transmittal to Congress, a report on the activities carried out under 
this subtitle during the fiscal year.

                   SUBCHAPTER II--FINANCIAL ASSISTANCE

Sec. 14321. Grants and other assistance

  (a) Authorization To Make Grants.--
          (1) In general.--The Appalachian Regional Commission may make 
        grants--
                  (A) for administrative expenses, including the 
                development of areawide plans or action programs and 
                technical assistance activities, of local development 
                districts, but--
                        (i) the amount of a grant shall not exceed 50 
                      percent of administrative expenses or, at the 
                      discretion of the Commission, 75 percent of 
                      administrative expenses if the grant is to a local 
                      development district that has a charter or 
                      authority that includes the economic development 
                      of a county or part of a county for which a 
                      distressed county designation is in effect under 
                      section 14526 of this title;
                        (ii) grants for administrative expenses shall 
                      not be made for a state agency certified as a 
                      local development district for a period of more 
                      than three years beginning on the date the initial 
                      grant is made for the development district; and
                        (iii) the local development district 
                      contributions for administrative expenses may be 
                      in cash or in kind, fairly evaluated, including 
                      space, equipment, and services;
                  (B) for assistance to States for a period of not more 
                than two years to strengthen the state development 
                planning process for the
Appalachian region and the coordination of state planning under this 
subtitle, the Public Works

[[Page 116 STAT. 1263]]

and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and other 
federal and state programs; and
                  (C) for investigation, research, studies, evaluations, 
                and assessments of needs, potentials, or attainments of 
                the people of the region, technical assistance, training 
                programs, demonstrations, and the construction of 
                necessary facilities incident to those activities, which 
                will further the purposes of this subtitle.
          (2) Limitation on available amounts.--
                  (A) In general.--Except as provided in subparagraph 
                (B), not more than 50 percent (or 80 percent in the case 
                of a project to be carried out in a county for which a 
                distressed county designation is in effect under section 
                14526 of this title) of the cost of any activity 
                eligible for financial assistance under this section may 
                be provided from amounts appropriated to carry out this 
                subtitle.
                  (B) Discretionary grants.--
                        (i) Grants to which percentage limitation 
                      doesn't apply.--Discretionary grants made by the 
                      Commission to implement significant regional 
                      initiatives, to take advantage of special 
                      development opportunities, or to respond to 
                      emergency economic distress in the region may be 
                      made without regard to the percentage limitations 
                      specified in subparagraph (A).
                        (ii) Limitation on aggregate amount.--For each 
                      fiscal year, the aggregate amount of discretionary 
                      grants referred to in clause (i) shall not be more 
                      than 10 percent of the amount appropriated under 
                      section 14703 of this title for the fiscal year.
          (3) Sources of grants.--Grant amounts may be provided entirely 
        from appropriations to carry out this section, in combination 
        with amounts available under other federal or federal grant 
        programs, or from any other source.
          (4) Federal share.--Notwithstanding any law limiting the 
        federal share in any other federal or federal grant program, 
        amounts appropriated to carry out this section may be used to 
        increase that federal share, as the Commission decides is 
        appropriate.

  (b) Assistance for Demonstrations of Enterprise Development.--
          (1) In general.--The Commission may provide assistance under 
        this section for demonstrations of enterprise development, 
        including site acquisition or development where necessary for 
        the feasibility of the project, in connection with the 
        development of the region's energy resources and the development 
        and stimulation of indigenous arts and crafts of the region.
          (2) Cooperation by federal agencies.--In carrying out the 
        purposes of this subtitle and in implementing this section, the 
        Secretary of Energy, the Environmental Protection Agency, and 
        other federal agencies shall cooperate with the Commission and 
        shall provide assistance that the Federal Cochairman may 
        request.
          (3) Available amounts.--In any fiscal year, not more than--
                  (A) $3,000,000 shall be obligated for energy resource 
                related demonstrations; and

[[Page 116 STAT. 1264]]

                  (B) $2,500,000 shall be obligated for indigenous arts 
                and crafts demonstrations.

  (c) Records.--
          (1) Commission.--The Commission, as required by the President, 
        shall maintain accurate and complete records of transactions and 
        activities financed with federal amounts and report to the 
        President on the transactions and activities. The records of the 
        Commission with respect to grants are available for audit by the 
        President and the Comptroller General.
          (2) Recipients of federal assistance.--Recipients of federal 
        assistance under this section, as required by the Commission, 
        shall maintain accurate and complete records of transactions and 
        activities financed with federal amounts and report to the 
        Commission on the transactions and activities. The records are 
        be available for audit by the President, the Comptroller 
        General, and the Commission.

Sec. 14322. Approval of development plans, strategy statements, and 
                        projects

  (a) Annual Review and Approval Required.--The Appalachian Regional 
Commission annually shall review and approve, in accordance with section 
14302 of this title, state and regional development plans and strategy 
statements, and any multistate subregional plans which may be developed.
  (b) Application Process.--An application for a grant or for other 
assistance for a specific project under this subtitle shall be made 
through the state member of the Commission representing the applicant. 
The state member shall evaluate the application for approval. To be 
approved, the state member must certify, and the Federal Cochairman must 
determine, that the application--
          (1) implements the Commission-approved state development plan;
          (2) is included in the Commission-approved strategy statement;
          (3) adequately ensures that the project will be properly 
        administered, operated, and maintained; and
          (4) otherwise meets the requirements for assistance under this 
        subtitle.

  (c) Affirmative Vote Requirement Deemed Met.--After the appropriate 
state development plan and strategy statement are approved, 
certification by a state member, when joined by an affirmative vote of 
the Federal Cochairman, is deemed to satisfy the requirements for 
affirmative votes for decisions under section 14302(a) of this title.

                CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS

                         SUBCHAPTER I--PROGRAMS

Sec.
14501.  Appalachian development highway system.
14502.  Demonstration health projects.
14503.  Assistance for proposed low- and middle-income housing projects.
14504.  Telecommunications and technology initiative.
14505.  Entrepreneurship initiative.
14506.  Regional skills partnerships.
14507.  Supplements to federal grant programs.

                      SUBCHAPTER II--ADMINISTRATIVE

14521.  Required level of expenditure.

[[Page 116 STAT. 1265]]

14522.  Consent of States.
14523.  Program implementation.
14524.  Program development criteria.
14525.  State development planning process.
14526.  Distressed and economically strong counties.

                         SUBCHAPTER I--PROGRAMS

Sec. 14501. Appalachian development highway system

  (a) Purpose.--To provide a highway system which, in conjunction with 
the Interstate System and other Federal-aid highways in the Appalachian 
region, will open up an area with a developmental potential where 
commerce and communication have been inhibited by lack of adequate 
access, the Secretary of Transportation may assist in the construction 
of an Appalachian development highway system and local access roads 
serving the Appalachian region. Construction on the development highway 
system shall not be more than 3,025 miles. There shall not be more than 
1,400 miles of local access roads that serve specific recreational, 
residential, educational, commercial, industrial, or similar facilities 
or facilitate a school consolidation program.
  (b) Commission Designations.--
          (1) What is to be designated.--The Appalachian Regional 
        Commission shall transmit to the Secretary its designations of--
                  (A) the general corridor location and termini of the 
                development highways;
                  (B) local access roads to be constructed;
                  (C) priorities for the construction of segments of the 
                development highways; and
                  (D) other criteria for the program authorized by this 
                section.
          (2) State transportation department recommendation required.--
        Before a state member participates in or votes on
designations, the member must obtain the recommendations of the state 
transportation department of the State which the member represents.

  (c) Addition to Federal-aid Primary System.--When completed, each 
development highway not already on the Federal-aid primary system shall 
be added to the system.
  (d) Use of Specific Materials and Products.--
          (1) Indigenous materials and products.--In the construction of 
        highways and roads authorized under this section, a State may 
        give special preference to the use of materials and products 
        indigenous to the Appalachian region.
          (2) Coal derivatives.--For research and development in the use 
        of coal and coal products in highway construction and 
        maintenance, the Secretary may require each participating State, 
        to the maximum extent possible, to use coal derivatives in the 
        construction of not more than 10 percent of the roads authorized 
        under this subtitle.

  (e) Federal Share.--Federal assistance to any construction project 
under this section shall not be more than 80 percent of the cost of the 
project.
  (f) Construction Without Federal Amounts.--
          (1) Payment of federal share.--When a participating State 
        constructs a segment of a development highway without the aid of 
        federal amounts and the construction is in accordance

[[Page 116 STAT. 1266]]

        with all procedures and requirements applicable to the 
        construction of segments of Appalachian development highways 
        with those amounts, except for procedures and requirements that 
        limit a State to the construction of projects for which federal 
        amounts have previously been appropriated, the Secretary, on 
        application by the State and with the approval of the 
        Commission, may pay to the State the federal share, which shall 
        not be more than 80 percent of the cost of the construction of 
        the segment, from any amounts appropriated and allocated to the 
        State to carry out this section.
          (2) No commitment or obligation.--This subsection does not 
        commit or obligate the Federal Government to provide amounts for 
        segments of development highways constructed under this 
        subsection.

  (g) Application of Title 23.--
          (1) Sections 106(a) and 118.--Sections 106(a) and 118 of title 
        23 apply to the development highway system and the local access 
        roads.
          (2) Construction and maintenance.--States are required to 
        maintain each development highway and local access road as 
        provided for Federal-aid highways in title 23. All other 
        provisions of title 23 that are applicable to the construction 
        and maintenance of Federal-aid primary and secondary highways 
        and which the Secretary decides are not inconsistent with this 
        subtitle shall apply to the system and roads, respectively.

Sec. 14502. Demonstration health projects

  (a) Purpose.--To demonstrate the value of adequate health facilities 
and services to the economic development of the Appalachian region, the 
Secretary of Health and Human Services may make grants for the planning, 
construction, equipment, and operation of multi-county demonstration 
health, nutrition, and child care projects, including hospitals, 
regional health diagnostic and treatment centers, and other facilities 
and services necessary for the purposes of this section.
  (b) Planning Grants.--
          (1) Authority to provide amounts and make grants.--The 
        Secretary may provide amounts to the Appalachian Regional 
        Commission for the support of its Health Advisory Committee and 
        may make grants for expenses of planning necessary for the 
        development and operation of demonstration health projects for 
        the region.
          (2) Limitation on available amounts.--The amount of a grant 
        under this section for planning shall not be more than 75 
        percent of expenses.
          (3) Sources of assistance.--The federal contribution may be 
        provided entirely from amounts authorized under this section or 
        in combination with amounts provided under other federal or 
        federal grant programs.
          (4) Federal share.--Notwithstanding any provision of law 
        limiting the federal share in those other programs, amounts 
        appropriated to carry out this section may be used to increase 
        the federal share to the maximum percentage cost of a grant 
        authorized by this subsection.

  (c) Construction and Equipment Grants.--

[[Page 116 STAT. 1267]]

          (1) Additional uses for construction grants.--Grants under 
        this section for construction may also be used for--
                  (A) the acquisition of privately owned facilities--
                        (i) not operated for profit; or
                        (ii) previously operated for profit if the 
                      Commission finds that health services would not 
                      otherwise be provided in the area served by the 
                      facility if the acquisition is not made; and
                  (B) initial equipment.
          (2) Standards for making grants.--Grants under this section 
        for construction shall be made in accordance with section 14523 
        of this title and shall not be incompatible with the applicable 
        provisions of title VI of the Public Health Service Act (42 
        U.S.C. 291 et seq.), the Developmental Disabilities Assistance 
        and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and 
        other laws authorizing grants for the construction of health-
        related facilities, without regard to any provisions in those 
        laws relating to appropriation authorization ceilings or to 
        allotments among the States.
          (3) Limitation on available amounts.--A grant for the 
        construction or equipment of any component of a demonstration 
        health project shall not be more than 80 percent of the cost.
          (4) Sources of assistance.--The federal contribution may be 
        provided entirely from amounts authorized under this section or 
        in combination with amounts provided under other federal grant 
        programs for the construction or equipment of health-related 
        facilities.
          (5) Federal share.--Notwithstanding any provision of law 
        limiting the federal share in those other programs, amounts 
        authorized under this section may be used to increase federal 
        grants for component facilities of a demonstration health 
        project to a maximum of 80 percent of the cost of the 
        facilities.

  (d) Operation Grants.--
          (1) Standards for making grants.--A grant for the operation of 
        a demonstration health project shall not be made--
                  (A) unless the facility is publicly owned, or owned by 
                a public or private nonprofit organization, and is not 
                operated for profit;
                  (B) after five years following the commencement of the 
                initial grant for operation of the project, except that 
                child development demonstrations assisted under this 
                section during fiscal year 1979 may be approved under 
                section 14322 of this title for continued support beyond 
                that period, on request of the State, if the Commission 
                finds that no federal, state, or local amounts are 
                available to continue the project; and
                  (C) unless the Secretary of Health and Human Services 
                is satisfied that the operation of the project will be 
                conducted under efficient management practices designed 
                to obviate operating deficits.
          (2) Limitation on available amounts.--Grants under this 
        section for the operation (including initial operating amounts 
        and operating deficits, which include the cost of attracting, 
        training, and retaining qualified personnel) of a demonstration 
        health project, whether or not constructed with amounts 
        authorized by this section, may be made for up to 50 percent of 
        the cost of that operation (or 80 percent of the cost of that

[[Page 116 STAT. 1268]]

        operation for a project to be carried out in a county for which 
        a distressed county designation is in effect under section 14526 
        of this title).
          (3) Sources of assistance.--The federal contribution may be 
        provided entirely from amounts appropriated to carry out this 
        section or in combination with amounts provided under other 
        federal grant programs for the operation of health related 
        facilities and the provision of health and child development 
        services, including parts A and B of title IV and title XX of 
        the Social Security Act (42 U.S.C. 601 et seq., 620 et seq., 
        1397 et seq.).
          (4) Federal share.--Notwithstanding any provision of law 
        limiting the federal share in those other programs, amounts 
        appropriated to carry out this section may be used to increase 
        federal grants for operating components of a demonstration 
        health project to the maximum percentage cost of a grant 
        authorized by this subsection.
          (5) State deemed to meet requirement of providing assistance 
        or services on statewide basis.--Notwithstanding any provision 
        of the Social Security Act (42 U.S.C. 301 et seq.) requiring 
        assistance or services on a statewide basis, a State providing 
        assistance or services under a federal grant program described 
        in paragraph (2) in any area of the region approved by the 
        Commission is deemed to be meeting that requirement.

  (e) Grant Sources and Use of Grants in Computing Allotments.--Grants 
under this section--
          (1) shall be made only out of amounts specifically 
        appropriated for the purpose of carrying out this subtitle; and
          (2) shall not be taken into account in computing allotments 
        among the States under any other law.

  (f) Maximum Commission Contribution.--
          (1) In general.--Subject to paragraph (2), the Commission may 
        contribute not more than 50 percent of any project cost eligible 
        for financial assistance under this section from amounts 
        appropriated to carry out this subtitle.
          (2) Distressed counties.--The maximum Commission contribution 
        for a project to be carried out in a county for which a 
        distressed county designation is in effect under section 14526 
        of this title may be increased to the lesser of--
                  (A) 80 percent; or
                  (B) the maximum federal contribution percentage 
                authorized by this section.

  (g) Emphasis on Occupational Diseases From Coal Mining.--To provide 
for the further development of the Appalachian region's human resources, 
grants under this section shall give special emphasis to programs and 
research for the early detection, diagnosis, and treatment of 
occupational diseases arising from coal mining, such as black lung.

Sec. 14503. Assistance for proposed low- and middle-income housing 
                        projects

  (a) Appalachian Housing Fund.--
          (1) Establishment.--There is an Appalachian Housing Fund.
          (2) Source and use of amounts in fund.--Amounts allocated to 
        the Secretary of Housing and Urban Development for the purposes 
        of this section shall be deposited in the Fund.

[[Page 116 STAT. 1269]]

        The Secretary shall use the Fund as a revolving fund to carry 
        out those purposes. Amounts in the Fund not needed for current 
        operation may be invested in bonds or other obligations the 
        Federal Government guarantees as to principal and interest. 
        General expenses of administration of this section may be 
        charged to the Fund.

  (b) Purpose.--To encourage and facilitate the construction or 
rehabilitation of housing to meet the needs of low- and moderate-income 
families and individuals, the Secretary may make grants and loans from 
the Fund, under terms and conditions the Secretary may prescribe. The 
grants and loans may be made to nonprofit, limited dividend, or 
cooperative organizations and public bodies and are for planning and 
obtaining federally insured mortgage financing or other financial 
assistance for housing construction or rehabilitation projects for low- 
and moderate-income families and individuals, in any area of the 
Appalachian region the Appalachian Regional Commission establishes, 
under--
          (1) section 221 of the National Housing Act (12 U.S.C. 1715l);
          (2) section 8 of the United States Housing Act of 1937 (42 
        U.S.C. 1437f);
          (3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); 
        or
          (4) any other law of similar purpose administered by the 
        Secretary or any other department, agency, or instrumentality of 
        the Federal Government or a state government.

  (c) Providing Amounts to States for Grants and Loans.--The Secretary 
or the Commission may provide amounts to the States for making grants 
and loans to nonprofit, limited dividend, or cooperative organizations 
and public bodies for the purposes for which the Secretary may provide 
amounts under this section.
  (d) Loans.--
          (1) Limitation on available amounts.--A loan under subsection 
        (b) shall not be more than 50 percent (or 80 percent for a 
        project to be carried out in a county for which a distressed 
        county designation is in effect under section 14526 of this 
        title) of the cost of planning and obtaining financing for a 
        project, including preliminary surveys and analyses of market 
        needs, preliminary site engineering and architectural fees, site 
        options, application and mortgage commitment fees, legal fees, 
        and construction loan fees and discounts.
          (2) Interest.--A loan shall be made without interest, except 
        that a loan made to an organization established for profit shall 
        bear interest at the prevailing market rate authorized for an 
        insured or guaranteed loan for that type of project.
          (3) Payment.--The Secretary shall require payment of a loan 
        made under this section, under terms and conditions the 
        Secretary may require, no later than on completion of the 
        project. Except for a loan to an organization established for 
        profit, the Secretary may cancel any part of a loan made under 
        this section on determining that a permanent loan to finance the 
        project cannot be obtained in an amount adequate for repayment 
        of a loan made under this section.

  (e) Grants.--
          (1) In general.--A grant under this section shall not be made 
        to an organization established for profit and, except as 
        provided in paragraph (2), shall not exceed 50 percent (or 80 
        percent for a project to be carried out in a county for

[[Page 116 STAT. 1270]]

        which a distressed county designation is in effect under section 
        14526 of this title) of expenses, incident to planning and 
        obtaining financing for a project, which the Secretary considers 
        not to be recoverable from the proceeds of a permanent loan made 
        to finance the project.
          (2) Site development costs and offsite improvements.--The 
        Secretary may make grants and commitments for grants, and may 
        advance amounts under terms and conditions the Secretary may 
        require, to nonprofit, limited dividend, or cooperative 
        organizations and public bodies for reasonable site development 
        costs and necessary offsite improvements, such as sewer and 
        water line extensions, when the grant, commitment, or advance is 
        essential to the economic feasibility of a housing construction 
        or rehabilitation project for low- and moderate-income families 
        and individuals which otherwise meets the requirements for 
        assistance under this section. A grant under this paragraph 
        for--
                  (A) the construction of housing shall not be more than 
                10 percent of the cost of the project; and
                  (B) the rehabilitation of housing shall not be more 
                than 10 percent of the reasonable value of the 
                rehabilitation housing, as determined by the Secretary.

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

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

Sec. 14504. Telecommunications and technology initiative

  (a) Projects To Be Assisted.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into contracts, or 
otherwise provide amounts to persons or entities in the region for 
projects--
          (1) to increase affordable access to advanced 
        telecommunications, entrepreneurship, and management 
        technologies or applications in the region;
          (2) to provide education and training in the use of 
        telecommunications and technology;
          (3) to develop programs to increase the readiness of industry 
        groups and businesses in the region to engage in electronic 
        commerce; or
          (4) to support entrepreneurial opportunities for businesses in 
        the information technology sector.

  (b) Limitation on Available Amounts.--Not more than 50 percent (or 80 
percent in the case of a project to be carried out in a county for which 
a distressed county designation is in effect under section 14526 of this 
title) of the cost of any activity eligible for a grant under this 
section may be provided from amounts appropriated to carry out this 
section.
  (c) Sources of Assistance.--Assistance under this section may be 
provided entirely from amounts made available to carry out

[[Page 116 STAT. 1271]]

this section, in combination with amounts made available under other 
federal programs, or from any other source.
  (d) Federal Share.--Notwithstanding any provision of law limiting the 
federal share under any other federal program, amounts made available to 
carry out this section may be used to increase that federal share, as 
the Commission decides is appropriate.

Sec. 14505. Entrepreneurship initiative

  (a) Business Incubator Service.--In this section, the term ``business 
incubator service'' means a professional or technical service necessary 
for the initiation and initial sustainment of the operations of a newly 
established business, including a service such as--
          (1) a legal service, including aid in preparing a corporate 
        charter, partnership agreement, or basic contract;
          (2) a service in support of the protection of intellectual 
        property through a patent, a trademark, or any other means;
          (3) a service in support of the acquisition and use of 
        advanced technology, including the use of Internet services and 
        Web-based services; and
          (4) consultation on strategic planning, marketing, or 
        advertising.

  (b) Projects To Be Assisted.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into contracts, or 
otherwise provide amounts to persons or entities in the region for 
projects--
          (1) to support the advancement of, and provide, 
        entrepreneurial training and education for youths, students, and 
        businesspersons;
          (2) to improve access to debt and equity capital by such means 
        as facilitating the establishment of development venture capital 
        funds;
          (3) to aid communities in identifying, developing, and 
        implementing development strategies for various sectors of the 
        economy;
          (4) to develop a working network of business incubators; and
          (5) to support entities that provide business incubator 
        services.

  (c) Limitation on Available Amounts.--Not more than 50 percent (or 80 
percent in the case of a project to be carried out in a county for which 
a distressed county designation is in effect under section 14526 of this 
title) of the cost of any activity eligible for a grant under this 
section may be provided from amounts appropriated to carry out this 
section.
  (d) Sources of Assistance.--Assistance under this section may be 
provided entirely from amounts made available to carry out this section, 
in combination with amounts made available under other federal programs, 
or from any other source.
  (e) Federal Share.--Notwithstanding any provision of law limiting the 
federal share under any other federal program, amounts made available to 
carry out this section may be used to increase that federal share, as 
the Commission decides is appropriate.

Sec. 14506. Regional skills partnerships

  (a) Eligible Entity.--In this section, the term ``eligible entity'' 
means a consortium that--

[[Page 116 STAT. 1272]]

          (1) is established to serve one or more industries in a 
        specified geographic area; and
          (2) consists of representatives of--
                  (A) businesses (or a nonprofit organization that 
                represents businesses);
                  (B) labor organizations;
                  (C) State and local governments; or
                  (D) educational institutions.

  (b) Projects To Be Assisted.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into contracts, or 
otherwise provide amounts to eligible entities in the region for 
projects to improve the job skills of workers for a specified industry, 
including projects for--
          (1) the assessment of training and job skill needs for the 
        industry;
          (2) the development of curricula and training methods, 
        including, in appropriate cases, electronic learning or 
        technology-based training;
          (3) the identification of training providers;
          (4) the development of partnerships between the industry and 
        educational institutions, including community colleges;
          (5) the development of apprenticeship programs;
          (6) the development of training programs for workers, 
        including dislocated workers; and
          (7) the development of training plans for businesses.

  (c) Administrative Costs.--An eligible entity may use not more than 10 
percent of amounts made available to the eligible entity under 
subsection (b) to pay administrative costs associated with the projects 
described in subsection (b).
  (d) Limitation on Available Amounts.--Not more than 50 percent (or 80 
percent in the case of a project to be carried out in a county for which 
a distressed county designation is in effect under section 14526 of this 
title) of the cost of any activity eligible for a grant under this 
section may be provided from amounts appropriated to carry out this 
section.
  (e) Sources of Assistance.--Assistance under this section may be 
provided entirely from amounts made available to carry out this section, 
in combination with amounts made available under other federal programs, 
or from any other source.
  (f) Federal Share.--Notwithstanding any provision of law limiting the 
federal share under any other federal program, amounts made available to 
carry out this section may be used to increase that Federal share, as 
the Commission decides is appropriate.

Sec. 14507. Supplements to federal grant programs

  (a) Definition.--
          (1) Federal grant programs.--In this section, the term 
        ``federal grant programs''--
                  (A) means any federal grant program that provides 
                assistance for the acquisition or development of land, 
                the construction or equipment of facilities, or other 
                community or economic development or economic adjustment 
                activities, including a federal grant program authorized 
                by--
                        (i) the Consolidated Farm and Rural Development 
                      Act (7 U.S.C. 1921 et seq.);
                        (ii) the Land and Water Conservation Fund Act of 
                      1965 (16 U.S.C. 460l-4 et seq.);

[[Page 116 STAT. 1273]]

                        (iii) the Watershed Protection and Flood 
                      Prevention Act (16 U.S.C. 1001 et seq.);
                        (iv) the Carl D. Perkins Vocational and 
                      Technical Education Act of 1998 (20 U.S.C. 2301 et 
                      seq.);
                        (v) the Federal Water Pollution Control Act (33 
                      U.S.C. 1251 et seq.) (known as the Clean Water 
                      Act);
                        (vi) title VI of the Public Health Services Act 
                      (42 U.S.C. 291 et seq.);
                        (vii) sections 201 and 209 of the Public Works 
                      and Economic Development Act of 1965 (42 U.S.C. 
                      3141, 3149);
                        (viii) title I of the Housing and Community 
                      Development Act of 1974 (42 U.S.C. 5301 et seq.); 
                      and
                        (ix) part IV of title III of the Communications 
                      Act of 1934 (47 U.S.C. 390 et seq.); but
                  (B) does not include--
                        (i) the program for the construction of the 
                      development highway system authorized by section 
                      14501 of this title or any other program relating 
                      to highway or road construction authorized by 
                      title 23; or
                        (ii) any other program to the extent that 
                      financial assistance other than a grant is 
                      authorized.
          (2) Certain sewage treatment works deemed constructed with 
        federal grant assistance.--For the purpose of this section, any 
        sewage treatment works constructed pursuant to title II of the 
        Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) 
        (known as the Clean Water Act) without federal grant assistance 
        under that title is deemed to be constructed with that 
        assistance.

  (b) Purpose.--To enable the people, States, and local communities of 
the Appalachian region, including local development districts, to take 
maximum advantage of federal grant programs for which they are eligible 
but for which, because of their economic situation, they cannot supply 
the required matching share, or for which there are insufficient amounts 
available under the federal law authorizing the programs to meet 
pressing needs of the region, the Federal Cochairman may use amounts 
made available to carry out this section--
          (1) for any part of the basic federal contribution to projects 
        or activities under the federal grant programs authorized by 
        federal laws; and
          (2) to increase the federal contribution to projects and 
        activities under the programs above the fixed maximum part of 
        the cost of the projects or activities otherwise authorized by 
        the applicable law.

  (c) Certification Required.--For a program, project, or activity for 
which any part of the basic federal contribution to the project or 
activity under a federal grant program is proposed to be made under 
subsection (b), the contribution shall not be made until the responsible 
federal official administering the federal law authorizing the 
contribution certifies that the program, project, or activity meets the 
applicable requirements of the federal law and could be approved for 
federal contribution under that law if amounts were available under the 
law for the program, project, or activity.
  (d) Limitations in Other Laws Inapplicable.--Amounts provided pursuant 
to this subtitle are available without regard to

[[Page 116 STAT. 1274]]

any limitations on areas eligible for assistance or authorizations for 
appropriation in any other law.
  (e) Acceptance of Certain Material.--For a supplemental grant for a 
project or activity under a federal grant program, the Federal 
Cochairman shall accept any finding, report, certification, or 
documentation required to be submitted to the head of the department, 
agency, or instrumentality of the Federal Government responsible for the 
administration of the program.
  (f) Federal Share.--The federal portion of the cost of a project or 
activity shall not--
          (1) be increased to more than the percentages the Commission 
        establishes; nor
          (2) be more than 80 percent of the cost.

  (g) Maximum Commission Contribution.--
          (1) In general.--Subject to paragraph (2), the Commission may 
        contribute not more than 50 percent of a project or activity 
        cost eligible for financial assistance under this section from 
        amounts appropriated to carry out this subtitle.
          (2) Distressed counties.--The maximum Commission contribution 
        for a project or activity to be carried out in a county for 
        which a distressed county designation is in effect under section 
        14526 of this title may be increased to 80 percent.

                      SUBCHAPTER II--ADMINISTRATIVE

Sec. 14521. Required level of expenditure

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

Sec. 14522. Consent of States

  This subtitle does not require a State to engage in or accept a 
program under this subtitle without its consent.

Sec. 14523. Program implementation

  (a) Requirements.--A program or project authorized under this chapter 
shall not be implemented until--
          (1) the responsible federal official has decided that 
        applications and plans relating to the program or project are 
        not incompatible with the provisions and objectives of federal 
        laws that the official administers that are not inconsistent 
        with this subtitle; and

[[Page 116 STAT. 1275]]

          (2) the Appalachian Regional Commission has approved the 
        program or project and has determined that it--
                  (A) meets the applicable criteria under section 14524 
                of this title and the requirements of the development 
                planning process under section 14525 of this title; and
                  (B) will contribute to the development of the 
                Appalachian region.

  (b) Decision Is Controlling.--A decision under subsection (a)(2) is 
controlling and shall be accepted by the federal agencies.

Sec. 14524. Program development criteria

  (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.

Sec. 14525. State development planning process

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

[[Page 116 STAT. 1276]]

          (1) be submitted according to a schedule the Commission 
        prescribes;
          (2) reflect the goals, objectives, and priorities identified 
        in the regional development plan and in any subregional 
        development plan that may be approved for the subregion of which 
        the State is a part;
          (3) describe the state organization and continuous process for 
        Appalachian development planning, including--
                  (A) the procedures established by the State for the 
                participation of local development districts in the 
                process;
                  (B) how the process is related to overall statewide 
                planning and budgeting processes; and
                  (C) the method of coordinating planning and projects 
                in the region under this subtitle, the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3121 et 
                seq.), and other federal, state, and local programs;
          (4) set forth the goals, objectives, and priorities of the 
        State for the region, as established by the Governor, and 
        identify the needs on which the goals, objectives, and 
        priorities are based; and
          (5) describe the development strategies for achieving the 
        goals, objectives, and priorities, including funding sources, 
        and recommendations for specific projects to receive assistance 
        under this subtitle.

  (b) Areawide Action Programs.--The Commission shall encourage the 
preparation and execution of areawide action programs that specify 
interrelated projects and schedules of actions, the necessary agency 
funding, and other commitments to implement the programs. The programs 
shall make appropriate use of existing plans affecting the area.
  (c) Local Development Districts.--Local development districts 
certified by the State as described in section 14102(a)(2) of this title 
provide the linkage between state and substate planning and development. 
The districts shall assist the States in the coordination of areawide 
programs and projects and may prepare and adopt areawide plans or action 
programs. In carrying out the development planning process, including 
the selection of programs and projects for assistance, States shall 
consult with local development districts, local units of government, and 
citizen groups and shall consider the goals, objectives, priorities, and 
recommendations of those bodies.
  (d) Federal Responsibilities.--To the maximum extent practicable, 
federal departments, agencies, and instrumentalities undertaking or 
providing financial assistance for programs or projects in the region 
shall--
          (1) take into account the policies, goals, and objectives the 
        Commission and its member States establish pursuant to this 
        subtitle;
          (2) recognize Appalachian state development strategies 
        approved by the Commission as satisfying requirements for 
        overall economic development planning under the programs or 
        projects; and
          (3) accept the boundaries and organization of any local 
        development district certified under this subtitle that the 
        Governor may designate as the areawide agency required under any 
        of those programs undertaken or assisted by those federal 
        departments, agencies, and instrumentalities.

[[Page 116 STAT. 1277]]

Sec. 14526. Distressed and economically strong counties

  (a) Designations.--
          (1) In general.--The Appalachian Regional Commission, in 
        accordance with criteria the Commission may establish, each year 
        shall--
                  (A) designate as ``distressed counties'' those 
                counties in the Appalachian region that are the most 
                severely and persistently distressed; and
                  (B) designate two categories of economically strong 
                counties, consisting of--
                        (i) ``competitive counties'', which shall be 
                      those counties in the region that are approaching 
                      economic parity with the rest of the United 
                      States; and
                        (ii) ``attainment counties'', which shall be 
                      those counties in the region that have attained or 
                      exceeded economic parity with the rest of the 
                      United States.
          (2) Annual review of designations.--The Commission shall--
                  (A) conduct an annual review of each designation of a 
                county under paragraph (1) to determine if the county 
                still meets the criteria for the designation; and
                  (B) renew the designation for another one-year period 
                only if the county still meets the criteria.

  (b) Distressed Counties.--In program and project development and 
implementation and in the allocation of appropriations made available to 
carry out this subtitle, the Commission shall give special consideration 
to the needs of counties for which a distressed county designation is in 
effect under this section.
  (c) Economically Strong Counties.--
          (1) Competitive counties.--Except as provided in paragraphs 
        (3) and (4), assistance under this subtitle for a project that 
        is carried out in a county for which a competitive county 
        designation is in effect under this section shall not be more 
        than 30 percent of the project cost.
          (2) Attainment counties.--Except as provided in paragraphs (3) 
        and (4), amounts may not be provided under this subtitle for a 
        project that is carried out in a county for which an attainment 
        county designation is in effect under this section.
          (3) Exceptions.--Paragraphs (1) and (2) do not apply to--
                  (A) a project on the Appalachian development highway 
                system authorized by section 14501 of this title;
                  (B) a local development district administrative 
                project assisted under section 14321(a)(1)(A) of this 
                title; or
                  (C) a multicounty project that is carried out in at 
                least two counties designated under this section if--
                        (i) at least one of the participating counties 
                      is designated as a distressed county under this 
                      section; and
                        (ii) the project will be of substantial direct 
                      benefit to at least one distressed county.
          (4) Waiver.--
                  (A) In general.--The Commission may waive the 
                requirements of paragraphs (1) and (2) for a project 
                when the recipient of assistance for the project shows 
                the existence of any of the following:
                        (i) a significant pocket of distress in the part 
                      of the county in which the project is carried out.

[[Page 116 STAT. 1278]]

                        (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.

                       CHAPTER 147--MISCELLANEOUS

Sec.
14701.  Applicable labor standards.
14702.  Nondiscrimination.
14703.  Authorization of appropriations.
14704.  Termination.

Sec. 14701. Applicable labor standards

  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.

Sec. 14702. Nondiscrimination

  An individual in the United States shall not, because of sex, be 
excluded from participation in, be denied the benefits of, or be 
subjected to discrimination under, a program or activity receiving 
federal financial assistance under this subtitle.

Sec. 14703. Authorization of appropriations

  (a) In General.--In addition to amounts authorized by section 14501 of 
this title and other amounts made available for the Appalachian 
development highway system program, the following amounts may be 
appropriated to the Appalachian Regional Commission to carry out this 
subtitle:
          (1) $88,000,000 for each of the fiscal years 2002-2004.
          (2) $90,000,000 for fiscal year 2005.
          (3) $92,000,000 for fiscal year 2006.

  (b) Telecommunications and Technology Initiative.--Of the amounts made 
available under subsection (a), the following amounts are available to 
carry out section 14504 of this title:
          (1) $10,000,000 for fiscal year 2002.
          (2) $8,000,000 for fiscal year 2003.
          (3) $5,000,000 for each of the fiscal years 2004-2006.

  (c) Availability.--Amounts made available under subsection (a) remain 
available until expended.

Sec. 14704. Termination

  This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases 
to be in effect on October 1, 2006.

[[Page 116 STAT. 1279]]

                        SUBTITLE V--MISCELLANEOUS

Chapter                                                             Sec.
            SAFETY STANDARDS FOR MOTOR VEHICLES                    17101
            GOVERNMENT LOSSES IN SHIPMENT                          17301
            FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL              17501
            ALASKA COMMUNICATIONS DISPOSAL                         17701
            ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP         17901
            TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED  18101
                AND SPEECH-IMPAIRED INDIVIDUALS
            NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS   18301

            CHAPTER 171--SAFETY STANDARDS FOR MOTOR VEHICLES

Sec.
17101.  Definitions.
17102.  Prohibition on acquisition or purchase of motor vehicles by 
           Federal Government.
17103.  Commercial standards for passenger safety devices.

Sec. 17101. Definitions

  In this chapter, the following definitions apply:
          (1) Federal government.--The term ``Federal Government'' 
        includes the government of the District of Columbia.
          (2) Motor vehicle.--The term ``motor vehicle'' means a 
        vehicle, self-propelled or drawn by mechanical power, designed 
        for use on the highways principally for the transportation of 
        passengers, except a vehicle designed or used for military field 
        training, combat, or tactical purposes.

Sec. 17102. Prohibition on acquisition or purchase of motor vehicles by 
                        Federal Government

  The Federal Government shall not purchase a motor vehicle for use by 
the Government unless that motor vehicle is equipped with reasonable 
passenger safety devices that the Administrator of General Services 
requires. Those devices shall conform with standards the Administrator 
prescribes under section 17103 of this title.

Sec. 17103. Commercial standards for passenger safety devices

  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.

               CHAPTER 173--GOVERNMENT LOSSES IN SHIPMENT

Sec.
17301.  Definitions.
17302.  Compliance.
17303.  Fund for the payment of Government losses in shipment.
17304.  Claim for replacement.
17305.  Replacing lost, destroyed, or damaged stamps, securities, 
           obligations, or money.
17306.  Agreements of indemnity.
17307.  Purchase of insurance.
17308.  Presumption of lawful conduct.
17309.  Rules and regulations.

[[Page 116 STAT. 1280]]

Sec. 17301. Definitions

  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.

Sec. 17302. Compliance

  (a) Prescribing Regulations.--With the approval of the President, the 
Secretary of the Treasury and the United States Postal Service jointly 
shall prescribe regulations governing the shipment of valuables by an 
executive department, independent establishment, agency, wholly owned 
Government corporation, officer, or employee of the Federal Government, 
with a view to minimizing the risk of loss and destruction of, and 
damage to, valuables in shipment.
  (b) Compliance.--Each executive department, independent establishment, 
agency, wholly owned Government corporation,

[[Page 116 STAT. 1281]]

officer, and employee of the Government, and each person acting for, or 
at the direction of, the executive department, independent 
establishment, agency, wholly owned Government corporation, officer, or 
employee, must comply with the regulations when making any shipment of 
valuables.

Sec. 17303. Fund for the payment of Government losses in shipment

  (a) Establishment.--There is a revolving fund in the Treasury known as 
``the fund for the payment of Government losses in shipment''.
  (b) Use.--The fund shall be used for the replacement of valuables, or 
the value of valuables, lost, destroyed, or damaged while being shipped 
in accordance with regulations prescribed under section 17302 of this 
title.
  (c) Unavailability.--The fund is not available with respect to any 
loss, destruction, or damage affecting valuables--
          (1) that relates to property of the United States Postal 
        Service that is chargeable to its officers or employees; or
          (2) of which shipment shall have been made at the risk of 
        persons other than the Federal Government and the executive 
        departments, independent establishments, agencies, wholly owned 
        Government corporations, officers and employees of the 
        Government.

  (d) Crediting of Recoveries and Repayments.--All recoveries and 
repayments on account of loss, destruction, or damage to valuables for 
which replacement is made out of the fund shall be credited to it and 
are available for the purposes of the fund.
  (e) Appropriations.--Necessary amounts are appropriated for the fund.

Sec. 17304. Claim for replacement

  (a) Presentation of Claim.--When valuables that have been shipped in 
accordance with regulations prescribed under section 17302 of this title 
are lost, destroyed, or damaged, a claim in writing for replacement 
shall be made on the Secretary of the Treasury.
  (b) Decision of the Secretary of the Treasury.--
          (1) Replacement made from fund.--If the Secretary is satisfied 
        that the loss, destruction, or damage has occurred and that 
        shipment was made substantially in accordance with the 
        regulations, the Secretary shall have replacement be made out of 
        the fund described in section 17303 of this title through an 
        officer the Secretary designates.
          (2) Replacement made by credit.--When the Secretary decides 
        that any part of the replacement can be made, without actual or 
        ultimate injury to the Federal Government, by a credit in the 
        accounts of the executive department, independent establishment, 
        agency, officer, employee, or other accountable person making 
        the claim, the Secretary shall--
                  (A) certify the decision to the Comptroller General 
                who, on receiving the certification, shall make the 
                credit in the settlement of accounts in the General 
                Accounting Office; and
                  (B) use the fund only to the extent that the 
                replacement cannot be made by the credit.

[[Page 116 STAT. 1282]]

  (c) Decision of Secretary Not Reviewable.--The decision of the 
Secretary that a loss, destruction, or damage has occurred or that a 
shipment was made substantially in accordance with regulations is final 
and conclusive and is not subject to review by any other officer of the 
Government.

Sec. 17305. Replacing lost, destroyed, or damaged stamps, securities, 
                        obligations, or money

  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.

Sec. 17306. Agreements of indemnity

  (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.

Sec. 17307. Purchase of insurance

  An executive department, independent establishment, agency, wholly 
owned Government corporation, officer, or employee may expend money, or 
incur an obligation, for insurance, or for the payment of premiums on 
insurance, against loss, destruction, or damage in the shipment of 
valuables only as specifically authorized by the Secretary of the 
Treasury. The Secretary may give the authorization if the Secretary 
finds that the risk of loss, destruction, or damage in the shipment 
cannot be guarded against adequately by the facilities of the Federal 
Government or that adequate replacement cannot be provided under this 
chapter.

[[Page 116 STAT. 1283]]

Sec. 17308. Presumption of lawful conduct

  For purposes of the propriety of an act or omission related to a 
shipment to which the regulations prescribed under section 17302 of this 
title apply, every officer and employee of the Federal Government and 
every individual acting on behalf of a wholly owned Government 
corporation who makes a shipment of valuables in good faith under, and 
substantially in accordance
with, the regulations is deemed to be acting in the faithful execution 
of the officer's, employee's, or individual's duties of office and in 
full performance of any conditions of the officer's, employee's, or 
individual's bond and oath of office.

Sec. 17309. Rules and regulations

  (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.

         CHAPTER 175--FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL

Sec.
17501.  Definitions.
17502.  Monitoring system.
17503.  Data collection.
17504.  Agency statements with respect to motor vehicle use.
17505.  Presidential report.
17506.  Reduction of storage and disposal costs.
17507.  Savings.
17508.  Compliance.
17509.  Applicability.
17510.  Cooperation.

Sec. 17501. Definitions

  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.

Sec. 17502. Monitoring system

  The head of each executive agency shall designate one office, officer, 
or employee of the agency--
          (1) to establish and operate a central monitoring system for 
        the motor vehicle operations of the agency, related activities, 
        and related reporting requirements; and
          (2) provide oversight of those operations, activities, and 
        requirements.

[[Page 116 STAT. 1284]]

Sec. 17503. Data collection

  (a) Cost Identification and Analysis.--The head of each executive 
agency shall develop a system to identify, collect, and analyze data 
with respect to all costs (including obligations and outlays) the agency 
incurs in the operation, maintenance, acquisition, and disposition of 
motor vehicles, including vehicles owned or leased by the Federal 
Government and privately owned vehicles used for official purposes.
  (b) Requirements for Data Systems.--
          (1) Scope of requirements.--In cooperation with the 
        Comptroller General of the United States and the Director of the 
        Office of Management and Budget, the Administrator of General 
        Services shall prescribe requirements governing the 
        establishment and operation by executive agencies of the systems 
        required by subsection (a), including requirements with respect 
        to data on the costs and uses of motor vehicles and with respect 
        to the uniform collection and submission of the data.
          (2) Conformity with principles and standards.--Requirements 
        prescribed under this section shall conform to accounting 
        principles and standards issued by the Comptroller General. Each 
        executive agency shall comply with those requirements.

Sec. 17504. Agency statements with respect to motor vehicle use

  (a) Contents of Statement.--The head of each executive agency shall 
include with the appropriation request the agency submits under section 
1108 of title 31 for each fiscal year, a statement--
          (1) specifying--
                  (A) the total motor vehicle acquisition, maintenance, 
                leasing, operation, and disposal costs (including 
                obligations and outlays) the agency incurred in the most 
                recently completed fiscal year; and
                  (B) an estimate of those costs for the fiscal year in 
                which the request is submitted and for the succeeding 
                fiscal year; and
          (2) justifying why the existing and any new motor vehicle 
        acquisition, maintenance, leasing, operation, and disposal 
        requirements of the agency cannot be met through the Interagency 
        Fleet Management System the Administrator of General Services 
        operates, a qualified private fleet management firm, or any 
        other method which is less costly to the Federal Government.

  (b) Compliance with Requirements.--The head of each executive agency 
shall comply with the requirements prescribed under section 17503(b) of 
this title in preparing each statement required under subsection (a).

Sec. 17505. Presidential report

  (a) Summary and Analysis of Agency Statements.--The President shall 
include with the budget transmitted under section 1105 of title 31 for 
each fiscal year, or in a separate written report to Congress for that 
fiscal year, a summary and analysis of the statements most recently 
submitted by the heads of executive agencies pursuant to section 
17504(a) of this title.
  (b) Contents of Summary and Analysis.--Each summary and analysis shall 
include a review, for the fiscal year preceding the

[[Page 116 STAT. 1285]]

fiscal year in which the budget is submitted, the current fiscal year, 
and the fiscal year for which the budget is submitted, of the cost 
savings that have been achieved, that are estimated will be achieved, 
and that could be achieved, in the acquisition, maintenance, leasing, 
operation, and disposal of motor vehicles by executive agencies 
through--
          (1) the use of a qualified private fleet management firm or 
        another private contractor;
          (2) increased reliance by executive agencies on the 
        Interagency Fleet Management System the Administrator of General 
        Services operates; or
          (3) other existing motor vehicle management systems.

Sec. 17506. Reduction of storage and disposal costs

  The Administrator of General Services shall take such actions as may 
be necessary to reduce motor vehicle storage and disposal costs and to 
improve the rate of return on motor vehicle sales through a program of 
vehicle reconditioning prior to sale.

Sec. 17507. Savings

  (a) Actions by President Required.--The President shall establish, for 
each executive agency, goals to reduce outlays for the operation, 
maintenance, leasing, acquisition, and disposal of motor vehicles in 
order to reduce, by fiscal year 1988, the total amount of outlays by all 
executive agencies for the operation, maintenance, leasing, acquisition, 
and disposal of motor vehicles to an amount which is $150,000,000 less 
than the amount for the operation, maintenance, leasing, acquisition, 
and disposal of motor vehicles requested by the President in the budget 
submitted under section 1105 of title 31 for fiscal year 1986.
  (b) Monitoring of Compliance.--The Director of the Office of 
Management and Budget shall monitor compliance by executive agencies 
with the goals established by the President under subsection (a) and 
shall include, in each summary and analysis required under section 17505 
of this title, a statement specifying the reductions in expenditures by 
executive agencies, including the Department of Defense, achieved under 
those goals.

Sec. 17508. Compliance

  (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.

Sec. 17509. Applicability

  (a) Priority in Reducing Headquarters Use.--The heads of executive 
agencies shall give first priority to meeting the goals established by 
the President under section 17507(a) of this title by reducing the costs 
of administrative motor vehicles used at the headquarters and regional 
headquarters of executive agencies, rather than by reducing the costs of 
motor vehicles used by line agency personnel working in agency field 
operations or activities.

[[Page 116 STAT. 1286]]

  (b) Regulations, Standards, and Definitions.--The President shall 
require the Administrator of General Services, in cooperation with the 
Director of the Office of Management and Budget, to prescribe 
appropriate regulations, standards, and definitions to ensure that 
executive agencies meet the goals established under section 17507(a) of 
this title in the manner prescribed by subsection (a).

Sec. 17510. Cooperation

  The Director of the Office of Management and Budget and the 
Administrator of General Services shall cooperate closely in the 
implementation of this chapter.

               CHAPTER 177--ALASKA COMMUNICATIONS DISPOSAL

Sec.
17701.  Definitions.
17702.  Transfer of Government-owned long-lines communication facilities 
           in and to Alaska.
17703.  National defense considerations and qualification of transferee.
17704.  Contents of agreements for transfer.
17705.  Approval of Federal Communications Commission.
17706.  Gross proceeds as miscellaneous receipts in the Treasury.
17707.  Reports.
17708.  Nonapplication.

Sec. 17701. Definitions

  In this chapter, the following definitions apply:
          (1) Agency concerned.--The term ``agency concerned'' means a 
        department, agency, wholly owned corporation, or instrumentality 
        of the Federal Government.
          (2) Long-lines communication facilities.--The term ``long-
        lines communication facilities'' means the transmission systems 
        connecting points inside the State with each other and with 
        points outside the State by radio or wire, and includes all 
        kinds of property and rights of way necessary to accomplish this 
        interconnection.
          (3) Transfer.--The term ``transfer'' means the conveyance by 
        the Government of any element of ownership, including any estate 
        or interest in property, and franchise rights, by sale, 
        exchange, lease, easement, or permit, for cash, credit, or other 
        property with or without warranty.

Sec. 17702. Transfer of Government-owned long-lines communication 
                        facilities in and to Alaska

  (a) In General.--
          (1) Authority of the secretary of defense.--
                  (A) Requirements prior to transfer.--Subject to 
                section 17703 of this title and with the advice, 
                assistance, and, in the case of an agency not under the 
                jurisdiction of the Secretary of Defense, the consent of 
                the agency concerned, and after approval of the 
                President, the Secretary of Defense shall transfer for 
                adequate consideration any or all long-lines 
                communication facilities in or to Alaska under the 
                jurisdiction of the Federal Government to any person 
                qualifying under section 17703.
                  (B) Authority to carry out chapter.--The Secretary of 
                Defense may take action and exercise powers as may be 
                necessary or appropriate to carry out the purposes of 
                this chapter.

[[Page 116 STAT. 1287]]

          (2) Consent of secretary concerned.--An interest in public 
        lands, withdrawn or otherwise appropriated, shall not be 
        transferred under this chapter without the prior consent of the 
        Secretary of the Interior, or, with respect to lands in a 
        national forest, of the Secretary of Agriculture.
          (3) Procedures and methods.--The Secretary of Defense shall 
        carry out a transfer under this chapter in accordance with the 
        procedures and methods required of the Administrator of General 
        Services by section 545(a) and (b) of this title.

  (b) Documents of Title or Other Property Interests.--The head of the 
agency concerned (or a designee of the head) shall execute documents for 
the transfer of title or other interest in property, except any mineral 
rights in the property, and take other action that the Secretary of 
Defense decides is necessary or proper to transfer the property under 
this chapter. A copy of a deed, lease, or other instrument executed by 
or on behalf of the head of the agency concerned purporting to transfer 
title or another interest in public land shall be provided to the 
Secretary of the Interior.
  (c) Solicitation of Offers To Purchase Certain Facilities.--In 
connection with soliciting offers to purchase long-lines facilities of 
the Alaska Communication System, the Secretary of Defense shall--
          (1) provide any prospective purchaser who requests it data 
        on--
                  (A) the facilities available for purchase;
                  (B) the amounts considered to be the current fair and 
                reasonable value of those facilities; and
                  (C) the initial rates that will be charged to the 
                purchaser for capacity in facilities retained by the 
                Government and available for commercial use;
          (2) provide in the request for offers to purchase that 
        offerors must specify the rates the offerors propose to charge 
        for service and the improvements in service the offerors propose 
        to initiate;
          (3) provide an opportunity for prospective purchasers to meet 
        as a group with Department of Defense representatives to ensure 
        that the data and public interest requirements described in 
        clauses (1) and (2) are fully understood; and
          (4) seek the advice and assistance of the Federal 
        Communications Commission and the Governor of Alaska (or a 
        designee of the Governor) to ensure consideration of all public 
        interest factors associated with the transfer.

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

Sec. 17703. National defense considerations and qualification of 
                        transferee

  A transfer under this chapter shall not be made unless the Secretary 
of Defense determines that--
          (1) the Federal Government does not need to retain the 
        property involved in the transfer for national defense purposes;
          (2) the transfer is in the public interest;
          (3) the person to whom the transfer is made is prepared and 
        qualified to provide the communication service involved in the 
        transfer without interruption; and
          (4) the long-lines communication facilities will not directly 
        or indirectly be owned, operated, or controlled by a person

[[Page 116 STAT. 1288]]

        that would legally be disqualified from holding a radio station 
        license by section 310(a) of the Communications Act of 1934 (47 
        U.S.C. 310(a)).

Sec. 17704. Contents of agreements for transfer

  An agreement by which a transfer is made under this chapter shall 
provide that--
          (1) subject to regulations of the Federal Communications 
        Commission and of any body or commission established by Alaska 
        to govern and regulate communications services to the public and 
        all applicable statutes, treaties, and conventions, the person 
        to whom the transfer is made shall
provide the communication services involved in the transfer without 
interruption, except those services reserved by the Federal Government 
in the transfer;
          (2) the rates and charges for those services applicable at the 
        time of transfer shall not be changed for a period of one year 
        from the date of the transfer unless approved by a governmental 
        body or commission having jurisdiction; and
          (3) the transfer will not be final until the transferee 
        receives the requisite license and certificate of convenience 
        and necessity to operate interstate and intrastate commercial 
        communications in Alaska from the appropriate governmental 
        regulatory bodies.

Sec. 17705. Approval of Federal Communications Commission

  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.

Sec. 17706. Gross proceeds as miscellaneous receipts in the Treasury

  The gross proceeds of each transfer shall be deposited in the Treasury 
as miscellaneous receipts.

Sec. 17707. Reports

  The Secretary of Defense shall report to the Congress and the 
President--
          (1) in January of each year, the actions taken under this 
        chapter during the preceding 12 months; and
          (2) not later than 90 days after completion of each transfer 
        under this chapter, a full account of that transfer.

Sec. 17708. Nonapplication

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

       CHAPTER 179--ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP

Sec.
17901.  Definitions.
17902.  Sale of electric energy.
17903.  Purchase of electric power.
17904.  Implementation powers and limitations.

Sec. 17901. Definitions

  In this chapter, the following definitions apply:

[[Page 116 STAT. 1289]]

          (1) Federal agency.--The term ``federal agency'' means a 
        department, agency, or instrumentality of the Federal 
        Government.
          (2) Federally generated electric energy.--The term ``federally 
        generated electric energy'' means any electric power generated 
        by an electric generating facility owned and operated by a 
        federal agency.
          (3) Non-federal person.--The term ``non-federal person'' means 
        a corporation, cooperative, municipality, or other non-federal 
        entity that generates electric energy through a facility other 
        than a federally owned electric generating facility.

Sec. 17902. Sale of electric energy

  (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.

Sec. 17903. Purchase of electric power

  For purposes of economy, efficiency, and conserving oil and natural 
gas, the head of a federal agency, when practicable and consistent with 
other laws and requirements applicable to that agency, shall endeavor to 
purchase electric energy from a non-federal person for consumption in 
Alaska by a facility of that agency when (taking into account the 
remaining useful life of any facility available to that agency to 
generate electric energy for that agency and the cost of maintaining the 
facility on a standby basis) the purchase will result in--

[[Page 116 STAT. 1290]]

          (1) a savings to other consumers of electric energy sold by 
        that non-federal person without increasing the cost incurred by 
        any federal agency for electric energy; or
          (2) a cost savings to the federal agency purchasing the 
        electric energy without increasing costs to other consumers of 
        electric energy.

Sec. 17904. Implementation powers and limitations

  (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.

 CHAPTER 181--TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND 
                       SPEECH-IMPAIRED INDIVIDUALS

Sec.
18101.  Definitions.
18102.  Federal telecommunications system.
18103.  Research and development.
18104.  TTY installation by Congress.

Sec. 18101. Definitions

  In this chapter--
          (1) Federal agency.--The term ``federal agency'' has the same 
        meaning given that term in section 102 of this title.
          (2) TTY.--The term ``TTY'' means a text-telephone used in the 
        transmission of coded signals through the nationwide 
        telecommunications system.

Sec. 18102. Federal telecommunications system

  (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.

[[Page 116 STAT. 1291]]

  (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).

Sec. 18103. Research and development

  (a) Support for Research.--The Administrator of General Services, in 
consultation with the Federal Communications Commission, shall seek to 
promote research by federal agencies, state agencies, and private 
entities to reduce the cost and improve the capabilities of 
telecommunications devices and systems that provide accessibility to 
hearing-impaired and speech-impaired individuals.
  (b) Planning To Assimilate Technological Developments.--In planning 
future alterations to and modifications of the federal 
telecommunications system, the Administrator shall take into account--
          (1) modifications that the Administrator determines are 
        necessary to achieve the objectives of section 18102(a) of this 
        title; and
          (2) technological improvements in telecommunications devices 
        and systems that provide accessibility to hearing-impaired and 
        speech-impaired individuals.

Sec. 18104. TTY installation by Congress

  Each House of Congress shall establish a policy under which Members of 
the House of Representatives and the Senate may obtain TTY's for use in 
communicating with hearing-impaired and speech-impaired individuals, and 
for the use of hearing-impaired and speech-impaired employees.

    CHAPTER 183--NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

Sec.
18301.  Findings and purposes.
18302.  Definitions.
18303.  Standards for arbitrators.
18304.  Procedures for enforcement of awards.

Sec. 18301. Findings and purposes

  (a) Findings.--Congress finds that--
          (1) affordable public transportation is essential to the 
        economic vitality of the national capital area and is an 
        essential component of regional efforts to improve air quality 
        to meet environmental requirements and to improve the health of 
        both residents of and visitors to the national capital area as 
        well as to preserve the beauty and dignity of the Nation's 
        capital;
          (2) use of mass transit by both residents of and visitors to 
        the national capital area is substantially affected by the

[[Page 116 STAT. 1292]]

        prices charged for mass transit services, prices that are 
        substantially affected by labor costs, since more than two-
        thirds of operating costs are attributable to labor costs;
          (3) labor costs incurred in providing mass transit in the 
        national capital area have increased at an alarming rate and 
        wages and benefits of operators and mechanics currently are 
        among the highest in the Nation;
          (4) higher operating costs incurred for public transit in the 
        national capital area cannot be offset by increasing costs to 
        patrons, since this often discourages ridership and thus 
        undermines the public interest in promoting the use of public 
        transit;
          (5) spiraling labor costs cannot be offset by the governmental 
        entities that are responsible for subsidy payments for public 
        transit services since local governments generally, and the 
        District of Columbia government in particular, are operating 
        under severe fiscal constraints;
          (6) imposition of mandatory standards applicable to 
        arbitrators resolving arbitration disputes involving interstate 
        compact agencies operating in the national capital area will 
        ensure that wage increases are justified and do not exceed the 
        ability of transit patrons and taxpayers to fund the increase; 
        and
          (7) federal legislation is necessary under section 8 of 
        Article I of the United States Constitution to balance the need 
        to moderate and lower labor costs while maintaining industrial 
        peace.

  (b) Purpose.--The purpose of this chapter is to adopt standards 
governing arbitration that must be applied by arbitrators resolving 
disputes involving interstate compact agencies operating in the national 
capital area in order to lower operating costs for public transportation 
in the Washington metropolitan area.

Sec. 18302. Definitions

  In this chapter, the following definitions apply:
          (1) Arbitration.--The term ``arbitration''--
                  (A) means the arbitration of disputes, regarding the 
                terms and conditions of employment, that is required 
                under an interstate compact governing an interstate 
                compact agency operating in the national capital area; 
                but
                  (B) does not include the interpretation and 
                application of rights arising from an existing 
                collective bargaining agreement.
          (2) Arbitrator.--The term ``arbitrator'' refers to either a 
        single arbitrator, or a board of arbitrators, chosen under 
        applicable procedures.
          (3) Interstate compact agency operating in the national 
        capital area.--The term ``interstate compact agency operating in 
        the national capital area'' means any interstate compact agency 
        that provides public transit services and that was established 
        by an interstate compact to which the District of Columbia is a 
        signatory.

Sec. 18303. Standards for arbitrators

  (a) Definition.--In this section, the term ``public welfare'' 
includes, with respect to arbitration under an interstate compact--
          (1) the financial ability of the individual jurisdictions 
        participating in the compact to pay for the costs of providing 
        public transit services; and

[[Page 116 STAT. 1293]]

          (2) the average per capita tax burden, during the term of the 
        collective bargaining agreement to which the arbitration 
        relates, of the residents of the Washington metropolitan area, 
        and the effect of an arbitration award rendered under that 
        arbitration on the respective income or property tax rates of 
        the jurisdictions that provide subsidy payments to the 
        interstate compact agency established under the compact.

  (b) Factors in Making Arbitration Award.--An arbitrator rendering an 
arbitration award involving the employees of an interstate compact 
agency operating in the national capital area may not make a finding or 
a decision for inclusion in a collective bargaining agreement governing 
conditions of employment without considering the following factors:
          (1) The existing terms and conditions of employment of the 
        employees in the bargaining unit.
          (2) All available financial resources of the interstate 
        compact agency.
          (3) The annual increase or decrease in consumer prices for 
        goods and services as reflected in the most recent consumer 
        price index for the
Washington metropolitan area, published by the Bureau of Labor 
Statistics.
          (4) The wages, benefits, and terms and conditions of the 
        employment of other employees who perform, in other 
        jurisdictions in the Washington standard metropolitan 
        statistical area, services similar to those in the bargaining 
        unit.
          (5) The special nature of the work performed by the employees 
        in the bargaining unit, including any hazards or the relative 
        ease of employment, physical requirements, educational 
        qualifications, job training and skills, shift assignments, and 
        the demands placed upon the employees as compared to other 
        employees of the interstate compact agency.
          (6) The interests and welfare of the employees in the 
        bargaining unit, including--
                  (A) the overall compensation presently received by the 
                employees, having regard not only for wage rates but 
                also for wages for time not worked, including vacations, 
                holidays, and other excused absences;
                  (B) all benefits received by the employees, including 
                previous bonuses, insurance, and pensions; and
                  (C) the continuity and stability of employment.
          (7) The public welfare.

  (c) Ability To Finance Salaries and Benefits Provided in Award.--An 
arbitrator rendering an arbitration award involving the employees of an 
interstate compact agency operating in the national capital area may 
not, with respect to a collective bargaining agreement governing 
conditions of employment, provide for salaries and other benefits that 
exceed the ability of the interstate compact agency, or of any 
governmental jurisdiction that provides subsidy payments or budgetary 
assistance to the interstate compact agency, to obtain the necessary 
financial resources to pay for wage and benefit increases for employees 
of the interstate compact agency.
  (d) Requirements for Final Award.--
          (1) Written award.--In resolving a dispute submitted to 
        arbitration involving the employees of an interstate compact 
        agency operating in the national capital area, the arbitrator 
        shall issue a written award that demonstrates that all the

[[Page 116 STAT. 1294]]

        factors set forth in subsections (b) and (c) have been 
        considered and applied.
          (2) Prerequisites.--An award may grant an increase in pay 
        rates or benefits (including insurance and pension benefits), or 
        reduce hours of work, only if the arbitrator concludes that any 
        costs to the agency do not adversely affect the public welfare.
          (3) Substantial evidence.--The arbitrator's conclusion 
        regarding the public welfare must be supported by substantial 
        evidence.

Sec. 18304. Procedures for enforcement of awards

  (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.

SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHITECT OF THE 
            CAPITOL.

  Chapter 443 of title 10, United States Code, is amended as follows:
          (1) Insert immediately after section 4688 the following new 
        section:

``Sec. 4689. Transfer of material and equipment to the Architect of the 
                        Capitol

  ``The Secretary of the Army is authorized to transfer, without 
payment, to the Architect of the Capitol, such material and equipment, 
not required by the Department of the Army, as the Architect

[[Page 116 STAT. 1295]]

may request for use at the Capitol power plant, the Capitol Building, 
and the Senate and House Office Buildings.''.
          (2) Insert immediately below item 4688 in the analysis of the 
        chapter the following new item:

``4689.  Transfer of material and equipment to the Architect of the 
           Capitol.''.

SEC. 3. CONFORMING CROSS-REFERENCES.

  (a) Title 5.--Title 5, United States Code, is amended as follows:
          (1) In section 7342(e)(1)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) insert ``(41 U.S.C. 251 et seq.)'' after ``of 
                1949''.
          (2) In section 9505(b), strike ``division E of the Clinger-
        Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)'' and 
        substitute ``subtitle III of title 40''.
          (3) In section 9508(a)(2)(A), strike ``division E of the 
        Clinger-Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)'' 
        and substitute ``subtitle III of title 40''.

  (b) Title 10.--Title 10, United States Code, is amended as follows:
          (1) In section 2223--
                  (A) in subsection (a), strike ``section 5125 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1425)'' and 
                substitute ``section 11315 of title 40'';
                  (B) in subsection (b), strike ``section 5125 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1425)'' and 
                substitute ``section 11315 of title 40'';
                  (C) in subsection (c)(2), strike ``section 5002 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1401)'' and 
                substitute ``section 11101 of title 40''; and
                  (D) in subsection (c)(3), strike ``section 5142 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1452)'' and 
                substitute ``section 11103 of title 40''.
          (2) In section 2302(2)(A), strike ``title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.)'' and substitute ``chapter 11 of title 40''.
          (3) In section 2304(h)--
                  (A) before clause (1), strike ``laws''; and
                  (B) strike clause (2) and substitute ``(2) Sections 
                3141-3144, 3146, and 3147 of title 40.''.
          (4) In section 2305a(a), strike ``the Brooks Architect-
        Engineers Act (40 U.S.C. 541 et seq.)'' and substitute ``chapter 
        11 of title 40''.
          (5) In section 2315(a), strike ``division E of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' and substitute 
        ``subtitle III of title 40''.
          (6) In section 2381(c)--
                  (A) strike ``section 205 of the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 486)'' 
                and substitute ``section 121 of title 40''; and
                  (B) strike ``section 201(a) of that Act (40 U.S.C. 
                481(a))'' and substitute ``section 501(a)(2) of title 
                40''.
          (7) In section 2535(b)(1)(G), strike ``title II of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 481 
        et seq.)'' and substitute ``chapter 5 of title 40''.
          (8) In subsection 2562(a)(1)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and

[[Page 116 STAT. 1296]]

                  (B) strike ``(40 U.S.C. 472 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (9) In section 2572(d)(1), strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (10) In section 2576(a)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (11) In section 2577(a)(2), strike ``section 203 of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 484)'' and substitute ``sections 541-555 of title 40''.
          (12) In section 2667--
                  (A) in subsection (a)(2), strike ``section 3 of the 
                Federal Property and Administrative Services Act of 1949 
                (40 U.S.C. 472)'' and substitute ``section 102 of title 
                40'';
                  (B) in subsection (b)(5), strike ``section 321 of the 
                Act of June 30, 1932 (40 U.S.C. 303b)'' and substitute 
                ``section 1302 of title 40''; and
                  (C) in subsection (f)(1)--
                        (i) insert ``subtitle I of title 40 and title 
                      III of'' before ``the Federal''; and
                        (ii) strike ``such Act is'' and substitute 
                      ``subtitle I and title III are''.
          (13) In section 2667a(a)(3), strike ``section 3 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        472)'' and substitute ``section 102 of title 40''.
          (14) In section 2676(a)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``41 U.S.C. 251 et seq.)''.
          (15) In section 2691(b)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (16) In section 2696--
                  (A) in subsection (a)--
                        (i) insert ``subtitle I of title 40 and title 
                      III of'' before ``the Federal''; and
                        (ii) strike ``(40 U.S.C. 471 et seq.)'' and 
                      substitute ``(41 U.S.C. 251 et seq.)''; and
                  (B) strike subsection (e)(5) and substitute--
          ``(5) Chapter 5 of title 40.''.
          (17) In section 2701(i)(1)--
                  (A) strike ``the Miller Act (40 U.S.C. 270a et seq.)'' 
                and substitute ``sections 3131 and 3133 of title 40'';
                  (B) strike ``the Act of April 29, 1941 (40 U.S.C. 
                270e-270f)'' and substitute ``section 3134 of title 
                40''; and
                  (C) strike ``the Miller Act'' and substitute 
                ``sections 3131 and 3133''.
          (18) In section 2814(j)(3), strike ``Sections 202 and 203 of 
        the Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 483, 484)'' and substitute ``Subchapter II of chapter 5 
        and sections 541-555 of title 40''.

[[Page 116 STAT. 1297]]

          (19) In section 2831(b)(3), strike ``section 204(b) of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 485(b))'' and substitute ``section 572(a) of title 40''.
          (20) In section 2852(b)(1), strike ``section 355 of the 
        Revised Statutes (40 U.S.C. 255)'' and substitute ``section 3111 
        of title 40''.
          (21) In section 2854a(d)(1)--
                  (A) strike ``The'' and substitute ``Subtitle I of 
                title 40 and title III of the''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (22) In subsection 2855(a), strike ``title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.)'' and substitute ``chapter 11 of title 40''.
          (23) In section 2878(d)--
                  (A) in clause (2)--
                        (i) strike ``The'' and substitute ``Subtitle I 
                      of title 40 and title III of the''; and
                        (ii) strike ``(40 U.S.C. 471 et seq.)'' and 
                      substitute ``(41 U.S.C. 251 et seq.)''; and
                  (B) strike clause (3) and substitute--
          ``(3) Section 1302 of title 40.''.
          (24) In section 4681, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (25) In section 4682, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (26) In section 4684, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (27) In section 4686, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (28) In section 7305(d)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal'';
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''; and
                  (C) strike ``that Act'' and substitute ``subtitle I of 
                title 40 and title III''.
          (29) In section 7306(a), strike ``subsections (c) and (d) of 
        section 602 of the Federal Property and Administrative Services 
        Act of 1949 (40 U.S.C. 474)'' and substitute ``section 113 of 
        title 40''.
          (30) In section 7422(c)(1), strike ``the Act of February 26, 
        1931 (40 U.S.C. 258a-258e)'' and substitute ``sections 3114-3116 
        and 3118 of title 40''.
          (31) In section 7541, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (32) In section 7541a, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (33) In section 7542(a), strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.

[[Page 116 STAT. 1298]]

          (34) In section 7545(a), strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (35) In section 9444(b)(1)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (36) In section 9681, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (37) In section 9682, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (38) In section 9684, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (39) In section 9686, strike ``section 205 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        486)'' and substitute ``section 121 of title 40''.
          (40) In section 9781--
                  (A) in subsection (b)(2)(D), strike ``title II of the 
                Federal Property and Administrative Services Act of 1949 
                (40 U.S.C. 481 et seq.)'' and substitute ``chapter 5 of 
                title 40'';
                  (B) in subsection (d), strike ``title II of the 
                Federal Property and Administrative Services Act of 1949 
                (40 U.S.C. 481 et seq.)'' and substitute ``chapter 5 of 
                title 40''; and
                  (C) in subsection (g)--
                        (i) insert ``subtitle I of title 40 and subtitle 
                      III of'' before ``the Federal''; and
                        (ii) add at the end of the subsection ``(41 
                      U.S.C. 251 et seq.)''.
          (41) In section 12603(d), strike ``section 201(a) of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 481(a))'' and substitute ``section 501 of title 40''.
          (42) In section 18239(b)(1), strike ``section 355 of the 
        Revised Statutes (40 U.S.C. 255)'' and substitute ``section 3111 
        of title 40''.

  (c) Title 14.--Title 14, United States Code, is amended as follows:
          (1) In section 92--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (2) In section 93(h)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (3) In section 641--
                  (A) in subsection (a)--
                        (i) insert ``subtitle I of title 40 and title 
                      III of'' before ``the Federal''; and
                        (ii) strike ``(40 U.S.C. 471 et seq.)'' and 
                      substitute ``(41 U.S.C. 251 et seq.)''; and

[[Page 116 STAT. 1299]]

                  (B) in subsection (c)(2), strike ``section 203 of the 
                Federal Property and Administrative Services Act of 1949 
                (40 U.S.C. 484)'' and substitute ``sections 541-555 of 
                title 40''.
          (4) In section 685(c)--
                  (A) in clause (1), strike--
                        (i) ``The'' and substitute ``Subtitle I of title 
                      40 and title III of the''; and
                        (ii) ``(40 U.S.C. 471 et seq.)'' and substitute 
                      ``(41 U.S.C. 251 et seq.)''; and
                  (B) strike clause (2) and substitute--
          ``(2) Section 1302 of title 40.''.

  (d) Title 18.--Section 3668(c) of title 18, United States Code, is 
amended by striking ``sections 304f-304m of Title 40'' and substituting 
``section 1306 of title 40''.
  (e) Title 23.--Title 23, United States Code, is amended as follows:
          (1) In section 112(b)(2)(A), strike ``title IX of the Federal 
        Property and Administrative Services Act of 1949'' and 
        substitute ``chapter 11 of title 40''.
          (2) In section 113(a), strike ``the Act of March 3, 1931, 
        known as the Davis-Bacon Act (40 U.S.C. 276a)'' and substitute 
        ``sections 3141-3144, 3146, and 3147 of title 40''.

  (f) The Internal Revenue Code of 1986.--Section 7608(c)(1)(A)(i)(IV) 
of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)(A)(i)(IV)) is 
amended by striking ``section 34 of title 40, United States Code'' and 
substituting ``section 8141 of title 40''.
  (g) Title 28.--Title 28, United States Code, is amended as follows:
          (1) In section 604(g)(3)(B), strike ``section 203 of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 484)'' and substitute ``sections 541-555 of title 40''.
          (2) In section 612(f), strike ``section 201 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        481)'' and substitute ``sections 501-505 of title 40''.
          (3) In section 1499, strike ``section 104 of the Contract Work 
        Hours and Safety Standards Act'' and substitute ``section 3703 
        of title 40''.

  (h) Title 31.--Title 31, United States Code, is amended as follows:
          (1) In section 781(a), strike ``section 7 of the Public 
        Buildings Act of 1959, as amended (40 U.S.C. 606)'' and 
        substitute ``section 3307 of title 40''.
          (2) In section 782, strike ``(as defined in section 105 of the 
        Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))'' 
        and substitute ``(as defined in section 3306(a) of title 40)''.
          (3) In section 1105(g)(2)(B)(ii), strike ``section 901 of the 
        Brooks Architect-Engineers Act (40 U.S.C. 541)'' and substitute 
        section ``1102 of title 40''.
          (4) In section 3126--
                  (A) in subsection (a), strike ``section 2 of the 
                Government Losses in Shipment Act (40 U.S.C. 722)'' and 
                substitute ``section 17303(a) of title 40''; and
                  (B) in subsection (b), strike ``Section 3 of the 
                Government Losses in Shipment Act (40 U.S.C. 723) 
                (related to finality of decisions of the Secretary)'' 
                and substitute ``Section 17304(c) of title 40''.
          (5) In section 3511(c)(1), strike ``section 205(b) of the 
        Federal Property and Administrative Services Act of 1949 (40 
        U.S.C. 486(b))'' and substitute ``section 121(b) of title 40''.

[[Page 116 STAT. 1300]]

          (6) In section 3551(3), strike ``section 3 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        472)'' and substitute ``section 102 of title 40''.
          (7) In section 3905(f)(1), strike ``section 2 of the Act of 
        August 24, 1935 (40 U.S.C. 270b)'' and substitute ``section 
        3133(b) of title 40''.
          (8) In section 6703(d)(5)--
                  (A) strike ``the Act of March 3, 1931 (commonly known 
                as the Davis-Bacon Act); as amended (40 U.S.C. 276a-
                276a-5)'' and substitute ``sections 3141-3144, 3146, and 
                3147 of title 40''; and
                  (B) strike ``section 2 of the Act of June 1, 1934 
                (commonly known as the Copeland Anti-Kickback Act), as 
                amended (40 U.S.C. 276c, 48 Stat. 948)'' and substitute 
                ``section 3145 of title 40''.
          (9) In section 9303--
                  (A) in subsection (d), before clause (1)--
                        (i) strike ``the Act of August 24, 1935 (known 
                      as the Miller Act) (40 U.S.C. 270a-270d)'' and 
                      substitute ``sections 3131 and 3133 of title 40''; 
                      and
                        (ii) strike ``section 3 of the Act (40 U.S.C. 
                      270c)'' and substitute ``section 3133(a) of title 
                      40'';
                  (B) in subsection (d)(1)--
                        (i) strike ``the Act of August 24, 1935 (known 
                      as the Miller Act) (40 U.S.C. 270a-270d)'' and 
                      substitute ``sections 3131 and 3133 of title 40''; 
                      and
                        (ii) strike ``section 2 of the Act (40 U.S.C. 
                      270b)'' and substitute ``section 3133(b) of title 
                      40''; and
                  (C) in subsection (e)(2)(A), strike ``the Act of 
                August 24, 1935 (known as the Miller Act) (40 U.S.C. 
                270a-270d)'' and substitute ``sections 3131 and 3133 of 
                title 40''.

  (i) Title 36.--Title 36, United States Code, is amended as follows:
          (1) In section 2103(a)(1), strike ``section 355 of the Revised 
        Statutes (40 U.S.C. 255)'' and substitute ``section 3111 of 
        title 40''.
          (2) In section 220314(b), strike ``section 451 of the 
        Legislative Reorganization Act of 1970 (40 U.S.C. 193m-1)'' and 
        substitute ``section 5108 of title 40''.

  (j) Title 38.--Title 38, United States Code, is amended as follows:
          (1) In section 115(1), strike ``section 355 of the Revised 
        Statutes (40 U.S.C. 255)'' and substitute ``section 3111 of 
        title 40''.
          (2) In section 310(b), strike ``division E of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' and substitute 
        ``subtitle III of title 40''.
          (3) In section 8122(a)(1), strike ``section 321 of the Act of 
        June 30, 1932 (40 U.S.C. 303b)'' and substitute ``section 1302 
        of title 40''.
          (4) In section 8135(a)(8), strike ``the Act of March 3, 1931 
        (40 U.S.C. 276a--276a-5) (known as the Davis-Bacon Act)'' and 
        substitute ``sections 3141-3144, 3146, and 3147 of title 40''.
          (5) In section 8162(a)--
                  (A) in paragraph (1), strike ``section 321 of the Act 
                of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203 
                of the Federal Property and Administrative Services Act 
                of 1949 (40 U.S.C. 483, 484)'' and substitute 
                ``subchapter

[[Page 116 STAT. 1301]]

                II of chapter 5 of title 40, sections 541-555 and 1302 
                of title 40''; and
                  (B) in paragraph (3), strike ``the Act of March 3, 
                1931 (40 U.S.C. 276a et seq.)'' and substitute 
                ``sections 3141-3144, 3146, and 3147 of title 40''.
          (6) In section 8165(c), strike ``section 204 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 485) 
        or the Act of June 8, 1896 (40 U.S.C. 485a)'' and substitute 
        ``subchapter IV of chapter 5 of title 40''.
          (7) In section 8201(e), strike ``section 321 of the Act of 
        June 30, 1932 (40 U.S.C. 303b)'' and substitute ``section 1302 
        of title 40''.

  (k) Title 39.--Section 410(b)(4) of title 39, United States Code, is 
amended to read as follows:
          ``(4) the following provisions of title 40:
                  ``(A) sections 3114-3116, 3118, 3131, 3133, and 3141-
                3147; and
                  ``(B) chapters 37 and 173;''.

  (l) Title 44.--Title 44, United States Code, is amended as follows:
          (1) In section 311(a), strike ``the Federal Property and 
        Administrative Services Act, approved June 30, 1949, as 
        amended,'' and substitute ``subtitle I of title 40 and title III 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 251 et seq.)''.
          (2) In section 2901(13), strike ``section 3(a) of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        472(a))'' and substitute ``section 102 of title 40''.
          (3) In section 3501(8)(B), strike ``the Computer Security Act 
        of 1987 (Public Law 100-235)'' and substitute ``section 11332 of 
        title 40''.
          (4) In section 3502(9)--
                  (A) strike ``section 5002 of the Clinger-Cohen Act of 
                1996 (40 U.S.C. 1401)'' and substitute ``section 11101 
                of title 40''; and
                  (B) strike ``section 5142 of that Act (40 U.S.C. 
                1452)'' and substitute ``section 11103 of title 40''.
          (5) In section 3504--
                  (A) in subsection (g)(2), strike ``section 5131 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 
                5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 
                759 note)'' and substitute ``sections 11331 and 11332(b) 
                and (c) of title 40'';
                  (B) in subsection (g)(3), strike ``section 5131 of the 
                Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 
                5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 
                759 note)'' and substitute ``sections 11331 and 11332(b) 
                and (c) of title 40'';
                  (C) in subsection (h)(1)(B), strike ``section 5131 of 
                the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)'' and 
                substitute ``section 11331 of title 40''; and
                  (D) in subsection (h)(2)--
                        (i) strike ``division E of the Clinger-Cohen Act 
                      of 1996 (40 U.S.C. 1401 et seq.)'' and substitute 
                      ``subtitle III of title 40''; and
                        (ii) strike ``section 110 of the Federal 
                      Property and Administrative Services Act of 1949 
                      (40 U.S.C. 757)'' and substitute ``section 322 of 
                      title 40''.

[[Page 116 STAT. 1302]]

          (6) In section 3506--
                  (A) in subsection (g)(2), strike ``the Computer 
                Security Act of 1987 (40 U.S.C. 759 note)'' and 
                substitute ``section 11332 of title 40''; and
                  (B) in subsection (g)(3), strike ``the Computer 
                Security Act of 1987 (40 U.S.C. 759 note)'' and 
                substitute ``section 11332 of title 40''.
          (7) In section 3518(d), strike ``section 5131 of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Security Act 
        of 1987 (40 U.S.C. 759 note)'' and substitute ``sections 11331 
        and 11332 of title 40''.

  (m) Title 46.--Title 46, United States Code, is amended as follows:
          (1) In section 2101(17), strike ``section 13 of the Coast 
        Guard Authorization Act of 1986'' and substitute ``section 558 
        of title 40''.
          (2) In section 3305(c), strike ``section 13 of the Coast Guard 
        Authorization Act of 1986'' and substitute ``section 558 of 
        title 40''.

  (n) Title 49.--Title 49, United States Code, is amended as follows:
          (1) In section 103(e)--
                  (A) insert ``subtitle I of title 40 and title III of'' 
                before ``the Federal Property''; and
                  (B) strike ``(40 U.S.C. 471 et seq.)'' and substitute 
                ``(41 U.S.C. 251 et seq.)''.
          (2) In section 5325(b), strike ``title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.)'' and substitute ``chapter 11 of title 40''.
          (3) In section 5333(a)--
                  (A) strike ``the Act of March 3, 1931 (known as the 
                Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' and 
                substitute ``sections 3141-3144, 3146, and 3147 of title 
                40''; and
                  (B) strike ``section 2 of the Act of June 13, 1934 (40 
                U.S.C. 276c)'' and substitute ``section 3145 of title 
                40''.
          (4) In section 24312--
                  (A) in subsection (a)--
                        (i) strike ``the Act of March 3, 1931 (known as 
                      the Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' 
                      and substitute ``sections 3141-3144, 3146, and 
                      3147 of title 40''; and
                        (ii) strike ``section 107 of the Contract Work 
                      Hours and Safety Standards Act (40 U.S.C. 333)'' 
                      and substitute ``section 3704 of title 40''; and
                  (B) in subsection (b), strike ``the Act of March 3, 
                1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--
                276a-5)'' and substitute ``sections 3141-3144, 3146, and 
                3147 of title 40''
          (5) In section 40110(c)(2)--
                  (A) in subclause (C), strike ``(as defined in section 
                13 of the Public Buildings Act of 1959 (40 U.S.C. 
                612))'' and substitute ``(as defined in section 3301(a) 
                of title 40)''; and
                  (B) in subclause (F), strike ``title II of the Federal 
                Property and Administrative Services Act of 1949 (40 
                U.S.C. 481 et seq.)'' and substitute ``sections 121, 
                123, and 126 and chapter 5 of title 40''.

[[Page 116 STAT. 1303]]

          (6) In section 44305(a)(1), strike ``sections 1 and 2 of the 
        Government Losses in Shipment Act (40 U.S.C. 721, 722)'' and 
        substitute ``sections 17302 and 17303 of title 40''.
          (7) In section 47107(a)(17), strike ``title IX of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 541 
        et seq.)'' and substitute ``chapter 11 of title 40''.
          (8) In section 47112(b), strike ``the Act of March 3, 1931 
        (known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' and 
        substitute ``sections 3141-3144, 3146, and 3147 of title 40''.
          (9) In section 49111(d)(1), strike ``section 5 of the Act of 
        June 6, 1924 (40 U.S.C. 71d),'' and substitute ``section 8722 of 
        title 40''.

  (o) Veterans' Benefits Programs Improvement Act of 1991.--Section 
403(e) of the Veterans' Benefits Programs Improvement Act of 1991 (Pub. 
L. 102-86, 105 Stat. 424) <<NOTE: 38 USC 2400 note.>>  is amended by 
striking ``section 303b of title 40, sections 483 and 484 of title 40'' 
and substituting ``subchapter II of chapter 5 of title 40, sections 541-
555 and 1302 of title 40''.

SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMINISTRATIVE 
            SERVICES ACT OF 1949.

  Title V of the Federal Property and Administrative Services Act of 
1949 (ch. 288), as added by section 6(d) of the Act of September 5, 1950 
(ch. 849, 64 Stat. 583), <<NOTE: 44 USC note prec. 101.>> is repealed.

SEC. 5. <<NOTE: 40 USC note prec. 101.>> LEGISLATIVE PURPOSE AND 
            CONSTRUCTION.

  (a) Purpose.--The purpose of this Act is to revise, codify, and enact 
without substantive change the general and permanent laws of the United 
States related to public buildings, property, and works, in order to 
remove ambiguities, contradictions, and other imperfections and to 
repeal obsolete, superfluous, and superseded provisions.
  (b) No Substantive Change.--
          (1) In general.--This Act makes no substantive change in 
        existing law and may not be construed as making a substantive 
        change in existing law.
          (2) Deemed date of enactment for certain purposes.--For 
        purposes of determining whether one provision of law supersedes 
        another based on enactment later in time, and otherwise to 
        ensure that this Act makes no substantive change in existing 
        law, the date of enactment of a provision restated in section 1 
        or 2 of this Act is deemed to remain unchanged, continuing to be 
        the date of enactment of the underlying provision of public law 
        that is being restated.
          (3) Inconsistent laws enacted after March 31, 2002.--This Act 
        restates certain laws enacted before April 1, 2002. Any law 
        enacted after March 31, 2002, that is inconsistent with this 
        Act, including any law purporting to amend or repeal a provision 
        that is repealed by this Act, supersedes this Act to the extent 
        of the inconsistency.

  (c) References.--A reference to a law replaced by section 1 or 2 of 
this Act, including a reference in a regulation, order, or other law, is 
deemed to refer to the corresponding provision enacted by this Act.
  (d) Continuing Effect.--An order, rule, or regulation in effect under 
a law replaced by section 1 or 2 of this Act continues in

[[Page 116 STAT. 1304]]

effect under the corresponding provision enacted by this Act until 
repealed, amended, or superseded.
  (e) Actions and Offenses Under Prior Law.--An action taken or an 
offense committed under a law replaced by section 1 or 2 of this Act is 
deemed to have been taken or committed under the corresponding provision 
enacted by this Act.
  (f) Inferences.--An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of a caption or catch line of 
the provision.
  (g) Severability.--If a provision enacted by this Act is held invalid, 
all valid provisions that are severable from the invalid provision 
remain in effect. If a provision enacted by this Act is held invalid in 
any of its applications, the provision remains valid for all valid 
applications that are severable from any of the invalid applications.

SEC. 6. REPEALS.

  (a) <<NOTE: 40 USC note prec. 101.>> Inferences of Repeal.--The repeal 
of a law by this Act may not be construed as a legislative inference 
that the provision was or was not in effect before its repeal.

  (b) <<NOTE: 40 USC note prec. 101.>> Repealer Schedule.--The laws 
specified in the following schedule are repealed, except for rights and 
duties that matured, penalties that were incurred, and proceedings that 
were begun before the date of enactment of this Act:

                                            Schedule of Laws Repealed
                                                Statutes at Large
----------------------------------------------------------------------------------------------------------------
                                                                           Statutes at Large        U.S. Code
                                                                       -------------------------    (title 40
             Date                 Chapter or            Section                                       unless
                                  Public Law                            Volume        Page          otherwise
                                                                                                    specified)
----------------------------------------------------------------------------------------------------------------
 
             1822
May 7                          96..............  3....................       3  692............  307
 
             1874
Feb. 4                         22..............  .....................      18  14.............  28
Mar. 7                         50..............  (proviso)............      18  20.............  29
 
             1876
July 31                        246.............  (proviso (related to       19  115............  27
                                                  report) in 1st par.
                                                  on p. 115).
 
             1877
Mar. 3                         105.............  (proviso (related to       19  359............  27
                                                  report) in 16th par.
                                                  on p. 359).
                               106.............  (words after 2d            19  370............  34
                                                  semicolon in 3d par.
                                                  under heading
                                                  ``Miscellaneous'').
 
             1878
June 20                        359.............  (proviso in 2d par.        20  220............  103
                                                  under heading
                                                  ``Building and
                                                  Grounds in and
                                                  Around Washington
                                                  and the Executive
                                                  Mansion'').
 
             1879
Mar. 3                         182.............  1 (words after             20  388............  30
                                                  semicolon in 5th
                                                  par. on p. 388).
July 1                         62..............  .....................      21  47.............  307
 
             1882
Aug. 5                         389.............  1 (2d sentence in 8th      22  241............  35
                                                  par. on p. 241).
 

[[Page 116 STAT. 1305]]

 
             1883
Jan. 16                        27..............  4....................      22  405............  42
 
             1888
Aug. 1                         728.............  .....................      25  357............  257, 258
 
             1890
Aug. 30                        837.............  3....................      26  412............  120
 
             1892
July 29                        320.............  15...................      27  325............  101
Aug. 1                         352.............  3....................      27  340............  323
 
             1893
Mar. 3                         211.............  3....................      27  715............  286
 
             1895
Mar. 2                         189.............  (words after last          28  959............  190a
                                                  comma in 1st par. on
                                                  p. 959).
 
             1896
June 8                         373.............  .....................      29  268............  485a
 
             1898
July 1                         543.............  5....................      30  570............  79
                               546.............  1 (6th complete par.       30  614............  285
                                                  on p. 614).
July 7                         571.............  (last par. under           30  672............  164
                                                  catchline ``Capitol
                                                  and Grounds'').
 
             1899
Mar. 3                         458.............  2 (2d par.)..........      30  1378...........  89
 
             1900
Apr. 17                        192.............  (words between 1st         31  125............  164
                                                  and 2d semicolons
                                                  (related to absence,
                                                  disability, or
                                                  vacancy) under
                                                  catchline ``Office
                                                  of the Architect of
                                                  the Capitol'').
 
             1901
Mar. 3                         830.............  1 (words between 1st       31  1000...........  164
                                                  and 2d semicolons
                                                  (related to absence,
                                                  disability, or
                                                  vacancy) under
                                                  catchline ``Office
                                                  of the Architect of
                                                  the Capitol'').
 
             1902
Apr. 28                        594.............  1 (6th, last pars. on      32  152............  19, 31
                                                  p. 152).
 
             1903
Feb. 25                        755.............  1 (7th par. on p.          32  865............  484-1
                                                  865).
Mar. 3                         1007............  1 (4th complete par.       32  1112...........  304
                                                  on p. 1112).
 
             1905
Mar. 3                         1483............  1 (words before            33  1161...........  279
                                                  ``namely'' in last
                                                  sentence of 9th par.
                                                  on p. 1161).
 
             1908
May 27                         200.............  1 (7th complete par.       35  327, 356, 358..  43 note, 64,
                                                  on p. 327, 1st                                  283
                                                  complete par. on p.
                                                  356, proviso on p.
                                                  358).
May 30                         228.............  34...................      35  545............  261
 
             1909
Feb. 9                         101.............  (3d par. under             35  615............  43 note
                                                  heading ``War
                                                  Department'').
Mar. 4                         299.............  1 (proviso in 2d par.      35  997............  43
                                                  on p. 997).
 
             1910
May 17                         243.............  .....................      36  371............  104, 106

[[Page 116 STAT. 1306]]

 
June 25                        384.............  1 (8th complete par.       36  728............  105
                                                  on p. 728 (less
                                                  appropriations)).
 
             1912
Aug. 23                        350.............  1 (2d complete par.        37  375............  251
                                                  on p. 375).
Aug. 24                        355.............  1 (last proviso in         37  432, 444.......  68, 280
                                                  last par. on p. 432,
                                                  10th par. on p. 444).
Aug. 26                        408.............  1 (last par. on p.         37  605............  174
                                                  605).
 
             1913
Mar. 3                         106.............  1 ``Sec. 3'', 4......      37  727............  323
Mar. 4                         142.............  1 (words after 4th         37  771............  38.
                                                  comma in last par.
                                                  on p. 771).
June 23                        3...............  1 (proviso on p. 17,       38  17, 22, 25.....  22, 253, 281
                                                  last proviso in 2d
                                                  complete par. on p.
                                                  22, 1st, 3d pars.
                                                  under heading
                                                  ``Central Heating
                                                  and Power Plant'').
 
             1914
Aug. 1                         223.............  1 (last par. on p.         38  633............  82
                                                  633).
 
             1916
May 10                         117.............  1 (last par. under         39  109, 118.......  39, 40
                                                  catchline
                                                  ``Contingent
                                                  Expenses'', last
                                                  par. less proviso
                                                  under catchline
                                                  ``Rent'').
 
             1917
June 12                        27..............  1 (words before 10th       40  112, 133.......  22, 91
                                                  comma in 4th par. on
                                                  p. 112, last par. on
                                                  p. 133).
 
             1918
July 9                         143.............  (last par. on p. 850)      40  850............  314
Aug. 31                        164.............  1 (6th par., words         40  951............  100
                                                  before ``and over''
                                                  in last par. under
                                                  heading ``Washington
                                                  Aqueduct.'').
 
             1919
Feb. 25                        39..............  3....................      40  1173...........  314
Aug. 25                        52..............  .....................      41  281............  271
 
             1920
Feb. 28                        91..............  213..................  ......  ...............  316
Mar. 6                         94..............  (proviso in last par.      41  507............  272
                                                  under heading
                                                  ``Public
                                                  Buildings'').
May 29                         214.............  1 (1st complete par.       41  642, 654.......  42, 285
                                                  on p. 642, words in
                                                  par. under heading
                                                  ``Independent
                                                  Treasury'').
June 5                         235.............  (2d complete par. on       41  913............  113
                                                  p. 913).
                               253.............  1 (1st par. under          41  1035...........  186
                                                  heading
                                                  ``Legislative'').
 
             1921
Mar. 3                         123.............  .....................      41  1251...........  307
 
             1922
Feb. 17                        55..............  (last proviso in 2d        42  369, 387, 388..  25, 284, 312,
                                                  par. and 3d par.                                313
                                                  under heading
                                                  ``General Supply
                                                  Committee'', last
                                                  proviso in 1st
                                                  complete par. on p.
                                                  387, 1st proviso on
                                                  p. 388).
Mar. 20                        103.............  (last par. (related        42  430............  26
                                                  to inspection) on p.
                                                  430).
 
             1923
Jan. 3                         22..............  (last proviso in 2d        42  1090, 1108,      25, 284, 312,
                                                  par. and 3d par.               1109.            313
                                                  under heading
                                                  ``General Supply
                                                  Committee'', last
                                                  proviso in 2d par.
                                                  on p. 1108, 1st
                                                  proviso on p. 1109).

[[Page 116 STAT. 1307]]

 
Jan. 24                        42..............  (proviso in 1st            42  1211...........  115
                                                  complete par. on p.
                                                  1211).
Feb. 20                        98..............  (par. (related to          42  1273...........  26
                                                  inspection) under
                                                  catchline ``Capitol
                                                  Power Plant'').
 
             1924
Apr. 4                         84..............  (proviso in 1st par.       43  67, 82, 83.....  25, 284, 312,
                                                  and 1st complete                                313
                                                  par. on. p. 67, last
                                                  proviso in 2d par.
                                                  under heading
                                                  ``Public Buildings,
                                                  Operating
                                                  Expenses'', 1st
                                                  proviso on p. 83).
June 5                         264.............  (proviso in 2d             43  422............  115
                                                  complete par. on p.
                                                  422).
June 6                         270.............  1-4(a), (d), (e), 5,       43  463............  71-71d, 71f-72,
                                                  7-13.                                           73, 74
June 7                         303.............  1(words between 1st        43  587............  26
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in 9th
                                                  par. under heading
                                                  ``Capitol Buildings
                                                  and Grounds'').
 
             1925
Jan. 22                        87..............  (last proviso in 2d        43  766, 781.......  25, 284, 312,
                                                  par. and 3d par.                                313
                                                  under heading
                                                  ``General Supply
                                                  Committee'', last
                                                  proviso in complete
                                                  par. and 1st proviso
                                                  in last par. on p.
                                                  781)).
Feb. 26                        339.............  .....................      43  983............  2-6
Mar. 3                         462.............  (proviso in 1st par.       43  1176...........  115
                                                  on p. 1176).
Mar. 4                         549.............  1 (words between 1st       43  1296...........  26
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. on p. 1296).
                               556.............  1 (1st par. under          43  1323...........  91
                                                  heading ``Public
                                                  Buildings and
                                                  Grounds'').
 
             1926
Mar. 2                         43..............  1 (proviso in 1st          44  139, 153, 154..  25, 284, 312,
                                                  par. and 1st                                    313
                                                  complete par. on p.
                                                  139, last proviso in
                                                  2d par. under
                                                  heading ``Public
                                                  Buildings, Operating
                                                  Expenses'', 1st
                                                  proviso on p. 154).
Mar. 3                         44..............  1 (last par. under         44  173............  117
                                                  heading ``Department
                                                  of the Interior,
                                                  Contingent
                                                  Expenses'').
Apr. 29                        195.............  (proviso in 3d             44  368............  115
                                                  complete par. on p.
                                                  368).
Apr. 30                        198.............  .....................      44  374............  71
May 13                         294.............  1 (words between 1st       44  547............  26, 222
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. and 4th
                                                  complete par. on p.
                                                  547).
May 25                         380.............  3, 5 (related to           44  632, 633, 635..  343, 345a
                                                  ``amendment'' by Act
                                                  of Feb. 16, 1931
                                                  (ch. 203, 46 Stat.
                                                  1164)), 8.
 
             1927
Jan. 26                        58..............  1 (last proviso in         44  1030, 1044,      25, 284, 312,
                                                  1st par. and 1st               1045.            313
                                                  complete par. on p.
                                                  1030, last proviso
                                                  in 2d par. under
                                                  heading ``Public
                                                  Buildings, Operating
                                                  Expenses'', 1st
                                                  proviso on p. 1045).
Feb. 23                        168.............  1 (words between 1st       44  1156...........  26
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in 5th
                                                  par. on p. 1156).
Feb. 24                        189.............  (provisos in 3d par.       44  1219...........  115, 115a
                                                  on p. 1219).
 
             1928
Feb. 15                        57..............  (provisos in 3d            45  103............  115, 115a
                                                  complete par. on p.
                                                  103).

[[Page 116 STAT. 1308]]

 
Mar. 5                         126.............  1 (last proviso in         45  165, 185, 186..  25, 112a, 284,
                                                  1st par. and 1st                                312, 313
                                                  complete par. on p.
                                                  165, last proviso in
                                                  2d par. under
                                                  heading ``Public
                                                  Buildings, Operating
                                                  Expenses'', provisos
                                                  and last sentence in
                                                  1st par. on p. 186).
May 14                         551.............  1 (words between 1st       45  526............  26
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in last
                                                  par. on p. 526).
May 24                         726.............  .....................      45  726............  71
May 29                         901.............  1(8), (85)...........      45  986, 992.......  174, 314
Dec. 20                        39..............  1 (1st par. on p.          45  1031, 1048.....  25, 30a, 284,
                                                  1031, 2d proviso and                            313
                                                  provisos in 1st
                                                  complete par. on p.
                                                  1048).
Dec. 22                        48..............  .....................      45  1070...........  72a, 72b
 
             1929
Jan. 25                        102.............  (provisos in 4th par.      45  1133...........  115, 155a
                                                  on p. 1133).
Feb. 28                        367.............  1 (words between 1st       45  1396...........  26
                                                  and 2d semicolons
                                                  (related to
                                                  inspection) in 8th
                                                  par. on p. 1396).
Mar. 1                         423.............  .....................      45  1425...........  271
June 20                        33..............  6 (words after 1st         46  39.............  161a
                                                  comma).
 
             1930
Apr. 18                        184.............  (provisos in 2d            46  212............  115, 115a
                                                  complete par. on p.
                                                  212).
May 15                         289.............  1 (5th par. under          46  337, 358.......  25, 30a, 284,
                                                  heading ``Division                              313
                                                  of Supply'', 1st
                                                  proviso and provisos
                                                  in 1st complete par.
                                                  on p. 358).
May 16                         291.............  .....................      46  366............  121, 121 note
June 6                         407.............  1 (words between 5th       46  513, 514.......  26, 174a
                                                  and 6th semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. under heading
                                                  ``Capitol Buildings
                                                  and Grounds'', 1st
                                                  complete par. on p.
                                                  514 (related to care
                                                  and operation of
                                                  Senate Office
                                                  Building)).
June 28                        710.............  .....................      46  828............  255
 
             1931
Feb. 16                        203.............  1....................      46  1164...........  345a
Feb. 20                        234.............  1 (words between 5th       46  1183, 1184.....  26, 174a
                                                  and 6th semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. under heading
                                                  ``Capitol Buildings
                                                  and Grounds'', 1st
                                                  complete par. on p.
                                                  1184 (related to
                                                  care and operation
                                                  of Senate Office
                                                  Building)).
Feb. 23                        277.............  1 (3d par. on p.           46  1219, 1234,      25, 30a, 284,
                                                  1219, last proviso             1235.            313
                                                  in complete par. and
                                                  proviso in last par.
                                                  on p. 1234, proviso
                                                  in 1st par. on p.
                                                  1235).
                               280.............  1 (provisos in 3d          46  1349...........  115, 115a
                                                  par. on p. 1349).
Feb. 26                        307.............  .....................      46  1421...........  258a--258e-1
Mar. 3                         411.............  .....................      46  1494...........  276a--276a-6
 
             1932
May 20                         197.............  .....................      47  161............  122, 123
May 21                         200.............  .....................      47  163............  124-126

[[Page 116 STAT. 1309]]

 
June 30                        314.............  1 (words between 5th       47  391, 392, 412..  26, 174a, 267a,
                                                  and 6th semicolons                              303b
                                                  (related to
                                                  inspection) in 1st
                                                  par. under heading
                                                  ``Capitol Buildings
                                                  and Grounds'', 1st
                                                  par. on p. 392
                                                  (related to care and
                                                  operation of Senate
                                                  Office Building)),
                                                  320, 321.
July 1                         361.............  1 (2d, last provisos       47  517............  115, 115a
                                                  in 1st par. on p.
                                                  517).
July 5                         430.............  1 (1st complete par.       47  582, 596.......  25, 30a, 284,
                                                  on p. 582, last                                 313
                                                  proviso in 1st
                                                  complete par. and
                                                  provisos in last
                                                  par. on p. 596).
 
             1933
Feb. 11                        48..............  1....................      47  799............  124, 125
Feb. 28                        134.............  1 (words between 5th       47  1360...........  26, 174a
                                                  and 6th semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. under heading
                                                  ``Capitol Buildings
                                                  and Grounds'', last
                                                  par. on p. 1360
                                                  (related to care and
                                                  operation of Senate
                                                  Office Building)).
Mar. 1                         144.............  1 (provisos in 4th         47  1406...........  115, 115a
                                                  par. on p. 1406).
Mar. 3                         212.............  (2d par. under             47  1491, 1505,      25, 30a, 284,
                                                  heading ``General              1506.            313
                                                  Supply Committee'',
                                                  last proviso in
                                                  complete par. and
                                                  last proviso on p.
                                                  1505, proviso in 1st
                                                  par. on p. 1506).
June 16                        90..............  202-210, 220, 303,         48  201, 210, 211..  402-411, 413,
                                                  304.                                            414
                               101.............  7....................      48  305............  315
 
             1934
Jan. 24                        4...............  34...................      48  336............  191
Feb. 15                        13..............  1 (words before 1st        48  351............  411a
                                                  proviso (related to
                                                  continuation of
                                                  Civil-Works
                                                  program)).
Mar. 15                        70..............  1 (1st complete par.       48  438, 441, 442,   25, 30a, 284,
                                                  on p. 438, last                449.             313
                                                  proviso in 2d par.
                                                  under heading
                                                  ``Public Buildings,
                                                  Operating
                                                  Expenses'', provisos
                                                  in 1st par. on p.
                                                  442, last proviso in
                                                  4th par. under
                                                  heading ``Public
                                                  Buildings,
                                                  Maintenance and
                                                  Operation'').
May 7                          222.............  1-3..................      48  668............  13a-13c
May 30                         372.............  1 (words between 5th       48  827............  26, 174a
                                                  and 6th semicolons
                                                  (related to
                                                  inspection) in 1st
                                                  par. and 5th
                                                  complete par. on p.
                                                  827 (related to care
                                                  and operation of
                                                  Senate Office
                                                  Building)).
June 13                        482.............  2....................      48  948............  276c
June 19                        648.............  (last par. on p.           48  1044...........  22a
                                                  1044).
 
             1935
May 14                         110.............  1 (last proviso in 3d      49  233, 234.......  284, 313, 313a
                                                  par. on p. 233, last
                                                  proviso and last
                                                  par. on p. 234).
June 27                        320.............  .....................      49  425............  22b, 22b note,
                                                                                                  22c
July 8                         374.............  (3d complete par. on       49  470............  174a
                                                  p. 470 (related to
                                                  care and operation
                                                  of Senate Office
                                                  Building)).
Aug. 24                        642.............  .....................      49  793............  270, 270a, 270a
                                                                                                  notes, 270b--
                                                                                                  270d-1

[[Page 116 STAT. 1310]]

 
Aug. 26                        684.............  .....................      49  800............  345b, 345c
Aug. 27                        740.............  301-308..............      49  879............  304f-304m
                               744.............  .....................      49  885............  304a-304e
Aug. 30                        825.............  .....................      49  1011...........  276a--276a-6
 
             1936
June 23                        725.............  1 (last proviso in 2d      49  1843, 1844.....  284, 313, 313a
                                                  complete par. on p.
                                                  1843, last proviso
                                                  and last par. on p.
                                                  1844).
June 25                        822.............  .....................      49  1938...........  290
June 29                        860.............  .....................      49  2025...........  421-425
 
             1937
May 14                         180.............  1 (last proviso in 2d      50  153, 154, 163..  284, 313, 313a
                                                  complete par. on p.
                                                  153, last proviso
                                                  and last par. on p.
                                                  154, last proviso in
                                                  1st par. on p. 163).
May 18                         223.............  (last par. on p. 179       50  179............  174a
                                                  (related to care and
                                                  operation of Senate
                                                  Office Building)).
July 8                         444.............  1-7, 10, 11..........      50  479, 484.......  721, 721 notes,
                                                                                                  722-729
 
             1938
Mar. 28                        55..............  1 (last proviso on p.      52  137, 139, 147..  284, 313, 313a
                                                  137, last proviso
                                                  and 1st complete
                                                  par. on p. 139, last
                                                  proviso in 1st
                                                  complete par. on p.
                                                  147).
May 17                         236.............  (1st par. under            52  391............  174a
                                                  catchline ``Senate
                                                  Office Building''
                                                  (related to care and
                                                  operation of Senate
                                                  Office Building)).
June 15                        400.............  .....................      52  693............  311b
June 20                        534.............  16...................      52  802............  None
 
             1939
May 6                          115.............  1 (last proviso in 2d      53  672, 674, 682..  109a, 284, 313,
                                                  complete par. on p.                             313a
                                                  672, 4th and last
                                                  provisos and 1st
                                                  complete par. on p.
                                                  674, last proviso in
                                                  1st complete par. on
                                                  p. 682).
June 3                         176.............  .....................      53  808............  311b
July 15                        281.............  (3d par. under             53  1033...........  60a
                                                  heading ``Department
                                                  of Vehicles and
                                                  Traffic'').
July 31                        400.............  .....................      53  1144...........  121
Aug. 5                         449.............  .....................      53  1211...........  72c, 72c note,
                                                                                                  72d, 72d note,
                                                                                                  72e, 72e note,
                                                                                                  74a, 74a note,
                                                                                                  74b, 74c
Aug. 10                        665.............  1-3..................      53  1358...........  723-725, 729
 
             1940
Feb. 1                         18..............  .....................      54  19.............  255
Mar. 25                        71..............  (6th and last              54  69, 70, 77.....  109a, 284, 313,
                                                  provisos on p. 69,                              313a
                                                  1st par. on p. 70,
                                                  last proviso in 2d
                                                  complete par. on p.
                                                  77).
June 12                        333.............  (3d par. under             54  334............  60a
                                                  heading ``Department
                                                  of Vehicles and
                                                  Traffic'').
June 15                        373.............  .....................      54  399............  276a, 276a note
June 18                        396.............  (last par. under           54  472............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
July 18                        634.............  .....................      54  764............  109, 109a
                               635.............  .....................      54  764............  304a-304d

[[Page 116 STAT. 1311]]

 
Aug. 13                        666.............  .....................      54  788............  316
Sept. 9                        717.............  (3d proviso under          54  873............  269a
                                                  heading ``Military
                                                  Posts'').
Oct. 8                         756.............  (1st proviso on p.         54  968............  269a
                                                  968).
Oct. 9                         793.............  .....................      54  1083...........  255
Oct. 22                        908.............  6....................      54  1208...........  13e
 
             1941
Mar. 23                        26..............  (last proviso in 5th       55  53.............  276a-7
                                                  complete par. on p.
                                                  53).
Apr. 29                        81..............  .....................      55  147............  270e, 270f
May 31                         156.............  1 (6th and last            55  226, 234.......  109a, 284, 313,
                                                  provisos on p. 226,                             313a
                                                  2d par. under
                                                  heading
                                                  ``Procurement
                                                  Division'', last
                                                  proviso in 1st
                                                  complete par. on p.
                                                  234).
June 30                        262.............  (2d proviso under          55  375............  269a
                                                  heading ``Military
                                                  Posts'').
July 1                         268.............  (last par. under           55  457............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
                               271.............  (1st par. on p. 529).      55  529............  60a
Aug. 21                        395.............  (last proviso in 14th      55  664............  276a-7
                                                  par. on p. 664).
Dec. 10                        563.............  .....................      55  796............  291
 
             1942
Feb. 21                        108.............  (words after last          56  109............  313
                                                  comma in 1st par. on
                                                  p. 109).
Mar. 10                        178.............  (5th and 6th provisos      56  161, 169.......  109a, 284, 313,
                                                  and 1st complete                                313a
                                                  par. on p. 161, 2d
                                                  proviso on p. 169).
Apr. 28                        249.............  .....................      56  247............  278b
June 8                         396.............  (last par. under           56  341............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
June 27                        450.............  (1st proviso in 2d         56  407............  277a, 284
                                                  complete par. and
                                                  last par. on p. 407).
                               452.............  (1st complete par. on      56  451............  60a
                                                  p. 451).
Oct. 21                        618.............  .....................      56  797............  258f
 
             1943
June 26                        145.............  101 (proviso in par.       57  176, 177, 178..  7a, 265a, 277a,
                                                  under heading                                   284
                                                  ``Office of the
                                                  Administrator'',
                                                  last proviso on p.
                                                  177, 1st and 2d
                                                  complete pars. on p.
                                                  178).
June 28                        173.............  (1st complete par. on      57  232............  166a
                                                  p. 232).
June 30                        179.............  (5th and 6th provisos      57  262, 269.......  109a, 284, 313,
                                                  and 1st complete                                313a
                                                  par. on p. 262), 201
                                                  (last proviso).
July 1                         184.............  (3d par. under             57  338............  60a
                                                  heading ``Department
                                                  of Vehicles and
                                                  Traffic'').
 
             1944
Apr. 1                         152.............  (words before proviso      58  162............  756 note
                                                  in last par. under
                                                  heading ``Treasury
                                                  Department'').
Apr. 22                        175.............  (7th proviso and 1st       58  206, 214.......  284, 313, 313a
                                                  complete par. on p.
                                                  206, last proviso in
                                                  1st complete par. on
                                                  p. 214).
June 26                        277.............  101 (last par. under       58  346............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
June 27                        286.............  101 (1st proviso on        58  367, 368, 369..  7a, 265a,
                                                  p. 367, 1st proviso                             277a,284
                                                  in 2d complete par.
                                                  and last par. on p.
                                                  368, 1st complete
                                                  par. on p. 369).
June 28                        300.............  (last proviso on p.        58  526............  60a
                                                  526).
 

[[Page 116 STAT. 1312]]

 
             1945
Apr. 24                        92..............  (2d proviso and 1st        59  67, 74.........  284, 313, 313a
                                                  complete par. on p.
                                                  67, last proviso in
                                                  3d par. under
                                                  heading ``Public
                                                  Buildings,
                                                  Maintenance and
                                                  Operation'').
May 3                          106.............  101 (proviso in 1st        59  112, 114.......  7a, 265a, 277a,
                                                  par. under heading                              284, 292, 293
                                                  ``Office of the
                                                  Administrator'',
                                                  proviso in 1st and
                                                  2d complete pars.,
                                                  last complete par.,
                                                  and last par. on p.
                                                  114, 1st and 2d
                                                  complete pars. on p.
                                                  115).
June 13                        189.............  101 (2d par. under         59  251............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
June 30                        209.............  (4th proviso in 1st        59  289............  60a
                                                  complete par. on p.
                                                  289).
 
             1946
Mar. 28                        113.............  101 (proviso in 1st        60  65, 67.........  7a, 265a, 277a,
                                                  par. under heading                              284, 292
                                                  ``Office of the
                                                  Administrator'',
                                                  proviso in 1st and
                                                  2d pars. and 3d-last
                                                  pars. on p. 67).
June 14                        404.............  1-4, 7-9.............      60  257, 258.......  128, 295, 296,
                                                                                                  304b, 304c,
                                                                                                  341 note
July 1                         530.............  101 (2d par. under         60  400............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
July 9                         544.............  (4th proviso in 1st        60  518............  60a
                                                  complete par. on p.
                                                  518).
July 20                        588.............  101 (5th proviso and       60  579, 585.......  284, 313, 313a
                                                  1st complete par. on
                                                  p. 579, last proviso
                                                  in 3d par. under
                                                  heading ``Public
                                                  Buildings,
                                                  Maintenance and
                                                  Operation'').
                               589.............  302..................      60  595............  33a
July 31                        707.............  1-8, 10-13, 15, 16(a)      60  718, 719, 720..  193a-193h, 193h
                                                                                                  note, 193i-
                                                                                                  193m, 194-205,
                                                                                                  213
Aug. 7                         770.............  (55).................      60  870............  314
 
             1947
July 1                         186.............  (last proviso and 1st      61  224, 233.......  284, 313, 313a
                                                  complete par. on p.
                                                  224, last proviso in
                                                  1st complete par. on
                                                  p. 233).
July 17                        262.............  101 (2d par. under         61  369............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
July 25                        324.............  (4th proviso in 1st        61  443............  60a
                                                  par. on p. 443).
                               327.............  2(a) (5th par.)......      61  451............  101 note
July 30                        358.............  302..................      61  583............  33a
                               359.............  101 (proviso in last       61  593, 594.......  277a, 284, 292
                                                  complete par. and
                                                  last par. on p. 593,
                                                  1st and 2d complete
                                                  pars. on p. 594).
Aug. 5                         493.............  2 (1st sentence).....      61  774............  303
 
             1948
Apr. 20                        219.............  101 (proviso in 1st        62  183............  277a, 284, 292
                                                  and 2d complete
                                                  pars., last complete
                                                  par., and last par.
                                                  on p. 183).
May 14                         290.............  .....................      62  235............  129a-130a
June 1                         359.............  .....................      62  281............  318-318d
June 14                        466.............  (5th proviso and 1st       62  415, 416, 421..  284, 313, 313a,
                                                  complete par. on p.                             756 note
                                                  415, 3d complete
                                                  par. on p. 416, last
                                                  proviso on p. 421).

[[Page 116 STAT. 1313]]

 
                               467.............  101 (last par. under       62  430............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
June 19                        555.............  (4th proviso in 1st        62  553............  60a
                                                  complete par. on p.
                                                  553).
June 25                        646.............  6, 27................      62  986, 990.......  13c, 257
June 30                        773.............  302..................      62  1194...........  33a
 
             1949
May 24                         139.............  134..................      63  108............  276c
June 16                        218.............  404, 405, 410-413....      63  199, 200.......  298a, 298a
                                                                                                  note, 298b,
                                                                                                  298d, 356,
                                                                                                  356a
June 22                        235.............  101 (1st complete          63  224............  166a
                                                  par. on p. 224).
June 29                        279.............  (1st proviso on p.         63  319............  60a
                                                  319).
June 30                        286.............   (last proviso in 1st      63  363, 364.......  313-1, 314a,
                                                  par. under heading                              756 note
                                                  ``Bureau of Federal
                                                  Supply'', 2d-last
                                                  sentences in 1st
                                                  complete par. on p.
                                                  364, par. under
                                                  heading ``General
                                                  Supply Fund'').
                               288.............  1-3, 101-103, 106,         63  377, 381, 382,   471, 471 notes,
                                                  107, 109(a)-(c), (e)-          383, 385, 397,   472-476, 481,
                                                  (g), 110, 112, 201,            399, 401, 403.   483, 484, 485,
                                                  202(a)-(e), (g),                                486-490, 491,
                                                  (h), 203-212, 401-                              492, 511-514,
                                                  404, 601, 602(a),                               531, 531 note,
                                                  (c)-(e), 603, 605,                              532-535, 541,
                                                  606, 801-806, 901-                              541 note, 542-
                                                  905.                                            544, 751-755,
                                                                                                  756, 757, 758,
                                                                                                  760
Aug. 18                        479.............  .....................      63  616............  13f-13p
Aug. 24                        506.............  101 (provisos and 3d       63  640, 662.......  33a, 277a, 284,
                                                  and 4th complete                                292
                                                  pars. on p. 640),
                                                  307.
Oct. 13                        685.............  1-5, 7, 8............      63  841, 842.......  451-455, 457,
                                                                                                  458
Oct. 26                        737.............  .....................      63  920............  482
 
             1950
July 18                        467.............  (3d proviso on p.          64  364............  60a
                                                  364).
Sept. 5                        849.............  1-5, 6(a) (related to      64  578, 583, 590,   471 note, 472,
                                                  Sec. Sec.  601,                591.             472 note, 473,
                                                  602(a) and (c)-(e),                             474, 475, 481,
                                                  603, and 605), (b)                              484, 486, 490,
                                                  (related to Sec.                                491, 492, 752,
                                                  Sec.  601, 602(a)                               756, 756 note,
                                                  and (c)-(e), 603,                               758
                                                  and 605), (c), 7(a)-
                                                  (d), (e)(``Sec.
                                                  602(c)''), (f), (g),
                                                  8(a), (b), (c)
                                                  (related to Sec.
                                                  602(e)), 9, 10(b),
                                                  11.
Sept. 6                        896.............  (last par. under           64  602, 706, 708,   33a, 166a,
                                                  heading ``Office of            764.             278c, 313-1,
                                                  the Architect of the                            756 note
                                                  Capitol'', 1st
                                                  complete par. on p.
                                                  706, 1st par. and 2d-
                                                  last sentences in
                                                  last par. on p. 708,
                                                  ``Sec. 1207'').
Sept. 27                       1052............  (par. under heading        64  1056...........  756 note
                                                  ``General Supply
                                                  Fund'').
 
             1951
Aug. 3                         292.............  (3d proviso in 1st         65  167............  60a
                                                  par. on p. 167).
Aug. 31                        376.............  (1st proviso on p.         65  275............  313-2
                                                  275).

[[Page 116 STAT. 1314]]

 
Oct. 11                        485.............  (last par. under           65  396............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
Oct. 24                        559.............  1-9, 11..............      65  634............  193n-193v, 193x
Oct. 31                        654.............  1(73)-(97), 2(1),          65  704, 706, 707,   5a, 7, 8-13,
                                                  (20), (24), 4(8).              709.             14, 15-18, 20,
                                                                                                  21, 27a, 44,
                                                                                                  110-112, 114,
                                                                                                  116, 117, 119,
                                                                                                  266, 269, 273,
                                                                                                  287, 294, 302,
                                                                                                  303a, 304,
                                                                                                  311b, 312, 484-
                                                                                                  1, 485a
Nov. 1                         664.............  1307.................      65  756............  33a
 
             1952
July 5                         576.............  (3d proviso in 1st         66  385, 400.......  60a, 313-2
                                                  complete par. on p.
                                                  385, proviso on p.
                                                  400).
July 9                         598.............  (last par. under           66  472............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
July 10                        630.............  633..................      66  537............  483a
July 12                        703.............  1(a)-(l).............      66  593............  472, 483, 484,
                                                                                                  487, 490, 756,
                                                                                                  41:259
July 15                        758.............  1407.................      66  660............  33a
July 19                        949.............  1 ``Sec. 1-4(a), (d),      66  781, 787, 789..  71, 71 note,
                                                  (e), 5, 7-10'', 2.                              71a-71d, 71f-
                                                                                                  72, 73, 74
 
             1953
July 31                        299.............  (4th proviso in 1st        67  290, 304.......  60a, 313-2
                                                  complete par. on p.
                                                  290, last proviso on
                                                  p. 304).
Aug. 1                         304.............  (last par. under           67  327............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
                               305.............  630..................      67  355............  483a
Aug. 7                         340.............  1307, 1316...........      67  436, 439.......  33a, 483b
Aug. 8                         399.............  .....................      67  521............  484
 
             1954
June 24                        359.............  (last proviso on p.        68  282............  313-2
                                                  282).
June 30                        432.............  723..................      68  355............  483a
July 1                         449.............  (last proviso on p.        68  386............  60a
                                                  386).
July 2                         455.............  (last par. under           68  405............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
July 14                        481.............  .....................      68  474............  484
Aug. 2                         649.............  702(a), (b), (d)-(g),      68  641............  460, 462
                                                  703.
Aug. 26                        935.............  1307.................      68  829............  33a
Aug. 30                        1076............  (20).................      68  967............  122
Aug. 31                        1178............  .....................      68  1051...........  485
Sept. 1                        1211............  1-4..................      68  1126...........  471, 472, 490,
                                                                                                  491, 491 note
 
             1955
May 25                         76..............  .....................      69  66.............  106
June 3                         129.............  .....................      69  83.............  270e
                               130.............  .....................      69  83.............  484, 484 notes
June 29                        226.............  207..................      69  196............  33a
June 30                        244.............  (last proviso on p.        69  205............  313-2
                                                  205).
July 5                         272.............  (3d par. under             69  254............  60a
                                                  heading ``Department
                                                  of Vehicles and
                                                  Traffic'').
July 13                        358.............  622..................      69  319............  483a
Aug. 1                         442.............  .....................      69  430............  484

[[Page 116 STAT. 1315]]

 
Aug. 5                         568.............  (2d par. under             69  515............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
Aug. 11                        783.............  112..................      69  641............  462
Aug. 12                        874.............  1, 2.................      69  721............  472
 
             1956
June 13                        385.............  207..................      70  281............  33a
June 27                        452.............  (2d par. on p. 344,        70  344, 345.......  313-2, 756 note
                                                  3d par. on p. 345).
                               453.............  (2d par. under             70  365............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
June 29                        479.............  (3d par. under             70  447............  60a
                                                  heading ``Department
                                                  of Vehicles and
                                                  Traffic'').
July 2                         488.............  618..................      70  471............  483a
July 3                         513.............  1-3, 5...............      70  493, 495.......  484, 484 note
July 27                        748.............  (par. under heading        70  686............  756 note
                                                  ``General Supply
                                                  Fund'').
Aug. 3                         942.............  .....................      70  1020...........  484
 
             1957
June 5                         85-48...........  207..................      71  54.............  33a
June 29                        85-69...........  (3d complete par. on       71  231, 232.......  313-2, 756 note
                                                  p. 231, 5th complete
                                                  par. on p. 232).
July 1                         85-75...........  (2d par. under             71  251............  166a
                                                  heading ``Office of
                                                  the Architect of the
                                                  Capitol'').
Aug. 2                         85-117..........  618..................      71  326............  483a
 
             1958
Feb. 28                        85-337..........  5....................      72  29.............  472
June 25                        85-468..........  207..................      72  225............  33a
July 2                         85-486..........  .....................      72  288............  484
                               85-493..........  .....................      72  294............  304c, 490
July 18                        85-542..........  .....................      72  399............  298d
July 31                        85-570..........  (last par. under           72  448............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 19                        85-680..........  .....................      72  631............  488
Aug. 22                        85-724..........  617..................      72  727............  483a
Aug. 23                        85-726..........  1406.................      72  808............  474
Aug. 27                        85-781..........  .....................      72  936............  481
Aug. 28                        85-800..........  12...................      72  967............  276c
Aug. 28                        85-844..........  (par. under heading        72  1068, 1069.....  313-2, 756 note
                                                  ``General Supply
                                                  Fund'', last par. on
                                                  p. 1069).
Sept. 2                        85-886..........  1, 3.................      72  1709...........  490
 
             1959
May 20                         86-30...........  (par. under heading        73  43.............  756 note
                                                  ``General Supply
                                                  Fund'').
June 25                        86-70...........  30(a)................      73  148............  472
July 8                         86-79...........  207..................      73  166............  33a
Aug. 4                         86-135..........  .....................      73  279............  270b, 270b
                                                                                                  note, 270c
Aug. 18                        86-166..........  616..................      73  381............  483a
Aug. 21                        86-176..........  (2d par. under             73  407............  166a
                                                  heading
                                                  ``Salaries'').
Sept. 1                        86-215..........  .....................      73  446............  485

[[Page 116 STAT. 1316]]

 
Sept. 9                        86-249..........  1-17(5), (7)-(23), 19-     73  479, 484.......  23, 24, 32, 33,
                                                  21.                                             59, 260, 262-
                                                                                                  265, 267, 268,
                                                                                                  274-276, 277,
                                                                                                  278, 282, 297-
                                                                                                  298, 298c, 341-
                                                                                                  342a, 344,
                                                                                                  345, 346-350a,
                                                                                                  352-354, 490,
                                                                                                  601, 601 note,
                                                                                                  602, 603-612,
                                                                                                  613-615, 617-
                                                                                                  619
Sept. 14                       86-255..........  (4th par. under            73  507............  313-2
                                                  heading ``General
                                                  Provisions'').
Sept. 23                       86-372..........  801..................      73  686............  462
 
             1960
May 13                         86-461..........  .....................      74  128............  106
June 27                        86-527..........  .....................      74  223............  131, 131 note,
                                                                                                  132-135
July 5                         86-591..........  .....................      74  330............  756
July 7                         86-601..........  516..................      74  352............  483a
                               86-608..........  .....................      74  363............  345c
July 12                        86-624..........  26, 27(a)-(c)........      74  418............  276a, 472, 491,
                                                                                                  514
                               86-626..........  101 (3d and 6th            74  434............  313-2, 484a
                                                  complete pars. on p.
                                                  434).
                               86-628..........  (last par. under           74  455............  166a
                                                  heading
                                                  ``Salaries'').
                               86-642..........  207..................      74  478............  33a
Sept. 13                       86-764..........  .....................      74  904............  126
 
             1961
Mar. 31                        87-14...........  (par. under heading        75  25.............  756 note
                                                  ``General Supply
                                                  Fund'').
June 30                        87-70...........  502..................      75  175............  462
July 6                         87-82...........  2....................      75  199............  174j-2
July 20                        87-94...........  .....................      75  213............  484
Aug. 3                         87-125..........  507..................      75  283............  33a
Aug. 10                        87-130..........  (last par. under           75  329............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 17                        87-141..........  (par. under heading        75  351, 353.......  313-2, 756 note
                                                  ``General Supply
                                                  Fund'', 2d par. on
                                                  p. 353).
                               87-144..........  616..................      75  378............  483a
Sept. 22                       87-275..........  .....................      75  574............  318d
Oct. 4                         87-372..........  .....................      75  802............  756
 
             1962
May 24                         87-456..........  303(b)...............      76  78.............  474
June 8                         87-476..........  .....................      76  92.............  607
July 25                        87-545..........  (par. under heading        76  212............  756 note
                                                  ``General Supply
                                                  Fund'').
Aug. 6                         87-571..........  .....................      76  307............  193f, 193h
Aug. 9                         87-577..........  516..................      76  331............  483a
Aug. 13                        87-581..........  1, 2, 101-108, 203,        76  357, 360.......  321, 321 note,
                                                  204.                                            322, 324-327,
                                                                                                  327 notes, 328-
                                                                                                  334
Aug. 24                        87-600..........  .....................      76  401............  756
Aug. 31                        87-619..........  .....................      76  414............  486
Sept. 14                       87-658..........  6....................      76  544............  462
Sept. 25                       87-683..........  .....................      76  575............  71a

[[Page 116 STAT. 1317]]

 
Oct. 2                         87-730..........  (last par. under           76  688............  166a
                                                  heading
                                                  ``Salaries'').
Oct. 3                         87-741..........  (par. under heading        76  725, 727.......  313-2, 756 note
                                                  ``General Supply
                                                  Fund'', last par. on
                                                  p. 727).
Oct. 10                        87-786..........  .....................      76  805............  484
Oct. 23                        87-847..........  .....................      76  1117...........  757
                               87-852..........  .....................      76  1129...........  319c
 
             1963
May 17                         88-25...........  (par. under heading        77  26.............  756 note
                                                  ``General Supply
                                                  Fund'').
Oct. 17                        88-149..........  516..................      77  267............  483a
Dec. 19                        88-215..........  (par. under heading        77  434, 436.......  313-2, 756 note
                                                  ``General Supply
                                                  Fund'', 4th par. on
                                                  p. 436).
Dec. 30                        88-248..........  (last par. under           77  812............  166a
                                                  heading
                                                  ``Salaries'').
 
             1964
July 2                         88-349..........  1....................      78  238............  276a
Aug. 1                         88-391..........  .....................      78  365............  193r, 193t,
                                                                                                  193v, 193x
Aug. 14                        88-426..........  203(d) (related to         78  415............  166b, 166b-1
                                                  Assistant Architect
                                                  of the Capitol), (e).
Aug. 19                        88-446..........  516..................      78  477............  483a
Aug. 20                        88-454..........  (last par. under           78  544............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 30                        88-507..........  (2d complete par. on       78  655............  313-2
                                                  p. 655).
                               88-515..........  .....................      78  696............  701, 701 note,
                                                                                                  702, 703
Sept. 2                        88-560..........  602..................      78  799............  462
 
             1965
Mar. 9                         89-4............  1, 2, 101-108, 201,        79  5, 17..........  40 App.:1, 2,
                                                  202, 207, 214, 221-                             101-108, 201,
                                                  226, 301-304, 401-                              202, 207, 214,
                                                  405.                                            221-226, 301-
                                                                                                  304, 401-405
June 2                         89-30...........  1-4..................      79  118............  301, 306, 308-
                                                                                                  310
July 27                        89-90...........  (1st par. on p. 276).      79  276............  166a
Aug. 10                        89-117..........  1104.................      79  503............  462
Aug. 16                        89-128..........  (2d complete par. on       79  531............  313-2
                                                  p. 531).
Sept. 8                        89-173..........  1, 5(a), 6...........      79  663, 665, 666..  684, 685
Sept. 29                       89-213..........  616..................      79  876............  483a
Oct. 20                        89-276..........  .....................      79  1010...........  490
Nov. 8                         89-343..........  6....................      79  1303...........  474
                               89-344..........  .....................      79  1304...........  490
                               89-348..........  2(4).................      79  1312...........  484
 
             1966
Aug. 27                        89-545..........  (last par. under           80  364............  166a
                                                  heading
                                                  ``Salaries'').
Sept. 6                        89-555..........  (4th par. on p. 674).      80  674............  313-2
Oct. 15                        89-670..........  8(b).................      80  942............  40 App.:201
                               89-687..........  616..................      80  994............  483a
Oct. 29                        89-698..........  401..................      80  1072...........  214a
Nov. 2                         89-719..........  105(b)...............      80  1139...........  270a
Nov. 7                         89-790..........  .....................      80  1424...........  71 note
 
             1967
May 25                         90-19...........  7, 10(a) (related to       81  22.............  460, 462, 474
                                                  Sec.  702), (d).
May 29                         90-21...........  (par. under heading        81  33.............  756 note
                                                  ``General Supply
                                                  Fund'').

[[Page 116 STAT. 1318]]

 
July 28                        90-57...........  (last par. under           81  136............  166a
                                                  heading
                                                  ``Salaries'').
Sept. 29                       90-96...........  616..................      81  245............  483a
Oct. 11                        90-103..........  101-104, 106, 107,         81  257, 258, 261,   40 App.:1 note,
                                                  112, 116-123.                  263.             102, 105, 106,
                                                                                                  201, 202, 207,
                                                                                                  214, 221, 223
                                                                                                  , 224, 302,
                                                                                                  303, 401, 403
Oct. 20                        90-108..........  .....................      81  275............  101, 193a, 193a
                                                                                                  note, 193f,
                                                                                                  193h, 193m
Nov. 3                         90-121..........  (2d complete par. on       81  349............  313-2
                                                  p. 349).
Nov. 14                        90-135..........  .....................      81  441............  771, 771 note,
                                                                                                  781-786, 791,
                                                                                                  792
Dec. 16                        90-206..........  219(3), (4)..........      81  639............  166b, 166b-1
 
             1968
Mar. 12                        90-264..........  1, 101-107, 109-           82  43, 45.........  801, 801 note,
                                                  116(a)(1), (b), 117-                            802-804, 804
                                                  120, 201-203.                                   note, 805-808,
                                                                                                  811-819a, 821-
                                                                                                  823
June 19                        90-351..........  525..................  ......  ...............  484
July 5                         90-376..........  3....................      82  286............  193v
July 23                        90-417..........  (2d par. under             82  407............  166a
                                                  heading
                                                  ``Salaries'').
July 23                        90-417..........  (last par. under           82  407............  167a note
                                                  heading
                                                  ``Salaries'').
Aug. 1                         90-448..........  201(f), 607, 807(f)..      82  502, 534, 544..  462, 612, 40
                                                                                                  App.:207
Oct. 4                         90-550..........  (2d complete par. on       82  944............  313-2
                                                  p. 944).
Oct. 16                        90-577..........  501..................      82  1104...........  531, 531 note,
                                                                                                  532-535
Oct. 17                        90-580..........  516..................      82  1132...........  483a
Oct. 22                        90-626..........  .....................      82  1319...........  490
 
             1969
June 30                        91-34...........  2(c).................      83  41.............  193m
Aug. 9                         91-54...........  .....................      83  96.............  327 notes, 333
Nov. 25                        91-123..........  101-104, 106-111.....      83  214, 215.......  40 App.:1 note,
                                                                                                  105, 201, 202,
                                                                                                  207, 214, 302,
                                                                                                  401, 403, 405
Nov. 26                        91-126..........  (4th par. under            83  228............  313-2
                                                  heading ``General
                                                  Provisions'').
Dec. 9                         91-143..........  8....................      83  322............  651, 652, 661,
                                                                                                  663-665, 671,
                                                                                                  682-684
Dec. 12                        91-145..........  (last par. under           83  350............  166a
                                                  heading
                                                  ``Salaries'').
Dec. 29                        91-171..........  617..................      83  483............  483a
 
             1970
May 21                         91-258..........  52(b)(5).............      84  235............  40 App.:214
June 30                        91-297..........  201(c)...............      84  357............  210a note

[[Page 116 STAT. 1319]]

 
July 29                        91-358..........  173(a)(1)............      84  591............  129a note
Aug. 12                        91-375..........  6(m).................      84  782............  356, 474, 615,
                                                                                                  723, 724
Aug. 18                        91-382..........  (words before proviso      84  817, 818.......  166a, 166b-1
                                                  (related to salary
                                                  of Executive
                                                  Assistant Architect
                                                  of the Capitol) in
                                                  1st par. under
                                                  heading
                                                  ``Salaries''), 1st
                                                  complete par. on p.
                                                  818).
Sept. 1                        91-393..........  1, 2, 4..............      84  835............  255, 256, 258e
Sept. 26                       91-426..........  .....................      84  883............  481, 512
Oct. 17                        91-466..........  2....................      84  990............  521-524
Oct. 21                        91-469..........  39...................      84  1036...........  270f
Oct. 22                        91-485..........  2-4..................      84  1084...........  484
Oct. 26                        91-510..........  451(a)...............      84  1193...........  193n-1
Oct. 27                        91-513..........  1102(o)..............      84  1293...........  304m
Dec. 17                        91-556..........  (4th par. under            84  1448...........  313-2
                                                  heading ``General
                                                  Provisions'').
 
             1971
Jan. 11                        91-668..........  817..................      84  2033...........  483a
July 9                         92-49...........  611..................      85  124............  313-2
                               92-51...........  (last par. under           85  137............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 5                         92-65...........  201-204, 206, 208,         85  168, 169, 171..  40 App.:1 note,
                                                  210-214.                                        105, 106, 201,
                                                                                                  201 note, 202,
                                                                                                  207, 214, 223
                                                                                                  note, 302,
                                                                                                  401, 405
Dec. 18                        92-204..........  717..................      85  730............  483a
 
             1972
June 16                        92-313..........  1-4, 7, 11...........      86  216, 221, 222..  490, 601 note,
                                                                                                  603, 603
                                                                                                  notes, 606,
                                                                                                  611
June 22                        92-317..........  3(f).................      86  235............  14a
July 10                        92-342..........  (last par. under           86  442............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 4                         92-362..........  1....................      86  503............  484
Oct. 21                        92-520..........  1, 41................      86  1019, 1026.....  601 note, 616
                                                                                                  note
Oct. 26                        92-570..........  717..................      86  1199...........  483a
Oct. 27                        92-578..........  1-14, 16, 17.........      86  1266, 1274.....  871, 871 note,
                                                                                                  872-885
                               92-582..........  .....................      86  1278...........  541-544
 
             1973
July 6                         93-62...........  .....................      87  146............  802, 804
July 10                        93-72...........  .....................      87  169............  607
Aug. 6                         93-83...........  2....................      87  216............  484
Nov. 1                         93-145..........  (last par. under           87  540............  166a
                                                  heading
                                                  ``Salaries'').
Dec. 24                        93-198..........  203, 739(a)-(c), (e)-      87  779, 825, 826,   13n, 71a, 71c-
                                                  (g)(2), (7), (8),              829.             71g, 136, 193a
                                                  (h)-(j).
Dec. 29                        93-226..........  .....................      87  943............  193a note
 
             1974
Jan. 2                         93-238..........  717..................      87  1041...........  483a
Aug. 13                        93-371..........  (last par. under           88  437............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 22                        93-383..........  401(c)...............      88  691............  460
Aug. 30                        93-400..........  15...................      88  800............  474, 487, 581

[[Page 116 STAT. 1320]]

 
Oct. 1                         93-427..........  .....................      88  1170...........  873, 876, 885
Oct. 8                         93-437..........  817..................      88  1228...........  483a
Oct. 26                        93-478..........  .....................      88  1449...........  802
Dec. 21                        93-529..........  (par. under heading        88  1711...........  40 App.:208
                                                  ``Appalachian                                   note
                                                  Regional Development
                                                  Programs'').
 
             1975
Jan. 2                         93-594..........  .....................      88  1926...........  472
                               93-599..........  .....................      88  1954...........  483
                               93-604..........  701..................      88  1963...........  756
July 25                        94-59...........  (3d par. under             89  287............  166a
                                                  heading
                                                  ``Salaries'').
Aug. 9                         94-82...........  204(b) ``Sec. 203(d)       89  421............  166b
                                                  (related to
                                                  Assistant Architect
                                                  of the Capitol)''.
                               94-91...........  401..................      89  452............  490a
Dec. 31                        94-188..........  101-111, 113, 115-         89  1079, 1082,      40 App.:1 note,
                                                  122, 124.                      1083, 1086.      2, 2 note,
                                                                                                  101, 102, 105-
                                                                                                  107, 201, 201
                                                                                                  note, 202,
                                                                                                  207, 214, 223-
                                                                                                  225, 302, 303,
                                                                                                  401, 405
 
             1976
Feb. 9                         94-212..........  717..................      90  171............  483a
Apr. 21                        94-273..........  2(19), 21............      90  375, 379.......  74, 756
Aug. 3                         94-375..........  16(b)................      90  1076...........  461 note
Aug. 14                        94-388..........  .....................      90  1188...........  885
Sept. 22                       94-419..........  717..................      90  1294...........  483a
Oct. 1                         94-440..........  (last par. under           90  1452...........  166a
                                                  heading
                                                  ``Salaries'').
Oct. 17                        94-519..........  1-5, 7-9.............      90  2451, 2456.....  476, 483, 483c,
                                                                                                  484, 484 note,
                                                                                                  484c, 512
Oct. 18                        94-541..........  105..................      90  2505...........  490, 601 note,
                                                                                                  606, 611, 612a
 
             1977
Aug. 5                         95-94...........  (2d par. under             91  672............  166a
                                                  heading
                                                  ``Salaries'').
Sept. 21                       95-111..........  817..................      91  902............  483a
Nov. 18                        95-193..........  .....................      91  1412...........  40 App.:202,
                                                                                                  202 note
 
             1978
Sept. 30                       95-391..........  (last par. under           92  781............  166a
                                                  heading
                                                  ``Salaries'').
Oct. 10                        95-431..........  (proviso in par.           92  1036...........  13a, 13b
                                                  under heading ``Care
                                                  of the Building and
                                                  Grounds'').
Oct. 13                        95-457..........  818..................      92  1247...........  483a
Oct. 20                        95-491..........  .....................      92  1641...........  760, 760 note
Oct. 24                        95-506..........  .....................      92  1756...........  491
Nov. 2                         95-585..........  .....................      92  2484...........  270a
Nov. 6                         95-598..........  325..................      92  2679...........  316
                               95-599..........  138(a), (b)..........      92  2710...........  40 App.:201
Nov. 10                        95-629..........  101..................      92  3635...........  872-875, 877,
                                                                                                  885
 
             1979
July 25                        96-38...........  (par. under heading        93  124............  756 note
                                                  ``General Supply
                                                  Fund'').
July 30                        96-41...........  3(d).................      93  325............  485
Aug. 15                        96-60...........  203(c)...............      93  399............  474

[[Page 116 STAT. 1321]]

 
Oct. 10                        96-83...........  10...................      93  652............  474, 481, 487
Oct. 17                        96-88...........  509(b)...............      93  695............  40 App.:202
Dec. 14                        96-146..........  1(2).................      93  1086...........  166b
Dec. 20                        96-152..........  1(b).................      93  1099...........  ...............
Dec. 21                        96-154..........  718..................      93  1155...........  483a
 
             1980
Oct. 8                         96-399..........  402..................      94  1667...........  461 note
Oct. 10                        96-432..........  2, 4, 6(c)...........      94  1852, 1853.....  193a, 193a
                                                                                                  note, 193d
                                                                                                  note
Oct. 19                        96-470..........  101(a), 202(a), 211..      94  2237, 2242,      50, 514, 610
                                                                                 2246.
Dec. 8                         96-506..........  3....................      94  2746...........  40 App.:105,
                                                                                                  106, 201, 214,
                                                                                                  401, 405
Dec. 12                        96-514..........  108..................      94  2972...........  131 note
                               96-515..........  505..................      94  3005...........  874 note
Dec. 15                        96-527..........  718..................      94  3084...........  483a
Dec. 16                        96-536..........  101(c) [H.R. 7593          94  3167...........  166a
                                                  (related to expenses
                                                  of travel by the
                                                  Office of the
                                                  Architect of the
                                                  Capitol)].
Dec. 18                        96-545..........  2....................      94  3215...........  40 App.:202
Dec. 22                        96-571..........  1-5..................      94  3341...........  795, 795 note,
                                                                                                  795a-795c
Dec. 28                        96-610..........  .....................      94  3564...........  801 note, 802
                                                                                                  note, 809
 
             1981
June 5                         97-12...........  (par. under heading        95  75.............  756 note, 756a
                                                  ``General Supply
                                                  Fund'').
Aug. 6                         97-31...........  12(12)-(15)..........      95  154............  270f, 474,
                                                                                                  483a, 484
Aug. 13                        97-35...........  313(b), 1404, 1822(a)      95  398, 749, 767..  461, 40
                                                                                                  App.:105, 201,
                                                                                                  401
Oct. 1                         97-51...........  101(c) [H.R. 4120          95  959............  166a
                                                  (related to expenses
                                                  of travel by the
                                                  Office of the
                                                  Architect of the
                                                  Capitol)].
Dec. 4                         97-88...........  (par under heading         95  1146...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional Development
                                                  Programs'').
Dec. 22                        97-98...........  1443.................      95  1321...........  483
Dec. 29                        97-114..........  717..................      95  1581...........  483a
                               97-125..........  1-3(2), (3) ``Secs.        95  1667, 1671.....  801 note, 802,
                                                  111-116(a)(1), (b),                             811, 811 note,
                                                  117-119'', 4.                                   812-819
 
             1982
Apr. 2                         97-164..........  160(a)(13)...........      96  48.............  330
Oct. 2                         97-276..........  101(e) [S. 2939            96  1189...........  166a
                                                  (related to expenses
                                                  of travel by the
                                                  Office of the
                                                  Architect of the
                                                  Capitol)].
Dec. 21                        97-377..........  101(c) [title VII,         96  1853, 1906,      483a, 490c
                                                  Sec.  717], (f)                1913.            note, 40
                                                  (related to programs                            App.:401 note
                                                  authorized by the
                                                  Appalachian Regional
                                                  Development Act of
                                                  1965), 120.
Dec. 29                        97-390..........  1....................      96  1957...........  13f, 13l, 13n,
                                                                                                  13p
 
             1983
July 14                        98-50...........  (par under heading         97  259............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional Development
                                                  Programs'').
                               98-51...........  (par. under heading        97  273............  166a
                                                  ``Travel'').

[[Page 116 STAT. 1322]]

 
July 30                        98-63...........  101 (1st-9th               97  321............  761
                                                  sentences in par.
                                                  under heading
                                                  ``Consumer
                                                  Information Center
                                                  Fund'').
Oct. 31                        98-141..........  8....................      97  910............  872, 874, 875,
                                                                                                  880, 885
Nov. 14                        98-151..........  112..................      97  976............  490c note
Nov. 30                        98-181..........  126(a)(1)............      97  1175...........  484b
Dec. 1                         98-191..........  8(d), 9(a)(2,), (3)..      97  1331...........  474, 481, 487
Dec. 8                         98-212..........  716..................      97  1441...........  483a
 
             1984
Apr. 18                        98-269..........  .....................      98  156............  270c
July 16                        98-360..........  (par under heading         98  418............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional Development
                                                  Programs'').
July 17                        98-367..........  (par. under heading        98  482............  166a
                                                  ``Travel'').
July 18                        98-369..........  2713(b)..............      98  1184...........  759 note
Oct. 12                        98-473..........  101(h) [title VIII,        98  1925, 1963,      483a, 484, 490c
                                                  Sec.  8013], (j)               2129.            note, 490d
                                                  [H.R. 5798, title                               note
                                                  IV, Sec.  6, title
                                                  V, Sec.  507], 701,
                                                  702.
Oct. 19                        98-524..........  4(e)(2)..............      98  2489...........  40 App.:214
 
             1985
Nov. 1                         99-141..........  (par under heading         99  577............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional Development
                                                  Programs'').
Nov. 8                         99-145..........  1241(a)..............      99  734............  328
Nov. 13                        99-151..........  (par. under heading        99  800............  166a
                                                  ``Travel'').
Dec. 19                        99-190..........  101(h) [H.R. 3036,         99  1291, 1323.....  490b, 490c
                                                  title IV, Sec.  6,                              note, 490d
                                                  title V, Sec.  507],                            note
                                                  139.
Dec. 26                        99-218..........  .....................      99  1729...........  13n
 
             1986
Apr. 7                         99-272..........  15301-15313..........     100  335............  901-913
Aug. 22                        99-386..........  201, 207.............     100  822, 823.......  484
Oct. 16                        99-492..........  1....................     100  1240...........  13n
Oct. 18                        99-500..........  101(e) [title IV,         100  1783-210, 1783-  166a, 490b,
                                                  par. under heading             287, 1783-321,   490c note,
                                                  ``Appalachian                  1783-324, 1783-  490d note,
                                                  Regional                       331, 1783-340,   751, 756b,
                                                  Commission''], (j)             1783-345, 1783-  757, 40
                                                  [H.R. 5203 (related            352.             App.:401 note
                                                  to use of
                                                  appropriations for
                                                  travel expenses)],
                                                  (m) [title IV, Sec.
                                                  6, title V, Sec.
                                                  507, title VI, Sec.
                                                  616, title VIII,
                                                  Sec. Sec.  821(a)(1)
                                                  , 832], 151.
Oct. 30                        99-591..........  101(e) [title IV,         100  3341-210, 3341-  166a, 490b,
                                                  par. under heading             287, 3341-321,   490c note,
                                                  ``Appalachian                  3341-324, 3341-  490d note,
                                                  Regional                       331, 3341-340,   751, 756b,
                                                  Commission''], (j)             3341-345, 3341-  757, 40
                                                  [H.R. 5203 (related            355.             App.:401 note
                                                  to use of
                                                  appropriations for
                                                  travel expenses)],
                                                  (m) [title IV, Sec.
                                                  6, title V, Sec.
                                                  507, title VI, Sec.
                                                  616, title VIII,
                                                  Sec. Sec.  821(a)(1)
                                                  , 832], 151.
Nov. 7                         99-627..........  3....................     100  3509...........  512, 512 notes
Nov. 10                        99-640..........  13(a)-(c)............     100  3551...........  484d
Nov. 14                        99-652..........  .....................     100  3650...........  1001, 1001
                                                                                                  note, 1002-
                                                                                                  1010
                               99-656..........  1....................     100  3668...........  258a, 258e-1
Nov. 17                        99-662..........  945..................     100  4200...........  483d
 
             1987
July 22                        100-77..........  502(a)...............     101  510............  484

[[Page 116 STAT. 1323]]

 
Aug. 21                        100-113.........  1-6, 10..............     101  735, 747.......  1101, 1101
                                                                                                  note, 1102-
                                                                                                  1105, 1109
Dec. 22                        100-202.........  101(b) [title VIII,       101  1329-79, 1329-   166a, 490 note,
                                                  Sec.  8093], (d)               127, 1329-196,   490b, 490c
                                                  [title IV, par.                1329-294, 1329-  note, 490d
                                                  under heading                  301, 1329-410,   note, 756
                                                  ``Appalachian                  1329-415, 1329-  notes, 756b,
                                                  Regional                       423, 1329-427.   1003, 40
                                                  Commission''], (f)                              App.:401 note
                                                  [title II, Sec.  3],
                                                  (i) [title I, Sec.
                                                  4 and par. under
                                                  heading ``Travel''],
                                                  (m) [title IV, Sec.
                                                  5, title V, Sec.
                                                  507, title VI, Sec.
                                                  Sec.  616, 619].
 
             1988
Jan. 5                         100-230.........  3....................     101  1564...........  1003
Jan. 8                         100-235.........  1, 2, 5-8............     101  1724, 1729.....  1441 note
Feb. 5                         100-242.........  524..................     101  1939...........  462
July 19                        100-370.........  1(k)(3)..............     102  849............  483a
                               100-371.........  (par. under heading       102  871............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Aug. 22                        100-415.........  .....................     102  1104...........  885
Aug. 23                        100-418.........  5115(c)..............     102  1433...........  490
Sept. 22                       100-440.........  5, 11, 507...........     102  1741, 1742,      490a-1 note,
                                                                                 1747.            490c note,
                                                                                                  490d note
Oct. 1                         100-458.........  (par. under heading       102  2169...........  166a
                                                  ``Travel'').
Oct. 7                         100-480.........  .....................     102  2328...........  816, 1201, 1201
                                                                                                  note, 1202-
                                                                                                  1208
Oct. 28                        100-542.........  .....................     102  2721...........  762, 762 note,
                                                                                                  762a-762d
Nov. 5                         100-612.........  .....................     102  3180...........  471 note, 481,
                                                                                                  484, 485, 488,
                                                                                                  493
Nov. 15                        100-656.........  742..................     102  3897...........  541
Nov. 17                        100-678.........  1-8..................     102  4049...........  278a, 318-318b,
                                                                                                  601 note, 603,
                                                                                                  606, 617-619,
                                                                                                  619 note
                               100-679.........  8....................     102  4068...........  541
Nov. 18                        100-690.........  2081(b)..............     102  4216...........  484
 
             1989
Aug. 9                         101-73..........  744(f), (g)..........     103  438............  474, 612
Sept. 29                       101-101.........  (par. under heading       103  663............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Nov. 3                         101-136.........  5, 7, 9, 22, 25, 506.     103  802, 803, 807,   490a-1, 490c
                                                                                 808, 812.        note, 490d,
                                                                                                  490e, 491
                                                                                                  note, 757
Nov. 21                        101-162.........  (proviso in par.          103  1010...........  13a note
                                                  under heading ``Care
                                                  of the Building and
                                                  Grounds'').
                               101-163.........  (par. under heading       103  1055, 1056.....  166a, 166b-1
                                                  ``Travel''), 106(a),
                                                  (b).
 
             1990
Oct. 15                        101-427.........  .....................     104  927............  40 App.:221

[[Page 116 STAT. 1324]]

 
Oct. 17                        101-434.........  .....................     104  985............  40 App.:403
Oct. 25                        101-462.........  .....................     104  1079...........  13n
Nov. 5                         101-509.........  8, 15, 507...........     104  1414, 1415,      490c note,
                                                                                 1423.            490f, 490g
                                                                                                  note
                               101-510.........  2805.................     104  1786...........  485
                               101-514.........  (par. under heading       104  2095...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
                               101-520.........  (par. under heading       104  2266...........  166a
                                                  ``Travel'').
 
             1991
June 13                        102-54..........  13(o)................     105  278............  612
Aug. 14                        102-90..........  (par. under heading       105  458, 469.......  166a, 184b-184f
                                                  ``Travel''), 312(f).
Aug. 17                        102-104.........  (par. under heading       105  533............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Oct. 28                        102-141.........  7, 11, 505...........     105  856, 862.......  490c note,
                                                                                                  490f, 490g
                                                                                                  note
Dec. 11                        102-216.........  .....................     105  1666...........  1010, 1010 note
                               102-219.........  1....................     105  1673...........  885
Dec. 18                        102-240.........  1087.................     105  2022...........  40 App.:403
 
             1992
Aug. 7                         102-336.........  .....................     106  864............  193v
Oct. 2                         102-377.........  (par. under heading       106  1339...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Oct. 6                         102-392.........   (par. under heading      106  1714, 1723,      166a, 193a
                                                  ``Travel''), 311,              1724, 1726.      note, 1204,
                                                  318, 324.                                       1205, 1207
                               102-393.........  5, 13, 505, 528......     106  1750, 1751,      490b, 490c
                                                                                 1757, 1760.      note, 490f,
                                                                                                  490g
Oct. 23                        102-439.........  1....................     106  2223...........  885
Oct. 24                        102-486.........  153..................     106  2851...........  490
 
             1993
Feb. 8                         103-4...........  1....................     107  30.............  1201 note
Aug. 11                        103-69..........  (par. under heading       107  702............  166a
                                                  ``Travel'').
Sept. 21                       103-82..........  202(f)...............     107  888............  484
Oct. 28                        103-123.........  5, 7, 505............     107  1246, 1247,      485, 490c note,
                                                                                 1252.            755a
                               103-126.........  (par. under heading       107  1331...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Nov. 30                        103-160.........  2927.................     107  1932...........  484
Dec. 14                        103-193.........  .....................     107  2293...........  13n
 
             1994
July 21                        103-279.........  9....................     108  1416...........  193r, 193u,
                                                                                                  193v
July 22                        103-283.........  (par. under heading       108  1434...........  166a
                                                  ``Travel'').
Aug. 26                        103-316.........  (par. under heading       108  1720...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
                               103-321.........  2....................     108  1793...........  1001 note,
                                                                                                  1002, 1003,
                                                                                                  1006-1010
Sept. 30                       103-329.........  (par. under heading       108  2387, 2409,      486a, 490c
                                                  ``Payment of                   2418.            note, 722a
                                                  Government Losses in
                                                  Shipment''), 505,
                                                  611.

[[Page 116 STAT. 1325]]

 
Oct. 13                        103-355.........  1555, 4104(b), (c),       108  3300, 3341,      270a, 270a
                                                  7301-7306, 8301(b),            3382, 3396,      notes, 270d-1,
                                                  10005(a)(2), (b)(2),           3406, 3408.      276d, 276d
                                                  (f)(1), (2).                                    notes, 276d-1--
                                                                                                  276d-3, 329,
                                                                                                  333, 334, 471
                                                                                                  notes, 481,
                                                                                                  541 note
Nov. 2                         103-437.........  14(b), (d), (e)......     108  4590, 4591.....  606, 610, 874,
                                                                                                  40 App.:403
 
             1995
Nov. 13                        104-46..........  (par. under heading       109  416............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Nov. 15                        104-50..........  401-405..............     109  463............  1301, 1301
                                                                                                  note, 1302-
                                                                                                  1304
Nov. 19                        104-52..........  5, 503, 611..........     109  486, 491, 499..  486a, 490c,
                                                                                                  490h
                               104-53..........  (par. under heading       109  527............  166a
                                                  ``Travel'').
Dec. 21                        104-66..........  2091(a)..............     109  730............  484
Dec. 22                        104-68..........  1....................     109  766............  1101 note
 
             1996
Feb. 10                        104-106.........  1502(f)(7), 2818(b),      110  510, 555, 676,   270a note, 485,
                                                  4321(i)(8), 5001,              679, 685, 686,   759, 1401,
                                                  5002, 5101, 5111-              689, 691, 701,   1401 notes,
                                                  5113, 5121-5124,               702.             1411-1413,
                                                  5125(b)-(d), 5126-                              1421-1428,
                                                  5128, 5131(a)-(d),                              1441, 1441
                                                  5132, 5141, 5142,                               note, 1442,
                                                  5201, 5301-5305,                                1451, 1452,
                                                  5311, 5312, 5401-                               1461, 1471-
                                                  5403, 5607(b),                                  1475, 1491,
                                                  5608(a), 5701.                                  1492, 1501-
                                                                                                  1503
Apr. 24                        104-132.........  803..................     110  1305...........  137
Apr. 26                        104-134.........  101(c) [title I,          110  1321-193, 1321-  193n, 872, 872
                                                  proviso in 1st par.            198.             note
                                                  under heading ``John
                                                  F. Kennedy Center
                                                  for the Performing
                                                  Arts'', title III,
                                                  Sec.  313].
Aug. 6                         104-182.........  306..................     110  1685...........  45 note
Aug. 20                        104-186.........  221(15), (18)........     110  1750...........  756b, 1003
Sept. 16                       104-197.........  (par. under heading       110  2404...........  166a
                                                  ``Travel'').
Sept. 23                       104-201.........  823, 1067............     110  2609, 2654.....  318c, 490
Sept. 26                       104-204.........  (2d proviso under         110  2916...........  761a
                                                  heading ``Consumer
                                                  Information Center
                                                  Fund'').
Sept. 30                       104-206.........  (par. under heading       110  3000...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Sept. 30                       104-208.........  101(f) [title VI,         110  3009-365.......  1411 note
                                                  Sec.  640].

[[Page 116 STAT. 1326]]

 
                               104-208.........  101(e) [title VII,        110  3009-312, 3009-  276d-3, 486a,
                                                  Sec.  709(a)(4),               335, 3009-337,   490, 612, 872
                                                  (5)], (f) [title IV,           3009-355, 3009-  note, 1401
                                                  3d-6th provisos on             394.             note, 40
                                                  p. 3009-335, Sec.                               App.:214
                                                  407, title VI, Sec.
                                                  611, title VIII,
                                                  Sec.  808(b)].
Oct. 9                         104-280.........  1....................     110  3359...........  13n
Oct. 19                        104-316.........  120..................     110  3836...........  485a, 490
Nov. 12                        104-333.........  814(d)(1)(G).........     110  4196...........  805
 
             1997
July 18                        105-27..........  1....................     111  244............  484
Oct. 6                         105-50..........  .....................     111  1167...........  484
Oct. 10                        105-61..........  (proviso related to       111  1297, 1300.....  481, 490i note
                                                  buildings considered
                                                  to be federally
                                                  owned), 413.
Oct. 13                        105-62..........  (par. under heading       111  1336...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Oct. 27                        105-65..........  (last proviso in par.     111  1377...........  761a
                                                  under heading
                                                  ``Consumer
                                                  Information Center
                                                  Fund'').
Nov. 14                        105-83..........  (last proviso in par.     111  1589...........  71a note
                                                  under heading
                                                  ``National Capital
                                                  Planning
                                                  Commission'').
Nov. 18                        105-85..........  850(f)(2), 852,           111  1849, 1851,      1441 note,
                                                  1073(h)(4).                    1907.            1492, 1501
Nov. 19                        105-95..........  4 (related to section     111  2149...........  193v
                                                  9(3) of the Act of
                                                  October 24, 1951).
                               105-100.........  157(f)...............     111  2187...........  138
Nov. 26                        105-119.........  118..................     111  2468...........  484
 
             1998
June 9                         105-178.........  1117(c), 1211(b),         112  160, 188, 193,   819a, 40
                                                  1212(a)(2)(B)(iii),            223.             App.:201, 403,
                                                  1222.                                           405, 405 note
Aug. 7                         105-220.........  199(a)(4)............     112  1059...........  40 App.:211
Oct. 7                         105-245.........  (par. under heading       112  1854...........  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Oct. 21                        105-277.........  101(h) [title IV, 6th     112  2681-502, 2681-  490 note, 490b
                                                  and 9th provisos on            513, 2681-522,   note, 490i,
                                                  p. 2681-502, title             2681-788.        1106
                                                  VI, Sec. Sec.  603,
                                                  630], 1335(h).
Oct. 31                        105-332.........  3(g).................     112  3126...........  40 App.:214
Nov. 10                        105-362.........  401(g)...............     112  3282...........  795d
Nov. 13                        105-393.........  201-220(c)(1), 221,       112  3618, 3625.....  40 App.:1 note,
                                                  222.                                            2, 101, 105,
                                                                                                  106, 202-208,
                                                                                                  211-214, 224,
                                                                                                  226, 302, 401,
                                                                                                  405
 
             1999
Aug. 17                        106-49..........  .....................     113  231............  270a, 270a
                                                                                                  notes, 270b
Sept. 29                       106-60..........  (par. under heading       113  498............  40 App.:401
                                                  ``Appalachian                                   note
                                                  Regional
                                                  Commission'').
Oct. 5                         106-65..........  1067(18).............     113  775............  485
Oct. 22                        106-78..........  752(b)(14)...........     113  1170...........  474
Nov. 29                        106-113.........  1000(a)(5) [Sec.          113  1501A-301......  484
                                                  233(a)].
Dec. 12                        106-168.........  301..................     113  1821...........  484
 
             2000
Oct. 27                        106-377.........  1(a)(2) (par. under       114  1441A-82.......  40 App.:401
                                                  heading                                         note
                                                  ``Appalachian
                                                  Regional
                                                  Commission'').

[[Page 116 STAT. 1327]]

 
Oct. 30                        106-398.........  1 [Sec. Sec.  809,        114  1654A-208,       484, 1492
                                                  2814].                         1654A-419.
Nov. 13                        106-518.........  313..................     114  2421...........  13n
Dec. 21                        106-554.........  1(a)(3) [Sec.  643],      114  2763A-169,       258e-1, 490b
                                                  (7) [Sec.  307(a)].            2763A-635.
 
             2001
Nov. 12                        107-67..........  630..................     115  552............  490b-1
Dec. 28                        107-107.........  2812.................     115  1307...........  485
 
             2002
Mar. 12                        107-149.........  116..................      66  40 App.:1 note,
                                                                                 2, 2 note,
                                                                                 101, 102, 104,
                                                                                 106, 202-205,
                                                                                 207, 214, 224,
                                                                                 225, 302, 303,
                                                                                 401, 403, 405.
----------------------------------------------------------------------------------------------------------------

    Approved August 21, 2002.

LEGISLATIVE HISTORY--H.R. 2068:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-479 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            June 11, considered and passed House.
            Aug. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Aug. 23, Presidential statement.

                                  <all>
```