IIB

107TH CONGRESS

2D SESSION H. R. 2068

IN THE SENATE OF THE UNITED STATES

JUNE 12, 2002

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States

Code, ‘‘Public Buildings, Property, and Works’’.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,
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1 SECTION 1. TITLE 40, UNITED STATES CODE.

2 Certain general and permanent laws of the United States, related to pub3 lic buildings, property, and works, are revised, codified, and enacted as title

4 40, United States Code, ‘‘Public Buildings, Property, and Works’’, as fol5 lows:

6 TITLE 40—PUBLIC BUILDINGS,

7 PROPERTY, AND WORKS

SUBTITLE Sec.

I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ................ 101

II. PUBLIC BUILDINGS AND WORKS ........................................................... 3101

III. INFORMATION TECHNOLOGY MANAGEMENT ..................................... 11101

IV. APPALACHIAN REGIONAL DEVELOPMENT .......................................... 14101

V. MISCELLANEOUS ......................................................................................... 17101

8 SUBTITLE I—FEDERAL PROPERTY AND

9 ADMINISTRATIVE SERVICES

CHAPTER Sec.

1. GENERAL ....................................................................................................... 101

3. ORGANIZATION OF GENERAL SERVICES ADMINISTRATION .......... 301

5. PROPERTY MANAGEMENT ........................................................................ 501

7. FOREIGN EXCESS PROPERTY .................................................................. 701

9. URBAN LAND USE ....................................................................................... 901

11. SELECTION OF ARCHITECTS AND ENGINEERS ................................. 1101

13. PUBLIC PROPERTY ..................................................................................... 1301

10 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.

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.

11 SUBCHAPTER I—PURPOSE AND DEFINITIONS

12 § 101. Purpose

13 The purpose of this subtitle is to provide the Federal Government with

14 an economical and efficient system for the following activities:

15 (1) Procuring and supplying property and nonpersonal services, and

16 performing related functions including contracting, inspection, storage,

17 issue, setting specifications, identification and classification, transpor18 tation and traffic management, establishment of pools or systems for

19 transportation of Government personnel and property by motor vehicle

20 within specific areas, management of public utility services, repairing

21 and converting, establishment of inventory levels, establishment of
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1 forms and procedures, and representation before federal and state reg2 ulatory bodies.

3 (2) Using available property.

4 (3) Disposing of surplus property.

5 (4) Records management.

6 § 102. Definitions

7 The following definitions apply in chapters 1 through 7 of this title and

8 in title III of the Federal Property and Administrative Services Act of 1949

9 (41 U.S.C. 251 et seq.):

10 (1) CARE AND HANDLING.—The term ‘‘care and handling’’

11 includes—

12 (A) completing, repairing, converting, rehabilitating, operating,

13 preserving, protecting, insuring, packing, storing, handling, con14 serving, and transporting excess and surplus property; and

15 (B) rendering innocuous, or destroying, property that is dan16 gerous to public health or safety.

17 (2) CONTRACTOR INVENTORY.—The term ‘‘contractor inventory’’

18 means—

19 (A) property, in excess of amounts needed to complete full per20 formance, that is acquired by and in possession of a contractor or

21 subcontractor under a contract pursuant to which title is vested

22 in the Federal Government; and

23 (B) property that the Government is obligated or has the option

24 to take over, under any type of contract, as a result of changes

25 in specifications or plans under the contract, or as a result of ter26 mination of the contract (or a subcontract), prior to completion of

27 the work, for the convenience or at the option of the Government.

28 (3) EXCESS PROPERTY.—The term ‘‘excess property’’ means prop29 erty under the control of a federal agency that the head of the agency

30 determines is not required to meet the agency’s needs or responsibil31 ities.

32 (4) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means—

33 (A) an executive department or independent establishment in

34 the executive branch of the Government; and

35 (B) a wholly owned Government corporation.

36 (5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu37 tive agency or an establishment in the legislative or judicial branch of

38 the Government (except the Senate, the House of Representatives, and

39 the Architect of the Capitol, and any activities under the direction of

40 the Architect of the Capitol).
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1 (6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess prop2 erty’’ means excess property that is not located in the States of the

3 United States, the District of Columbia, Puerto Rico, American Samoa,

4 Guam, the Northern Mariana Islands, the Federated States of Micro5 nesia, the Marshall Islands, Palau, and the Virgin Islands.

6 (7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any vehicle,

7 self-propelled or drawn by mechanical power, designed and operated

8 principally for highway transportation of property or passengers,

9 excluding—

10 (A) a vehicle designed or used for military field training, com11 bat, or tactical purposes, or used principally within the confines

12 of a regularly established military post, camp, or depot; and

13 (B) a vehicle regularly used by an agency to perform investiga14 tive, law enforcement, or intelligence duties, if the head of the

15 agency determines that exclusive control of the vehicle is essential

16 for effective performance of duties.

17 (8) NONPERSONAL SERVICES.—The term ‘‘nonpersonal services’’

18 means contractual services designated by the Administrator of General

19 Services, other than personal and professional services.

20 (9) PROPERTY.—The term ‘‘property’’ means any interest in prop21 erty except—

22 (A)(i) the public domain;

23 (ii) land reserved or dedicated for national forest or national

24 park purposes;

25 (iii) minerals in land or portions of land withdrawn or reserved

26 from the public domain which the Secretary of the Interior deter27 mines are suitable for disposition under the public land mining

28 and mineral leasing laws; and

29 (iv) land withdrawn or reserved from the public domain except

30 land or portions of land so withdrawn or reserved which the Sec31 retary, with the concurrence of the Administrator, determines are

32 not suitable for return to the public domain for disposition under

33 the general public land laws because the lands are substantially

34 changed in character by improvements or otherwise;

35 (B) naval vessels that are battleships, cruisers, aircraft carriers,

36 destroyers, or submarines; and

37 (C) records of the Government.

38 (10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means ex39 cess property that the Administrator determines is not required to meet

40 the needs or responsibilities of all federal agencies.
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1 SUBCHAPTER II—SCOPE

2 § 111. Application to Federal Property and Administrative

3 Services Act of 1949

4 In the following provisions, the words ‘‘this subtitle’’ are deemed to refer

5 also to title III of the Federal Property and Administrative Services Act of

6 1949 (41 U.S.C. 251 et seq.):

7 (1) Section 101 of this title.

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

9 (3) Section 113 of this title.

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

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

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

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

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

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

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

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

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

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

20 (14) Section 124 of this title.

21 (15) Section 126 of this title.

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

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

24 (18) Section 528 of this title.

25 (19) Section 541 of this title.

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

27 (21) Section 557 of this title.

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

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

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

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

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

33 § 112. Applicability of certain policies, procedures, and di34 rectives in effect on July 1, 1949

35 (a) IN GENERAL.—A policy, procedure, or directive described in sub36 section (b) remains in effect until superseded or amended under this subtitle

37 or other appropriate authority.

38 (b) DESCRIPTION.—A policy, procedure, or directive referred to in sub39 section (a) is one that was in effect on July 1, 1949, and that was pre40 scribed by—
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1 (1) the Director of the Bureau of Federal Supply or the Secretary

2 of the Treasury and that related to a function transferred to or vested

3 in the Administrator of General Services on June 30, 1949, by the

4 Federal Property and Administrative Services Act of 1949;

5 (2) an officer of the Federal Government under authority of the Sur6 plus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority

7 related to surplus property or foreign excess property;

8 (3) the Federal Works Administrator or the head of a constituent

9 agency of the Federal Works Agency; or

10 (4) the Archivist of the United States or another officer or body

11 whose functions were transferred on June 30, 1949, by title I of the

12 Federal Property and Administrative Services Act of 1949.

13 § 113. Limitations

14 (a) IN GENERAL.—Except as otherwise provided in this section, the au15 thority conferred by this subtitle is in addition to any other authority con16 ferred by law and is not subject to any inconsistent provision of law.

17 (b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT

18 POLICY ACT.—The authority conferred by this subtitle is subject to the Of19 fice of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

20 (c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND

21 AGENCIES.—Sections 121(b) and 506(c) of this title do not apply to a Gov22 ernment corporation or agency that is subject to chapter 91 of title 31.

23 (d) LIMITATION REGARDING CONGRESS.—This subtitle does not apply to

24 the Senate or the House of Representatives (including the Architect of the

25 Capitol and any building, activity, or function under the direction of the Ar26 chitect). However, services and facilities authorized by this subtitle shall, as

27 far as practicable, be made available to the Senate, the House of Represent28 atives, and the Architect of the Capitol on their request. If payment would

29 be required for providing a similar service or facility to an executive agency,

30 payment shall be made by the recipient, on presentation of proper vouchers,

31 in advance or by reimbursement (as may be agreed upon by the Adminis32 trator of General Services and the officer or body making the request). The

33 payment may be credited to the applicable appropriation of the executive

34 agency receiving the payment.

35 (e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or affects the

36 authority of—

37 (1) the President under the Philippine Property Act of 1946 (22

38 U.S.C. 1381 et seq.);

39 (2) an executive agency, with respect to any program conducted for

40 purposes of resale, price support, grants to farmers, stabilization,

41 transfer to foreign governments, or foreign aid, relief, or rehabilitation,
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1 but the agency carrying out the program shall, to the maximum extent

2 practicable, consistent with the purposes of the program and the effec3 tive, efficient conduct of agency business, coordinate its operations with

4 the requirements of this subtitle and with policies and regulations pre5 scribed under this subtitle;

6 (3) an executive agency named in chapter 137 of title 10, and the

7 head of the agency, with respect to the administration of that chapter;

8 (4) the Secretary of Defense with respect to property required for

9 or located in occupied territories;

10 (5) the Secretary of Defense with respect to the administration of

11 section 2535 of title 10;

12 (6) the Secretary of Defense and the Secretaries of the Army, Navy,

13 and Air Force with respect to the administration of the Strategic and

14 Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);

15 (7) the Secretary of State under the Foreign Service Buildings Act,

16 1926 (22 U.S.C. 292 et seq.);

17 (8) the Secretary of Agriculture under—

18 (A) the Richard B. Russell National School Lunch Act (42

19 U.S.C. 1751 et seq.);

20 (B) the Farmers Home Administration Act of 1946 (ch. 964,

21 60 Stat. 1062);

22 (C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),

23 with respect to the exportation and domestic consumption of agri24 cultural products;

25 (D) section 201 of the Agricultural Adjustment Act of 1938 (7

26 U.S.C. 1291); or

27 (E) section 203(j) of the Agricultural Marketing Act of 1946 (7

28 U.S.C. 1622(j));

29 (9) an official or entity under the Farm Credit Act of 1971 (12

30 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of

31 property;

32 (10) the Secretary of Housing and Urban Development or the Fed33 eral Deposit Insurance Corporation (or an officer of the Corporation)

34 with respect to the disposal of—

35 (A) residential property; or

36 (B) other property—

37 (i) acquired or held as part of, or in connection with, resi38 dential property; or

39 (ii) held in connection with the insurance of mortgages,

40 loans, or savings association accounts under the National
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1 Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit

2 Insurance Act (12 U.S.C. 1811 et seq.), or any other law;

3 (11) the Tennessee Valley Authority with respect to nonpersonal

4 services, with respect to section 501(c) of this title, and with respect

5 to property acquired in connection with a program of processing, man6 ufacture, production, or force account construction, but the Authority

7 shall, to the maximum extent it considers practicable, consistent with

8 the purposes of its program and the effective, efficient conduct of its

9 business, coordinate its operations with the requirements of this sub10 title and with policies and regulations prescribed under this subtitle;

11 (12) the Secretary of Energy with respect to atomic energy;

12 (13) the Secretary of Transportation or the Secretary of Commerce

13 with respect to the disposal of airport property and airway property (as

14 those terms are defined in section 47301 of title 49) for use as such

15 property;

16 (14) the United States Postal Service;

17 (15) the Maritime Administration with respect to the acquisition,

18 procurement, operation, maintenance, preservation, sale, lease, charter,

19 construction, reconstruction, or reconditioning (including outfitting and

20 equipping incidental to construction, reconstruction, or reconditioning)

21 of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware22 house, or other installation necessary or appropriate for carrying out

23 a program of the Administration authorized by law or nonadministra24 tive activities incidental to a program of the Administration authorized

25 by law, but the Administration shall, to the maximum extent it con26 siders practicable, consistent with the purposes of its programs and the

27 effective, efficient conduct of its activities, coordinate its operations

28 with the requirements of this subtitle and with policies and regulations

29 prescribed under this subtitle;

30 (16) the Central Intelligence Agency;

31 (17) the Joint Committee on Printing, under title 44 or any other

32 law;

33 (18) the Secretary of the Interior with respect to procurement for

34 program operations under the Bonneville Project Act of 1937 (16

35 U.S.C. 832 et seq.); or

36 (19) the Secretary of State with respect to the furnishing of facilities

37 in foreign countries and reception centers within the United States.
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1 SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

2 § 121. Administrative

3 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre4 scribe policies and directives that the President considers necessary to carry

5 out this subtitle. The policies must be consistent with this subtitle.

6 (b) ACCOUNTING PRINCIPLES AND STANDARDS.—

7 (1) PRESCRIPTION.—The Comptroller General, after considering the

8 needs and requirements of executive agencies, shall prescribe principles

9 and standards of accounting for property.

10 (2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller General

11 shall cooperate with the Administrator of General Services and with ex12 ecutive agencies in the development of property accounting systems and

13 approve the systems when they are adequate and in conformity with

14 prescribed principles and standards.

15 (3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen16 eral shall examine the property accounting systems established by exec17 utive agencies to determine the extent of compliance with prescribed

18 principles and standards and approved systems. The Comptroller Gen19 eral shall report to Congress any failure to comply with the principles

20 and standards or to adequately account for property.

21 (c) REGULATIONS BY ADMINISTRATOR.—

22 (1) GENERAL AUTHORITY.—The Administrator may prescribe regu23 lations to carry out this subtitle.

24 (2) REQUIRED REGULATIONS AND ORDERS.—The Administrator

25 shall prescribe regulations that the Administrator considers necessary

26 to carry out the Administrator’s functions under this subtitle and the

27 head of each executive agency shall issue orders and directives that the

28 agency head considers necessary to carry out the regulations.

29 (d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—

30 (1) IN GENERAL.—Except as provided in paragraph (2), the Admin31 istrator may delegate authority conferred on the Administrator by this

32 subtitle to an official in the General Services Administration or to the

33 head of another federal agency. The Administrator may authorize suc34 cessive redelegation of authority conferred by this subtitle.

35 (2) EXCEPTIONS.—The Administrator may not delegate—

36 (A) the authority to prescribe regulations on matters of policy

37 applying to executive agencies;

38 (B) the authority to transfer functions and related allocated

39 amounts from one component of the Administration to another

40 under paragraphs (1)(C) and (2)(A) of subsection (e); or
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1 (C) other authority for which delegation is prohibited by this

2 subtitle.

3 (3) RETENTION AND USE OF RENTAL PAYMENTS.—A department or

4 agency to which the Administrator has delegated authority to operate,

5 maintain or repair a building or facility under this subsection shall re6 tain the portion of the rental payment that the Administrator deter7 mines is available to operate, maintain or repair the building or facility.

8 The department or agency shall directly expend the retained amounts

9 to operate, maintain, or repair the building or facility. Any amounts

10 retained under this paragraph shall remain available until expended for

11 these purposes.

12 (e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—

13 (1) IN GENERAL.—The Administrator may provide for the perform14 ance of a function assigned under this subtitle by any of the following

15 methods:

16 (A) The Administrator may direct the Administration to per17 form the function.

18 (B) The Administrator may designate or establish a component

19 of the Administration and direct the component to perform the

20 function.

21 (C) The Administrator may transfer the function from one com22 ponent of the Administration to another.

23 (D) The Administrator may direct an executive agency to per24 form the function for itself, with the consent of the agency or by

25 direction of the President.

26 (E) The Administrator may direct one executive agency to per27 form the function for another executive agency, with the consent

28 of the agencies concerned or by direction of the President.

29 (F) The Administrator may provide for performance of a func30 tion by a combination of the methods described in this paragraph.

31 (2) TRANSFER OF RESOURCES.—

32 (A) WITHIN ADMINISTRATION.—If the Administrator transfers

33 a function from one component of the Administration to another,

34 the Administrator may also provide for the transfer of appropriate

35 allocated amounts from the component that previously carried out

36 the function to the component being directed to carry out the

37 function. A transfer under this subparagraph must be reported to

38 the Director of the Office of Management and Budget.

39 (B) BETWEEN AGENCIES.—If the Administrator transfers a

40 function from one executive agency to another (including a trans41 fer to or from the Administration), the Administrator may also
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1 provide for the transfer of appropriate personnel, records, prop2 erty, and allocated amounts from the executive agency that pre3 viously carried out the function to the executive agency being di4 rected to carry out the function. A transfer under this subpara5 graph is subject to approval by the Director.

6 (f) ADVISORY COMMITTEES.—The Administrator may establish advisory

7 committees to provide advice on any function of the Administrator under

8 this subtitle. Members of the advisory committees shall serve without com9 pensation but are entitled to transportation and not more than $25 a day

10 instead of expenses under section 5703 of title 5.

11 (g) CONSULTATION WITH FEDERAL AGENCIES.—The Administrator shall

12 advise and consult with interested federal agencies and seek their advice and

13 assistance to accomplish the purposes of this subtitle.

14 (h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi15 cer or employee of the Administration, if authorized by the Administrator,

16 may administer an oath to an individual.

17 § 122. Prohibition on sex discrimination

18 (a) PROHIBITION.—With respect to a program or activity carried on or

19 receiving federal assistance under this subtitle, an individual may not be ex20 cluded from participation, denied benefits, or otherwise discriminated

21 against based on sex.

22 (b) ENFORCEMENT.—Subsection (a) shall be enforced through agency

23 provisions and rules similar to those already established with respect to ra24 cial and other discrimination under title VI of the Civil Rights Act of 1964

25 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does

26 not prejudice or remove any other legal remedies available to an individual

27 alleging discrimination.

28 § 123. Civil remedies for fraud

29 (a) IN GENERAL.—In connection with the procurement, transfer or dis30 position of property under this subtitle, a person that uses or causes to be

31 used, or enters into an agreement, combination, or conspiracy to use or

32 cause to be used, a fraudulent trick, scheme, or device for the purpose of

33 obtaining or aiding to obtain, for any person, money, property, or other ben34 efit from the Federal Government—

35 (1) shall pay to the Government an amount equal to the sum of—

36 (A) $2,000 for each act;

37 (B) two times the amount of damages sustained by the Govern38 ment because of each act; and

39 (C) the cost of suit;

40 (2) if the Government elects, shall pay to the Government, as liq41 uidated damages, an amount equal to two times the consideration that
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1 the Government agreed to give to the person, or that the person agreed

2 to give to the Government; or

3 (3) if the Government elects, shall restore to the Government the

4 money or property fraudulently obtained, with the Government retain5 ing as liquidated damages, the money, property, or other consideration

6 given to the Government.

7 (b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil rem8 edies provided in this section are in addition to all other civil remedies and

9 criminal penalties provided by law.

10 (c) IMMUNITY OF GOVERNMENT OFFICIALS.—An officer or employee of

11 the Government is not liable (except for an individual’s own fraud) or ac12 countable for collection of a purchase price that is determined to be

13 uncollectible by the federal agency responsible for property if the property

14 is transferred or disposed of in accordance with this subtitle and with regu15 lations prescribed under this subtitle.

16 (d) JURISDICTION AND VENUE.—

17 (1) DEFINITION.—In this subsection, the term ‘‘district court’’

18 means a district court of the United States or a district court of a ter19 ritory or possession of the United States.

20 (2) IN GENERAL.—A district court has original jurisdiction of an ac21 tion arising under this section, and venue is proper, if at least one de22 fendant resides or may be found in the court’s judicial district. Juris23 diction and venue are determined without regard to the place where

24 acts were committed.

25 (3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A de26 fendant that does not reside and may not be found in the court’s judi27 cial district may be brought in by order of the court, to be served per28 sonally, by publication, or in another reasonable manner directed by the

29 court.

30 § 124. Agency use of amounts for property management

31 Amounts appropriated, allocated, or available to a federal agency for pur32 poses similar to the purposes in section 121 of this title or subchapter I

33 (except section 506), II, or III of chapter 5 of this title may be used by

34 the agency for the disposition of property under this subtitle, and for the

35 care and handling of property pending the disposition, if the Director of the

36 Office of Management and Budget authorizes the use.

37 § 125. Library memberships

38 Amounts appropriated may be used, when authorized by the Adminis39 trator of General Services, for payment in advance for library memberships

40 in societies whose publications are available to members only, or to members

41 at a lower price than that charged to the general public.
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1 § 126. Reports to Congress

2 The Administrator of General Services, at times the Administrator con3 siders desirable, shall submit a report to Congress on the administration of

4 this subtitle. The report shall include any recommendation for amendment

5 of this subtitle that the Administrator considers appropriate and shall iden6 tify any law that is obsolete because of the enactment or operation of this

7 subtitle.

8 CHAPTER 3—ORGANIZATION OF GENERAL SERVICES

9 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.

10 SUBCHAPTER I—GENERAL

11 § 301. Establishment

12 The General Services Administration is an agency in the executive branch

13 of the Federal Government.

14 § 302. Administrator and Deputy Administrator

15 (a) ADMINISTRATOR.—The Administrator of General Services is the head

16 of the General Services Administration. The Administrator is appointed by

17 the President with the advice and consent of the Senate. The Administrator

18 shall perform functions subject to the direction and control of the President.

19 (b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint a Dep20 uty Administrator of General Services. The Deputy Administrator shall per21 form functions designated by the Administrator. The Deputy Administrator

22 is Acting Administrator of General Services during the absence or disability

23 of the Administrator and, unless the President designates another officer of

24 the Federal Government, when the office of Administrator is vacant.

25 § 303. Functions

26 (a) BUREAU OF FEDERAL SUPPLY.—

27 (1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the func28 tions of the Administrator of General Services include functions related

29 to the Bureau of Federal Supply in the Department of the Treasury

30 that, immediately before July 1, 1949, were functions of—

31 (A) the Bureau;
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1 (B) the Director of the Bureau;

2 (C) the personnel of the Bureau; or

3 (D) the Secretary of the Treasury.

4 (2) FUNCTIONS NOT TRANSFERRED.—The functions of the Adminis5 trator of General Services do not include functions retained in the De6 partment of the Treasury under section 102(c) of the Federal Property

7 and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380).

8 (b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD9 INGS.—The functions of the Administrator of General Services include func10 tions related to the Federal Works Agency and functions related to the

11 Commissioner of Public Buildings that, immediately before July 1, 1949,

12 were functions of—

13 (1) the Federal Works Agency;

14 (2) the Federal Works Administrator; or

15 (3) the Commissioner of Public Buildings.

16 § 304. Federal information centers

17 The Administrator of General Services may establish within the General

18 Services Administration a nationwide network of federal information centers

19 for the purpose of providing the public with information about the programs

20 and procedures of the Federal Government and for other appropriate and

21 related purposes.

22 SUBCHAPTER II—ADMINISTRATIVE

23 § 311. Personnel

24 (a) APPOINTMENT AND COMPENSATION.—The Administrator of General

25 Services, subject to chapters 33 and 51 and subchapter III of chapter 53

26 of title 5, may appoint and fix the compensation of personnel necessary to

27 carry out chapters 1, 3, and 5 of this title and title III of the Federal Prop28 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

29 (b) TEMPORARY EMPLOYMENT.—The Administrator may procure the

30 temporary or intermittent services of experts or consultants under section

31 3109 of title 5 to the extent the Administrator finds necessary to carry out

32 chapters 1, 3, and 5 of this title and title III of the Federal Property and

33 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

34 (c) PERSONNEL FROM OTHER AGENCIES.—Notwithstanding section 973

35 of title 10 or any other law, in carrying out functions under this subtitle

36 the Administrator may use the services of personnel (including armed serv37 ices personnel) from an executive agency other than the General Services

38 Administration with the consent of the head of the agency.

39 (d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—The

40 Administrator, in the Administrator’s discretion, may detail field personnel

41 of the Administration to the District of Columbia for temporary duty for
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1 a period of not more than 30 days in any one case. Subsistence or similar

2 expenses may not be allowed for an employee on temporary duty in the Dis3 trict of Columbia under this paragraph.

4 § 312. Transfer and use of amounts for major equipment ac5 quisitions

6 (a) IN GENERAL.—Subject to subsection (b), unobligated balances of

7 amounts appropriated or otherwise made available to the General Services

8 Administration for operating expenses and salaries and expenses may be

9 transferred and merged into the ‘‘Major equipment acquisitions and develop10 ment activity’’ of the Salaries and Expenses, General Management and Ad11 ministration appropriation account for—

12 (1) agency-wide acquisition of capital equipment, automated data

13 processing systems; and

14 (2) financial management and management information systems

15 needed to implement the Chief Financial Officers Act of 1990 (Public

16 Law 101–576, 104 Stat. 2838) and other laws or regulations.

17 (b) REQUIREMENTS AND AVAILABILITY.—

18 (1) TIME FOR TRANSFER.—Transfer of an amount under this section

19 must be done no later than the end of the fifth fiscal year after the

20 fiscal year for which the amount is appropriated or otherwise made

21 available.

22 (2) APPROVAL FOR USE.—An amount transferred under this section

23 may be used only with the advance approval of the Committees on Ap24 propriations of the House of Representatives and the Senate.

25 (3) AVAILABILITY.—An amount transferred under this section re26 mains available until expended.

27 § 313. Tests of materials

28 (a) SCOPE.—This section applies to any article or commodity tendered by

29 a producer or vendor for sale or lease to the General Services Administra30 tion or to any procurement authority acting under the direction and control

31 of the Administrator of General Services pursuant to this subtitle.

32 (b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Admin33 istrator’s discretion and with the consent of the producer or vendor, may

34 have tests conducted, in a manner the Administrator specifies, to—

35 (1) determine whether an article or commodity conforms to pre36 scribed specifications and standards; or

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

38 (c) FEES.—

39 (1) IN GENERAL.—The Administrator shall charge the producer or

40 vendor a fee for the tests.
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1 (2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST

2 OF PRODUCER OR VENDOR.—If the Administrator determines that con3 ducting the tests predominantly serves the interest of the producer or

4 vendor, the Administrator shall fix the fee in an amount that will re5 cover the costs of conducting the tests, including all components of the

6 costs, determined in accordance with accepted accounting principles.

7 (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN8 TEREST OF PRODUCER OR VENDOR.—If the Administrator determines

9 that conducting the tests does not predominantly serve the interest of

10 the producer or vendor, the Administrator shall fix the fee in an

11 amount the Administrator determines is reasonable for furnishing the

12 testing service.

13 SUBCHAPTER III—FUNDS

14 § 321. General Supply Fund

15 (a) EXISTENCE.—The General Supply Fund is a special fund in the

16 Treasury.

17 (b) COMPOSITION.—

18 (1) IN GENERAL.—The Fund is composed of amounts appropriated

19 to the Fund and the value, as determined by the Administrator of Gen20 eral Services, of personal property transferred from executive agencies

21 to the Administrator under section 501(d) of this title to the extent

22 that payment is not made or credit allowed for the property.

23 (2) OTHER CREDITS.—

24 (A) IN GENERAL.—The Fund shall be credited with all reim25 bursements, advances, and refunds or recoveries relating to per26 sonal property or services procured through the Fund, including—

27 (i) the net proceeds of disposal of surplus personal prop28 erty; and

29 (ii) receipts from carriers and others for loss of, or damage

30 to, personal property.

31 (B) REAPPROPRIATION.—Amounts credited under this para32 graph are reappropriated for the purposes of the Fund.

33 (3) DEPOSIT OF FEES.—Fees collected by the Administrator under

34 section 313 of this title may be deposited in the Fund to be used for

35 the purposes of the Fund.

36 (c) USES.—

37 (1) IN GENERAL.—The Fund is available for use by or under the di38 rection and control of the Administrator for—

39 (A) procuring, for the use of federal agencies in the proper dis40 charge of their responsibilities—
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1 (i) personal property (including the purchase from or

2 through the Public Printer, for warehouse issue, of standard

3 forms, blankbook work, standard specifications, and other

4 printed material in common use by federal agencies and not

5 available through the Superintendent of Documents); and

6 (ii) nonpersonal services;

7 (B) paying the purchase price, cost of transportation of personal

8 property and services, and cost of personal services employed di9 rectly in the repair, rehabilitation, and conversion of personal

10 property; and

11 (C) paying other direct costs of, and indirect costs that are rea12 sonably related to, contracting, procurement, inspection, storage,

13 management, distribution, and accountability of property and non14 personal services provided by the General Services Administration

15 or by special order through the Administration.

16 (2) OTHER USES.—The Fund may be used for the procurement of

17 personal property and nonpersonal services authorized to be acquired

18 by—

19 (A) mixed-ownership Government corporations;

20 (B) the municipal government of the District of Columbia; or

21 (C) a requisitioning non-federal agency when the function of a

22 federal agency authorized to procure for it is transferred to the

23 Administration.

24 (d) PAYMENT FOR PROPERTY AND SERVICES.—

25 (1) IN GENERAL.—For property or services procured through the

26 Fund for requisitioning agencies, the agencies shall pay prices the Ad27 ministrator fixes under this subsection.

28 (2) PRICES FIXED BY ADMINISTRATOR.—The Administrator shall fix

29 prices at levels sufficient to recover—

30 (A) so far as practicable—

31 (i) the purchase price;

32 (ii) the transportation cost;

33 (iii) inventory losses;

34 (iv) the cost of personal services employed directly in the

35 repair, rehabilitation, and conversion of personal property;

36 and

37 (v) the cost of amortization and repair of equipment used

38 for lease or rent to executive agencies; and

39 (B) properly allocable costs payable by the Fund under sub40 section (c)(1)(C).

41 (3) TIMING OF PAYMENTS.—
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1 (A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay

2 in advance when the Administrator determines that there is insuf3 ficient capital otherwise available in the Fund. Payment in ad4 vance may also be made under an agreement between a requisi5 tioning agency and the Administrator.

6 (B) PROMPT REIMBURSEMENT.—If payment is not made in ad7 vance, the Administration shall be reimbursed promptly out of

8 amounts of the requisitioning agency in accordance with account9 ing procedures approved by the Comptroller General.

10 (C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Ad11 ministrator may obtain reimbursement by the issuance of transfer

12 and counterwarrants, or other lawful transfer documents, sup13 ported by itemized invoices, if payment is not made by a requisi14 tioning agency within 45 days after the later of—

15 (i) the date of billing by the Administrator; or

16 (ii) the date on which actual liability for personal property

17 or services is incurred by the Administrator.

18 (e) REIMBURSEMENT FOR EQUIPMENT PURCHASED FOR CONGRESS.—

19 The Administrator may accept periodic reimbursement from the Senate and

20 from the House of Representatives for the cost of any equipment purchased

21 for the Senate or the House of Representatives with money from the Fund.

22 The amount of each periodic reimbursement shall be computed by amor23 tizing the total cost of each item of equipment over the useful life of the

24 equipment, as determined by the Administrator, in consultation with the

25 Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative

26 Officer of the House of Representatives, as appropriate.

27 (f) TREATMENT OF SURPLUS.—

28 (1) SURPLUS DEPOSITED IN TREASURY.—As of September 30 of

29 each year, any surplus in the Fund above the amounts transferred or

30 appropriated to establish and maintain the Fund (all assets, liabilities,

31 and prior losses considered) shall be deposited in the Treasury as mis32 cellaneous receipts.

33 (2) SURPLUS RETAINED.—From any surplus generated by operation

34 of the Fund, the Administrator may retain amounts necessary to main35 tain a sufficient level of inventory of personal property to meet the

36 needs of the federal agencies.

37 (g) AUDITS.—The Comptroller General shall audit the Fund in accord38 ance with the provisions of chapter 35 of title 31 and report the results of

39 the audits.
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1 § 322. Information Technology Fund

2 (a) EXISTENCE.—There is an Information Technology Fund in the

3 Treasury.

4 (b) COST AND CAPITAL REQUIREMENTS.—

5 (1) IN GENERAL.—The Administrator of General Services shall de6 termine the cost and capital requirements of the Fund for each fiscal

7 year. The cost and capital requirements may include amounts—

8 (A) needed to purchase (if the Administrator has determined

9 that purchase is the least costly alternative) information proc10 essing and transmission equipment, software, systems, and oper11 ating facilities necessary to provide services;

12 (B) resulting from operations of the Fund, including the net

13 proceeds from the disposal of excess or surplus personal property

14 and receipts from carriers and others for loss or damage to prop15 erty; and

16 (C) that are appropriated, authorized to be transferred, or oth17 erwise made available to the Fund.

18 (2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDG19 ET.—The Administrator shall submit plans concerning the cost and

20 capital requirements determined under this section, and other informa21 tion as may be requested, for review and approval by the Director of

22 the Office of Management and Budget. Plans submitted under this sec23 tion fulfill the requirements of sections 1512 and 1513 of title 31.

24 (3) ADJUSTMENTS.—Any change to the cost and capital require25 ments of the Fund for a fiscal year shall be made in the same manner

26 as the initial fiscal year determination.

27 (c) USE.—

28 (1) IN GENERAL.—The Fund is available for expenses, including per29 sonal services and other costs, and for procurement (by lease, purchase,

30 transfer, or otherwise) to efficiently provide information technology re31 sources to federal agencies and to efficiently manage, coordinate, oper32 ate, and use those resources.

33 (2) SPECIFICALLY INCLUDED ITEMS.—Information technology re34 sources provided under this section include information processing and

35 transmission equipment, software, systems, operating facilities, sup36 plies, and related services including maintenance and repair.

37 (3) CANCELLATION COSTS.—Any cancellation costs incurred for a

38 contract entered into under subsection (e) shall be paid from money

39 currently available in the Fund.

40 (4) NO FISCAL YEAR LIMITATION.—The Fund is available without

41 fiscal year limitation.
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1 (d) CHARGES TO AGENCIES.—If the Director approves plans submitted

2 by the Administrator under subsection (b), the Administrator shall establish

3 rates, consistent with the approval, to be charged to agencies for informa4 tion technology resources provided through the Fund.

5 (e) CONTRACT AUTHORITY.—

6 (1) IN GENERAL.—In operating the Fund, the Administrator may

7 enter into multiyear contracts, not longer than 5 years, to provide in8 formation technology hardware, software, or services if—

9 (A) amounts are available and adequate to pay the costs of the

10 contract for the first fiscal year and any costs of cancellation or

11 termination;

12 (B) the contract is awarded on a fully competitive basis; and

13 (C) the Administrator determines that—

14 (i) the need for the information technology hardware, soft15 ware, or services being provided will continue over the period

16 of the contract;

17 (ii) the use of the multiyear contract will yield substantial

18 cost savings when compared with other methods of providing

19 the necessary resources; and

20 (iii) the method of contracting will not exclude small busi21 ness participation.

22 (2) EFFECT ON OTHER LAW.—This subsection does not limit the au23 thority of the Administrator to procure equipment and services under

24 sections 501–505 of this title.

25 (f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each fis26 cal year, any uncommitted balance remaining in the Fund, after making

27 provision for anticipated operating needs as determined by the Office of

28 Management and Budget, shall be transferred to the Treasury as miscella29 neous receipts.

30 (g) ANNUAL REPORT.—The Administrator shall report annually to the

31 Director on the operation of the Fund. The report must address the inven32 tory, use, and acquisition of information processing equipment and identify

33 any proposed increases to the capital of the Fund.

34 § 323. Consumer Information Center Fund

35 (a) EXISTENCE.—There is in the Treasury a Consumer Information Cen36 ter Fund, General Services Administration, for the purpose of disseminating

37 Federal Government consumer information to the public and for other re38 lated purposes.

39 (b) DEPOSITS.—Money shall be deposited into the Fund from—

40 (1) appropriations from the Treasury for Consumer Information

41 Center activities;
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1 (2) user fees from the public;

2 (3) reimbursements from other federal agencies for costs of distrib3 uting publications; and

4 (4) any other income incident to Center activities.

5 (c) EXPENDITURES.—Money deposited into the Fund is available for ex6 penditure for Center activities in amounts specified in appropriation laws.

7 The Fund shall assume all liabilities, obligations, and commitments of the

8 Center account.

9 (d) UNOBLIGATED BALANCES.—Any unobligated balances at the end of

10 a fiscal year remain in the Fund and are available for authorization in ap11 propriation laws for subsequent fiscal years.

12 (e) GIFT ACCOUNT.—The Center may accept and deposit to this account

13 gifts for purposes of defraying the costs of printing, publishing, and distrib14 uting consumer information and educational materials and undertaking

15 other consumer information activities. In addition to amounts appropriated

16 or otherwise made available, the Center may expend the gifts for these pur17 poses and any balance remains available for expenditure.

18 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.
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557. Donation of books to Free Public Library.

558. Donation of forfeited vessels.

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

SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

571. General rules for deposit and use of proceeds.

572. Real property.

573. Personal property.

574. Other rules regarding proceeds.

SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES

581. General authority of Administrator of General Services.

582. Management of buildings by Administrator of General Services.

583. Construction of buildings.

584. Assignment and reassignment of space.

585. Lease agreements.

586. Charges for space and services.

587. Telecommuting and other alternative workplace arrangements.

588. Movement and supply of office furniture.

589. Installation, repair, and replacement of sidewalks.

590. Child care.

591. Purchase of electricity.

592. Federal Buildings Fund.

593. Protection for veterans preference employees.

SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

601. Purposes.

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

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

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

605. Payment of costs.

606. Regulations related to operation.

607. Records.

608. Scrip, tokens, tickets.

609. Identification of vehicles.

610. Discontinuance of motor vehicle pool or system.

611. Duty to report violations.

1 SUBCHAPTER I—PROCUREMENT AND WAREHOUSING

2 § 501. Services for executive agencies

3 (a) AUTHORITY OF ADMINISTRATOR OF GENERAL SERVICES.—

4 (1) IN GENERAL.—The Administrator of General Services shall take

5 action under this subchapter for an executive agency—

6 (A) to the extent that the Administrator of General Services de7 termines that the action is advantageous to the Federal Govern8 ment in terms of economy, efficiency, or service; and

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

10 (2) EXEMPTION FOR DEFENSE.—The Secretary of Defense may ex11 empt the Department of Defense from an action taken by the Adminis12 trator of General Services under this subchapter, unless the President

13 directs otherwise, whenever the Secretary determines that an exemption

14 is in the best interests of national security.

15 (b) PROCUREMENT AND SUPPLY.—

16 (1) FUNCTIONS.—

17 (A) IN GENERAL.—The Administrator of General Services shall

18 procure and supply personal property and nonpersonal services for
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1 executive agencies to use in the proper discharge of their respon2 sibilities, and perform functions related to procurement and supply

3 including contracting, inspection, storage, issue, property identi4 fication and classification, transportation and traffic management,

5 management of public utility services, and repairing and con6 verting.

7 (B) PUBLIC UTILITY CONTRACTS.—A contract for public utility

8 services may be made for a period of not more than 10 years.

9 (2) POLICIES AND METHODS.—

10 (A) IN GENERAL.—The Administrator of General Services shall

11 prescribe policies and methods for executive agencies regarding the

12 procurement and supply of personal property and nonpersonal

13 services and related functions.

14 (B) CONTROLLING REGULATION.—Policies and methods pre15 scribed by the Administrator of General Services under this para16 graph are subject to regulations prescribed by the Administrator

17 for Federal Procurement Policy under the Office of Federal Pro18 curement Policy Act (41 U.S.C. 401 et seq.).

19 (c) REPRESENTATION.—For transportation and other public utility serv20 ices used by executive agencies, the Administrator of General Services shall

21 represent the agencies—

22 (1) in negotiations with carriers and other public utilities; and

23 (2) in proceedings involving carriers or other public utilities before

24 federal and state regulatory bodies.

25 (d) FACILITIES.—The Administrator of General Services shall operate,

26 for executive agencies, warehouses, supply centers, repair shops, fuel yards,

27 and other similar facilities. After consultation with the executive agencies

28 affected, the Administrator of General Services shall consolidate, take over,

29 or arrange for executive agencies to operate the facilities.

30 § 502. Services for other entities

31 (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORA32 TIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator

33 of General Services shall provide, to the extent practicable, any of the serv34 ices specified in section 501 of this title to—

35 (1) a federal agency;

36 (2) a mixed-ownership Government corporation (as defined in section

37 9101 of title 31); or

38 (3) the District of Columbia.

39 (b) QUALIFIED NONPROFIT AGENCIES.—
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1 (1) IN GENERAL.—On request, the Administrator may provide, to

2 the extent practicable, any of the services specified in section 501 of

3 this title to an agency that is—

4 (A)(i) a qualified nonprofit agency for the blind (as defined in

5 section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3)));

6 or

7 (ii) a qualified nonprofit agency for other severely handicapped

8 (as defined in section 5(4) of the Javits-Wagner-O’Day Act (41

9 U.S.C. 48b(4))); and

10 (B) providing a commodity or service to the Federal Govern11 ment under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).

12 (2) USE OF SERVICES.—A nonprofit agency receiving services under

13 this subsection shall use the services directly in making or providing

14 to the Government a commodity or service that has been determined

15 by the Committee for Purchase From People Who Are Blind or Se16 verely Disabled under section 2 of the Javits-Wagner-O’Day Act (41

17 U.S.C. 47) to be suitable for procurement by the Government.

18 § 503. Exchange or sale of similar items

19 (a) AUTHORITY OF EXECUTIVE AGENCIES.—In acquiring personal prop20 erty, an executive agency may exchange or sell similar items and may apply

21 the exchange allowance or proceeds of sale in whole or in part payment for

22 the property acquired.

23 (b) APPLICABLE REGULATION AND LAW.—

24 (1) REGULATIONS PRESCRIBED BY ADMINISTRATOR OF GENERAL

25 SERVICES.—A transaction under subsection (a) must be carried out in

26 accordance with regulations the Administrator of General Services pre27 scribes, subject to regulations prescribed by the Administrator for Fed28 eral Procurement Policy under the Office of Federal Procurement Pol29 icy Act (41 U.S.C. 401 et seq.).

30 (2) IN WRITING.—A transaction under subsection (a) must be evi31 denced in writing.

32 (3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the Re33 vised Statutes (41 U.S.C. 5) applies to a sale of property under sub34 section (a), except that fixed price sales may be conducted in the same

35 manner and subject to the same conditions as are applicable to the sale

36 of property under section 545(d) of this title.

37 § 504. Agency cooperation for inspection

38 (a) RECEIVING ASSISTANCE.—An executive agency may use the services,

39 work, materials, and equipment of another executive agency, with the con40 sent of the other executive agency, to inspect personal property incident to

41 procuring the property.
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1 (b) PROVIDING ASSISTANCE.—Notwithstanding section 1301(a) of title

2 31 or any other law, an executive agency may provide services, work, mate3 rials, and equipment for purposes of this section without reimbursement or

4 transfer of amounts.

5 (c) POLICIES AND METHODS.—The use or provision of services, work,

6 materials, and equipment under this section must be in conformity with

7 policies and methods the Administrator of General Services prescribes under

8 section 501 of this title.

9 § 505. Exchange or transfer of medical supplies

10 (a) EXCESS PROPERTY DETERMINATION.—

11 (1) IN GENERAL.—Medical materials or supplies an executive agency

12 holds for national emergency purposes are considered excess property

13 for purposes of subchapter II when the head of the agency determines

14 that—

15 (A) the remaining storage or shelf life is too short to justify

16 continued retention for national emergency purposes; and

17 (B) transfer or other disposal is in the national interest.

18 (2) TIMING.—To the greatest extent practicable, the head of the

19 agency shall make the determination in sufficient time to allow for the

20 transfer or other disposal and use of medical materials or supplies be21 fore their shelf life expires and they are rendered unfit for human use.

22 (b) TRANSFER OR EXCHANGE.—

23 (1) IN GENERAL.—In accordance with regulations the Administrator

24 of General Services prescribes, medical materials or supplies considered

25 excess property may be transferred to another federal agency or ex26 changed with another federal agency for other medical materials or

27 supplies.

28 (2) USE OF PROCEEDS.—Any proceeds derived from a transfer under

29 this section may be credited to the current applicable appropriation or

30 fund of the transferor agency and shall be available only to purchase

31 medical materials or supplies to be held for national emergency pur32 poses.

33 (3) DISPOSAL AS SURPLUS PROPERTY.—If the materials or supplies

34 are not transferred to or exchanged with another federal agency, they

35 shall be disposed of as surplus property.

36 § 506. Inventory controls and systems

37 (a) ACTIVITIES OF THE ADMINISTRATOR OF GENERAL SERVICES.—

38 (1) IN GENERAL.—Subject to paragraph (2), and after adequate ad39 vance notice to affected executive agencies, the Administrator of Gen40 eral Services may undertake the following activities as necessary to

41 carry out functions under this chapter:
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1 (A) SURVEYS AND REPORTS.—Survey and obtain executive

2 agency reports on Federal Government property and property

3 management practices.

4 (B) INVENTORY LEVELS.—Cooperate with executive agencies to

5 establish reasonable inventory levels for property stocked by them,

6 and report any excessive inventory levels to Congress and to the

7 Director of the Office of Management and Budget.

8 (C) FEDERAL SUPPLY CATALOG SYSTEM.—Establish and main9 tain a uniform federal supply catalog system that is appropriate

10 to identify and classify personal property under the control of fed11 eral agencies.

12 (D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

13 FORMS AND PROCEDURES.—Prescribe standard purchase specifica14 tions and standard forms and procedures (except forms and proce15 dures that the Comptroller General prescribes by law) subject to

16 regulations the Administrator for Federal Procurement Policy pre17 scribes under the Office of Federal Procurement Policy Act (41

18 U.S.C. 401 et seq.).

19 (2) SPECIAL CONSIDERATIONS REGARDING DEPARTMENT OF DE20 FENSE.—

21 (A) IN GENERAL.—The Administrator of General Services shall

22 carry out activities under paragraph (1) with due regard to the

23 requirements of the Department of Defense, as determined by the

24 Secretary of Defense.

25 (B) FEDERAL SUPPLY CATALOG SYSTEM.—In establishing and

26 maintaining a uniform federal supply catalog system under para27 graph (1)(C), the Administrator of General Services and the Sec28 retary shall coordinate to avoid unnecessary duplication.

29 (b) ACTIVITIES OF FEDERAL AGENCIES.—Each federal agency shall use

30 the uniformed federal supply catalog system, the standard purchase speci31 fications, and the standard forms and procedures established under sub32 section (a), except as the Administrator of General Services, considering ef33 ficiency, economy, or other interests of the Government, may otherwise pro34 vide.

35 (c) AUDIT OF PROPERTY ACCOUNTS.—The Comptroller General shall

36 audit all types of property accounts and transactions. Audits shall be con37 ducted at the time and in the manner the Comptroller General decides and

38 as far as practicable at the place where the property or records of the execu39 tive agencies are kept. Audits shall include an evaluation of the effectiveness

40 of internal controls and audits, and a general audit of the discharge of ac-
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1 countability for Government-owned or controlled property, based on gen2 erally accepted principles of auditing.

3 SUBCHAPTER II—USE OF PROPERTY

4 § 521. Policies and methods

5 Subject to section 523 of this title, in order to minimize expenditures for

6 property, the Administrator of General Services shall—

7 (1) prescribe policies and methods to promote the maximum use of

8 excess property by executive agencies; and

9 (2) provide for the transfer of excess property—

10 (A) among federal agencies; and

11 (B) to the organizations specified in section 321(c)(2) of this

12 title.

13 § 522. Reimbursement for transfer of excess property

14 (a) IN GENERAL.—Subject to subsections (b) and (c) of this section, the

15 Administrator of General Services, with the approval of the Director of the

16 Office of Management and Budget, shall prescribe the amount of reimburse17 ment required for a transfer of excess property.

18 (b) REIMBURSEMENT AT FAIR VALUE.—The amount of reimbursement

19 required for a transfer of excess property is the fair value of the property,

20 as determined by the Administrator, if—

21 (1) net proceeds are requested under section 574(a) of this title; or

22 (2) either the transferor or the transferee agency (or the organiza23 tional unit affected) is—

24 (A) subject to chapter 91 of title 31; or

25 (B) an organization specified in section 321(c)(2) of this title.

26 (c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUP27 PLY CENTERS.—Excess property determined by the Administrator to be

28 suitable for distribution through the supply centers of the General Services

29 Administration shall be retransferred at prices set by the Administrator

30 with due regard to prices established under section 321(d) of this title.

31 § 523. Excess real property located on Indian reservations

32 (a) PROCEDURES FOR TRANSFER.—The Administrator of General Serv33 ices shall prescribe procedures necessary to transfer to the Secretary of the

34 Interior, without compensation, excess real property located within the res35 ervation of any group, band, or tribe of Indians that is recognized as eligible

36 for services by the Bureau of Indian Affairs.

37 (b) PROPERTY HELD IN TRUST.—

38 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec39 retary shall hold excess real property transferred under this section in

40 trust for the benefit and use of the group, band, or tribe of Indians,

41 within whose reservation the excess real property is located.
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1 (2) SPECIAL REQUIREMENT FOR OKLAHOMA.—The Secretary shall

2 hold excess real property that is located in Oklahoma and transferred

3 under this section in trust for Oklahoma Indian tribes recognized by

4 the Secretary if the real property—

5 (A) is located within boundaries of former reservations in Okla6 homa, as defined by the Secretary, and was held in trust by the

7 Federal Government for an Indian tribe when the Government ac8 quired it; or

9 (B) is contiguous to real property presently held in trust by the

10 Government for an Oklahoma Indian tribe and was held in trust

11 by the Government for an Indian tribe at any time.

12 § 524. Duties of executive agencies

13 (a) REQUIRED.—Each executive agency shall—

14 (1) maintain adequate inventory controls and accountability systems

15 for property under its control;

16 (2) continuously survey property under its control to identify excess

17 property;

18 (3) promptly report excess property to the Administrator of General

19 Services;

20 (4) perform the care and handling of excess property; and

21 (5) transfer or dispose of excess property as promptly as possible in

22 accordance with authority delegated and regulations prescribed by the

23 Administrator.

24 (b) REQUIRED AS FAR AS PRACTICABLE.—Each executive agency, as far

25 as practicable, shall—

26 (1) reassign property to another activity within the agency when the

27 property is no longer required for the purposes of the appropriation

28 used to make the purchase;

29 (2) transfer excess property under its control to other federal agen30 cies and to organizations specified in section 321(c)(2) of this title; and

31 (3) obtain excess property from other federal agencies.

32 § 525. Excess personal property for federal agency grantees

33 (a) GENERAL PROHIBITION.—A federal agency is prohibited from obtain34 ing excess personal property for the purpose of furnishing the property to

35 a grantee of the agency, except as provided in this section.

36 (b) EXCEPTION FOR PUBLIC AGENCIES AND TAX-EXEMPT NONPROFIT

37 ORGANIZATIONS.—

38 (1) IN GENERAL.—Under regulations the Administrator of General

39 Services may prescribe, a federal agency may obtain excess personal

40 property for the purpose of furnishing it to a public agency or an orga-
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1 nization that is nonprofit and exempt from taxation under section 501

2 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if—

3 (A) the agency or organization is conducting a federally spon4 sored project pursuant to a grant made for a specific purpose with

5 a specific termination provision;

6 (B) the property is to be furnished for use in connection with

7 the grant; and

8 (C)(i) the sponsoring federal agency pays an amount equal to

9 25 percent of the original acquisition cost (except for costs of care

10 and handling) of the excess property; and

11 (ii) the amount is deposited in the Treasury as miscellaneous re12 ceipts.

13 (2) TITLE.—Title to excess property obtained under this subsection

14 vests in the grantee. The grantee shall account for and dispose of the

15 property in accordance with procedures governing accountability for

16 personal property acquired under grant agreements.

17 (c) EXCEPTION FOR CERTAIN PROPERTY FURNISHED BY SECRETARY OF

18 AGRICULTURE.—

19 (1) DEFINITION.—In this subsection, the term ‘‘State’’ means a

20 State of the United States, Puerto Rico, Guam, American Samoa, the

21 Northern Mariana Islands, the Federated States of Micronesia, the

22 Marshall Islands, Palau, the Virgin Islands, and the District of Colum23 bia.

24 (2) IN GENERAL.—Under regulations and restrictions the Adminis25 trator may prescribe, subsection (a) does not apply to property fur26 nished by the Secretary of Agriculture to—

27 (A) a state or county extension service engaged in cooperative

28 agricultural extension work under the Smith-Lever Act (7 U.S.C.

29 341 et seq.);

30 (B) a state experiment station engaged in cooperative agricul31 tural research work under the Hatch Act of 1887 (7 U.S.C. 361a

32 et seq.); or

33 (C) an institution engaged in cooperative agricultural research

34 or extension work under section 1433, 1434, 1444, or 1445 of the

35 National Agricultural Research, Extension, and Teaching Policy

36 Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act

37 of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Gov38 ernment retains title.

39 (d) OTHER EXCEPTIONS.—Under regulations and restrictions the Admin40 istrator may prescribe, subsection (a) does not apply to—
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1 (1) property furnished under section 608 of the Foreign Assistance

2 Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator

3 determines that the property is not needed for donation under section

4 549 of this title;

5 (2) scientific equipment furnished under section 11(e) of the Na6 tional Science Foundation Act of 1950 (42 U.S.C. 1870(e));

7 (3) property furnished under section 203 of the Department of Agri8 culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the

9 Cooperative Forest Fire Control Program, if the Government retains

10 title; or

11 (4) property furnished in connection with a grant to a tribe, as de12 fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.

13 1452(c)).

14 § 526. Temporary assignment of excess real property

15 (a) ASSIGNMENT OF SPACE.—The Administrator of General Services may

16 temporarily assign or reassign space in excess real property to a federal

17 agency, for use as office or storage space or for a related purpose, if the

18 Administrator determines that assignment or reassignment is more advan19 tageous than permanent transfer. The Administrator shall determine the

20 duration of the assignment or reassignment.

21 (b) REIMBURSEMENT FOR MAINTENANCE.—If there is no appropriation

22 available to the Administrator for the expense of maintaining the space, the

23 Administrator may obtain appropriate reimbursement from the federal

24 agency.

25 § 527. Abandonment, destruction, or donation of property

26 The Administrator of General Services may authorize the abandonment

27 or destruction of property, or the donation of property to a public body, if—

28 (1) the property has no commercial value; or

29 (2) the estimated cost of continued care and handling exceeds the

30 estimated proceeds from sale.

31 § 528. Utilization of excess furniture

32 A department or agency of the Federal Government may not use amounts

33 provided by law to purchase furniture if the Administrator of General Serv34 ices determines that requirements can reasonably be met by transferring ex35 cess furniture, including rehabilitated furniture, from other departments or

36 agencies pursuant to this subtitle.

37 § 529. Annual executive agency reports on excess personal

38 property

39 (a) IN GENERAL.—During the calendar quarter following the close of

40 each fiscal year, each executive agency shall submit to the Administrator of

41 General Services a report on personal property—
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1 (1) obtained as—

2 (A) excess property; or

3 (B) personal property determined to be no longer required for

4 the purpose of the appropriation used to make the purchase; and

5 (2) furnished within the United States to a recipient other than a

6 federal agency.

7 (b) REQUIRED INFORMATION.—The report must set out the categories of

8 equipment and show—

9 (1) the acquisition cost of the property;

10 (2) the recipient of the property; and

11 (3) other information the Administrator may require.

12 SUBCHAPTER III—DISPOSING OF PROPERTY

13 § 541. Supervision and direction

14 Except as otherwise provided in this subchapter, the Administrator of

15 General Services shall supervise and direct the disposition of surplus prop16 erty in accordance with this subtitle.

17 § 542. Care and handling

18 The disposal of surplus property, and the care and handling of the prop19 erty pending disposition, may be performed by the General Services Admin20 istration or, when the Administrator of General Services decides, by the ex21 ecutive agency in possession of the property or by any other executive agen22 cy that agrees.

23 § 543. Method of disposition

24 An executive agency designated or authorized by the Administrator of

25 General Services to dispose of surplus property may do so by sale, exchange,

26 lease, permit, or transfer, for cash, credit, or other property, with or without

27 warranty, on terms and conditions that the Administrator considers proper.

28 The agency may execute documents to transfer title or other interest in the

29 property and may take other action it considers necessary or proper to dis30 pose of the property under this chapter.

31 § 544. Validity of transfer instruments

32 A deed, bill of sale, lease, or other instrument executed by or on behalf

33 of an executive agency purporting to transfer title or other interest in sur34 plus property under this chapter is conclusive evidence of compliance with

35 the provisions of this chapter concerning title or other interest of a bona

36 fide grantee or transferee for value and without notice of lack of compliance.

37 § 545. Procedure for disposal

38 (a) PUBLIC ADVERTISING FOR BIDS.—

39 (1) REQUIREMENT.—

40 (A) IN GENERAL.—Except as provided in subparagraph (B), the

41 Administrator of General Services may make or authorize a dis-
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1 posal or a contract for disposal of surplus property only after pub2 lic advertising for bids, under regulations the Administrator pre3 scribes.

4 (B) EXCEPTIONS.—This subsection does not apply to disposal

5 or a contract for disposal of surplus property—

6 (i) under subsection (b) or (d); or

7 (ii) by abandonment, destruction, or donation or through a

8 contract broker.

9 (2) TIME, METHOD, AND TERMS.—The time, method, and terms and

10 conditions of advertisement must permit full and free competition con11 sistent with the value and nature of the property involved.

12 (3) PUBLIC DISCLOSURE.—Bids must be publicly disclosed at the

13 time and place stated in the advertisement.

14 (4) AWARDS.—An award shall be made with reasonable promptness

15 by notice to the responsible bidder whose bid, conforming to the invita16 tion for bids, is most advantageous to the Federal Government, price

17 and other factors considered. However, all bids may be rejected if it

18 is in the public interest to do so.

19 (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator pre20 scribes, disposals and contracts for disposal may be negotiated without re21 gard to subsection (a), but subject to obtaining competition that is feasible

22 under the circumstances, if—

23 (1) necessary in the public interest—

24 (A) during the period of a national emergency declared by the

25 President or Congress, with respect to a particular lot of personal

26 property; or

27 (B) for a period not exceeding three months, with respect to a

28 specifically described category of personal property as determined

29 by the Administrator;

30 (2) the public health, safety, or national security will be promoted

31 by a particular disposal of personal property;

32 (3) public exigency will not allow delay incident to advertising certain

33 personal property;

34 (4) the nature and quantity of personal property involved are such

35 that disposal under subsection (a) would impact an industry to an ex36 tent that would adversely affect the national economy, and the esti37 mated fair market value of the property and other satisfactory terms

38 of disposal can be obtained by negotiation;

39 (5) the estimated fair market value of the property involved does not

40 exceed $15,000;
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1 (6) after advertising under subsection (a), the bid prices for the

2 property, or part of the property, are not reasonable or have not been

3 independently arrived at in open competition;

4 (7) with respect to real property, the character or condition of the

5 property or unusual circumstances make it impractical to advertise

6 publicly for competitive bids and the fair market value of the property

7 and other satisfactory terms of disposal can be obtained by negotiation;

8 (8) the disposal will be to a State, territory, or possession of the

9 United States, or to a political subdivision of, or a tax-supported agen10 cy in, a State, territory, or possession, and the estimated fair market

11 value of the property and other satisfactory terms of disposal are ob12 tained by negotiation; or

13 (9) otherwise authorized by law.

14 (c) DISPOSAL THROUGH CONTRACT BROKERS.—Disposals and contracts

15 for disposal of surplus real and related personal property through contract

16 realty brokers employed by the Administrator shall be made in the manner

17 followed in similar commercial transactions under regulations the Adminis18 trator prescribes. The regulations must require that brokers give wide public

19 notice of the availability of the property for disposal.

20 (d) NEGOTIATED SALE AT FIXED PRICE.—

21 (1) AUTHORIZATION.—The Administrator may make a negotiated

22 sale of personal property at a fixed price, either directly or through the

23 use of a disposal contractor, without regard to subsection (a). However,

24 the sale must be publicized to an extent consistent with the value and

25 nature of the property involved and the price established must reflect

26 the estimated fair market value of the property. Sales under this sub27 section are limited to categories of personal property for which the Ad28 ministrator determines that disposal under this subsection best serves

29 the interests of the Government.

30 (2) FIRST OFFER.—Under regulations and restrictions the Adminis31 trator prescribes, an opportunity to purchase property at a fixed price

32 under this subsection may be offered first to an entity specified in sub33 section (b)(8) that has expressed an interest in the property.

34 (e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—

35 (1) REQUIREMENT.—

36 (A) IN GENERAL.—Except as provided in subparagraph (B), an

37 explanatory statement of the circumstances shall be prepared for

38 each disposal by negotiation of—

39 (i) personal property that has an estimated fair market

40 value in excess of $15,000;
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1 (ii) real property that has an estimated fair market value

2 in excess of $100,000, except that real property disposed of

3 by lease or exchange is subject only to clauses (iii)–(v) of this

4 subparagraph;

5 (iii) real property disposed of by lease for a term of not

6 more than 5 years, if the estimated fair annual rent is more

7 than $100,000 for any year;

8 (iv) real property disposed of by lease for a term of more

9 than 5 years, if the total estimated rent over the term of the

10 lease is more than $100,000; or

11 (v) real property or real and related personal property dis12 posed of by exchange, regardless of value, or any property for

13 which any part of the consideration is real property.

14 (B) EXCEPTION.—An explanatory statement is not required for

15 a disposal of personal property under subsection (d), or for a dis16 posal of real or personal property authorized by any other law to

17 be made without advertising.

18 (2) TRANSMITTAL TO CONGRESS.—The explanatory statement shall

19 be transmitted to the appropriate committees of Congress in advance

20 of the disposal, and a copy of the statement shall be preserved in the

21 files of the executive agency making the disposal.

22 (3) LISTING IN REPORT.—A report of the Administrator under sec23 tion 126 of this title must include a listing and description of any nego24 tiated disposals of surplus property having an estimated fair market

25 value of more than $15,000, in the case of real property, or $5,000,

26 in the case of any other property, other than disposals for which an

27 explanatory statement has been transmitted under this subsection.

28 (f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Stat29 utes (41 U.S.C. 5) does not apply to a disposal or contract for disposal

30 made under this section.

31 § 546. Contractor inventories

32 Subject to regulations of the Administrator of General Services, an execu33 tive agency may authorize a contractor or subcontractor with the agency to

34 retain or dispose of contractor inventory.

35 § 547. Agricultural commodities, foods, and cotton or woolen

36 goods

37 (a) POLICIES.—The Administrator of General Services shall consult with

38 the Secretary of Agriculture to formulate policies for the disposal of surplus

39 agricultural commodities, surplus foods processed from agricultural com40 modities, and surplus cotton or woolen goods. The policies shall be formu41 lated to prevent surplus agricultural commodities, or surplus foods proc-
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1 essed from agricultural commodities, from being dumped on the market in

2 a disorderly manner and disrupting the market prices for agricultural com3 modities.

4 (b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—

5 (1) IN GENERAL.—The Administrator shall transfer without charge

6 to the Department of Agriculture any surplus agricultural commodities,

7 foods, and cotton or woolen goods for disposal, when the Secretary de8 termines that a transfer is necessary for the Secretary to carry out re9 sponsibilities for price support or stabilization.

10 (2) DEPOSIT OF RECEIPTS.—Receipts resulting from disposal by the

11 Department under this subsection shall be deposited pursuant to any

12 authority available to the Secretary. When applicable, however, net pro13 ceeds from the sale of surplus property transferred under this sub14 section shall be credited pursuant to section 572(a) of this title.

15 (3) LIMITATION OF SALES.—Surplus farm commodities transferred

16 under this subsection may not be sold, other than for export, in quan17 tities exceeding, or at prices less than, the applicable quantities and

18 prices for sales of those commodities by the Commodity Credit Cor19 poration.

20 § 548. Surplus vessels

21 The Maritime Administration shall dispose of surplus vessels of 1,500

22 gross tons or more which the Administration determines to be merchant ves23 sels or capable of conversion to merchant use. The vessels shall be disposed

24 of in accordance with the Merchant Marine Act, 1936 (46 App. U.S.C. 1101

25 et seq.), and other laws authorizing the sale of such vessels.

26 § 549. Donation of personal property through state agencies

27 (a) DEFINITIONS.—In this section, the following definitions apply:

28 (1) PUBLIC AGENCY.—The term ‘‘public agency’’ means—

29 (A) a State;

30 (B) a political subdivision of a State (including a unit of local

31 government or economic development district);

32 (C) a department, agency, or instrumentality of a State (includ33 ing instrumentalities created by compact or other agreement be34 tween States or political subdivisions); or

35 (D) an Indian tribe, band, group, pueblo, or community located

36 on a state reservation.

37 (2) STATE.—The term ‘‘State’’ means a State of the United States,

38 the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the

39 Northern Mariana Islands, and American Samoa.

40 (3) STATE AGENCY.—The term ‘‘state agency’’ means an agency des41 ignated under state law as the agency responsible for fair and equitable
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1 distribution, through donation, of property transferred under this sec2 tion.

3 (b) AUTHORIZATION.—

4 (1) IN GENERAL.—The Administrator of General Services, in the Ad5 ministrator’s discretion and under regulations the Administrator may

6 prescribe, may transfer property described in paragraph (2) to a state

7 agency.

8 (2) PROPERTY.—

9 (A) IN GENERAL.—Property referred to in paragraph (1) is any

10 personal property that—

11 (i) is under the control of an executive agency; and

12 (ii) has been determined to be surplus property.

13 (B) SPECIAL RULE.—In determining whether the property is to

14 be transferred for donation under this section, no distinction may

15 be made between property capitalized in a working-capital fund es16 tablished under section 2208 of title 10 (or similar fund) and any

17 other property.

18 (3) NO COST.—Transfer of property under this section is without

19 cost, except for any costs of care and handling.

20 (c) ALLOCATION AND TRANSFER OF PROPERTY.—

21 (1) IN GENERAL.—The Administrator shall allocate and transfer

22 property under this section in accordance with criteria that are based

23 on need and use and that are established after consultation with state

24 agencies to the extent feasible. The Administrator shall give fair con25 sideration, consistent with the established criteria, to an expression of

26 need and interest from a public agency or other eligible institution

27 within a State. The Administrator shall give special consideration to an

28 eligible recipient’s request, transmitted through the state agency, for a

29 specific item of property.

30 (2) ALLOCATION AMONG STATES.—The Administrator shall allocate

31 property among the States on a fair and equitable basis, taking into

32 account the condition of the property as well as the original acquisition

33 cost of the property.

34 (3) RECIPIENTS AND PURPOSES.—The Administrator shall transfer

35 to a state agency property the state agency selects for distribution

36 through donation within the State—

37 (A) to a public agency for use in carrying out or promoting, for

38 residents of a given political area, a public purpose, including con39 servation, economic development, education, parks and recreation,

40 public health, and public safety; or
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1 (B) for purposes of education or public health (including re2 search), to a nonprofit educational or public health institution or

3 organization that is exempt from taxation under section 501 of the

4 Internal Revenue Code of 1986 (26 U.S.C. 501), including—

5 (i) a medical institution, hospital, clinic, health center, or

6 drug abuse treatment center;

7 (ii) a provider of assistance to homeless individuals or to

8 families or individuals whose annual incomes are below the

9 poverty line (as that term is defined in section 673 of the

10 Community Services Block Grant Act (42 U.S.C. 9902));

11 (iii) a school, college, or university;

12 (iv) a school for the mentally retarded or physically handi13 capped;

14 (v) a child care center;

15 (vi) a radio or television station licensed by the Federal

16 Communications Commission as an educational radio or edu17 cational television station;

18 (vii) a museum attended by the public; or

19 (viii) a library serving free all residents of a community,

20 district, State, or region.

21 (4) EXCEPTION.—This subsection does not apply to property trans22 ferred under subsection (d).

23 (d) DEPARTMENT OF DEFENSE PROPERTY.—

24 (1) DETERMINATION.—The Secretary of Defense shall determine

25 whether surplus personal property under the control of the Department

26 of Defense is usable and necessary for educational activities which are

27 of special interest to the armed services, including maritime academies,

28 or military, naval, Air Force, or Coast Guard preparatory schools.

29 (2) PROPERTY USABLE FOR SPECIAL INTEREST ACTIVITIES.—If the

30 Secretary of Defense determines that the property is usable and nec31 essary for educational activities which are of special interest to the

32 armed services, the Secretary shall allocate the property for transfer by

33 the Administrator to the appropriate state agency for distribution

34 through donation to the educational activities.

35 (3) PROPERTY NOT USABLE FOR SPECIAL INTEREST ACTIVITIES.—

36 If the Secretary of Defense determines that the property is not usable

37 and necessary for educational activities which are of special interest to

38 the armed services, the property may be disposed of in accordance with

39 subsection (c).

40 (e) STATE PLAN OF OPERATION.—
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1 (1) IN GENERAL.—Before property may be transferred to a state

2 agency, the State shall develop a detailed state plan of operation, in

3 accordance with this subsection and with state law.

4 (2) PROCEDURE.—

5 (A) CONSIDERATION OF NEEDS AND RESOURCES.—In devel6 oping and implementing the state plan of operation, the relative

7 needs and resources of all public agencies and other eligible insti8 tutions in the State shall be taken into consideration. The Admin9 istrator may consult with interested federal agencies to obtain

10 their views concerning the administration and operation of this

11 section.

12 (B) PUBLICATION AND PERIOD FOR COMMENT.—The state plan

13 of operation, and any major amendment to the plan, may not be

14 filed with the Administrator until 60 days after general notice of

15 the proposed plan or amendment has been published and inter16 ested persons have been given at least 30 days to submit com17 ments.

18 (C) CERTIFICATION.—The chief executive officer of the State

19 shall certify and submit the state plan of operation to the Admin20 istrator.

21 (3) REQUIREMENTS.—

22 (A) STATE AGENCY.—The state plan of operation shall include

23 adequate assurance that the state agency has—

24 (i) the necessary organizational and operational authority

25 and capability including staff, facilities, and means and meth26 ods of financing; and

27 (ii) established procedures for accountability, internal and

28 external audits, cooperative agreements, compliance and use

29 reviews, equitable distribution and property disposal, deter30 mination of eligibility, and assistance through consultation

31 with advisory bodies and public and private groups.

32 (B) EQUITABLE DISTRIBUTION.—The state plan of operation

33 shall provide for fair and equitable distribution of property in the

34 State based on the relative needs and resources of interested pub35 lic agencies and other eligible institutions in the State and their

36 abilities to use the property.

37 (C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.—The

38 state plan of operation shall require, for donable property trans39 ferred under this section, that the state agency use management

40 control and accounting systems of the same type as systems re41 quired by state law for state-owned property. However, with ap-
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1 proval from the chief executive officer of the State, the state agen2 cy may elect to use other management control and accounting sys3 tems that are effective to govern the use, inventory control, ac4 countability, and disposal of property under this section.

5 (D) RETURN AND REDISTRIBUTION FOR NON-USE.—The state

6 plan of operation shall require the state agency to provide for the

7 return and redistribution of donable property if the property, while

8 still usable, has not been placed in use for the purpose for which

9 it was donated within one year of donation or ceases to be used

10 by the donee for that purpose within one year of being placed in

11 use.

12 (E) REQUEST BY RECIPIENT.—The state plan of operation shall

13 require the state agency, to the extent practicable, to select prop14 erty requested by a public agency or other eligible institution in

15 the State and, if requested by the recipient, to arrange shipment

16 of the property directly to the recipient.

17 (F) SERVICE CHARGES.—If the state agency is authorized to as18 sess and collect service charges from participating recipients to

19 cover direct and reasonable indirect costs of its activities, the

20 method of establishing the charges shall be set out in the state

21 plan of operation. The charges shall be fair and equitable and

22 shall be based on services the state agency performs, including

23 screening, packing, crating, removal, and transportation.

24 (G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRIC25 TIONS.—

26 (i) IN GENERAL.—The state plan of operation shall provide

27 that the state agency—

28 (I) may impose reasonable terms, conditions, reserva29 tions, and restrictions on the use of property to be do30 nated under subsection (c); and

31 (II) shall impose reasonable terms, conditions, reserva32 tions, and restrictions on the use of a passenger motor

33 vehicle and any item of property having a unit acquisi34 tion cost of $5,000 or more.

35 (ii) SPECIAL LIMITATIONS.—If the Administrator finds

36 that an item has characteristics that require special handling

37 or use limitations, the Administrator may impose appropriate

38 conditions on the donation of the property.

39 (H) UNUSABLE PROPERTY.—

40 (i) DISPOSAL.—The state plan of operation shall provide

41 that surplus personal property which the state agency deter-
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1 mines cannot be used by eligible recipients shall be disposed

2 of—

3 (I) subject to the disapproval of the Administrator

4 within 30 days after notice to the Administrator,

5 through transfer by the state agency to another state

6 agency or through abandonment or destruction if the

7 property has no commercial value or if the estimated

8 cost of continued care and handling exceeds estimated

9 proceeds from sale; or

10 (II) under this subtitle, on terms and conditions and

11 in a manner the Administrator prescribes.

12 (ii) PROCEEDS FROM SALE.—Notwithstanding subchapter

13 IV of this chapter and section 702 of this title, the Adminis14 trator, from the proceeds of sale of property described in sub15 section (b), may reimburse the state agency for expenses that

16 the Administrator considers appropriate for care and han17 dling of the property.

18 (f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—

19 (1) PARTIES TO THE AGREEMENT.—For purposes of carrying out

20 this section, a cooperative agreement may be made between a state sur21 plus property distribution agency designated under this section and—

22 (A) the Administrator;

23 (B) the Secretary of Education, for property transferred under

24 section 550(c) of this title;

25 (C) the Secretary of Health and Human Services, for property

26 transferred under section 550(d) of this title; or

27 (D) the head of a federal agency designated by the Adminis28 trator, the Secretary of Education, or the Secretary of Health and

29 Human Services.

30 (2) SHARED RESOURCES.—The cooperative agreement may provide

31 that the property, facilities, personnel, or services of—

32 (A) a state agency may be used by a federal agency; and

33 (B) a federal agency may be made available to a state agency.

34 (3) REIMBURSEMENT.—The cooperative agreement may require pay35 ment or reimbursement for the use or provision of property, facilities,

36 personnel, or services. Payment or reimbursement received from a state

37 agency shall be credited to the fund or appropriation against which

38 charges would otherwise be made.

39 (4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.—

40 (A) IN GENERAL.—Under the cooperative agreement, surplus

41 property transferred to a state agency for distribution pursuant to
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1 subsection (c) may be retained by the state agency for use in per2 forming its functions. Unless otherwise directed by the Adminis3 trator, title to the retained property vests in the state agency.

4 (B) CONDITIONS.—Retention of surplus property under this

5 paragraph is subject to conditions that may be imposed by—

6 (i) the Administrator;

7 (ii) the Secretary of Education, for property transferred

8 under section 550(c) of this title; or

9 (iii) the Secretary of Health and Human Services, for prop10 erty transferred under section 550(d) of this title.

11 § 550. Disposal of real property for certain purposes

12 (a) DEFINITION.—In this section, the term ‘‘State’’ includes the District

13 of Columbia, Puerto Rico, and the territories and possessions of the United

14 States.

15 (b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

16 PROPERTY UNDER THIS SECTION.—

17 (1) IN GENERAL.—Subject to disapproval by the Administrator of

18 General Services within 30 days after notice of a proposed action to

19 be taken under this section, except for personal property transferred

20 pursuant to section 549 of this title, the official specified in paragraph

21 (2) shall determine and enforce compliance with the terms, conditions,

22 reservations, and restrictions contained in an instrument by which a

23 transfer under this section is made. The official shall reform, correct,

24 or amend the instrument if necessary to correct the instrument or to

25 conform the transfer to the requirements of law. The official shall

26 grant a release from any term, condition, reservation or restriction con27 tained in the instrument, and shall convey, quitclaim, or release to the

28 transferee (or other eligible user) any right or interest reserved to the

29 Federal Government by the instrument, if the official determines that

30 the property no longer serves the purpose for which it was transferred

31 or that a release, conveyance, or quitclaim deed will not prevent accom32 plishment of that purpose. The release, conveyance, or quitclaim deed

33 may be made subject to terms and conditions that the official considers

34 necessary to protect or advance the interests of the Government.

35 (2) SPECIFIED OFFICIAL.—The official referred to in paragraph (1)

36 is—

37 (A) the Secretary of Education, for property transferred under

38 subsection (c) for school, classroom, or other educational use;

39 (B) the Secretary of Health and Human Services, for property

40 transferred under subsection (d) for use in the protection of public

41 health, including research;
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1 (C) the Secretary of the Interior, for property transferred under

2 subsection (e) for public park or recreation area use;

3 (D) the Secretary of Housing and Urban Development, for

4 property transferred under subsection (f) to provide housing or

5 housing assistance for low-income individuals or families; and

6 (E) the Secretary of the Interior, for property transferred under

7 subsection (h) for use as a historic monument for the benefit of

8 the public.

9 (c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL

10 USE.—

11 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre12 tion and under regulations that the Administrator may prescribe, may

13 assign to the Secretary of Education for disposal surplus real property,

14 including buildings, fixtures, and equipment situated on the property,

15 that the Secretary recommends as needed for school, classroom, or

16 other educational use.

17 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

18 within 30 days after notice to the Administrator by the Secretary of

19 Education of a proposed transfer, the Secretary, for school, classroom,

20 or other educational use, may sell or lease property assigned to the Sec21 retary under paragraph (1) to a State, a political subdivision or instru22 mentality of a State, a tax-supported educational institution, or a non23 profit educational institution that has been held exempt from taxation

24 under section 501(c)(3) of the Internal Revenue Code of 1986 (26

25 U.S.C. 501(c)(3)).

26 (3) FIXING VALUE.—In fixing the sale or lease value of property dis27 posed of under paragraph (2), the Secretary of Education shall take

28 into consideration any benefit which has accrued or may accrue to the

29 Government from the use of the property by the State, political subdivi30 sion or instrumentality, or institution.

31 (d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN32 CLUDING RESEARCH.—

33 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre34 tion and under regulations that the Administrator may prescribe, may

35 assign to the Secretary of Health and Human Services for disposal sur36 plus real property, including buildings, fixtures, and equipment situated

37 on the property, that the Secretary recommends as needed for use in

38 the protection of public health, including research.

39 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

40 within 30 days after notice to the Administrator by the Secretary of

41 Health and Human Services of a proposed transfer, the Secretary, for
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1 use in the protection of public health, including research, may sell or

2 lease property assigned to the Secretary under paragraph (1) to a

3 State, a political subdivision or instrumentality of a State, a tax-sup4 ported medical institution, or a hospital or similar institution not oper5 ated for profit that has been held exempt from taxation under section

6 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

7 (3) FIXING VALUE.—In fixing the sale or lease value of property dis8 posed of under paragraph (2), the Secretary of Health and Human

9 Services shall take into consideration any benefit which has accrued or

10 may accrue to the Government from the use of the property by the

11 State, political subdivision or instrumentality, or institution.

12 (e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—

13 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre14 tion and under regulations that the Administrator may prescribe, may

15 assign to the Secretary of the Interior for disposal surplus real prop16 erty, including buildings, fixtures, and equipment situated on the prop17 erty, that the Secretary recommends as needed for use as a public park

18 or recreation area.

19 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

20 within 30 days after notice to the Administrator by the Secretary of

21 the Interior of a proposed transfer, the Secretary, for public park or

22 recreation area use, may sell or lease property assigned to the Sec23 retary under paragraph (1) to a State, a political subdivision or instru24 mentality of a State, or a municipality.

25 (3) FIXING VALUE.—In fixing the sale or lease value of property dis26 posed of under paragraph (2), the Secretary of the Interior shall take

27 into consideration any benefit which has accrued or may accrue to the

28 Government from the use of the property by the State, political subdivi29 sion or instrumentality, or municipality.

30 (4) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

31 real property disposed of under this subsection—

32 (A) shall provide that all of the property be used and main33 tained for the purpose for which it was conveyed in perpetuity,

34 and that if the property ceases to be used or maintained for that

35 purpose, all or any portion of the property shall, in its then exist36 ing condition, at the option of the Government, revert to the Gov37 ernment; and

38 (B) may contain additional terms, reservations, restrictions, and

39 conditions the Secretary of the Interior determines are necessary

40 to safeguard the interests of the Government.

41 (f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—
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1 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre2 tion and under regulations that the Administrator may prescribe, may

3 assign to the Secretary of Housing and Urban Development for dis4 posal surplus real property, including buildings, fixtures, and equip5 ment situated on the property, that the Secretary recommends as need6 ed to provide housing or housing assistance for low-income individuals

7 or families.

8 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

9 within 30 days after notice to the Administrator by the Secretary of

10 Housing and Urban Development of a proposed transfer, the Secretary,

11 to provide housing or housing assistance for low-income individuals or

12 families, may sell or lease property assigned to the Secretary under

13 paragraph (1) to a State, a political subdivision or instrumentality of

14 a State, or a nonprofit organization that exists for the primary purpose

15 of providing housing or housing assistance for low-income individuals

16 or families.

17 (3) SELF-HELP HOUSING.—

18 (A) IN GENERAL.—The Administrator shall disapprove a pro19 posed transfer of property under this subsection unless the Admin20 istrator determines that the property will be used for low-income

21 housing opportunities through the construction, rehabilitation, or

22 refurbishment of self-help housing, under terms requiring that—

23 (i) subject to subparagraph (B), an individual or family re24 ceiving housing or housing assistance through use of the

25 property shall contribute a significant amount of labor toward

26 the construction, rehabilitation, or refurbishment; and

27 (ii) dwellings constructed, rehabilitated, or refurbished

28 through use of the property shall be quality dwellings that

29 comply with local building and safety codes and standards

30 and shall be available at prices below prevailing market

31 prices.

32 (B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur33 poses of fulfilling self-help requirements under paragraph

34 (3)(A)(i), the Administrator shall ensure that nonprofit organiza35 tions receiving property under paragraph (2) develop and use

36 guidelines to consider any disability (as defined in section 3(2) of

37 the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

38 (4) FIXING VALUE.—

39 (A) IN GENERAL.—In fixing the sale or lease value of property

40 disposed of under paragraph (2), the Secretary of Housing and

41 Urban Development shall take into consideration and discount the
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1 value for any benefit which has accrued or may accrue to the Gov2 ernment from the use of the property by the State, political sub3 division or instrumentality, or nonprofit organization.

4 (B) AMOUNT OF DISCOUNT.—The amount of the discount under

5 subparagraph (A) is 75 percent of the market value of the prop6 erty, except that the Secretary of Housing and Urban Develop7 ment may discount by a greater percentage if the Secretary, in

8 consultation with the Administrator, determines that a higher per9 centage is justified.

10 (g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—

11 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre12 tion and under regulations that the Administrator may prescribe, may

13 assign to the Chief Executive Officer of the Corporation for National

14 and Community Service for disposal surplus property that the Chief

15 Executive Officer recommends as needed for national service activities.

16 (2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad17 ministrator within 30 days after notice to the Administrator by the

18 Chief Executive Officer of a proposed transfer, the Chief Executive Of19 ficer, for national service activities, may sell, lease, or donate property

20 assigned to the Chief Executive Officer under paragraph (1) to an enti21 ty that receives financial assistance under the National and Community

22 Service Act of 1990 (42 U.S.C. 12501 et seq.).

23 (3) FIXING VALUE.—In fixing the sale or lease value of property dis24 posed of under paragraph (2), the Chief Executive Officer shall take

25 into consideration any benefit which has accrued or may accrue to the

26 Government from the use of the property by the entity receiving the

27 property.

28 (h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—

29 (1) CONVEYANCE.—

30 (A) IN GENERAL.—Without monetary consideration to the Gov31 ernment, the Administrator may convey to a State, a political sub32 division or instrumentality of a State, or a municipality, the right,

33 title, and interest of the Government in and to any surplus real

34 and related personal property that the Secretary of the Interior

35 determines is suitable and desirable for use as a historic monu36 ment for the benefit of the public.

37 (B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY

38 BOARD.—Property may be determined to be suitable and desirable

39 for use as a historic monument only in conformity with a rec40 ommendation by the National Park System Advisory Board estab41 lished under section 3 of the Act of August 21, 1935 (16 U.S.C.
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1 463) (known as the Historic Sites, Buildings, and Antiquities

2 Act). Only the portion of the property that is necessary for the

3 preservation and proper observation of the property’s historic fea4 tures may be determined to be suitable and desirable for use as

5 a historic monument.

6 (2) REVENUE-PRODUCING ACTIVITY.—

7 (A) IN GENERAL.—The Administrator may authorize use of any

8 property conveyed under this subsection for revenue-producing ac9 tivities if the Secretary of the Interior—

10 (i) determines that the activities are compatible with use of

11 the property for historic monument purposes;

12 (ii) approves the grantee’s plan for repair, rehabilitation,

13 restoration, and maintenance of the property;

14 (iii) approves the grantee’s plan for financing the repair,

15 rehabilitation, restoration, and maintenance of the property;

16 and

17 (iv) examines and approves the accounting and financial

18 procedures used by the grantee.

19 (B) USE OF EXCESS INCOME.—The Secretary of the Interior

20 may approve a grantee’s financial plan only if the plan provides

21 that the grantee shall use income exceeding the cost of repair, re22 habilitation, restoration, and maintenance only for public historic

23 preservation, park, or recreational purposes.

24 (C) AUDITS.—The Secretary of the Interior may periodically

25 audit the records of the grantee that are directly related to the

26 property conveyed.

27 (3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

28 real property disposed of under this subsection—

29 (A) shall provide that all of the property be used and main30 tained for historical monument purposes in perpetuity, and that if

31 the property ceases to be used or maintained for historical monu32 ment purposes, all or any portion of the property shall, in its then

33 existing condition, at the option of the Government, revert to the

34 Government; and

35 (B) may contain additional terms, reservations, restrictions, and

36 conditions the Administrator determines are necessary to safe37 guard the interests of the Government.

38 § 551. Donations to American Red Cross

39 The Administrator of General Services, in the Administrator’s discretion

40 and under regulations that the Administrator may prescribe, may donate to

41 the American National Red Cross for charitable purposes property that the
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1 American National Red Cross processed, produced, or donated and that has

2 been determined to be surplus property.

3 § 552. Abandoned or unclaimed property on Government

4 premises

5 (a) AUTHORITY TO TAKE PROPERTYAdministrator of General Services

6 may take possession of abandoned or unclaimed property on premises owned

7 or leased by the Federal Government and determine when title to the prop8 erty vests in the Government. The Administrator may use, transfer, or oth9 erwise dispose of the property.

10 (b) CLAIM FILED BY FORMER OWNER.—If a former owner files a proper

11 claim within three years from the date that title to the property vests in

12 the Government, the former owner shall be paid an amount—

13 (1) equal to the proceeds realized from the disposition of the prop14 erty less costs incident to care and handling as determined by the Ad15 ministrator; or

16 (2) if the property has been used or transferred, equal to the fair

17 value of the property as of the time title vested in the Government less

18 costs incident to care and handling as determined by the Adminis19 trator.

20 § 553. Property for correctional facility, law enforcement,

21 and emergency management response purposes

22 (a) DEFINITION.—In this section, the term ‘‘State’’ includes the District

23 of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the

24 Federated States of Micronesia, the Marshall Islands, Palau, and, the

25 Northern Mariana Islands.

26 (b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of Gen27 eral Services, in the Administrator’s discretion and under regulations that

28 the Administrator may prescribe, may transfer or convey to a State, or po29 litical subdivision or instrumentality of a State, surplus real and related per30 sonal property that—

31 (1) the Attorney General determines is required by the transferee or

32 grantee for correctional facility use under a program approved by the

33 Attorney General for the care or rehabilitation of criminal offenders;

34 (2) the Attorney General determines is required by the transferee or

35 grantee for law enforcement purposes; or

36 (3) the Director of the Federal Emergency Management Agency de37 termines is required by the transferee or grantee for emergency man38 agement response purposes including fire and rescue services.

39 (c) NO MONETARY CONSIDERATION.—A transfer or conveyance under

40 this section shall be made without monetary consideration to the Federal

41 Government.
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1 (d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

2 and related personal property disposed of under this section—

3 (1) shall provide that all of the property be used and maintained for

4 the purpose for which it was conveyed in perpetuity, and that if the

5 property ceases to be used or maintained for that purpose, all or any

6 portion of the property shall, in its then existing condition, at the op7 tion of the Government, revert to the Government; and

8 (2) may contain additional terms, reservations, restrictions, and con9 ditions that the Administrator determines are necessary to safeguard

10 the interests of the Government.

11 (e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

12 PROPERTY UNDER THIS SECTION.—The Administrator shall determine and

13 enforce compliance with the terms, conditions, reservations, and restrictions

14 contained in an instrument by which a transfer or conveyance under this

15 section is made. The Administrator shall reform, correct, or amend the in16 strument if necessary to correct the instrument or to conform the transfer

17 to the requirements of law. The Administrator shall grant a release from

18 any term, condition, reservation or restriction contained in the instrument,

19 and shall convey, quitclaim, or release to the transferee (or other eligible

20 user) any right or interest reserved to the Government by the instrument,

21 if the Administrator determines that the property no longer serves the pur22 pose for which it was transferred or that a release, conveyance, or quitclaim

23 deed will not prevent accomplishment of that purpose. The release, convey24 ance, or quitclaim deed may be made subject to terms and conditions that

25 the Administrator considers necessary to protect or advance the interests of

26 the Government.

27 § 554. Property for development or operation of a port facil28 ity

29 (a) DEFINITIONS.—In this section, the following definitions apply:

30 (1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means the

31 following:

32 (A) Title II of the Defense Authorization Amendments and

33 Base Closure and Realignment Act (Public Law 100–526; 10

34 U.S.C. 2687 note).

35 (B) The Defense Base Closure and Realignment Act of 1990

36 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

37 note).

38 (C) Section 2687 of title 10.

39 (2) STATE.—The term ‘‘State’’ includes the District of Columbia,

40 Puerto Rico, Guam, American Samoa, the Virgin Islands, the Fed-
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1 erated States of Micronesia, the Marshall Islands, Palau, and the

2 Northern Mariana Islands.

3 (b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR4 TATION.—Under regulations that the Administrator of General Services,

5 after consultation with the Secretary of Defense, may prescribe, the Admin6 istrator, or the Secretary of Defense in the case of property located at a

7 military installation closed or realigned pursuant to a base closure law, may

8 assign to the Secretary of Transportation for disposal surplus real property,

9 including buildings, fixtures, and equipment situated on the property, that

10 the Secretary of Transportation recommends as needed for the development

11 or operation of a port facility.

12 (c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR13 TATION.

14 (1) IN GENERAL.—Subject to disapproval by the Administrator or

15 the Secretary of Defense within 30 days after notice of a proposed con16 veyance by the Secretary of Transportation, the Secretary of Transpor17 tation, for the development or operation of a port facility, may convey

18 property assigned to the Secretary of Transportation under subsection

19 (b) to a State or political subdivision, municipality, or instrumentality

20 of a State.

21 (2) CONVEYANCE REQUIREMENTS.—A transfer of property may be

22 made under this section only after the Secretary of Transportation

23 has—

24 (A) determined, after consultation with the Secretary of Labor,

25 that the property to be conveyed is located in an area of serious

26 economic disruption;

27 (B) received and, after consultation with the Secretary of Com28 merce, approved an economic development plan submitted by an

29 eligible grantee and based on assured use of the property to be

30 conveyed as part of a necessary economic development program;

31 and

32 (C) transmitted to Congress an explanatory statement that con33 tains information substantially similar to the information con34 tained in statements prepared under section 545(e) of this title.

35 (d) NO MONETARY CONSIDERATION.—A conveyance under this section

36 shall be made without monetary consideration to the Federal Government.

37 (e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

38 and related personal property disposed of under this section shall—

39 (1) provide that all of the property be used and maintained for the

40 purpose for which it was conveyed in perpetuity, and that if the prop41 erty ceases to be used or maintained for that purpose, all or any por-
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1 tion of the property shall, in its then existing condition, at the option

2 of the Government, revert to the Government; and

3 (2) contain additional terms, reservations, restrictions, and condi4 tions that the Secretary of Transportation shall by regulation require

5 to ensure use of the property for the purposes for which it was con6 veyed and to safeguard the interests of the Government.

7 (f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

8 PROPERTY UNDER THIS SECTION.—The Secretary of Transportation shall

9 determine and enforce compliance with the terms, conditions, reservations,

10 and restrictions contained in an instrument by which a transfer or convey11 ance under this section is made. The Secretary shall reform, correct, or

12 amend the instrument if necessary to correct the instrument or to conform

13 the transfer to the requirements of law. The Secretary shall grant a release

14 from any term, condition, reservation or restriction contained in the instru15 ment, and shall convey, quitclaim, or release to the grantee any right or in16 terest reserved to the Government by the instrument, if the Secretary deter17 mines that the property no longer serves the purpose for which it was trans18 ferred or that a release, conveyance, or quitclaim deed will not prevent ac19 complishment of that purpose. The release, conveyance, or quitclaim deed

20 may be made subject to terms and conditions that the Secretary considers

21 necessary to protect or advance the interests of the Government.

22 § 555. Donation of law enforcement canines to handlers

23 The head of a federal agency having control of a canine that has been

24 used by a federal agency in the performance of law enforcement duties and

25 that has been determined by the agency to be no longer needed for official

26 purposes may donate the canine to an individual who has experience han27 dling canines in the performance of those duties.

28 § 556. Disposal of dredge vessels

29 (a) IN GENERAL.—The Administrator of General Services, pursuant to

30 sections 521 through 527, 529, and 549 of this title, may dispose of a

31 United States Army Corps of Engineers vessel used for dredging, together

32 with related equipment owned by the Federal Government and under the

33 control of the Chief of Engineers, if the Secretary of the Army declares the

34 vessel to be in excess of federal needs.

35 (b) RECIPIENTS AND PURPOSES.—Disposal under this section is

36 accomplished—

37 (1) through sale or lease to—

38 (A) a foreign government as part of a Corps of Engineers tech39 nical assistance program;

40 (B) a federal or state maritime academy for training purposes;

41 or
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1 (C) a non-federal public body for scientific, educational, or cul2 tural purposes; or

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

4 (c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall

5 not be disposed of under any law for the purpose of engaging in dredging

6 activities within the United States.

7 (d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the

8 sale or lease of a vessel or equipment under this section shall be deposited

9 into the revolving fund authorized by section 101 (9th par.) of the Civil

10 Functions Appropriation Act, 1954 (33 U.S.C. 576), to be available, as pro11 vided in appropriation laws, for the operation and maintenance of vessels

12 under the control of the Corps of Engineers.

13 § 557. Donation of books to Free Public Library

14 Subject to regulations under this subtitle, a book that is no longer needed

15 by an executive department, bureau, or commission of the Federal Govern16 ment, and that is not an advisable addition to the Library of Congress, shall

17 be turned over to the Free Public Library of the District of Columbia for

18 general use if the book is appropriate for the Free Public Library.

19 § 558. Donation of forfeited vessels

20 (a) IN GENERAL.—A vessel that is forfeited to the Federal Government

21 may be donated, in accordance with procedures under this subtitle, to an

22 eligible institution described in subsection (b).

23 (b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub24 section (a) is an educational institution with a commercial fishing vessel

25 safety program or other vessel safety, education and training program. The

26 institution must certify to the federal officer making the donation that the

27 program includes, at a minimum, all of the following courses in vessel safe28 ty:

29 (1) Vessel stability.

30 (2) Firefighting.

31 (3) Shipboard first aid.

32 (4) Marine safety and survival.

33 (5) Seamanship rules of the road.

34 (c) TERMS AND CONDITIONS.—The donation of a vessel under this sec35 tion shall be made on terms and conditions considered appropriate by the

36 federal officer making the donation. All of the following terms and condi37 tions are required:

38 (1) NO WARRANTY.—The institution must accept the vessel as is,

39 where it is, and without warranty of any kind and without any rep40 resentation as to its condition or suitability for use.
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1 (2) MAINTENANCE.—The institution is responsible for maintaining

2 the vessel.

3 (3) INSTRUCTION ONLY.—The vessel may be used only for instruct4 ing students in a vessel safety education and training program.

5 (4) DOCUMENTATION.—If the vessel is eligible to be documented, it

6 must be documented by the institution as a vessel of the United States

7 under chapter 121 of title 46. The requirements of paragraph (5) must

8 be noted on the permanent record of the vessel.

9 (5) DISPOSAL.—The institution must obtain prior approval from the

10 Administrator of General Services before disposing of the vessel and

11 any proceeds from disposal shall be payable to the Government.

12 (6) INSPECTION OR REGULATION.—The vessel shall be inspected or

13 regulated in the same manner as a nautical school vessel under chapter

14 33 of title 46.

15 (d) GOVERNMENT LIABILITY.—The Government is not liable in an action

16 arising out of the transfer or use of a vessel transferred under this section.

17 § 559. Advice of Attorney General with respect to antitrust

18 law

19 (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—

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

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

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

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

24 (b) ADVICE REQUIRED.—

25 (1) IN GENERAL.—An executive agency shall not dispose of property

26 to a private interest until the agency has received the advice of the At27 torney General on whether the disposal to a private interest would tend

28 to create or maintain a situation inconsistent with antitrust law.

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

30 (A) real property, if the estimated fair market value is less than

31 $3,000,000; or

32 (B) personal property (other than a patent, process, technique,

33 or invention), if the estimated fair market value is less than

34 $3,000,000.

35 (c) NOTICE TO ATTORNEY GENERAL.—

36 (1) IN GENERAL.—An executive agency that contemplates disposing

37 of property to a private interest shall promptly transmit notice of the

38 proposed disposal, including probable terms and conditions, to the At39 torney General.

40 (2) COPY.—Except for the General Services Administration, an exec41 utive agency that transmits notice under paragraph (1) shall simulta-
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1 neously transmit a copy of the notice to the Administrator of General

2 Services.

3 (d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not

4 later than 60 days, after receipt of notice under subsection (c), the Attorney

5 General shall advise the Administrator and any interested executive agency

6 whether, so far as the Attorney General can determine, the proposed dis7 position would tend to create or maintain a situation inconsistent with anti8 trust law.

9 (e) REQUEST FOR INFORMATION.—On request from the Attorney Gen10 eral, the head of an executive agency shall furnish information the agency

11 possesses that the Attorney General determines is appropriate or necessary

12 to—

13 (1) give advice required by this section; or

14 (2) determine whether any other disposition or proposed disposition

15 of surplus property violates antitrust law.

16 (f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,

17 amend, or modify antitrust law or limit or prevent application of antitrust

18 law to a person acquiring property under this subtitle.

19 SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

20 § 571. General rules for deposit and use of proceeds

21 (a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—

22 (1) IN GENERAL.—Except as otherwise provided in this subchapter,

23 proceeds described in paragraph (2) shall be deposited in the Treasury

24 as miscellaneous receipts.

25 (2) PROCEEDS.—The proceeds referred to in paragraph (1) are pro26 ceeds under this chapter from a—

27 (A) transfer of excess property to a federal agency for agency

28 use; or

29 (B) sale, lease, or other disposition of surplus property.

30 (b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to

31 regulations under this subtitle, the expenses of the sale of old material, con32 demned stores, supplies, or other public property may be paid from the pro33 ceeds of sale so that only the net proceeds are deposited in the Treasury.

34 This subsection applies whether proceeds are deposited as miscellaneous re35 ceipts or to the credit of an appropriation as authorized by law.

36 § 572. Real property

37 (a) IN GENERAL.—

38 (1) SEPARATE FUND.—Except as provided in subsection (b), pro39 ceeds of the disposition of surplus real and related personal property

40 by the Administrator of General Services shall be set aside in a sepa41 rate fund in the Treasury.
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1 (2) PAYMENT OF EXPENSES FROM THE FUND.—

2 (A) AUTHORITY.—From the fund described in paragraph (1),

3 the Administrator may obligate an amount to pay the following di4 rect expenses incurred for the use of excess property and the dis5 posal of surplus property under this subtitle:

6 (i) Fees of appraisers, auctioneers, and realty brokers, in

7 accordance with the scale customarily paid in similar commer8 cial transactions.

9 (ii) Costs of environmental and historic preservation serv10 ices.

11 (iii) Advertising and surveying.

12 (B) LIMITATIONS.—

13 (i) PERCENTAGE LIMITATION.—In each fiscal year, no

14 more than 12 percent of the proceeds of all dispositions of

15 surplus real and related personal property may be paid to

16 meet direct expenses incurred in connection with the disposi17 tions.

18 (ii) DETERMINATION OF MAXIMUM AMOUNT.—The Director

19 of the Office of Management and Budget each quarter shall

20 determine the maximum amount that may be obligated under

21 this paragraph.

22 (C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount obli23 gated under this paragraph may be used to pay an expense di24 rectly or to reimburse a fund or appropriation that initially paid

25 the expense.

26 (3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once each

27 year, excess amounts beyond current operating needs shall be trans28 ferred from the fund described in paragraph (1) to miscellaneous re29 ceipts.

30 (4) REPORT.—A report of receipts, disbursements, and transfers to

31 miscellaneous receipts under this subsection shall be made annually, in

32 connection with the budget estimate, to the Director and to Congress.

33 (b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPARTMENT.—

34 (1) DEFINITIONS.—In this subsection, the following definitions

35 apply:

36 (A) MILITARY INSTALLATION.—The term ‘‘military installation’’

37 has the meaning given that term in section 2687(e)(1) of title 10.

38 (B) BASE CLOSURE LAW.—The term ‘‘base closure law’’ has the

39 meaning given that term in section 2667(h)(2) of title 10.

40 (2) APPLICATION.—
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1 (A) IN GENERAL.—This subsection applies to real property, in2 cluding any improvement on the property, that is under the con3 trol of a military department and that the Secretary of the depart4 ment determines is excess to the department’s needs.

5 (B) EXCEPTIONS.—This subsection does not apply to—

6 (i) damaged or deteriorated military family housing facili7 ties conveyed under section 2854a of title 10; or

8 (ii) property at a military installation designated for clo9 sure or realignment pursuant to a base closure law.

10 (3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Secretary

11 of Defense shall provide that property described in paragraph (2) is

12 available for transfer, without reimbursement, to other military depart13 ments within the Department of Defense.

14 (4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL

15 SERVICES.—If property is not transferred pursuant to paragraph (3),

16 the Secretary of the military department with the property under its

17 control shall request the Administrator to transfer or dispose of the

18 property in accordance with this subtitle or other applicable law.

19 (5) PROCEEDS.—

20 (A) DEPOSIT IN SPECIAL ACCOUNT.—For a transfer or disposi21 tion of property pursuant to paragraph (4), the Administrator

22 shall deposit any proceeds (less expenses of the transfer or disposi23 tion as provided in subsection (a)) in a special account in the

24 Treasury.

25 (B) AVAILABILITY OF AMOUNT DEPOSITED.—To the extent pro26 vided in an appropriation law, an amount deposited in a special

27 account under subparagraph (A) is available for facility mainte28 nance and repair or environmental restoration as follows:

29 (i) In the case of property located at a military installation

30 that is closed, the amount is available for facility maintenance

31 and repair or environmental restoration by the military de32 partment that had jurisdiction over the property before the

33 closure of the military installation.

34 (ii) In the case of property located at any other military

35 installation—

36 (I) 50 percent of the amount is available for facility

37 maintenance and repair or environmental restoration at

38 the military installation where the property was located

39 before it was disposed of or transferred; and

40 (II) 50 percent of the amount is available for facility

41 maintenance and repair and for environmental restora-
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1 tion by the military department that had jurisdiction

2 over the property before it was disposed of or trans3 ferred.

4 (6) REPORT.—As part of the annual request for authorizations of

5 appropriations to the Committees on Armed Services of the Senate and

6 the House of Representatives, the Secretary of Defense shall include

7 an accounting of each transfer and disposal made in accordance with

8 this subsection during the fiscal year preceding the fiscal year in which

9 the request is made. The accounting shall include a detailed expla10 nation of each transfer and disposal and of the use of the proceeds re11 ceived from it by the Department of Defense.

12 § 573. Personal property

13 The Administrator of General Services may retain from the proceeds of

14 sales of personal property the Administrator conducts amounts necessary to

15 recover, to the extent practicable, costs the Administrator (or the Adminis16 trator’s agent) incurs in conducting the sales. The Administrator shall de17 posit amounts retained into the General Supply Fund established under sec18 tion 321(a) of this title. From the amounts deposited, the Administrator

19 may pay direct costs and reasonably related indirect costs incurred in con20 ducting sales of personal property. At least once each year, amounts re21 tained that are not needed to pay the direct and indirect costs shall be

22 transferred from the General Supply Fund to the general fund or another

23 appropriate account in the Treasury.

24 § 574. Other rules regarding proceeds

25 (a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.—

26 (1) APPLICATION.—This subsection applies to property acquired with

27 amounts—

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

29 (B) appropriated from the general fund of the Treasury but by

30 law reimbursable from assessment, tax, or other revenue or re31 ceipts.

32 (2) IN GENERAL.—The net proceeds of a disposition or transfer of

33 property described in paragraph (1) shall be—

34 (A) credited to the applicable reimbursable fund or appropria35 tion; or

36 (B) paid to the federal agency that determined the property to

37 be excess.

38 (3) CALCULATION OF NET PROCEEDS.—For purposes of this sub39 section, the net proceeds of a disposition or transfer of property are

40 the proceeds less all expenses incurred for the disposition or transfer,

41 including care and handling.
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1 (4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the

2 agency that determined the property to be excess decides that it is un3 economical or impractical to ascertain the amount of net proceeds, the

4 proceeds shall be credited to miscellaneous receipts.

5 (b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

6 (1) DEPOSITS.—A federal agency that disposes of surplus property

7 under this chapter may deposit, in a special account in the Treasury,

8 amounts of the proceeds of the dispositions that the agency decides are

9 necessary to permit—

10 (A) appropriate refunds to purchasers for dispositions that are

11 rescinded or that do not become final; and

12 (B) payments for breach of warranty.

13 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a

14 special account under paragraph (1) may withdraw amounts to be re15 funded or paid from the account without regard to the origin of the

16 amounts withdrawn.

17 (c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made by

18 an executive agency, or a subcontract under that contract, authorizes the

19 proceeds of a sale of property in the custody of a contractor or subcon20 tractor to be credited to the price or cost of work covered by the contract

21 or subcontract, then the proceeds of the sale shall be credited in accordance

22 with the contract or subcontract.

23 (d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive agency

24 entitled to receive cash under a contract for the lease, sale, or other disposi25 tion of surplus property may accept property instead of cash if the Presi26 dent determines that the property is strategic or critical material. The prop27 erty is valued at the prevailing market price when the cash payment be28 comes due.

29 (e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposi30 tion of surplus property under this chapter, if credit has been extended, or

31 if the disposition has been by lease or permit, the Administrator of General

32 Services, in a manner and on terms the Administrator determines are in

33 the best interest of the Federal Government—

34 (1) shall administer and manage the credit, lease, or permit, and any

35 security for the credit, lease, or permit; and

36 (2) may enforce, adjust, and settle any right of the Government with

37 respect to the credit, lease, or permit.
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1 SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED

2 ACTIVITIES

3 § 581. General authority of Administrator of General Serv4 ices

5 (a) APPLICABILITY.—To the extent that the Administrator of General

6 Services by law, other than this section, may maintain, operate, and protect

7 buildings or property, including the construction, repair, preservation, demo8 lition, furnishing, or equipping of buildings or property, the Administrator,

9 in the discharge of these duties, may exercise authority granted under this

10 section.

11 (b) PERSONNEL AND EQUIPMENT.—The Administrator may—

12 (1) employ and pay personnel at per diem rates approved by the Ad13 ministrator, not exceeding rates currently paid by private industry for

14 similar services in the place where the services are performed;

15 (2) purchase, repair, and clean uniforms for civilian employees of the

16 General Services Administration who are required by law or regulation

17 to wear uniform clothing; and

18 (3) furnish arms and ammunition for the protection force the Ad19 ministration maintains.

20 (c) ACQUISITION AND MANAGEMENT OF PROPERTY.—

21 (1) REAL ESTATE.—The Administrator may acquire, by purchase,

22 condemnation, or otherwise, real estate and interests in real estate.

23 (2) GROUND RENT.—The Administrator may pay ground rent for

24 buildings owned by the Federal Government or occupied by federal

25 agencies, and pay the rent in advance if required by law or if the Ad26 ministrator determines that advance payment is in the public interest.

27 (3) RENT AND REPAIRS UNDER A LEASE.—The Administrator may

28 pay rent and make repairs, alterations, and improvements under the

29 terms of a lease entered into by, or transferred to, the Administration

30 for the housing of a federal agency.

31 (4) REPAIRS THAT ARE ECONOMICALLY ADVANTAGEOUS.—The Ad32 ministrator may repair, alter, or improve rented premises if the Admin33 istrator determines that doing so is advantageous to the Government

34 in terms of economy, efficiency, or national security. The Administra35 tor’s determination must—

36 (A) set forth the circumstances that make the repair, alteration,

37 or improvement advantageous; and

38 (B) show that the total cost (rental, repair, alteration, and im39 provement) for the expected life of the lease is less than the cost

40 of alternative space not needing repair, alteration, or improvement.
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1 (5) INSURANCE PROCEEDS FOR DEFENSE INDUSTRIAL RESERVE.—

2 At the direction of the Secretary of Defense, the Administrator may

3 use insurance proceeds received for damage to property that is part of

4 the Defense Industrial Reserve to repair or restore the property.

5 (6) MAINTENANCE CONTRACTS.—The Administrator may enter into

6 a contract, for a period not exceeding five years, for the inspection,

7 maintenance, and repair of fixed equipment in a federally owned build8 ing.

9 (d) LEASE OF FEDERAL BUILDING SITES.—

10 (1) IN GENERAL.—The Administrator may lease a federal building

11 site or addition, including any improvements, until the site is needed

12 for construction purposes. The lease must be for fair rental value and

13 on other terms and conditions the Administrator considers to be in the

14 public interest pursuant to section 545 of this title.

15 (2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this sub16 section may be negotiated without public advertising for bids if—

17 (A) the lessee is—

18 (i) the former owner from whom the Government acquired

19 the property; or

20 (ii) the former owner’s tenant in possession; and

21 (B) the lease is negotiated incident to or in connection with the

22 acquisition of the property.

23 (3) DEPOSIT OF RENT.—Rent received under this subsection may be

24 deposited into the Federal Buildings Fund.

25 (e) ASSISTANCE TO THE INAUGURAL COMMITTEE.—The Administrator

26 may provide direct assistance and special services for the Inaugural Com27 mittee (as defined in section 501 of title 36) during an inaugural period

28 in connection with Presidential inaugural operations and functions. Assist29 ance and services under this subsection may include—

30 (1) employment of personal services without regard to chapters 33

31 and 51 and subchapter III of chapter 53 of title 5;

32 (2) providing Government-owned and leased space for personnel and

33 parking;

34 (3) paying overtime to guard and custodial forces;

35 (4) erecting and removing stands and platforms;

36 (5) providing and operating first-aid stations;

37 (6) providing furniture and equipment; and

38 (7) providing other incidental services in the discretion of the Admin39 istrator.

40 (f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS PROP41 ERTY.—The Administrator may—
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1 (1) provide utilities and services, if the utilities and services are not

2 provided by other sources, to a person, firm, or corporation occupying

3 or using a plant or portion of a plant that constitutes—

4 (A) any part of the Defense Industrial Reserve pursuant to sec5 tion 2535 of title 10; or

6 (B) surplus real property; and

7 (2) credit an amount received for providing utilities and services

8 under this subsection to an applicable appropriation of the Administra9 tion.

10 (g) OBTAINING PAYMENTS.—The Administrator may—

11 (1) obtain payments, through advances or otherwise, for services,

12 space, quarters, maintenance, repair, or other facilities furnished, on a

13 reimbursable basis, to a federal agency, a mixed-ownership Government

14 corporation (as defined in chapter 91 of title 31), or the District of

15 Columbia; and

16 (2) credit the payments to the applicable appropriation of the Ad17 ministration.

18 (h) COOPERATIVE USE OF PUBLIC BUILDINGS.—

19 (1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—The

20 Administrator may lease space on a major pedestrian access level,

21 courtyard, or rooftop of a public building to a person, firm, or organi22 zation engaged in commercial, cultural, educational, or recreational ac23 tivity (as defined in section 3306(a) of this title). The Administrator

24 shall establish a rental rate for leased space equivalent to the prevailing

25 commercial rate for comparable space devoted to a similar purpose in

26 the vicinity of the public building. The lease may be negotiated without

27 competitive bids, but shall contain terms and conditions and be nego28 tiated pursuant to procedures that the Administrator considers nec29 essary to promote competition and to protect the public interest.

30 (2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PURPOSES.—

31 The Administrator may make available, on occasion, or lease at a rate

32 and on terms and conditions that the Administrator considers to be in

33 the public interest, an auditorium, meeting room, courtyard, rooftop,

34 or lobby of a public building to a person, firm, or organization engaged

35 in cultural, educational, or recreational activity (as defined in section

36 3306(a) of this title) that will not disrupt the operation of the building.

37 (3) DEPOSIT AND CREDIT OF AMOUNTS RECEIVED.—The Adminis38 trator may deposit into the Federal Buildings Fund an amount re39 ceived under a lease or rental executed pursuant to paragraph (1) or

40 (2). The amount shall be credited to the appropriation from the Fund

41 applicable to the operation of the building.
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1 (4) FURNISHING UTILITIES AND MAINTENANCE.—The Administrator

2 may furnish utilities, maintenance, repair, and other services to a per3 son, firm, or organization leasing space pursuant to paragraph (1) or

4 (2). The services may be provided during and outside of regular work5 ing hours of federal agencies.

6 § 582. Management of buildings by Administrator of General

7 Services

8 (a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the re9 quest of a federal agency, a mixed-ownership Government corporation (as

10 defined in chapter 91 of title 31), or the District of Columbia, the Adminis11 trator of General Services may operate, maintain, and protect a building

12 that is owned by the Federal Government (or, in the case of a wholly owned

13 or mixed-ownership Government corporation, by the corporation) and occu14 pied by the agency or instrumentality making the request.

15 (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MAN16 AGEMENT AND BUDGET.—

17 (1) IN GENERAL.—When the Director of the Office of Management

18 and Budget determines that it is in the interest of economy or effi19 ciency, the Director shall transfer to the Administrator all functions

20 vested in a federal agency with respect to the operation, maintenance,

21 and custody of an office building owned by the Government or a wholly

22 owned Government corporation, or an office building, or part of an of23 fice building, that is occupied by a federal agency under a lease.

24 (2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of func25 tions shall not be made under this subsection for a post-office building,

26 unless the Director determines that the building is not used predomi27 nantly for post-office purposes. The Administrator may delegate func28 tions with respect to a post-office building that are transferred to the

29 Administrator under this subsection only to another officer or employee

30 of the General Services Administration or to the Postmaster General.

31 (3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A trans32 fer of functions shall not be made under this subsection for a building

33 located in a foreign country.

34 (4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A

35 transfer of functions shall not be made under this subsection for a

36 building located on the grounds of a facility of the Department of De37 fense (including a fort, camp, post, arsenal, navy yard, naval training

38 station, airfield, proving ground, military supply depot, or school) un39 less and only to the extent that the Secretary of Defense has issued

40 a permit for use by another agency.
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1 (5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—A

2 transfer of functions shall not be made under this subsection for a

3 building that the Director finds to be a part of a group of buildings

4 that are—

5 (A) located in the same vicinity;

6 (B) used wholly or predominantly for the special purposes of the

7 agency with custody of the buildings; and

8 (C) not generally suitable for use by another agency.

9 (6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A transfer

10 of functions shall not be made under this subsection for the Treasury

11 Building, the Bureau of Engraving and Printing Building, the build12 ings occupied by the National Institute of Standards and Technology,

13 and the buildings under the jurisdiction of the regents of the Smithso14 nian Institution.

15 § 583. Construction of buildings

16 (a) AUTHORITY.—At the request of a federal agency, a mixed-ownership

17 Government corporation (as defined in chapter 91 of title 31), or the Dis18 trict of Columbia, the Administrator of General Services may—

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

20 (2) make or cause to be made (under contract or otherwise) surveys

21 and test borings and prepare plans and specifications for a building or

22 project prior to the Attorney General’s approval of the title to the site;

23 and

24 (3) contract for, and supervise, the construction, development, and

25 equipping of a building or project.

26 (b) TRANSFER OF AMOUNTS.—An amount available to a federal agency

27 or instrumentality for a building or project may be transferred, in advance,

28 to the General Services Administration for purposes the Administrator de29 termines are necessary, including payment of salaries and expenses for pre30 paring plans and specifications and for field supervision.

31 § 584. Assignment and reassignment of space

32 (a) AUTHORITY.—

33 (1) IN GENERAL.—Subject to paragraph (2), the Administrator of

34 General Services may assign or reassign space for an executive agency

35 in any Federal Government-owned or leased building.

36 (2) REQUIREMENTS.—The Administrator’s authority under para37 graph (1) may be exercised only—

38 (A) in accordance with policies and directives the President pre39 scribes under section 121(a) of this title;

40 (B) after consultation with the head of the executive agency af41 fected; and
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1 (C) on a determination by the Administrator that the assign2 ment or reassignment is advantageous to the Government in terms

3 of economy, efficiency, or national security.

4 (b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pe5 destrian access level (other than space leased under section 581(h)(1) or (2)

6 of this title), the Administrator shall, where practicable, give priority to fed7 eral activities requiring regular contact with the public. If the space is not

8 available, the Administrator shall provide space with maximum ease of ac9 cess to building entrances.

10 § 585. Lease agreements

11 (a) IN GENERAL.—

12 (1) AUTHORITY.—The Administrator of General Services may enter

13 into a lease agreement with a person, copartnership, corporation, or

14 other public or private entity for the accommodation of a federal agen15 cy in a building (or improvement) which is in existence or being erected

16 by the lessor to accommodate the federal agency. The Administrator

17 may assign and reassign the leased space to a federal agency.

18 (2) TERMS.—A lease agreement under this subsection shall be on

19 terms the Administrator considers to be in the interest of the Federal

20 Government and necessary for the accommodation of the federal agen21 cy. However, the lease agreement may not bind the Government for

22 more than 20 years and the obligation of amounts for a lease under

23 this subsection is limited to the current fiscal year for which payments

24 are due without regard to section 1341(a)(1)(B) of title 31.

25 (b) SUBLEASE.—

26 (1) APPLICATION.—This subsection applies to rent received if the

27 Administrator—

28 (A) determines that an unexpired portion of a lease of space to

29 the Government is surplus property; and

30 (B) disposes of the property by sublease.

31 (2) USE OF RENT.—Notwithstanding section 571(a) of this title, the

32 Administrator may deposit rent received into the Federal Buildings

33 Fund. The Administrator may defray from the fund any costs nec34 essary to provide services to the Government’s lessee and to pay the

35 rent (not otherwise provided for) on the lease of the space to the Gov36 ernment.

37 (c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV38 ERNMENT LAND.—Amounts made available to the General Services Admin39 istration for the payment of rent may be used to lease space, for a period

40 of not more than 30 years, in buildings erected on land owned by the Gov41 ernment.
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1 § 586. Charges for space and services

2 (a) DEFINITION.—In this section, ‘‘space and services’’ means space,

3 services, quarters, maintenance, repair, and other facilities.

4 (b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—

5 (1) IN GENERAL.—The Administrator of General Services shall im6 pose a charge for furnishing space and services.

7 (2) RATES.—The Administrator shall, from time to time, determine

8 the rates to be charged for furnishing space and services and shall pre9 scribe regulations providing for the rates. The rates shall approximate

10 commercial charges for comparable space and services. However, for a

11 building for which the Administrator is responsible for alterations only

12 (as the term ‘‘alter’’ is defined in section 3301(a) of this title), the

13 rates shall be fixed to recover only the approximate cost incurred in

14 providing alterations.

15 (3) EXEMPTIONS.—The Administrator may exempt anyone from the

16 charges required by this subsection when the Administrator determines

17 that charges would be infeasible or impractical. To the extent an ex18 emption is granted, appropriations to the General Services Administra19 tion are authorized to reimburse the Federal Buildings Fund for any

20 loss of revenue.

21 (c) CHARGES BY EXECUTIVE AGENCIES.—

22 (1) IN GENERAL.—An executive agency, other than the Administra23 tion, may impose a charge for furnishing space and services at rates

24 approved by the Administrator.

25 (2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen26 cy receives under this subsection shall be credited to the appropriation

27 or fund initially charged for providing the space or service. However,

28 amounts in excess of actual operating and maintenance costs shall be

29 credited to miscellaneous receipts unless otherwise provided by law.

30 (d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent

31 payments to the Administration for lease space relating to expansion needs

32 of the agency. Payment rates shall approximate commercial charges for

33 comparable space as provided in subsection (b). Payments shall be deposited

34 into the Federal Buildings Fund. The Administration may use amounts re35 ceived under this subsection, in addition to amounts received as New

36 Obligational Authority, in the Rental of Space activity of the Fund.

37 § 587. Telecommuting and other alternative workplace ar38 rangements

39 (a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’

40 means flexiplace work telecommuting centers.
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1 (b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF

2 GENERAL SERVICES.—

3 (1) ESTABLISHMENT.—The Administrator of General Services may

4 acquire space for, establish, and equip telecommuting centers for use

5 in accordance with this subsection.

6 (2) USE.—A telecommuting center may be used by employees of fed7 eral agencies, state and local governments, and the private sector. The

8 Administrator shall give federal employees priority in using a telecom9 muting center. The Administrator may make a telecommuting center

10 available for use by others to the extent it is not fully utilized by fed11 eral employees.

12 (3) USER FEES.—The Administrator shall charge a user fee for the

13 use of a telecommuting center. The amount of the user fee shall ap14 proximate commercial charges for comparable space and services. How15 ever, the user fee may not be less than necessary to pay the cost of

16 establishing and operating the telecommuting center, including the rea17 sonable cost of renovation and replacement of furniture, fixtures, and

18 equipment.

19 (4) DEPOSIT AND USE OF FEES.—The Administrator may—

20 (A) deposit user fees into the Federal Buildings Fund and use

21 the fees to pay costs incurred in establishing and operating the

22 telecommuting center; and

23 (B) accept and retain income received by the General Services

24 Administration, from federal agencies and non-federal sources, to

25 defray costs directly associated with the functions of telecom26 muting centers.

27 (c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY

28 EXECUTIVE AGENCIES AND OTHERS.—

29 (1) DEFINITION.—In this subsection, the term ‘‘alternative work30 place arrangements’’ includes telecommuting, hoteling, virtual offices,

31 and other distributive work arrangements.

32 (2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering

33 whether to acquire space, quarters, buildings, or other facilities for use

34 by employees, the head of an executive agency shall consider whether

35 needs can be met using alternative workplace arrangements.

36 (3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro37 vide guidance, assistance, and oversight to any person regarding the es38 tablishment and operation of alternative workplace arrangements.

39 (d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING

40 PROGRAMS.—
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1 (1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele2 commuting program’’ means a program under which employees of a de3 partment or agency set out in paragraph (2) are permitted to perform

4 all or a portion of their duties at a telecommuting center established

5 under this section or other federal law.

6 (2) MINIMUM FUNDING.—For each of the following departments and

7 agencies, in each fiscal year at least $50,000 of amounts made avail8 able for salaries and expenses is available only for carrying out a

9 flexiplace work telecommuting program:

10 (A) Department of Agriculture.

11 (B) Department of Commerce.

12 (C) Department of Defense.

13 (D) Department of Education.

14 (E) Department of Energy.

15 (F) Department of Health and Human Services.

16 (G) Department of Housing and Urban Development.

17 (H) Department of the Interior.

18 (I) Department of Justice.

19 (J) Department of Labor.

20 (K) Department of State.

21 (L) Department of Transportation.

22 (M) Department of the Treasury.

23 (N) Department of Veterans Affairs.

24 (O) Environmental Protection Agency.

25 (P) General Services Administration.

26 (Q) Office of Personnel Management.

27 (R) Small Business Administration.

28 (S) Social Security Administration.

29 (T) United States Postal Service.

30 § 588. Movement and supply of office furniture

31 (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a

32 substantial and identifiable segment of space (such as a building, floor, or

33 wing) in a location that the Administrator of General Services controls for

34 purposes of assignment of space.

35 (b) APPLICATION.—This section applies if an agency (or unit of the agen36 cy), moves from one controlled space to another, whether in the same or

37 a different location.

38 (c) MOVING EXISTING FURNITURE.—The furniture and furnishings used

39 by an agency (or organizational unit of the agency) shall be moved only if

40 the Administrator determines, after consultation with the head of the agen41 cy and with due regard for the program activities of the agency, that it
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1 would not be more economical and efficient to make suitable replacements

2 available in the new controlled space.

3 (d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter4 mination under subsection (c), suitable furniture and furnishings for the

5 new controlled space shall be provided from stocks under the control of the

6 moving agency or from stocks available to the Administrator, whichever the

7 Administrator determines to be more economical and efficient. However, the

8 same or similar items may not be provided from both sources.

9 (e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and fur10 nishings for a new controlled space are provided from stocks available to

11 the Administrator, the items being provided remain in the control of the Ad12 ministrator.

13 (f) CONTROL OF FURNITURE NOT MOVED.—

14 (1) IN GENERAL.—If furniture and furnishings for a new controlled

15 space are provided from stocks available to the Administrator, the fur16 niture and furnishings that were previously used by the moving agency

17 (or unit of the agency) pass to the control of the Administrator.

18 (2) REIMBURSEMENT.—

19 (A) IN GENERAL.—Furniture and furnishings passing to the

20 control of the Administrator under this section pass without reim21 bursement.

22 (B) EXCEPTION FOR TRUST FUND.—If furniture and fur23 nishings that were purchased from a trust fund pass to the control

24 of the Administrator under this section, the Administrator shall

25 reimburse the trust fund for the fair market value of the furniture

26 and furnishings.

27 (3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur28 nishings are carried as assets of a revolving or working capital fund

29 at the time they pass to the control of the Administrator under this

30 section, the net book value of the furniture and furnishings shall be

31 written off and the capital of the fund is diminished by the amount

32 of the write-off.

33 § 589. Installation, repair, and replacement of sidewalks

34 (a) IN GENERAL.—An executive agency may install, repair, and replace

35 sidewalks around buildings, installations, property, or grounds that are—

36 (1) under the agency’s control;

37 (2) owned by the Federal Government; and

38 (3) located in a State, the District of Columbia, Puerto Rico, or a

39 territory or possession of the United States.

40 (b) REIMBURSEMENT.—Subsection (a) may be carried out by—
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1 (1) reimbursement to a State or political subdivision of a State, the

2 District of Columbia, Puerto Rico, or a territory or possession of the

3 United States; or

4 (2) a means other than reimbursement.

5 (c) REGULATIONS.—Subsection (a) shall be carried out in accordance

6 with regulations the Administrator of General Services prescribes with the

7 approval of the Director of the Office of Management and Budget.

8 (d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for

9 installation, repair, and maintenance, generally, are available to carry out

10 this section.

11 (e) LIABILITY.—This section does not increase or enlarge the tort liability

12 of the Government for injuries to individuals or damages to property.

13 § 590. Child care

14 (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General

15 Services Administration’s licensing agreements, the Administrator of Gen16 eral Services shall provide guidance, assistance, and oversight to federal

17 agencies for the development of child care centers to provide economical and

18 effective child care for federal workers.

19 (b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—

20 (1) DEFINITIONS.—In this subsection, the following definitions

21 apply:

22 (A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’

23 means an individual or entity that provides or proposes to provide

24 child care services for federal employees.

25 (B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’

26 means an officer or agency of the Federal Government charged

27 with the allotment of space in federal buildings.

28 (2) ALLOTMENT.—A child care provider may be allotted space in a

29 federal building by an allotment officer if—

30 (A) the child care provider applies to the allotment officer in the

31 community or district in which child care services are to be pro32 vided;

33 (B) the space is available; and

34 (C) the allotment officer determines that—

35 (i) the space will be used to provide child care services to

36 children of whom at least 50 percent have one parent or

37 guardian employed by the Government; and

38 (ii) the child care provider will give priority to federal em39 ployees for available child care services in the space.

40 (c) PAYMENT FOR SPACE AND SERVICES.—
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1 (1) DEFINITION.—For purposes of this subsection, the term ‘‘serv2 ices’’ includes the providing of lighting, heating, cooling, electricity, of3 fice furniture, office machines and equipment, classroom furnishings

4 and equipment, kitchen appliances, playground equipment, telephone

5 service (including installation of lines and equipment and other ex6 penses associated with telephone services), and security systems (in7 cluding installation and other expenses associated with security sys8 tems), including replacement equipment, as needed.

9 (2) NO CHARGE.—Space allotted under subsection (b) may be pro10 vided without charge for rent or services.

11 (3) REIMBURSEMENT FOR COSTS.—For space allotted under sub12 section (b), if there is an agreement for the payment of costs associated

13 with providing space or services, neither title 31, nor any other law,

14 prohibits or restricts payment by reimbursement to the miscellaneous

15 receipts or other appropriate account of the Treasury.

16 (d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility

17 in its space, or is a sponsoring agency for a child care facility in other fed18 eral or leased space, the agency or the Administration may—

19 (1) pay accreditation fees, including renewal fees, for the child care

20 facility to be accredited by a nationally recognized early-childhood pro21 fessional organization;

22 (2) pay travel and per diem expenses for representatives of the child

23 care facility to attend the annual Administration child care conference;

24 and

25 (3) enter into a consortium with one or more private entities under

26 which the private entities assist in defraying costs associated with the

27 salaries and benefits for personnel providing services at the facility.

28 (e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec29 tion 1345 of title 31, an agency, department, or instrumentality of the Gov30 ernment that provides or proposes to provide child care services for federal

31 employees may reimburse a federal employee or any individual employed to

32 provide child care services for travel, transportation, and subsistence ex33 penses incurred for training classes, conferences, or other meetings in con34 nection with providing the services. A per diem allowance made under this

35 subsection may not exceed the rate specified in regulations prescribed under

36 section 5707 of title 5.

37 (f) CRIMINAL HISTORY BACKGROUND CHECKS.—

38 (1) DEFINITION.—In this subsection, the term ‘‘executive facility’’

39 means a facility owned or leased by an office or entity within the execu40 tive branch of the Government. The term includes a facility owned or
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1 leased by the General Services Administration on behalf of an office or

2 entity within the judicial branch of the Government.

3 (2) IN GENERAL.—All workers in a child care center located in an

4 executive facility shall undergo a criminal history background check as

5 defined in section 231 of the Crime Control Act of 1990 (42 U.S.C.

6 13041).

7 (3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This

8 subsection does not apply to a facility owned by or leased on behalf

9 of an office or entity within the legislative branch of the Government.

10 (g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—

11 (1) DEFINITION.—For purposes of this subsection, the term ‘‘Execu12 tive agency’’ has the meaning given that term in section 105 of title

13 5, but does not include the General Accounting Office.

14 (2) IN GENERAL.—In accordance with regulations the Office of Per15 sonnel Management prescribes, an Executive agency that provides or

16 proposes to provide child care services for federal employees may use

17 appropriated amounts that are otherwise available for salaries and ex18 penses to provide child care in a federal or leased facility, or through

19 contract, for civilian employees of the agency.

20 (3) AFFORDABILITY.—Amounts used pursuant to paragraph (2)

21 shall be applied to improve the affordability of child care for lower in22 come federal employees using or seeking to use the child care services.

23 (4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts

24 may be paid in advance to licensed or regulated child care providers

25 for services to be rendered during an agreed period.

26 (5) NOTIFICATION.—No amounts made available by law may be used

27 to implement this subsection without advance notice to the Committees

28 on Appropriations of the House of Representatives and the Senate.

29 § 591. Purchase of electricity

30 (a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agen31 cy, or instrumentality of the Federal Government may not use amounts ap32 propriated or made available by any law to purchase electricity in a manner

33 inconsistent with state law governing the provision of electric utility service,

34 including—

35 (1) state utility commission rulings; and

36 (2) electric utility franchises or service territories established under

37 state statute, state regulation, or state-approved territorial agreements.

38 (b) EXCEPTIONS.—

39 (1) ENERGY SAVINGS.—This section does not preclude the head of

40 a federal agency from entering into a contract under section 801 of the

41 National Energy Conservation Policy Act (42 U.S.C. 8287).
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1 (2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section

2 does not preclude the Secretary of a military department from—

3 (A) entering into a contract under section 2394 of title 10; or

4 (B) purchasing electricity from any provider if the Secretary

5 finds that the utility having the applicable state-approved fran6 chise (or other service authorization) is unwilling or unable to

7 meet unusual standards of service reliability that are necessary for

8 purposes of national defense.

9 § 592. Federal Buildings Fund

10 (a) EXISTENCE.—There is in the Treasury a fund known as the Federal

11 Buildings Fund.

12 (b) DEPOSITS.—

13 (1) IN GENERAL.—The following revenues and collections shall be

14 deposited into the Fund:

15 (A) User charges under section 586(b) of this title, payable in

16 advance or otherwise.

17 (B) Proceeds from the lease of federal building sites or addi18 tions under section 581(d) of this title.

19 (C) Receipts from carriers and others for loss of, or damage to,

20 property belonging to the Fund.

21 (2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This subchapter

22 does not preclude the Administrator of General Services from providing

23 special services, not included in the standard level user charge, on a

24 reimbursable basis. The reimbursements may be credited to the Fund.

25 (3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumula26 tion of excessive surpluses in the Fund, in any fiscal year an amount

27 specified in an appropriation law may be transferred out of the Fund

28 and deposited as miscellaneous receipts in the Treasury.

29 (c) USES.—

30 (1) IN GENERAL.—Deposits in the Fund are available for real prop31 erty management and related activities in the amounts specified in an32 nual appropriation laws without regard to fiscal year limitations.

33 (2) SALARIES AND EXPENSES RELATED TO CONSTRUCTION

34 PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that are

35 available pursuant to annual appropriation laws may be transferred

36 and consolidated on the books of the Treasury into a special account

37 in accordance with, and for the purposes specified in, section 3176 of

38 this title.

39 (3) REPAYMENT OF GENERAL SERVICES ADMINISTRATION BOR40 ROWING FROM FEDERAL FINANCING BANK.—The Administrator, in ac41 cordance with rules and procedures that the Office of Management and
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1 Budget and the Secretary of the Treasury establish, may transfer from

2 the Fund an amount necessary to repay the principal amount of a Gen3 eral Services Administration borrowing from the Federal Financing

4 Bank, if the borrowing is a legal obligation of the Fund.

5 (4) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of

6 amounts authorized to be expended from the Fund, the following are

7 deemed to be federally owned buildings:

8 (A) A building constructed pursuant to the purchase contract

9 authority of section 5 of the Public Buildings Amendments of

10 1972 (Public Law 92–313, 86 Stat. 219).

11 (B) A building occupied pursuant to an installment purchase

12 contract.

13 (C) A building under the control of a department or agency, if

14 alterations of the building are required in connection with moving

15 the department or agency from a former building that is, or will

16 be, under the control of the Administration.

17 (d) ENERGY MANAGEMENT PROGRAMS.—

18 (1) RECEIVING CASH INCENTIVES.—The Administrator may receive

19 amounts from rebates or other cash incentives related to energy savings

20 and shall deposit the amounts in the Fund for use as provided in para21 graph (4).

22 (2) RECEIVING GOODS OR SERVICES.—The Administrator may ac23 cept, from a utility, goods or services that enhance the energy efficiency

24 of federal facilities.

25 (3) ASSIGNMENT OF ENERGY REBATES.—In the administration of

26 real property that the Administrator leases and for which the Adminis27 trator pays utility costs, the Administrator may assign all or a portion

28 of energy rebates to the lessor to underwrite the costs incurred in un29 dertaking energy efficiency improvements in the real property if the

30 payback period for the improvement is at least 2 years less than the

31 remainder of the term of the lease.

32 (4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE33 MENT PROGRAMS.—In addition to amounts appropriated for energy

34 management improvement programs and without regard to subsection

35 (c)(1), the Administrator may obligate for those programs—

36 (A) amounts received and deposited in the Fund under para37 graph (1);

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

39 (C) amounts the Administrator determines are not needed for

40 other authorized projects and that are otherwise available to im41 plement energy efficiency programs.
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1 (e) RECYCLING PROGRAMS.—

2 (1) RECEIVING AMOUNTS.—The Administrator may receive amounts

3 from the sale of recycled materials and shall deposit the amounts in

4 the Fund for use as provided in paragraph (2).

5 (2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition

6 to amounts appropriated for such purposes and without regard to sub7 section (c)(1), the Administrator may obligate amounts received and

8 deposited in the Fund under paragraph (1) for programs which—

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

10 and

11 (B) encourage employees to participate in recycling programs by

12 providing financing for child care.

13 (f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND

14 RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,

15 cash incentives or otherwise, any revenues, collections, or other income re16 lated to energy savings or recycling efforts. Amounts received under this

17 subsection remain in the Fund until expended and remain available for fed18 eral energy management improvement programs, recycling programs, or em19 ployee programs that are authorized by law or that the Administrator con20 siders appropriate. The Administration may use amounts received under

21 this subsection, in addition to amounts received as New Obligational Au22 thority, in activities of the Fund as necessary.

23 § 593. Protection for veterans preference employees

24 (a) DEFINITIONS.—In this section, the following definitions apply:

25 (1) COVERED SERVICES.—The term ‘‘covered services’’ means any

26 guard, elevator operator, messenger, or custodial services.

27 (2) SHELTERED WORKSHOP.—The term ‘‘sheltered workshop’’

28 means a sheltered workshop employing the severely handicapped under

29 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).

30 (b) IN GENERAL.—Except as provided in subsection (c), amounts made

31 available to the Administration pursuant to section 592 of this title may not

32 be obligated or expended to procure covered services by contract if an em33 ployee who was a permanent veterans preference employee of the Adminis34 tration on November 19, 1995, would be terminated as a result.

35 (c) EXCEPTION.—Amounts made available to the Administration pursu36 ant to section 592 of this title may be obligated and expended to procure

37 covered services by contract with a sheltered workshop or, if sheltered work38 shops decline to contract for the provision of covered services, by competitive

39 contract for a period of no longer than 5 years. When a competitive contract

40 expires, or is terminated for any reason, the Administration shall again offer
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1 to procure the covered services by contract with a sheltered workshop before

2 procuring the covered services by competitive contract.

3 SUBCHAPTER VI—MOTOR VEHICLE POOLS AND

4 TRANSPORTATION SYSTEMS

5 § 601. Purposes

6 In order to provide an economical and efficient system for transportation

7 of Federal Government personnel and property consistent with section 101

8 of this title, the purposes of this subchapter are—

9 (1) to establish procedures to ensure safe operation of motor vehicles

10 on Government business;

11 (2) to provide for proper identification of Government motor vehicles;

12 (3) to establish an effective means to limit the use of Government

13 motor vehicles to official purposes;

14 (4) to reduce the number of Government-owned vehicles to the min15 imum necessary to transact public business; and

16 (5) to provide wherever practicable for centrally operated interagency

17 pools or systems for local transportation of Government personnel and

18 property.

19 § 602. Authority to establish motor vehicle pools and trans20 portation systems

21 (a) IN GENERAL.—Subject to section 603 of this title, and regulations

22 issued under section 603, the Administrator of General Services shall—

23 (1) take over from executive agencies and consolidate, or otherwise

24 acquire, motor vehicles and related equipment and supplies;

25 (2) provide for the establishment, maintenance, and operation (in26 cluding servicing and storage) of motor vehicle pools or systems; and

27 (3) furnish motor vehicles and related services to executive agencies

28 for the transportation of property and passengers.

29 (b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined

30 by the Administrator, motor vehicles and related services may be furnished

31 by providing an agency with—

32 (1) Federal Government-owned motor vehicles;

33 (2) the use of motor vehicles, under rental or other arrangements,

34 through private fleet operators, taxicab companies, or local or interstate

35 common carriers; or

36 (3) both.

37 (c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall,

38 so far as practicable, furnish motor vehicles and related services under this

39 section to any federal agency, mixed-ownership Government corporation (as

40 defined in chapter 91 of title 31), or the District of Columbia, on its re41 quest.
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1 § 603. Process for establishing motor vehicle pools and

2 transportation systems

3 (a) DETERMINATION REQUIREMENT.—

4 (1) IN GENERAL.—The Administrator of General Services may carry

5 out section 602 only if the Administrator determines, after consultation

6 with the agencies concerned and with due regard to their program ac7 tivities, that doing so is advantageous to the Federal Government in

8 terms of economy, efficiency, or service.

9 (2) ELEMENTS OF THE DETERMINATION.—A determination under

10 this section must be in writing. For each motor vehicle pool or system,

11 the determination must set forth an analytical justification that

12 includes—

13 (A) a detailed comparison of estimated costs for present and

14 proposed modes of operation; and

15 (B) a showing that savings can be realized by the establishment,

16 maintenance, and operation of a motor vehicle pool or system.

17 (b) REGULATIONS RELATED TO ESTABLISHMENT.—

18 (1) IN GENERAL.—The President shall prescribe regulations estab19 lishing procedures to carry out section 602 of this title.

20 (2) ELEMENTS OF THE REGULATIONS.—The regulations shall pro21 vide for—

22 (A) adequate notice to an executive agency of any determination

23 that affects the agency or its functions;

24 (B) independent review and decision as directed by the Presi25 dent of any determination disputed by an agency, with the possi26 bility that the decision may include a partial or complete exemp27 tion of the agency from the determination; and

28 (C) enforcement of determinations that become effective under

29 the regulations.

30 (3) EFFECT OF THE REGULATIONS.—A determination under sub31 section (a) is binding on an agency only as provided in regulations

32 issued under this subsection.

33 § 604. Treatment of assets taken over to establish motor ve34 hicle pools and transportation systems

35 (a) REIMBURSEMENT.—

36 (1) REQUIREMENT.—When the Administrator of General Services

37 takes over motor vehicles or related equipment or supplies under sec38 tion 602 of this title, reimbursement is required if the property is taken

39 over from—

40 (A) a Government corporation; or
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1 (B) an agency, if the agency acquired the property through un2 reimbursed expenditures made from a revolving or trust fund au3 thorized by law.

4 (2) AMOUNT.—The Administrator shall reimburse a Government cor5 poration, or a fund through which an agency acquired property, by an

6 amount equal to the fair market value of the property. If the Adminis7 trator subsequently returns property of a similar kind under section

8 610 of this title, the Government corporation or the fund shall reim9 burse the Administrator by an amount equal to the fair market value

10 of the property returned.

11 (b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes

12 over motor vehicles or related equipment or supplies under section 602 of

13 this title but reimbursement is not required under subsection (a), the value

14 of the property taken over, as determined by the Administrator, may be

15 added to the capital of the General Supply Fund. If the Administrator sub16 sequently returns property of a similar kind under section 610 of this title,

17 the value of the property may be deducted from the Fund.

18 § 605. Payment of costs

19 (a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General

20 Supply Fund provided for in section 321 of this title is available for use

21 by or under the direction and control of the Administrator of General Serv22 ices to pay the costs of carrying out section 602 of this title, including the

23 cost of purchasing or renting motor vehicles and related equipment and sup24 plies.

25 (b) SETTING PRICES TO RECOVER COSTS.—

26 (1) IN GENERAL.—The Administrator shall set prices for furnishing

27 motor vehicles and related services under section 602 of this title.

28 Prices shall be set to recover, so far as practicable, all costs of carrying

29 out section 602 of this title.

30 (2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s

31 discretion, prices may include an increment for the estimated replace32 ment cost of motor vehicles and related equipment and supplies. Not33 withstanding section 321(f)(1) of this title, the increment may be re34 tained as a part of the capital of the General Supply Fund but is avail35 able only to replace motor vehicles and related equipment and supplies.

36 (c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re37 lated equipment, and any increment for estimated replacement cost, shall

38 be recovered only through charges for the cost of amortization. Costs shall

39 be determined, and financial reports prepared, in accordance with the ac40 crual accounting method.
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1 § 606. Regulations related to operation

2 (a) IN GENERAL.—The Director of the Office of Personnel Management

3 shall prescribe regulations to govern executive agencies in authorizing civil4 ian personnel to operate Federal Government-owned motor vehicles for offi5 cial purposes within the States of the United States, the District of Colum6 bia, Puerto Rico, and the territories and possessions of the United States.

7 (b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe

8 standards of physical fitness for authorized operators. The regulations may

9 require operators and prospective operators to obtain state and local licenses

10 or permits that are required to operate similar vehicles for other than offi11 cial purposes.

12 (c) AGENCY ORDERS.—The head of each executive agency shall issue or13 ders and directives necessary for compliance with the regulations. The or14 ders and directives shall provide for—

15 (1) periodically testing the physical fitness of operators and prospec16 tive operators; and

17 (2) suspension and revocation of authority to operate.

18 § 607. Records

19 The Administrator of General Services shall maintain an accurate record

20 of the cost of establishing, maintaining, and operating each motor vehicle

21 pool or system established under section 602 of this title.

22 § 608. Scrip, tokens, tickets

23 The Administrator of General Services, in the operation of motor vehicle

24 pools or systems under this subchapter, may provide for the sale and use

25 of scrip, tokens, tickets, and similar devices to collect payment.

26 § 609. Identification of vehicles

27 (a) IN GENERAL.—Under regulations prescribed by the Administrator of

28 General Services, every motor vehicle acquired and used for official purposes

29 within the United States, or the territories or possessions of the United

30 States, by any federal agency or by the District of Columbia shall be con31 spicuously identified by showing, on the vehicle—

32 (1)(A) the full name of the department, establishment, corporation,

33 or agency that uses the vehicle and the service for which the vehicle

34 is used; or

35 (B) a title that readily identifies the department, establishment, cor36 poration, or agency that uses the vehicle and that is descriptive of the

37 service for which the vehicle is used; and

38 (2) the legend ‘‘For official use only’’.

39 (b) EXCEPTIONS.—The regulations prescribed pursuant to this section

40 may provide for exemptions when conspicuous identification would interfere

41 with the purpose for which a vehicle is acquired and used.
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1 § 610. Discontinuance of motor vehicle pool or system

2 (a) IN GENERAL.—The Administrator of General Services shall dis3 continue a motor vehicle pool or system if there are no actual savings real4 ized (based on accounting as provided in section 605 of this title) during

5 a reasonable period of not longer than two successive fiscal years.

6 (b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or

7 system is discontinued, the Administrator shall return to each agency in8 volved motor vehicles and related equipment and supplies similar in kind

9 and reasonably comparable in value to any motor vehicles and related equip10 ment and supplies which were previously taken over by the Administrator.

11 § 611. Duty to report violations

12 During the regular course of the duties of the Administrator of General

13 Services, if the Administrator becomes aware of a violation of section 1343,

14 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the con15 version by a Federal Government official or employee of a Government16 owned or leased motor vehicle to the official or employee’s own use or to

17 the use of others, the Administrator shall report the violation to the head

18 of the agency in which the official or employee is employed, for further in19 vestigation and either appropriate disciplinary action under section 1343,

20 1344, or 1349(b) or, if appropriate, referral to the Attorney General for

21 prosecution under section 641.

22 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.

23 § 701. Administrative

24 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre25 scribe policies that the President considers necessary to carry out this chap26 ter. The policies must be consistent with this chapter.

27 (b) EXECUTIVE AGENCY RESPONSIBILITY.—

28 (1) IN GENERAL.—The head of an executive agency that has foreign

29 excess property is responsible for the disposal of the property.

30 (2) CONFORMANCE TO POLICIES.—In carrying out functions under

31 this chapter, the head of an executive agency shall—

32 (A) use the policies prescribed by the President under sub33 section (a) for guidance; and

34 (B) dispose of foreign excess property in a manner that con35 forms to the foreign policy of the United States.

36 (3) DELEGATION OF AUTHORITY.—The head of an executive agency

37 may—
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1 (A) delegate authority conferred by this chapter to an official

2 in the agency or to the head of another executive agency; and

3 (B) authorize successive redelegation of authority conferred by

4 this chapter.

5 (4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this

6 chapter, the head of an executive agency may—

7 (A) appoint and fix the pay of personnel in the United States,

8 subject to chapters 33 and 51 and subchapter III of chapter 53

9 of title 5; and

10 (B) appoint personnel outside the States of the United States

11 and the District of Columbia, without regard to chapter 33 of title

12 5.

13 (c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—

14 (1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of

15 State may use foreign currencies and credits acquired by the United

16 States under section 704(b)(2) of this title—

17 (A) to carry out the Mutual Educational and Cultural Exchange

18 Act of 1961 (22 U.S.C. 2451 et seq.);

19 (B) to carry out the Foreign Service Buildings Act, 1926 (22

20 U.S.C. 292 et seq.); and

21 (C) to pay other governmental expenses payable in local cur22 rencies.

23 (2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di24 rected by the President, the Secretary of State shall continue to per25 form functions under agreements in effect on July 1, 1949, related to

26 the disposal of foreign excess property. The Secretary of State may

27 amend, modify, and renew the agreements. Foreign currencies or cred28 its the Secretary of State acquires under the agreements shall be ad29 ministered in accordance with procedures that the Secretary of the

30 Treasury may establish. Foreign currencies or credits reduced to

31 United States currency must be deposited in the Treasury as miscella32 neous receipts.

33 § 702. Return of foreign excess property to United States

34 (a) IN GENERAL.—Under regulations prescribed pursuant to subsection

35 (b), foreign excess property may be returned to the United States for han36 dling as excess or surplus property under subchapter II of chapter 5 of this

37 title or section 549 or 551 of this title when the head of the executive agen38 cy concerned, or the Administrator of General Services after consultation

39 with the agency head, determines that return of the property to the United

40 States for such handling is in the interest of the United States.
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1 (b) REGULATIONS.—The Administrator shall prescribe regulations to

2 carry out this section. The regulations must require that transportation

3 costs for returning foreign excess property to the United States are paid

4 by the federal agency, state agency, or donee receiving the property.

5 § 703. Donation of medical supplies for use in foreign coun6 try

7 (a) APPLICATION.—This section applies to medical materials or supplies

8 that are in a foreign country but that would, if situated within the United

9 States, be available for donation under subchapter III of chapter 5 of this

10 title.

11 (b) IN GENERAL.—An executive agency may donate medical materials or

12 supplies that are not disposed of under section 702 of this title.

13 (c) CONDITIONS.—A donation under this section is subject to the fol14 lowing conditions:

15 (1) The medical materials and supplies must be donated for use in

16 a foreign country.

17 (2) The donation must be made to a nonprofit medical or health or18 ganization, which may be an organization qualified to receive assistance

19 under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22

20 U.S.C. 2174(b), 2357).

21 (3) The donation must be made without cost to the donee (except

22 for costs of care and handling).

23 § 704. Other methods of disposal

24 (a) IN GENERAL.—Foreign excess property not disposed of under section

25 702 or 703 of this title may be disposed of as provided in this section.

26 (b) METHODS OF DISPOSAL.—

27 (1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an exec28 utive agency may dispose of foreign excess property by sale, exchange,

29 lease, or transfer, for cash, credit or other property, with or without

30 warranty, under terms and conditions the head of the executive agency

31 considers proper.

32 (2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head

33 of an executive agency determines that it is in the interest of the

34 United States, foreign excess property may be exchanged for—

35 (A) foreign currencies or credits; or

36 (B) substantial benefits or the discharge of claims resulting

37 from the compromise or settlement of claims in accordance with

38 law.

39 (3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an

40 executive agency may authorize the abandonment, destruction, or dona41 tion of foreign excess property if the property has no commercial value
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1 or if estimated costs of care and handling exceed the estimated pro2 ceeds from sale.

3 (c) ADVERTISING.—The head of an executive agency may dispose of for4 eign excess property without advertising if the head of the executive agency

5 finds that disposal without advertising is the most practicable and advan6 tageous means for the Federal Government to dispose of the property.

7 (d) TRANSFER OF TITLE.—The head of an executive agency may execute

8 documents to transfer title or other interests in, and take other action nec9 essary or proper to dispose of, foreign excess property.

10 § 705. Handling of proceeds from disposal

11 (a) IN GENERAL.—This section applies to proceeds from the sale, lease,

12 or other disposition of foreign excess property under this chapter.

13 (b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign

14 currencies or credits, must be administered in accordance with procedures

15 that the Secretary of the Treasury may establish.

16 (c) UNITED STATES CURRENCY.—

17 (1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap18 plies to proceeds of foreign excess property disposed of for United

19 States currency under this chapter.

20 (2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.—Ex21 cept as provided in paragraph (1), proceeds in the form of United

22 States currency, including foreign currencies or credits that are re23 duced to United States currency, must be deposited in the Treasury

24 as miscellaneous receipts.

25 (d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

26 (1) DEPOSITS.—A federal agency that disposes of foreign excess

27 property under this chapter may deposit, in a special account in the

28 Treasury, amounts of the proceeds of the dispositions that the agency

29 decides are necessary to permit—

30 (A) appropriate refunds to purchasers for dispositions that are

31 rescinded or that do not become final; and

32 (B) payments for breach of warranty.

33 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a

34 special account under paragraph (1) may withdraw amounts to be re35 funded or paid from the account without regard to the origin of the

36 amounts withdrawn.

37 CHAPTER 9—URBAN LAND USE

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.
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1 § 901. Purpose and policy

2 The purpose of this chapter is to promote harmonious intergovernmental

3 relations and encourage sound planning, zoning, and land use practices by

4 prescribing uniform policies and procedures for the Administrator of Gen5 eral Services to acquire, use, and dispose of land in urban areas. To the

6 greatest extent practicable, urban land transactions entered into for the

7 General Services Administration and other federal agencies shall be con8 sistent with zoning and land use practices and with the planning and devel9 opment objectives of local governments and planning agencies.

10 § 902. Definitions

11 In this chapter, the following definitions apply:

12 (1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

13 general local government’’ means a city, county, town, parish, village,

14 or other general-purpose political subdivision of a State.

15 (2) URBAN AREA.—The term ‘‘urban area’’ means—

16 (A) a geographical area within the jurisdiction of an incor17 porated city, town, borough, village, or other unit of general local

18 government, except a county or parish, having a population of at

19 least 10,000 inhabitants;

20 (B) that portion of the geographical area within the jurisdiction

21 of a county, town, township, or similar governmental entity which

22 contains no incorporated unit of general local government but has

23 a population density of at least 1,500 inhabitants per square mile;

24 and

25 (C) that portion of a geographical area having a population den26 sity of at least 1,500 inhabitants per square mile and situated ad27 jacent to the boundary of an incorporated unit of general local

28 government which has a population of at least 10,000.

29 § 903. Acquisition and use

30 (a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before

31 making a commitment to acquire real property situated in an urban area,

32 the Administrator of General Services shall give notice of the intended ac33 quisition and the proposed use of the property to the unit of general local

34 government exercising zoning and land use jurisdiction. If the Administrator

35 determines that providing advance notice would adversely impact the acqui36 sition, the Administrator shall give notice of the acquisition and the pro37 posed use of the property immediately after the property is acquired.

38 (b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisi39 tion or change of use of real property situated in an urban area as a site

40 for public building, if the unit of general local government exercising zoning

41 and land use jurisdiction objects on grounds that the proposed acquisition
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1 or change of use conflicts with zoning regulations or planning objectives, the

2 Administrator shall, to the extent the Administrator determines is prac3 ticable, consider all the objections and comply with the zoning regulations

4 and planning objectives.

5 § 904. Disposal

6 (a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ7 ated in an urban area for sale, the Administrator of General Services shall

8 give reasonable notice to the unit of general local government exercising

9 zoning and land use jurisdiction in order to provide an opportunity for zon10 ing so that the property is used in accordance with local comprehensive

11 planning described in subsection (c).

12 (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent

13 practicable, the Administrator shall furnish to all prospective purchasers of

14 real property situated in an urban area complete information concerning—

15 (1) current zoning regulations, prospective zoning requirements, and

16 objectives for property if it is unzoned; and

17 (2)(A) the current availability of streets, sidewalks, sewers, water,

18 street lights, and other service facilities; and

19 (B) the prospective availability of those service facilities if the prop20 erty is included in local comprehensive planning described in subsection

21 (c).

22 (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning

23 referred to in subsections (a) and (b) includes any of the following activities,

24 to the extent the activity is directly related to the needs of a unit of general

25 local government:

26 (1) As a guide for government policy and action, preparing general

27 plans related to—

28 (A) the pattern and intensity of land use;

29 (B) the provision of public facilities (including transportation

30 facilities) and other government services; and

31 (C) the effective development and use of human and natural re32 sources.

33 (2) Preparing long-range physical and fiscal plans for government

34 action.

35 (3) Programming capital improvements and other major expendi36 tures, based on a determination of relative urgency, together with de37 finitive financial planning for expenditures in the earlier years of a pro38 gram.

39 (4) Coordinating related plans and activities of state and local gov40 ernments and agencies.
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1 (5) Preparing regulatory and administrative measures to support ac2 tivities described in this subsection.

3 § 905. Waiver

4 The procedures prescribed in sections 903 and 904 of this title may be

5 waived during a period of national emergency proclaimed by the President.

6 CHAPTER 11—SELECTION OF ARCHITECTS AND

7 ENGINEERS

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.

8 § 1101. Policy

9 The policy of the Federal Government is to publicly announce all require10 ments for architectural and engineering services and to negotiate contracts

11 for architectural and engineering services on the basis of demonstrated com12 petence and qualification for the type of professional services required and

13 at fair and reasonable prices.

14 § 1102. Definitions

15 In this chapter, the following definitions apply:

16 (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a

17 department, agency, or bureau of the Federal Government.

18 (2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘ar19 chitectural and engineering services’’ means—

20 (A) professional services of an architectural or engineering na21 ture, as defined by state law, if applicable, that are required to

22 be performed or approved by a person licensed, registered, or cer23 tified to provide the services described in this paragraph;

24 (B) professional services of an architectural or engineering na25 ture performed by contract that are associated with research, plan26 ning, development, design, construction, alteration, or repair of

27 real property; and

28 (C) other professional services of an architectural or engineering

29 nature, or incidental services, which members of the architectural

30 and engineering professions (and individuals in their employ) may

31 logically or justifiably perform, including studies, investigations,

32 surveying and mapping, tests, evaluations, consultations, com33 prehensive planning, program management, conceptual designs,

34 plans and specifications, value engineering, construction phase

35 services, soils engineering, drawing reviews, preparation of oper36 ating and maintenance manuals, and other related services.
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1 (3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,

2 corporation, association, or other legal entity permitted by law to prac3 tice the profession of architecture or engineering.

4 § 1103. Selection procedure

5 (a) IN GENERAL.—These procedures apply to the procurement of archi6 tectural and engineering services by an agency head.

7 (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to

8 submit annually a statement of qualifications and performance data.

9 (c) EVALUATION.—For each proposed project, the agency head shall

10 evaluate current statements of qualifications and performance data on file

11 with the agency, together with statements submitted by other firms regard12 ing the proposed project. The agency head shall conduct discussions with

13 at least 3 firms to consider anticipated concepts and compare alternative

14 methods for furnishing services.

15 (d) SELECTION.—From the firms with which discussions have been con16 ducted, the agency head shall select, in order of preference, at least 3 firms

17 that the agency head considers most highly qualified to provide the services

18 required. Selection shall be based on criteria established and published by

19 the agency head.

20 § 1104. Negotiation of contract

21 (a) IN GENERAL.—The agency head shall negotiate a contract for archi22 tectural and engineering services at compensation which the agency head de23 termines is fair and reasonable to the Federal Government. In determining

24 fair and reasonable compensation, the agency head shall consider the scope,

25 complexity, professional nature, and estimated value of the services to be

26 rendered.

27 (b) ORDER OF NEGOTIATION.—The agency head shall attempt to nego28 tiate a contract, as provided in subsection (a), with the most highly qualified

29 firm selected under section 1103 of this title. If the agency head is unable

30 to negotiate a satisfactory contract with the firm, the agency head shall for31 mally terminate negotiations and then undertake negotiations with the next

32 most qualified of the selected firms, continuing the process until an agree33 ment is reached. If the agency head is unable to negotiate a satisfactory

34 contract with any of the selected firms, the agency head shall select addi35 tional firms in order of their competence and qualification and continue ne36 gotiations in accordance with this section until an agreement is reached.

37 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.
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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.

1 § 1301. Charge of property transferred to the Federal Gov2 ernment

3 (a) IN GENERAL.—Except as provided in subsection (b), the Adminis4 trator of General Services shall have charge of—

5 (1) all land and other property which has been or may be assigned,

6 set off, or conveyed to the Federal Government in payment of debts;

7 (2) all trusts created for the use of the Government in payment of

8 debts due the Government; and

9 (3) the sale and disposal of land—

10 (A) assigned or set off to the Government in payment of debt;

11 or

12 (B) vested in the Government by mortgage or other security for

13 the payment of debts.

14 (b) NONAPPLICATION.—This section does not apply to—

15 (1) real estate which has been or shall be assigned, set off, or con16 veyed to the Government in payment of debts arising under the Inter17 nal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or

18 (2) trusts created for the use of the Government in payment of debts

19 arising under the Code and due the Government.

20 § 1302. Lease of buildings

21 Except as otherwise specifically provided by law, the leasing of buildings

22 and property of the Federal Government shall be for a money consideration

23 only. The lease may not include any provision for the alteration, repair, or

24 improvement of the buildings or property as a part of the consideration for

25 the rent to be paid for the use and occupation of the buildings or property.

26 Money derived from the rent shall be deposited in the Treasury as miscella27 neous receipts.

28 § 1303. Disposition of surplus real property

29 (a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an

30 executive department, independent establishment, commission, board, bu31 reau, division, or office in the executive branch, or other agency of the Fed32 eral Government, including wholly owned Government corporations.

33 (b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—

34 (1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec35 ommendation of the Administrator of General Services, or the federal
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1 agency having control of any real property the agency acquires that is

2 located outside of the District of Columbia, other than military or naval

3 reservations, declares the property to be surplus to the needs of the

4 agency, the Administrator—

5 (A) may assign space in the property to any federal agency;

6 (B) pending a sale, may lease the property for not more than

7 5 years and on terms the Administrator considers to be in the

8 public interest; or

9 (C) may sell the property at public sale to the highest respon10 sible bidder on terms and after public advertisement that the Ad11 ministrator considers to be in the public interest.

12 (2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency

13 to which space is assigned does not desire to occupy the space, the deci14 sion of the Administrator under paragraph (1)(A) is subject to review

15 by the President.

16 (3) NEGOTIATED SALE.—If no bids which are satisfactory as to price

17 and responsibility of the bidder are received as a result of public adver18 tisement, the Administrator may sell the property by negotiation, on

19 terms as may be considered to be to the best interest of the Govern20 ment, but at a price not less than that bid by the highest responsible

21 bidder.

22 (c) DEMOLITION.—The Administrator may demolish any building de23 clared to be surplus to the needs of the Government under this section on

24 deciding that demolition will be in the best interest of the Government. Be25 fore proceeding with the demolition, the Administrator shall inform the Sec26 retary of the Interior in writing of the Administrator’s intention to demolish

27 the building, and shall not proceed with the demolition until receiving writ28 ten notice from the Secretary that the building is not an historic building

29 of national significance within the meaning of the Act of August 21, 1935

30 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq31 uities Act). If the Secretary does not notify the Administrator of the Sec32 retary’s decision as to whether the building is an historic building of na33 tional significance within 90 days of the receipt of the notice of intention

34 to demolish the building, the Administrator may proceed to demolish the

35 building.

36 (d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When

37 the Administrator, after investigation, decides that real property referred to

38 in subsection (b) should be used for the accommodation of a federal agency,

39 the Administrator may make any repairs or alterations that the Adminis40 trator considers necessary or advisable and may maintain and operate the

41 property.
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1 (e) PAYMENT BY FEDERAL AGENCIES.—

2 (1) ASSIGNED REAL PROPERTY.—To the extent that the appropria3 tions of the General Services Administration not otherwise allocated are

4 inadequate for repairs, alterations, maintenance, or operation, the Ad5 ministrator may require each federal agency to which space has been

6 assigned to pay promptly by check to the Administrator out of its ap7 propriation for rent any part of the estimated or actual cost of the re8 pairs, alterations, maintenance, and operation. Payment may be either

9 in advance of, or on or during, occupancy of the space. The Adminis10 trator shall determine and equitably apportion the total amount to be

11 paid among the agencies to whom space has been assigned.

12 (2) LEASED SPACES.—To the extent that the appropriations of the

13 Administration not otherwise required are inadequate, the Adminis14 trator may require each federal agency to which leased space has been

15 assigned to pay promptly by check to the Administrator out of its avail16 able appropriations any part of the estimated cost of rent, repairs, al17 terations, maintenance, operation, and moving. Payment may be either

18 in advance or during occupancy of the space. When space in a building

19 is occupied by two or more agencies, the Administrator shall determine

20 and equitably apportion rental, operation, and other charges on the

21 basis of the total amount of space leased.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be

23 appropriated to cover the costs incident to the sale or lease of real property,

24 or authorized demolition of buildings on the property, declared to be surplus

25 to the needs of any federal agency under this section, and the care, mainte26 nance, and protection of the property, including pay of employees, travel of

27 Government employees, brokers’ fees not in excess of rates paid for similar

28 services in the community where the property is situated, appraisals, photo29 graphs, surveys, evidence of title and perfecting of defective titles, adver30 tising, and telephone and telegraph charges. However, the agency remains

31 responsible for the proper care, maintenance, and protection of the property

32 until the Administrator assumes custody or other disposition of the property

33 is made.

34 (g) REGULATIONS.—The Administrator may prescribe regulations as nec35 essary to carry out this section.

36 § 1304. Transfer of federal property to States

37 (a) OBSOLETE BUILDINGS AND SITES.—

38 (1) IN GENERAL.—The Administrator of General Services, in the Ad39 ministrator’s discretion, on terms the Administrator considers proper,

40 and under regulations the Administrator may prescribe, may sell prop41 erty described in paragraph (2) to a State or a political subdivision of
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1 a State for public use if the Administrator considers the sale to be in

2 the best interest of the Federal Government.

3 (2) APPLICABLE PROPERTY.—The property referred to in paragraph

4 (1) is any federal building, building site, or part of a building site

5 under the Administrator’s control that has been replaced by a new

6 structure and that the Administrator determines is no longer needed

7 by the Government.

8 (3) PRICE.—The purchase price for a sale under this section must

9 be at least 50 percent of the value of the land as appraised by the Ad10 ministrator.

11 (4) PROCEEDS OF SALE.—The proceeds of a sale under this section

12 shall be deposited in the Treasury as miscellaneous receipts.

13 (5) PAYMENT TERMS.—The Administrator may enter into a long

14 term contract for the payment of the purchase price in installments

15 that the Administrator considers fair and reasonable. The Adminis16 trator may waive any requirement for interest charges on deferred pay17 ment.

18 (6) CONVEYANCE.—The Administrator may convey property sold

19 under this section by the usual quitclaim deed.

20 (b) WIDENING OF PUBLIC ROADS.—

21 (1) DEFINITION.—In this subsection, the term ‘‘executive agency’’

22 means an executive department or independent establishment in the ex23 ecutive branch of the Government, including any wholly owned Govern24 ment corporation.

25 (2) IN GENERAL.—When a State or a political subdivision of a State

26 applies for a conveyance or transfer of real property of the Government

27 in connection with an authorized widening of a public highway, street,

28 or alley, the head of the executive agency that controls the affected real

29 property may convey or transfer to the State or political subdivision,

30 with or without consideration, an interest in the real property that the

31 agency head determines is not adverse to the interests of the Govern32 ment. A conveyance or transfer under this subsection is subject to

33 terms and conditions the agency head considers necessary to protect

34 the interests of the Government.

35 (3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An in36 terest in real property which can be transferred to a State or a political

37 subdivision of a State for highway purposes under title 23 may not be

38 conveyed or transferred under this subsection.

39 (4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way

40 over, under, and through public lands and lands in the National Forest

41 System may not be granted under this subsection.
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1 § 1305. Disposition of land acquired by devise

2 The General Services Administration may take custody, for disposal as

3 excess property under this subtitle and title III of the Federal Property and

4 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land ac5 quired by the Federal Government by devise.

6 § 1306. Disposition of abandoned or forfeited personal prop7 erty

8 (a) DEFINITIONS.—In this section—

9 (1) AGENCY.—The term ‘‘agency’’ includes any executive depart10 ment, independent establishment, board, commission, bureau, service,

11 or division of the Federal Government, and any corporation in which

12 the Government owns at least a majority of the stock.

13 (2) PROPERTY.—The term ‘‘property’’ means all personal property,

14 including vessels, vehicles, and aircraft.

15 (b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban16 doned to any agency in a way that vests title to the property in the Govern17 ment may be retained by the agency and devoted to official use only. If the

18 agency does not desire to retain the property, the head of the agency imme19 diately shall notify the Administrator of General Services to that effect, and

20 the Administrator, within a reasonable time, shall—

21 (1) order the agency to deliver the property to another agency that

22 requests the property and that the Administrator believes should be

23 given the property; or

24 (2) order disposal of the property as otherwise provided by law.

25 (c) FORFEITED PROPERTY.—

26 (1) AGENCY RETAINS PROPERTY.—An agency that seizes property

27 that has been forfeited to the Government other than by court decree

28 may retain the property and devote it only to official use instead of

29 disposing of the property as otherwise provided by law if competent au30 thority does not order the property returned to any claimant.

31 (2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agen32 cy does not desire to retain the property, the head of the agency imme33 diately shall notify the Administrator to that effect, and the property—

34 (A) if not ordered by competent authority to be returned to any

35 claimant, or disposed of as otherwise provided by law, shall be de36 livered by the agency, on order of the Administrator given within

37 a reasonable time, to another agency that requests the property

38 and that the Administrator believes should be given the property;

39 or

40 (B) on order of the Administrator given within a reasonable

41 time, shall be disposed of as otherwise provided by law.
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1 (d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—

2 (1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun

3 for the forfeiture of any property by court decree, the agency that

4 seized the property immediately shall notify the Administrator and at

5 the same time may file with the Administrator a request for the prop6 erty for its official use.

7 (2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—

8 (A) IN GENERAL.—Before entry of a decree, the Administrator

9 shall apply to the court to order delivery of the property in accord10 ance with this paragraph.

11 (B) DELIVERY TO SEIZING AGENCY.—If the agency that seized

12 the property files a request for the property under paragraph (1),

13 the Administrator shall apply to the court to order delivery of the

14 property to the agency that seized the property.

15 (C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency

16 that seized the property does not file a request for the property

17 under paragraph (1) but another agency requests the property, the

18 Administrator shall apply to the court to order delivery of the

19 property to the requesting agency if the Administrator believes

20 that the requesting agency should be given the property.

21 (D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLD22 ING.—If application to the court cannot be made under subpara23 graph (B) or (C) and the Administrator believes the property may

24 later become necessary to any agency for official use, the Adminis25 trator shall apply to the court to order delivery of the property to

26 the agency that seized the property, to be retained in its custody.

27 Within a reasonable time, the Administrator shall order the agen28 cy to—

29 (i) deliver the property to another agency that requests the

30 property and that the Administrator believes should be given

31 the property; or

32 (ii) dispose of the property as otherwise provided by law.

33 (3) FORFEITURE DECREED.—If forfeiture is decreed and the prop34 erty is not ordered by competent authority to be returned to any claim35 ant, the court shall order delivery as provided in paragraph (2).

36 (4) WHEN NO APPLICATION MADE.—The court shall dispose of prop37 erty for which no application is made in accordance with law.

38 (e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention

39 or delivery of forfeited or abandoned property under this section is deemed

40 to be a sale of the property for the purpose of laws providing for informer’s

41 fees or remission or mitigation of a forfeiture. Property acquired under this
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1 section when no longer needed for official use shall be disposed of in the

2 same manner as other surplus property.

3 (f) PAYMENT OF COSTS RELATED TO PROPERTY.—

4 (1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available

5 to an agency for the purchase, hire, operation, maintenance, and repair

6 of any property is available for—

7 (A) the payment of expenses of operation, maintenance, and re8 pair of property of the same kind the agency receives under this

9 section for official use;

10 (B) the payment of a lien recognized and allowed under law;

11 (C) the payment of amounts found to be due a person on the

12 authorized remission or mitigation of a forfeiture; and

13 (D) reimbursement of other agencies as provided in paragraph

14 (2).

15 (2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen16 cy that receives property under this section shall pay the cost of haul17 ing, transporting, towing, and storing the property. If the property is

18 later delivered to another agency for official use under this section, the

19 agency to which the property is delivered shall make reimbursement for

20 all of those costs incurred prior to the date the property is delivered.

21 (g) REPORT.—With the approval of the Secretary of the Treasury, the

22 Administrator may require an agency to make a report of all property aban23 doned to it or seized and the disposal of the property.

24 (h) ADMINISTRATIVE.—

25 (1) REGULATIONS.—With the approval of the Secretary, the Admin26 istrator may prescribe regulations necessary to carry out this section.

27 (2) OTHER LAWS NOT REPEALED.—This section does not repeal any

28 other laws relating to the disposition of forfeited or abandoned prop29 erty, except provisions of those laws directly in conflict with this section

30 which were enacted prior to August 27, 1935.

31 (3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC32 TION.—The following classes of property are not subject to allocation

33 under this section, but shall be disposed of in the manner otherwise

34 provided by law:

35 (A) narcotic drugs, as defined in the Controlled Substances Act

36 (21 U.S.C. 801 et seq.).

37 (B) firearms, as defined in section 5845 of the Internal Revenue

38 Code of 1986 (26 U.S.C. 5845).

39 (C) other classes or kinds of property the disposal of which the

40 Administrator, with the approval of the Secretary, may consider

41 in the public interest, and may by regulation provide.
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1 § 1307. Disposition of securities

2 The President, or an officer, agent, or agency the President may des3 ignate, may dispose of any securities acquired on behalf of the Federal Gov4 ernment under the provisions of the Transportation Act of 1920 (ch. 91,

5 41 Stat. 456), including any securities acquired as an incident to a case

6 under title 11, under a receivership or reorganization proceeding, by assign7 ment, transfer, substitution, or issuance, or by acquisition of collateral given

8 for the payment of obligations to the Government, or may make arrange9 ments for the extension of the maturity of the securities, in the manner,

10 in amounts, at prices, for cash, securities, or other property or any combina11 tion of cash, securities, or other property, and on terms and conditions the

12 President or designee considers advisable and in the public interest.

13 § 1308. Disposition of unfit horses and mules

14 Subject to applicable regulations under this subtitle and title III of the

15 Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251

16 et seq.), horses and mules belonging to the Federal Government that have

17 become unfit for service may be destroyed or put out to pasture, either on

18 pastures belonging to the Government or those belonging to financially

19 sound and reputable humane organizations whose facilities permit them to

20 care for the horses and mules during the remainder of their natural lives,

21 at no cost to the Government.

22 § 1309. Preservation, sale, or collection of wrecked, aban23 doned, or derelict property

24 The Administrator of General Services may make contracts and provi25 sions for the preservation, sale, or collection of property, or the proceeds

26 of property, which may have been wrecked, been abandoned, or become der27 elict, if the Administrator considers the contracts and provisions to be in

28 the interest of the Federal Government and the property is within the juris29 diction of the United States and should come to the Government. A contract

30 may provide compensation the Administrator considers just and reasonable

31 to any person who gives information about the property or actually pre32 serves, collects, surrenders, or pays over the property. Under each specific

33 agreement for obtaining, preserving, collecting, or receiving property or

34 making property available, the costs or claim chargeable to the Government

35 may not exceed amounts realized and received by the Government.

36 § 1310. Sale of war supplies, land, and buildings

37 (a) IN GENERAL.—The President, through the head of any executive de38 partment and on terms the head of the department considers expedient,

39 may sell to a person, another department of the Federal Government, or

40 the government of a foreign country engaged in war against a country with

41 which the United States is at war—
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1 (1) war supplies, material, and equipment;

2 (2) by-products of the war supplies, material, and equipment; and

3 (3) any building, plant, or factory, including the land on which the

4 plant or factory may be situated, acquired since April 6, 1917, for the

5 production of war supplies, materials, and equipment that, during the

6 emergency existing on July 9, 1918, may have been purchased, ac7 quired, or manufactured by the Government.

8 (b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns

9 and ammunition authorized under any law shall be limited to—

10 (1) other departments of the Government;

11 (2) governments of foreign countries engaged in war against a coun12 try with which the United States is at war; and

13 (3) members of the National Rifle Association and of other recog14 nized associations organized in the United States for the encourage15 ment of small-arms target practice.

16 § 1311. Authority of President to obtain release

17 For the use or benefit of the Federal Government, the President may ob18 tain from an individual or officer to whom land has been or will be conveyed

19 a release of the individual’s or officer’s interest to the Government.

20 § 1312. Release of real estate in certain cases

21 (a) IN GENERAL.—Real estate that has become the property of the Fed22 eral Government in payment of a debt which afterward is fully paid in

23 money and received by the Government may be conveyed by the Adminis24 trator of General Services to the debtor from whom it was taken or to the

25 heirs or devisees of the debtor or the person that they may appoint.

26 (b) NONAPPLICATION.—This section does not apply to real estate the

27 Government acquires in payment of any debt arising under the Internal

28 Revenue Code of 1986 (26 U.S.C. 1 et seq.).

29 § 1313. Releasing property from attachment

30 (a) STIPULATION OF DISCHARGE.—

31 (1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi32 cial proceeding under the laws of a State, district, territory, or posses33 sion of the United States, when property owned or held by the Federal

34 Government, or in which the Government has or claims an interest, is

35 seized, arrested, attached, or held for the security or satisfaction of a

36 claim made against the property, the Attorney General may direct the

37 United States Attorney for the district in which the property is located

38 to enter a stipulation that on discharge of the property from the sei39 zure, arrest, attachment, or proceeding, the person asserting the claim

40 against the property becomes entitled to all the benefits of this section.

41 (2) NONAPPLICATION.—This subsection does not—
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1 (A) recognize or concede any right to enforce by seizure, arrest,

2 attachment, or any judicial process a claim against property—

3 (i) of the Government; or

4 (ii) held, owned, or employed by the Government, or by a

5 department of the Government, for a public use; or

6 (B) waive an objection to a proceeding brought to enforce the

7 claim.

8 (b) PAYMENT.—After a discharge, a final judgment which affirms the

9 claim for the security or satisfaction and the right of the person asserting

10 the claim to enforce it against the property, notwithstanding the claims of

11 the Government, is deemed to be a full and final determination of the rights

12 of the person and entitles the person, as against the Government, to the

13 rights the person would have had if possession of the property had not been

14 changed. When the claim is for the payment of money found to be due,

15 presentation of an authenticated copy of the record of the judgment and

16 proceedings is sufficient evidence to the proper accounting officers for the

17 allowance of the claim, which shall be allowed and paid out of amounts in

18 the Treasury not otherwise appropriated. The amount allowed and paid

19 shall not exceed the value of the interest of the Government in the property.

20 § 1314. Easements

21 (a) DEFINITIONS.—In this section—

22 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an

23 executive department or independent establishment in the executive

24 branch of the Federal Government, including a wholly owned Govern25 ment corporation.

26 (2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop27 erty of the Government’’ excludes—

28 (A) public land (including minerals, vegetative, and other re29 sources) in the United States, including—

30 (i) land reserved or dedicated for national forest purposes;

31 (ii) land the Secretary of the Interior administers or super32 vises in accordance with the Act of August 25, 1916 (16

33 U.S.C. 1, 2, 3, 4) (known as the National Park Service Or34 ganic Act);

35 (iii) Indian-owned trust and restricted land; and

36 (iv) land the Government acquires primarily for fish and

37 wildlife conservation purposes and the Secretary administers;

38 (B) land withdrawn from the public domain primarily under the

39 jurisdiction of the Secretary; and

40 (C) land acquired for national forest purposes.
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1 (3) STATE.—The term ‘‘State’’ means a State of the United States,

2 the District of Columbia, Puerto Rico, and the territories and posses3 sions of the United States.

4 (b) GRANT OF EASEMENT.—When a State, a political subdivision or

5 agency of a State, or a person applies for the grant of an easement in, over,

6 or on real property of the Government, the executive agency having control

7 of the real property may grant to the applicant, on behalf of the Govern8 ment, an easement that the head of the agency decides will not be adverse

9 to the interests of the Government, subject to reservations, exceptions, limi10 tations, benefits, burdens, terms, or conditions that the head of the agency

11 considers necessary to protect the interests of the Government. The grant

12 may be made without consideration, or with monetary or other consider13 ation, including an interest in real property.

14 (c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection

15 with the grant of an easement, the executive agency concerned may relin16 quish to the State in which the real property is located legislative jurisdic17 tion that the executive agency considers necessary or desirable. Relinquish18 ment of legislative jurisdiction may be accomplished by filing with the chief

19 executive officer of the State a notice of relinquishment to take effect upon

20 acceptance or by proceeding in the manner that the laws applicable to the

21 State may provide.

22 (d) TERMINATION OF EASEMENT.—

23 (1) WHEN TERMINATION OCCURS.—The instrument granting the

24 easement may provide for termination of any part of the easement if

25 there has been—

26 (A) a failure to comply with a term or condition of the grant;

27 (B) a nonuse of the easement for a consecutive 2-year period

28 for the purpose for which granted; or

29 (C) an abandonment of the easement.

30 (2) NOTICE REQUIRED.—If a termination provision is included, it

31 shall require that written notice of the termination be given to the

32 grantee, or its successors or assigns.

33 (3) EFFECTIVE DATE.—The termination is effective as of the date

34 of the notice.

35 (e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by

36 this section is in addition to, and shall not affect or be subject to, any other

37 law under which an executive agency may grant easements.

38 (f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,

39 under, and through public lands and lands in the National Forest System

40 may not be granted under this section.
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1 § 1315. Special police

2 (a) APPOINTMENT.—The Administrator of General Services, or an official

3 of the General Services Administration authorized by the Administrator,

4 may appoint uniformed guards of the Administration as special police with5 out additional compensation for duty in connection with the policing of all

6 buildings and areas owned or occupied by the Federal Government and

7 under the charge and control of the Administrator.

8 (b) POWERS.—Special police appointed under this section have the same

9 powers as sheriffs and constables on property referred to in subsection (a)

10 to enforce laws enacted for the protection of individuals and property, pre11 vent breaches of the peace, suppress affrays or unlawful assemblies, and en12 force regulations prescribed by the Administrator or an official of the Ad13 ministration authorized by the Administrator for property under their juris14 diction. However, the jurisdiction and policing powers of special police do

15 not extend to the service of civil process.

16 (c) DETAIL.—On the application of the head of a department or agency

17 of the Government having property of the Government under its administra18 tion and control, the Administrator or an official of the Administration au19 thorized by the Administrator may detail special police for the protection

20 of the property and, if the Administrator considers it desirable, may extend

21 to the property the applicability of regulations and enforce them as provided

22 in this section.

23 (d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is consid24 ered economical and in the public interest, the Administrator or an official

25 of the Administration authorized by the Administrator may utilize the facili26 ties and services of existing federal law enforcement agencies, and, with the

27 consent of a state or local agency, the facilities and services of state or local

28 law enforcement agencies.

29 (e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an official

30 of the Administration authorized by the Administrator, may empower offi31 cials or employees of the Administration authorized to perform investigative

32 functions to act as nonuniformed special police to protect property under

33 the charge and control of the Administration and to carry firearms, whether

34 on federal property or in travel status. When on real property under the

35 charge and control of the Administration, officials or employees empowered

36 to act as nonuniformed special police have the power to enforce federal laws

37 for the protection of individuals and property and to enforce regulations for

38 that purpose that the Administrator or an official of the Administration au39 thorized by the Administrator prescribes and publishes. The special police

40 may make arrests without warrant for any offense committed on the prop41 erty if the police have reasonable grounds to believe the offense constitutes
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1 a felony under the laws of the United States and that the individual to be

2 arrested is guilty of that offense.

3 (f) ADMINISTRATIVE.—The Administrator or an official of the Adminis4 tration authorized by the Administrator may prescribe regulations necessary

5 for the government of the property under their charge and control, and may

6 annex to the regulations reasonable penalties, within the limits prescribed

7 in subsection (g), that will ensure their enforcement. The regulations shall

8 be posted and kept posted in a conspicuous place on the property.

9 (g) PENALTIES.—

10 (1) IN GENERAL.—Except as provided in paragraph (2), a person

11 violating a regulation prescribed under subsection (f) shall be fined

12 under title 18, imprisoned for not more than 30 days, or both.

13 (2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—

14 (A) DEFINITION.—For purposes of this paragraph, the term

15 ‘‘military traffic regulation’’ means a regulation for the control of

16 vehicular or pedestrian traffic on military installations that the

17 Secretary of Defense prescribes under subsection (f).

18 (B) IN GENERAL.—A person violating a military traffic regula19 tion shall be fined an amount not exceeding the amount of the

20 maximum fine for a similar offense under the criminal or civil law

21 of the State, district, territory, or possession of the United States

22 where the military installation in which the violation occurred is

23 located, imprisoned for not more than 30 days, or both.

24 SUBTITLE II—PUBLIC BUILDINGS AND WORKS

25 PART A—GENERAL

CHAPTER Sec.

31. GENERAL ....................................................................................................... 3101

33. ACQUISITION, CONSTRUCTION, AND ALTERATION ........................... 3301

35. NON-FEDERAL PUBLIC WORKS ............................................................... 3501

37. CONTRACT WORK HOURS AND SAFETY STANDARDS ....................... 3701

26 PART B—UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ................... 5101

27 PART C—FEDERAL BUILDING COMPLEXES

61. UNITED STATES SUPREME COURT BUILDING AND GROUNDS ..... 6101

63. SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

6301

65. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING .............. 6501

67. PENNSYLVANIA AVENUE DEVELOPMENT ........................................... 6701

69. UNION STATION REDEVELOPMENT ...................................................... 6901

28 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE

29 DISTRICT OF COLUMBIA

81. ADMINISTRATIVE ........................................................................................ 8101

83. WASHINGTON METROPOLITAN REGION DEVELOPMENT ................ 8301

85. NATIONAL CAPITAL SERVICE AREA AND DIRECTOR ....................... 8501

87. PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION ......... 8701

89. NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS 8901

91. COMMISSION OF FINE ARTS .................................................................... 9101
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93. THEODORE ROOSEVELT ISLAND ........................................................... 9301

95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE

DISTRICT OF COLUMBIA.

9501

1 PART A—GENERAL

2 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.

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.

3 SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC

4 BUILDINGS

5 § 3101. Public buildings under control of Administrator of

6 General Services

7 All public buildings outside of the District of Columbia and outside of

8 military reservations purchased or erected out of any appropriation under

9 the control of the Administrator of General Services, and the sites of the
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1 public buildings, are under the exclusive jurisdiction and control, and in the

2 custody of, the Administrator. The Administrator may take possession of

3 the buildings and assign and reassign rooms in the buildings to federal offi4 cials, clerks, and employees that the Administrator believes should be fur5 nished with offices or rooms in the buildings.

6 § 3102. Naming or designating buildings

7 The Administrator of General Services may name or otherwise designate

8 any building under the custody and control of the General Services Adminis9 tration, regardless of whether it was previously named by statute.

10 § 3103. Admission of guide dogs or other service animals ac11 companying individuals with disabilities

12 (a) IN GENERAL.—Guide dogs or other service animals accompanying in13 dividuals with disabilities and especially trained and educated for that pur14 pose shall be admitted to any building or other property owned or controlled

15 by the Federal Government on the same terms and conditions, and subject

16 to the same regulations, as generally govern the admission of the public to

17 the property. The animals are not permitted to run free or roam in a build18 ing or on the property and must be in guiding harness or on leash and

19 under the control of the individual at all times while in a building or on

20 the property.

21 (b) REGULATIONS.—The head of each department or other agency of the

22 Government may prescribe regulations the individual considers necessary in

23 the public interest to carry out this section as it applies to any building or

24 other property subject to the individual’s jurisdiction.

25 § 3104. Furniture for new buildings

26 Furniture for all new public buildings shall be acquired in accordance

27 with plans and specifications approved by the Administrator of General

28 Services.

29 § 3105. Buildings not to be draped in mourning

30 No building owned, or used for public purposes, by the Federal Govern31 ment shall be draped in mourning nor may public money be used for that

32 purpose.

33 SUBCHAPTER II—ACQUIRING LAND

34 § 3111. Approval of sufficiency of title prior to acquisition

35 (a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money may

36 not be expended to purchase land or any interest in land unless the Attor37 ney General gives prior written approval of the sufficiency of the title to

38 the land for the purpose for which the Federal Government is acquiring the

39 property.

40 (b) DELEGATION.—
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1 (1) IN GENERAL.—The Attorney General may delegate the responsi2 bility under this section to other departments and agencies of the Gov3 ernment, subject to general supervision by the Attorney General and

4 in accordance with regulations the Attorney General prescribes.

5 (2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department

6 or agency of the Government that has been delegated the responsibility

7 to approve land titles under this section may request the Attorney Gen8 eral to render an opinion as to the validity of the title to any real prop9 erty or interest in the property, or may request the advice or assistance

10 of the Attorney General in connection with determinations as to the

11 sufficiency of titles.

12 (c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—

13 Except where otherwise authorized by law or provided by contract, the ex14 penses of procuring certificates of titles or other evidences of title as the

15 Attorney General may require may be paid out of the appropriations for the

16 acquisition of land or out of the appropriations made for the contingencies

17 of the acquiring department or agency of the Government.

18 (d) NONAPPLICATION.—This section does not affect any provision of law

19 in effect on September 1, 1970, that is applicable to the acquisition of land

20 or interests in land by the Tennessee Valley Authority.

21 § 3112. Federal jurisdiction

22 (a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that

23 the Federal Government obtain exclusive jurisdiction in the United States

24 over land or an interest in land it acquires.

25 (b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head

26 of a department, agency, or independent establishment of the Government,

27 or other authorized officer of the department, agency, or independent estab28 lishment, considers it desirable, that individual may accept or secure, from

29 the State in which land or an interest in land that is under the immediate

30 jurisdiction, custody, or control of the individual is situated, consent to, or

31 cession of, any jurisdiction over the land or interest not previously obtained.

32 The individual shall indicate acceptance of jurisdiction on behalf of the Gov33 ernment by filing a notice of acceptance with the Governor of the State or

34 in another manner prescribed by the laws of the State where the land is

35 situated.

36 (c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not

37 been accepted until the Government accepts jurisdiction over land as pro38 vided in this section.

39 § 3113. Acquisition by condemnation

40 An officer of the Federal Government authorized to acquire real estate

41 for the erection of a public building or for other public uses may acquire
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1 the real estate for the Government by condemnation, under judicial process,

2 when the officer believes that it is necessary or advantageous to the Govern3 ment to do so. The Attorney General, on application of the officer, shall

4 have condemnation proceedings begun within 30 days from receipt of the

5 application at the Department of Justice.

6 § 3114. Declaration of taking

7 (a) FILING AND CONTENT.—In any proceeding in any court of the United

8 States outside of the District of Columbia brought by and in the name of

9 the United States and under the authority of the Federal Government to

10 acquire land, or an easement or right of way in land, for the public use,

11 the petitioner may file, with the petition or at any time before judgment,

12 a declaration of taking signed by the authority empowered by law to acquire

13 the land described in the petition, declaring that the land is taken for the

14 use of the Government. The declaration of taking shall contain or have an15 nexed to it—

16 (1) a statement of the authority under which, and the public use for

17 which, the land is taken;

18 (2) a description of the land taken that is sufficient to identify the

19 land;

20 (3) a statement of the estate or interest in the land taken for public

21 use;

22 (4) a plan showing the land taken; and

23 (5) a statement of the amount of money estimated by the acquiring

24 authority to be just compensation for the land taken.

25 (b) VESTING OF TITLE.—On filing the declaration of taking and depos26 iting in the court, to the use of the persons entitled to the compensation,

27 the amount of the estimated compensation stated in the declaration—

28 (1) title to the estate or interest specified in the declaration vests

29 in the Government;

30 (2) the land is condemned and taken for the use of the Government;

31 and

32 (3) the right to just compensation for the land vests in the persons

33 entitled to the compensation.

34 (c) COMPENSATION.—

35 (1) DETERMINATION AND AWARD.—Compensation shall be deter36 mined and awarded in the proceeding and established by judgment.

37 The judgment shall include interest, in accordance with section 3116

38 of this title, on the amount finally awarded as the value of the property

39 as of the date of taking and shall be awarded from that date to the

40 date of payment. Interest shall not be allowed on as much of the com-
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1 pensation as has been paid into the court. Amounts paid into the court

2 shall not be charged with commissions or poundage.

3 (2) ORDER TO PAY.—On application of the parties in interest, the

4 court may order that any part of the money deposited in the court be

5 paid immediately for or on account of the compensation to be awarded

6 in the proceeding.

7 (3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is

8 more than the amount of money received by any person entitled to

9 compensation, the court shall enter judgment against the Government

10 for the amount of the deficiency.

11 (d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the

12 court—

13 (1) may fix the time within which, and the terms on which, the par14 ties in possession shall be required to surrender possession to the peti15 tioner; and

16 (2) may make just and equitable orders in respect of encumbrances,

17 liens, rents, taxes, assessments, insurance, and other charges.

18 (e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or

19 undertaking given in a proceeding does not prevent or delay the vesting of

20 title to land in the Government.

21 § 3115. Irrevocable commitment of Federal Government to

22 pay ultimate award when fixed

23 (a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under sec24 tion 3114 of this title irrevocably committing the Federal Government to

25 the payment of the ultimate award shall not be taken unless the head of

26 the executive department or agency or bureau of the Government empow27 ered to acquire the land believes that the ultimate award probably will be

28 within any limits Congress prescribes on the price to be paid.

29 (b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE

30 COMMITMENT MADE.—When the Government has taken or may take title

31 to real property during a condemnation proceeding and in advance of final

32 judgment in the proceeding and has become irrevocably committed to pay

33 the amount ultimately to be awarded as compensation, and the Attorney

34 General believes that title to the property has been vested in the Govern35 ment or that all persons having an interest in the property have been made

36 parties to the proceeding and will be bound by the final judgment, the Gov37 ernment may expend amounts appropriated for that purpose to demolish ex38 isting structures on the property and to erect public buildings or public

39 works on the property.
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1 § 3116. Interest as part of just compensation

2 (a) CALCULATION.—The district court shall calculate interest required to

3 be paid under this subchapter as follows:

4 (1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for

5 which interest is owed is not more than one year, interest shall be cal6 culated from the date of taking at an annual rate equal to the weekly

7 average one-year constant maturity Treasury yield, as published by the

8 Board of Governors of the Federal Reserve System, for the calendar

9 week preceding the date of taking.

10 (2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which

11 interest is owed is more than one year, interest for the first year shall

12 be calculated in accordance with paragraph (1) and interest for each

13 additional year shall be calculated on the amount by which the award

14 of compensation is more than the deposit referred to in section 3114

15 of this title, plus accrued interest, at an annual rate equal to the week16 ly average one-year constant maturity Treasury yield, as published by

17 the Board of Governors of the Federal Reserve System, for the cal18 endar week preceding the beginning of each additional year.

19 (b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Adminis20 trative Office of the United States Courts shall distribute to all federal

21 courts notice of the rates described in paragraphs (1) and (2) of subsection

22 (a).

23 § 3117. Exclusion of certain property by stipulation of Attor24 ney General

25 In any condemnation proceeding brought by or on behalf of the Federal

26 Government, the Attorney General may stipulate or agree on behalf of the

27 Government to exclude any part of the property, or any interest in the prop28 erty, taken by or on behalf of the Government by a declaration of taking

29 or otherwise.

30 § 3118. Right of taking as addition to existing rights

31 The right to take possession and title in advance of final judgment in

32 condemnation proceedings as provided by section 3114 of this title is in ad33 dition to any right, power, or authority conferred by the laws of the United

34 States or of a State, territory, or possession of the United States under

35 which the proceeding may be conducted, and does not abrogate, limit, or

36 modify that right, power, or authority.

37 SUBCHAPTER III—BONDS

38 § 3131. Bonds of contractors of public buildings or works

39 (a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a

40 person awarded a contract described in subsection (b).
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1 (b) TYPE OF BONDS REQUIRED.—Before any contract of more than

2 $100,000 is awarded for the construction, alteration, or repair of any public

3 building or public work of the Federal Government, a person must furnish

4 to the Government the following bonds, which become binding when the con5 tract is awarded:

6 (1) PERFORMANCE BOND.—A performance bond with a surety satis7 factory to the officer awarding the contract, and in an amount the offi8 cer considers adequate, for the protection of the Government.

9 (2) PAYMENT BOND.—A payment bond with a surety satisfactory to

10 the officer for the protection of all persons supplying labor and mate11 rial in carrying out the work provided for in the contract for the use

12 of each person. The amount of the payment bond shall equal the total

13 amount payable by the terms of the contract unless the officer award14 ing the contract determines, in a writing supported by specific findings,

15 that a payment bond in that amount is impractical, in which case the

16 contracting officer shall set the amount of the payment bond. The

17 amount of the payment bond shall not be less than the amount of the

18 performance bond.

19 (c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—

20 (1) IN GENERAL.—Every performance bond required under this sec21 tion specifically shall provide coverage for taxes the Government im22 poses which are collected, deducted, or withheld from wages the con23 tractor pays in carrying out the contract with respect to which the

24 bond is furnished.

25 (2) NOTICE.—The Government shall give the surety on the bond

26 written notice, with respect to any unpaid taxes attributable to any pe27 riod, within 90 days after the date when the contractor files a return

28 for the period, except that notice must be given no later than 180 days

29 from the date when a return for the period was required to be filed

30 under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

31 (3) CIVIL ACTION.—The Government may not bring a civil action on

32 the bond for the taxes—

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

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

35 (d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN36 TRIES.—A contracting officer may waive the requirement of a performance

37 bond and payment bond for work under a contract that is to be performed

38 in a foreign country if the officer finds that it is impracticable for the con39 tractor to furnish the bonds.

40 (e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not

41 limit the authority of a contracting officer to require a performance bond
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1 or other security in addition to those, or in cases other than the cases, spec2 ified in subsection (b).

3 § 3132. Alternatives to payment bonds provided by Federal

4 Acquisition Regulation

5 (a) IN GENERAL.—The Federal Acquisition Regulation shall provide al6 ternatives to payment bonds as payment protections for suppliers of labor

7 and materials under contracts referred to in section 3131(a) of this title

8 that are more than $25,000 and not more than $100,000.

9 (b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting offi10 cer for a contract shall—

11 (1) select, from among the payment protections provided for in the

12 Federal Acquisition Regulation pursuant to subsection (a), one or more

13 payment protections which the offeror awarded the contract is to sub14 mit to the Federal Government for the protection of suppliers of labor

15 and materials for the contract; and

16 (2) specify in the solicitation of offers for the contract the payment

17 protections selected.

18 § 3133. Rights of persons furnishing labor or material

19 (a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF

20 BOND.—The department secretary or agency head of the contracting agency

21 shall furnish a certified copy of a payment bond and the contract for which

22 it was given to any person applying for a copy who submits an affidavit

23 that the person has supplied labor or material for work described in the con24 tract and payment for the work has not been made or that the person is

25 being sued on the bond. The copy is prima facie evidence of the contents,

26 execution, and delivery of the original. Applicants shall pay any fees the de27 partment secretary or agency head of the contracting agency fixes to cover

28 the cost of preparing the certified copy.

29 (b) RIGHT TO BRING A CIVIL ACTION.—

30 (1) IN GENERAL.—Every person that has furnished labor or material

31 in carrying out work provided for in a contract for which a payment

32 bond is furnished under section 3131 of this title and that has not been

33 paid in full within 90 days after the day on which the person did or

34 performed the last of the labor or furnished or supplied the material

35 for which the claim is made may bring a civil action on the payment

36 bond for the amount unpaid at the time the civil action is brought and

37 may prosecute the action to final execution and judgment for the

38 amount due.

39 (2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A

40 SUBCONTRACTOR.—A person having a direct contractual relationship

41 with a subcontractor but no contractual relationship, express or im-
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1 plied, with the contractor furnishing the payment bond may bring a

2 civil action on the payment bond on giving written notice to the con3 tractor within 90 days from the date on which the person did or per4 formed the last of the labor or furnished or supplied the last of the

5 material for which the claim is made. The action must state with sub6 stantial accuracy the amount claimed and the name of the party to

7 whom the material was furnished or supplied or for whom the labor

8 was done or performed. The notice shall be served—

9 (A) by any means that provides written, third-party verification

10 of delivery to the contractor at any place the contractor maintains

11 an office or conducts business or at the contractor’s residence; or

12 (B) in any manner in which the United States marshal of the

13 district in which the public improvement is situated by law may

14 serve summons.

15 (3) VENUE.—A civil action brought under this subsection must be

16 brought—

17 (A) in the name of the United States for the use of the person

18 bringing the action; and

19 (B) in the United States District Court for any district in which

20 the contract was to be performed and executed, regardless of the

21 amount in controversy.

22 (4) PERIOD IN WHICH ACTION MUST BE BROUGHT.—An action

23 brought under this subsection must be brought no later than one year

24 after the day on which the last of the labor was performed or material

25 was supplied by the person bringing the action.

26 (5) LIABILITY OF FEDERAL GOVERNMENT.—The Government is not

27 liable for the payment of any costs or expenses of any civil action

28 brought under this subsection.

29 (c) A waiver of the right to bring a civil action on a payment bond re30 quired under this subchapter is void unless the waiver is—

31 (1) in writing;

32 (2) signed by the person whose right is waived; and

33 (3) executed after the person whose right is waived has furnished

34 labor or material for use in the performance of the contract.

35 § 3134. Waivers for certain contracts

36 (a) MILITARY.—The Secretary of the Army, the Secretary of the Navy,

37 the Secretary of the Air Force, or the Secretary of Transportation may

38 waive this subchapter with respect to cost-plus-a-fixed fee and other cost39 type contracts for the construction, alteration, or repair of any public build40 ing or public work of the Federal Government and with respect to contracts

41 for manufacturing, producing, furnishing, constructing, altering, repairing,
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1 processing, or assembling vessels, aircraft, munitions, materiel, or supplies

2 for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of

3 the terms of the contracts as to payment or title.

4 (b) TRANSPORTATION.—The Secretary of Transportation may waive this

5 subchapter with respect to contracts for the construction, alteration, or re6 pair of vessels when the contract is made under sections 1535 and 1536

7 of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),

8 or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),

9 regardless of the terms of the contracts as to payment or title.

10 SUBCHAPTER IV—WAGE RATE REQUIREMENTS

11 § 3141. Definitions

12 In this subchapter, the following definitions apply:

13 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ has

14 the same meaning that the term ‘‘United States’’ had in the Act of

15 March 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-Bacon

16 Act).

17 (2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND

18 PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage

19 rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—

20 (A) the basic hourly rate of pay; and

21 (B) for medical or hospital care, pensions on retirement or

22 death, compensation for injuries or illness resulting from occupa23 tional activity, or insurance to provide any of the forgoing, for un24 employment benefits, life insurance, disability and sickness insur25 ance, or accident insurance, for vacation and holiday pay, for de26 fraying the costs of apprenticeship or other similar programs, or

27 for other bona fide fringe benefits, but only where the contractor

28 or subcontractor is not required by other federal, state, or local

29 law to provide any of those benefits, the amount of—

30 (i) the rate of contribution irrevocably made by a con31 tractor or subcontractor to a trustee or to a third person

32 under a fund, plan, or program; and

33 (ii) the rate of costs to the contractor or subcontractor that

34 may be reasonably anticipated in providing benefits to labor35 ers and mechanics pursuant to an enforceable commitment to

36 carry out a financially responsible plan or program which was

37 communicated in writing to the laborers and mechanics af38 fected.

39 § 3142. Rate of wages for laborers and mechanics

40 (a) APPLICATION.—The advertised specifications for every contract in ex41 cess of $2,000, to which the Federal Government or the District of Colum-
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1 bia is a party, for construction, alteration, or repair, including painting and

2 decorating, of public buildings and public works of the Government or the

3 District of Columbia that are located in a State or the District of Columbia

4 and which requires or involves the employment of mechanics or laborers

5 shall contain a provision stating the minimum wages to be paid various

6 classes of laborers and mechanics.

7 (b) BASED ON PREVAILING WAGE.—The minimum wages shall be based

8 on the wages the Secretary of Labor determines to be prevailing for the cor9 responding classes of laborers and mechanics employed on projects of a

10 character similar to the contract work in the civil subdivision of the State

11 in which the work is to be performed, or in the District of Columbia if the

12 work is to be performed there.

13 (c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon

14 the specifications referred to in subsection (a) must contain stipulations

15 that—

16 (1) the contractor or subcontractor shall pay all mechanics and la17 borers employed directly on the site of the work, unconditionally and

18 at least once a week, and without subsequent deduction or rebate on

19 any account, the full amounts accrued at time of payment, computed

20 at wage rates not less than those stated in the advertised specifications,

21 regardless of any contractual relationship which may be alleged to exist

22 between the contractor or subcontractor and the laborers and mechan23 ics;

24 (2) the contractor will post the scale of wages to be paid in a promi25 nent and easily accessible place at the site of the work; and

26 (3) there may be withheld from the contractor so much of accrued

27 payments as the contracting officer considers necessary to pay to labor28 ers and mechanics employed by the contractor or any subcontractor on

29 the work the difference between the rates of wages required by the con30 tract to be paid laborers and mechanics on the work and the rates of

31 wages received by the laborers and mechanics and not refunded to the

32 contractor or subcontractors or their agents.

33 (d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub34 contractor to make payment in accordance with the prevailing wage deter35 minations of the Secretary of Labor, under this subchapter and other laws

36 incorporating this subchapter by reference, may be discharged by making

37 payments in cash, by making contributions described in section

38 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear

39 the costs of a plan or program referred to in section 3141(2)(B)(ii) of this

40 title, or by any combination of payment, contribution, and assumption,

41 where the aggregate of the payments, contributions, and costs is not less
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1 than the basic hourly rate of pay plus the amount referred to in section

2 3141(2)(B).

3 (e) OVERTIME PAY.—In determining the overtime pay to which a laborer

4 or mechanic is entitled under any federal law, the regular or basic hourly

5 rate of pay (or other alternative rate on which premium rate of overtime

6 compensation is computed) of the laborer or mechanic is deemed to be the

7 rate computed under section 3141(2)(A) of this title, except that where the

8 amount of payments, contributions, or costs incurred with respect to the la9 borer or mechanic exceeds the applicable prevailing wage, the regular or

10 basic hourly rate of pay (or other alternative rate) is the amount of pay11 ments, contributions, or costs actually incurred with respect to the laborer

12 or mechanic minus the greater of the amount of contributions or costs of

13 the types described in section 3141(2)(B) of this title actually incurred with

14 respect to the laborer or mechanic or the amount determined under section

15 3141(2)(B) but not actually paid.

16 § 3143. Termination of work on failure to pay agreed wages

17 Every contract within the scope of this subchapter shall contain a provi18 sion that if the contracting officer finds that any laborer or mechanic em19 ployed by the contractor or any subcontractor directly on the site of the

20 work covered by the contract has been or is being paid a rate of wages less

21 than the rate of wages required by the contract to be paid, the Federal Gov22 ernment by written notice to the contractor may terminate the contractor’s

23 right to proceed with the work or the part of the work as to which there

24 has been a failure to pay the required wages. The Government may have

25 the work completed, by contract or otherwise, and the contractor and the

26 contractor’s sureties shall be liable to the Government for any excess costs

27 the Government incurs.

28 § 3144. Authority of Comptroller General to pay wages and

29 list contractors violating contracts

30 (a) PAYMENT OF WAGES.—

31 (1) IN GENERAL.—The Comptroller General shall pay directly to la32 borers and mechanics from any accrued payments withheld under the

33 terms of a contract any wages found to be due laborers and mechanics

34 under this subchapter.

35 (2) RIGHT OF ACTION.—If the accrued payments withheld under the

36 terms of the contract are insufficient to reimburse all the laborers and

37 mechanics who have not been paid the wages required under this sub38 chapter, the laborers and mechanics have the same right to bring a civil

39 action and intervene against the contractor and the contractor’s sure40 ties as is conferred by law on persons furnishing labor or materials.

41 In those proceedings it is not a defense that the laborers and mechan-
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1 ics accepted or agreed to accept less than the required rate of wages

2 or voluntarily made refunds.

3 (b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—

4 (1) IN GENERAL.—The Comptroller General shall distribute to all

5 departments of the Federal Government a list of the names of persons

6 whom the Comptroller General has found to have disregarded their ob7 ligations to employees and subcontractors.

8 (2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be

9 awarded to persons appearing on the list or to any firm, corporation,

10 partnership, or association in which the persons have an interest until

11 three years have elapsed from the date of publication of the list.

12 § 3145. Regulations governing contractors and subcontrac13 tors

14 (a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg15 ulations for contractors and subcontractors engaged in constructing, car16 rying out, completing, or repairing public buildings, public works, or build17 ings or works that at least partly are financed by a loan or grant from the

18 Federal Government. The regulations shall include a provision that each

19 contractor and subcontractor each week must furnish a statement on the

20 wages paid each employee during the prior week.

21 (b) APPLICATION.—Section 1001 of title 18 applies to the statements.

22 § 3146. Effect on other federal laws

23 This subchapter does not supersede or impair any authority otherwise

24 granted by federal law to provide for the establishment of specific wage

25 rates.

26 § 3147. Suspension of this subchapter during a national

27 emergency

28 The President may suspend the provisions of this subchapter during a na29 tional emergency.

30 § 3148. Application of this subchapter to certain contracts

31 This subchapter applies to a contract authorized by law that is made

32 without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or

33 on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro34 posals, if this subchapter otherwise would apply to the contract.

35 SUBCHAPTER V—VOLUNTEER SERVICES

36 § 3161. Purpose

37 It is the purpose of this subchapter to promote and provide opportunities

38 for individuals who wish to volunteer their services to state or local govern39 ments, public agencies, or nonprofit charitable organizations in the construc40 tion, repair, or alteration (including painting and decorating) of public

41 buildings and public works that at least partly are financed with federal fi-
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1 nancial assistance authorized under certain federal programs and that oth2 erwise might not be possible without the use of volunteers.

3 § 3162. Waiver for individuals who perform volunteer serv4 ices

5 (a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la6 borers and mechanics be paid in accordance with the wage-setting provisions

7 of subchapter IV of this chapter as set forth in the Indian Self-Determina8 tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian

9 Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing

10 and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does

11 not apply to an individual—

12 (1) who volunteers to perform a service directly to a state or local

13 government, a public agency, or a public or private nonprofit recipient

14 of federal assistance—

15 (A) for civic, charitable, or humanitarian reasons;

16 (B) only for the personal purpose or pleasure of the individual;

17 (C) without promise, expectation, or receipt of compensation for

18 services rendered, except as provided in subsection (b); and

19 (D) freely and without pressure or coercion, direct or implied,

20 from any employer;

21 (2) whose contribution of service is not for the direct or indirect ben22 efit of any contractor otherwise performing or seeking to perform work

23 on the same project for which the individual is volunteering;

24 (3) who is not employed by and does not provide services to a con25 tractor or subcontractor at any time on the federally assisted or in26 sured project for which the individual is volunteering; and

27 (4) who otherwise is not employed by the same public agency or re28 cipient of federal assistance to perform the same type of services as

29 those for which the individual proposes to volunteer.

30 (b) PAYMENTS.—

31 (1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in

32 subsection (a) who are performing services directly to a state or local

33 government or public agency may receive payments of expenses, reason34 able benefits, or a nominal fee only in accordance with regulations the

35 Secretary of Labor prescribes. Volunteers who are performing services

36 directly to a public or private nonprofit entity may not receive those

37 payments.

38 (2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the

39 regulations, the Secretary shall consider criteria such as the total

40 amount of payments made (relating to expenses, benefits, or fees) in
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1 the context of the economic realities. The regulations shall include pro2 visions that provide that—

3 (A) a payment for an expense may be received by a volunteer

4 for items such as uniform allowances, protective gear and clothing,

5 reimbursement for approximate out-of-pocket expenses, or the cost

6 or expense of meals and transportation;

7 (B) a reasonable benefit may include the inclusion of a volun8 teer in a group insurance plan (such as a liability, health, life, dis9 ability, or worker’s compensation plan) or pension plan, or the

10 awarding of a length of service award; and

11 (C) a nominal fee may not be used as a substitute for com12 pensation and may not be connected to productivity.

13 (3) NOMINAL FEE.—The Secretary shall decide what constitutes a

14 nominal fee for purposes of paragraph (2)(C). The decision shall be

15 based on the context of the economic realities of the situation involved.

16 (c) ECONOMIC REALITY.—In determining whether an expense, benefit, or

17 fee described in subsection (b) may be paid to volunteers in the context of

18 the economic realities of the particular situation, the Secretary may not per19 mit any expense, benefit, or fee that has the effect of undermining labor

20 standards by creating downward pressure on prevailing wages in the local

21 construction industry.

22 SUBCHAPTER VI—MISCELLANEOUS

23 § 3171. Contract authority when appropriation is for less

24 than full amount

25 Unless specifically directed otherwise, the Administrator of General Serv26 ices may make a contract within the full limit of the cost fixed by Congress

27 for the acquisition of land for sites, or for the enlargement of sites, for pub28 lic buildings, or for the erection, remodeling, extension, alteration, and re29 pairs of public buildings, even though an appropriation is made for only

30 part of the amount necessary to carry out legislation authorizing that pur31 pose.

32 § 3172. Extension of state workers’ compensation laws to

33 buildings, works, and property of the Federal Gov34 ernment

35 (a) AUTHORIZATION OF EXTENSION.—The state authority charged with

36 enforcing and requiring compliance with the state workers’ compensation

37 laws and with the orders, decisions, and awards of the authority may apply

38 the laws to all land and premises in the State which the Federal Govern39 ment owns or holds by deed or act of cession, and to all projects, buildings,

40 constructions, improvements, and property in the State and belonging to the

41 Government, in the same way and to the same extent as if the premises
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1 were under the exclusive jurisdiction of the State in which the land, prem2 ises, projects, buildings, constructions, improvements, or property are lo3 cated.

4 (b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government

5 under this section does not relinquish its jurisdiction for any other purpose.

6 (c) NONAPPLICATION.—This section does not modify or amend sub7 chapter I of chapter 81 of title 5.

8 § 3173. Working capital fund for blueprinting, photostating,

9 and duplicating services in General Services Ad10 ministration

11 (a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for

12 the payment of salaries and other expenses necessary to the operation of

13 a central blue-printing, photostating, and duplicating service.

14 (b) COMPONENTS.—The fund consists of—

15 (1) $50,000 without fiscal year limitation; and

16 (2) reimbursements from available amounts of constituents of the

17 Administrator of General Services, or of any other federal agency for

18 which services are performed, at rates to be determined by the Admin19 istrator on the basis of estimated or actual charges for personal serv20 ices, material, equipment (including maintenance, repair, and deprecia21 tion on existing and new equipment) and other expenses, to ensure con22 tinuous operation.

23 (c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of

24 each fiscal year any excess amount resulting from operation of the service,

25 after adequately providing for the replacement of mechanical and other

26 equipment and for accrued annual leave of employees engaged in this work

27 by the establishment of reserves for those purposes, shall be deposited in

28 the Treasury as miscellaneous receipts.

29 § 3174. Operation of public utility communications services

30 serving governmental activities

31 The Administrator of General Services may provide and operate public

32 utility communications services serving any governmental activity when the

33 services are economical and in the interest of the Federal Government. This

34 section does not apply to communications systems for handling messages of

35 a confidential or secret nature, the operation of cryptographic equipment or

36 transmission of secret, security, or coded messages, or buildings operated

37 or occupied by the United States Postal Service, except on request of the

38 department or agency concerned.

39 § 3175. Acceptance of gifts of property

40 The Administrator of General Services, and the United States Postal

41 Service where that office is concerned, may accept on behalf of the Federal
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1 Government unconditional gifts of property in aid of any project or function

2 within their respective jurisdictions.

3 § 3176. Administrator of General Services to furnish serv4 ices in continental United States to international

5 bodies

6 Sections 1535 and 1536 of title 31 are extended so that the Adminis7 trator of General Services, at the request of the Secretary of State, may

8 furnish services in the continental United States, on a reimbursable basis,

9 to any international body with which the Federal Government is affiliated.

10 CHAPTER 33—ACQUISITION, CONSTRUCTION, AND

11 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.

12 § 3301. Definitions and nonapplication

13 (a) DEFINITIONS.—In this chapter—

14 (1) ALTER.—The term ‘‘alter’’ includes—

15 (A) preliminary planning, engineering, architectural, legal, fis16 cal, and economic investigations and studies, surveys, designs,

17 plans, working drawings, specifications, procedures, and other

18 similar actions necessary for the alteration of a public building;

19 and

20 (B) repairing, remodeling, improving, or extending, or other

21 changes in, a public building.

22 (2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan23 ning, engineering, architectural, legal, fiscal, and economic investiga24 tions and studies, surveys, designs, plans, working drawings, specifica25 tions, procedures, and other similar actions necessary for the construc26 tion of a public building.

27 (3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an ex28 ecutive department or independent establishment in the executive

29 branch of the Federal Government, including—

30 (A) any wholly owned Government corporation;
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1 (B) the Central-Bank for Cooperatives and the regional banks

2 for cooperatives;

3 (C) federal land banks;

4 (D) federal intermediate credit banks;

5 (E) the Federal Deposit Insurance Corporation; and

6 (F) the Government National Mortgage Association.

7 (4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu8 tive agency or an establishment in the legislative or judicial branch of

9 the Government (except the Senate, the House of Representatives, and

10 the Architect of the Capitol and any activities under the direction of

11 the Architect).

12 (5) PUBLIC BUILDING.—The term ‘‘public building’’—

13 (A) means a building, whether for single or multitenant occu14 pancy, and its grounds, approaches, and appurtenances, which is

15 generally suitable for use as office or storage space or both by one

16 or more federal agencies or mixed-ownership Government corpora17 tions;

18 (B) includes—

19 (i) federal office buildings;

20 (ii) post offices;

21 (iii) customhouses;

22 (iv) courthouses;

23 (v) appraisers stores;

24 (vi) border inspection facilities;

25 (vii) warehouses;

26 (viii) record centers;

27 (ix) relocation facilities;

28 (x) telecommuting centers;

29 (xi) similar federal facilities; and

30 (xii) any other buildings or construction projects the inclu31 sion of which the President considers to be justified in the

32 public interest; but

33 (C) does not include a building or construction project described

34 in subparagraphs (A) and (B)—

35 (i) that is on the public domain (including that reserved for

36 national forests and other purposes);

37 (ii) that is on property of the Government in foreign coun38 tries;

39 (iii) that is on Indian and native Eskimo property held in

40 trust by the Government;
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1 (iv) that is on land used in connection with federal pro2 grams for agricultural, recreational, and conservation pur3 poses, including research in connection with the programs;

4 (v) that is on or used in connection with river, harbor,

5 flood control, reclamation or power projects, for chemical

6 manufacturing or development projects, or for nuclear pro7 duction, research, or development projects;

8 (vi) that is on or used in connection with housing and resi9 dential projects;

10 (vii) that is on military installations (including any fort,

11 camp, post, naval training station, airfield, proving ground,

12 military supply depot, military school, or any similar facility

13 of the Department of Defense);

14 (viii) that is on installations of the Department of Veterans

15 Affairs used for hospital or domiciliary purposes; or

16 (ix) the exclusion of which the President considers to be

17 justified in the public interest.

18 (6) UNITED STATES.—The term ‘‘United States’’ includes the States

19 of the United States, the District of Columbia, Puerto Rico, and the

20 territories and possessions of the United States.

21 (b) NONAPPLICATION.—This chapter does not apply to the construction

22 of any public building to which section 241(g) of the Immigration and Na23 tionality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930

24 (19 U.S.C. 68) applies.

25 § 3302. Prohibition on construction of buildings except by

26 Administrator of General Services

27 Only the Administrator of General Services may construct a public build28 ing. The Administrator shall construct a public building in accordance with

29 this chapter.

30 § 3303. Continuing investigation and survey of public build31 ings

32 (a) CONDUCTED BY ADMINISTRATOR.—The Administrator of General

33 Services shall—

34 (1) make a continuing investigation and survey of the public build35 ings needs of the Federal Government so that the Administrator may

36 carry out the duties of the Administrator under this chapter; and

37 (2) submit to Congress prospectuses of proposed projects in accord38 ance with section 3307(a) and (b) of this title.

39 (b) COOPERATION WITH FEDERAL AGENCIES.—

40 (1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the

41 Administrator under this chapter, the Administrator—
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1 (A) shall cooperate with all federal agencies in order to keep in2 formed of their needs;

3 (B) shall advise each federal agency of the program with respect

4 to the agency; and

5 (C) may request the cooperation and assistance of each federal

6 agency in carrying out duties under this chapter.

7 (2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall co8 operate with, advise, and assist the Administrator in carrying out the

9 duties of the Administrator under this chapter as determined necessary

10 by the Administrator to carry out the purposes of this chapter.

11 (c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR12 ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis13 trator undertakes a survey of the public buildings needs of the Government

14 within a geographical area, the Administrator shall request that, within 60

15 days, the Advisory Council on Historic Preservation established by title II

16 of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify

17 any existing buildings in the geographical area that—

18 (1) are of historical, architectural, or cultural significance (as defined

19 in section 3306(a) of this title); and

20 (2) whether or not in need of repair, alteration, or addition, would

21 be suitable for acquisition to meet the public buildings needs of the

22 Government.

23 (d) STANDARD FOR CONSTRUCTION AND ACQUISITION OF PUBLIC

24 BUILDINGS.—In carrying out the duties of the Administrator under this

25 chapter, the Administrator shall provide for the construction and acquisition

26 of public buildings equitably throughout the United States with due regard

27 to the comparative urgency of the need for each particular building. In de28 veloping plans for new buildings, the Administrator shall give due consider29 ation to excellence of architecture and design.

30 § 3304. Acquisition of buildings and sites

31 (a) IN GENERAL.—The Administrator of General Services may acquire,

32 by purchase, condemnation, donation, exchange, or otherwise, any building

33 and its site which the Administrator decides is necessary to carry out the

34 duties of the Administrator under this chapter.

35 (b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—

36 The Administrator may acquire land or an interest in land the Adminis37 trator considers necessary for use as sites, or additions to sites, for public

38 buildings authorized to be constructed or altered under this chapter.

39 (c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any

40 part of a public building is to be used for post office purposes, the Adminis41 trator shall act jointly with the United States Postal Service in selecting the
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1 town or city where the building is to be constructed, and in selecting the

2 site in the town or city for the building.

3 (d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE

4 OF REAL PROPERTY.—When the Administrator is to acquire a site under

5 subsection (b), the Administrator, if the Administrator considers it nec6 essary, by public advertisement may solicit proposals for the sale, donation,

7 or exchange of real property to the Federal Government to be used as the

8 site. In selecting a site under subsection (b) the Administrator (with the

9 concurrence of the United States Postal Service if any part of the public

10 building to be constructed on the site is to be used for post office purposes)

11 may—

12 (1) select the site that the Administrator believes is the most advan13 tageous to the Government, all factors considered; and

14 (2) acquire the site without regard to title III of the Federal Prop15 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

16 § 3305. Construction and alteration of buildings

17 (a) CONSTRUCTION.—

18 (1) REPLACEMENT OF EXISTING BUILDINGS.—When the Adminis19 trator of General Services considers it to be in the best interest of the

20 Federal Government to construct a new public building to take the

21 place of an existing public building, the Administrator may demolish

22 the existing building and use the site on which it is located for the site

23 of the proposed public building. If the Administrator believes that it

24 is more advantageous to construct the public building on a different

25 site in the same city, the Administrator may exchange the building and

26 site, or the site, for another site, or may sell the building and site in

27 accordance with subtitle I of this title and title III of the Federal Prop28 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

29 (2) SALE OR EXCHANGE OF SITES.—When the Administrator decides

30 that a site acquired for the construction of a public building is not suit31 able for that purpose, the Administrator may exchange the site for an32 other site, or may sell it in accordance with subtitle I of this title and

33 title III of the Federal Property and Administrative Services Act of

34 1949 (41 U.S.C. 251 et seq.).

35 (3) COMMITTEE APPROVAL REQUIRED.—This subsection does not

36 permit the Administrator to use any land as a site for a public building

37 if the project has not been approved in accordance with section 3307

38 of this title.

39 (b) ALTERATION OF BUILDINGS.—

40 (1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The

41 Administrator may—
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1 (A) alter any public building; and

2 (B) acquire in accordance with section 3304(b)–(d) of this title

3 land necessary to carry out the alteration.

4 (2) COMMITTEE APPROVAL NOT REQUIRED.—

5 (A) THRESHOLD AMOUNT.—Approval under section 3307 of

6 this title is not required for any alteration and acquisition author7 ized by this subsection for which the estimated maximum cost does

8 not exceed $1,500,000.

9 (B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu10 ally may adjust the dollar amount referred to in subparagraph (A)

11 to reflect a percentage increase or decrease in construction costs

12 during the prior calendar year, as determined by the composite

13 index of construction costs of the Department of Commerce. Any

14 adjustment shall be expeditiously reported to the Committee on

15 Environment and Public Works of the Senate and the Committee

16 on Transportation and Infrastructure of the House of Representa17 tives.

18 (c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator

19 may carry out any construction or alteration authorized by this chapter by

20 contract if the Administrator considers it to be most advantageous to the

21 Government.

22 § 3306. Accommodating federal agencies

23 (a) DEFINITIONS.—In this section—

24 (1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in25 cludes the operations of restaurants, food stores, craft stores, dry goods

26 stores, financial institutions, and display facilities.

27 (2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes

28 film, dramatic, dance, and musical presentations, and fine art exhibits,

29 whether or not those activities are intended to make a profit.

30 (3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’

31 includes the operations of libraries, schools, day care centers, labora32 tories, and lecture and demonstration facilities.

33 (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—

34 The term ‘‘historical, architectural, or cultural significance’’ includes

35 buildings listed or eligible to be listed on the National Register estab36 lished under section 101 of the National Historic Preservation Act (16

37 U.S.C. 470a).

38 (5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’

39 includes the operations of gymnasiums and related facilities.
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1 (6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

2 general local government’’ means a city, county, town, parish, village,

3 or other general-purpose political subdivision of a State.

4 (b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Admin5 istrator of General Services under sections 581(h), 584(b), 3303(c), and

6 3307(b)(3) and (5) of this title and under any other authority with respect

7 to constructing, operating, maintaining, altering, and otherwise managing or

8 acquiring space necessary to accommodate federal agencies and to accom9 plish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and

10 (5), the Administrator shall—

11 (1) acquire and utilize space in suitable buildings of historical, archi12 tectural, or cultural significance, unless use of the space would not

13 prove feasible and prudent compared with available alternatives;

14 (2) encourage the location of commercial, cultural, educational, and

15 recreational facilities and activities in public buildings;

16 (3) provide and maintain space, facilities, and activities, to the extent

17 practicable, that encourage public access to, and stimulate public pe18 destrian traffic around, into, and through, public buildings, permitting

19 cooperative improvements to and uses of the area between the building

20 and the street, so that the activities complement and supplement com21 mercial, cultural, educational, and recreational resources in the neigh22 borhood of public buildings; and

23 (4) encourage the public use of public buildings for cultural, edu24 cational, and recreational activities.

25 (c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out

26 the duties under subsection (b), the Administrator shall—

27 (1) consult with chief executive officers of the States, areawide agen28 cies established pursuant to title II of the Demonstration Cities and

29 Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and

30 section 6506 of title 31, and chief executive officers of those units of

31 general local government in each area served by an existing or proposed

32 public building; and

33 (2) solicit the comments of other community leaders and members

34 of the general public as the Administrator considers appropriate.

35 § 3307. Congressional approval of proposed projects

36 (a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE

37 MADE.—The following appropriations may be made only if the Committee

38 on Environment and Public Works of the Senate and the Committee on

39 Transportation and Infrastructure of the House of Representatives adopt

40 resolutions approving the purpose for which the appropriation is made:
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1 (1) An appropriation to construct, alter, or acquire any building to

2 be used as a public building which involves a total expenditure in excess

3 of $1,500,000, so that the equitable distribution of public buildings

4 throughout the United States with due regard for the comparative ur5 gency of need for the buildings, except as provided in section 3305(b)

6 of this title, is ensured.

7 (2) An appropriation to lease any space at an average annual rental

8 in excess of $1,500,000 for use for public purposes.

9 (3) An appropriation to alter any building, or part of the building,

10 which is under lease by the Federal Government for use for a public

11 purpose if the cost of the alteration will exceed $750,000.

12 (b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED

13 PROJECT.—To secure consideration for the approval referred to in sub14 section (a), the Administrator of General Services shall transmit to Con15 gress a prospectus of the proposed facility, including—

16 (1) a brief description of the building to be constructed, altered, or

17 acquired, or the space to be leased, under this chapter;

18 (2) the location of the building or space to be leased and an estimate

19 of the maximum cost to the Government of the facility to be con20 structed, altered, or acquired, or the space to be leased;

21 (3) a comprehensive plan for providing space for all Government offi22 cers and employees in the locality of the proposed facility or the space

23 to be leased, having due regard for suitable space which may continue

24 to be available in existing Government-owned or occupied buildings, es25 pecially those buildings that enhance the architectural, historical, so26 cial, cultural, and economic environment of the locality;

27 (4) with respect to any project for the construction, alteration, or ac28 quisition of any building, a statement by the Administrator that suit29 able space owned by the Government is not available and that suitable

30 rental space is not available at a price commensurate with that to be

31 afforded through the proposed action;

32 (5) a statement by the Administrator of the economic and other jus33 tifications for not acquiring a building identified to the Administrator

34 under section 3303(c) of this title as suitable for the public building

35 needs of the Government; and

36 (6) a statement of rents and other housing costs currently being paid

37 by the Government for federal agencies to be housed in the building

38 to be constructed, altered, or acquired, or the space to be leased.

39 (c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum

40 cost of any project approved under this section as set forth in any pro41 spectus may be increased by an amount equal to any percentage increase,
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1 as determined by the Administrator, in construction or alteration costs from

2 the date the prospectus is transmitted to Congress. The increase authorized

3 by this subsection may not exceed 10 percent of the estimated maximum

4 cost.

5 (d) RESCISSION OF APPROVAL.— If an appropriation is not made within

6 one year after the date a project for construction, alteration, or acquisition

7 is approved under subsection (a), the Committee on Environment and Pub8 lic Works of the Senate or the Committee on Transportation and Infrastruc9 ture of the House of Representatives by resolution may rescind its approval

10 before an appropriation is made.

11 (e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does

12 not prevent the Administrator from entering into emergency leases during

13 any period declared by the President to require emergency leasing authority.

14 An emergency lease may not be for more than 180 days without approval

15 of a prospectus for the lease in accordance with subsection (a).

16 (f) LIMITATION ON LEASING CERTAIN SPACE.—

17 (1) IN GENERAL.—The Administrator may not lease space to accom18 modate any of the following if the average rental cost of leasing the

19 space will exceed $1,500,000:

20 (A) Computer and telecommunications operations.

21 (B) Secure or sensitive activities related to the national defense

22 or security, except when it would be inappropriate to locate those

23 activities in a public building or other facility identified with the

24 Government.

25 (C) A permanent courtroom, judicial chamber, or administrative

26 office for any United States court.

27 (2) EXCEPTION.—The Administrator may lease space with respect to

28 which paragraph (1) applies if the Administrator—

29 (A) decides, for reasons set forth in writing, that leasing the

30 space is necessary to meet requirements which cannot be met in

31 public buildings; and

32 (B) submits the reasons to the Committee on Environment and

33 Public Works of the Senate and the Committee on Transportation

34 and Infrastructure of the House of Representatives.

35 (g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may

36 adjust any dollar amount referred to in this section to reflect a percentage

37 increase or decrease in construction costs during the prior calendar year,

38 as determined by the composite index of construction costs of the Depart39 ment of Commerce. Any adjustment shall be expeditiously reported to the

40 Committee on Environment and Public Works of the Senate and the Com-
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1 mittee on Transportation and Infrastructure of the House of Representa2 tives.

3 § 3308. Architectural or engineering services

4 (a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen5 eral Services decides it to be necessary, the Administrator may employ, by

6 contract or otherwise, without regard to chapters 33 and 51 and subchapter

7 III of chapter 53 of title 5, civil service rules and regulations, or section

8 3709 of the Revised Statutes (41 U.S.C. 5), the services of established ar9 chitectural or engineering corporations, firms, or individuals, to the extent

10 the Administrator may require those services for any public building author11 ized to be constructed or altered under this chapter.

12 (b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corpora13 tion, firm, or individual shall not be employed under authority of subsection

14 (a) on a permanent basis.

15 (c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any other

16 provision of this section, the Administrator is responsible for all construc17 tion authorized by this chapter, including the interpretation of construction

18 contracts, approval of material and workmanship supplied under a construc19 tion contract, approval of changes in the construction contract, certification

20 of vouchers for payments due the contractor, and final settlement of the

21 contract.

22 § 3309. Buildings and sites in the District of Columbia

23 (a) IN GENERAL.—The purposes of this chapter shall be carried out in

24 the District of Columbia as nearly as may be practicable in harmony with

25 the plan of Peter Charles L’Enfant. Public buildings shall be constructed

26 or altered to combine architectural beauty with practical utility.

27 (b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of

28 General Services decides that constructing or altering a public building

29 under this chapter in the District of Columbia requires using contiguous

30 squares as a site for the building, parts of streets that lie between the

31 squares, and alleys that intersect the squares, may be closed and vacated

32 if agreed to by the Administrator, the Council of the District of Columbia,

33 and the National Capital Planning Commission. Those streets and alleys be34 come part of the site.

35 (c) CONSULTATIONS PRIOR TO ACQUISITIONS.—

36 (1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis37 trator must consult with the House Office Building Commission cre38 ated by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before

39 the Administrator may acquire land located south of Independence Ave40 nue, between Third Street SW and Eleventh Street SE, in the District

41 of Columbia, for use as a site or an addition to a site.
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1 (2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult

2 with the Architect of the Capitol before the Administrator may acquire

3 land located in the area extending from the United States Capitol

4 Grounds to Eleventh Street NE and SE and bounded by Independence

5 Avenue on the south and G Street NE on the north, in the District

6 of Columbia, for use as a site or an addition to a site.

7 (d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District

8 of Columbia Stadium Act of 1957 (Public Law 85–300, 71 Stat. 619) or

9 any other provision of law, the Armory Board may make contracts to con10 duct events in Robert F. Kennedy Stadium.

11 § 3310. Special rules for leased buildings

12 For any building to be constructed for lease to, and for predominant use

13 by, the Federal Government, the Administrator of General Services—

14 (1) notwithstanding section 585(a)(1) of this title, shall not make

15 any agreement or undertake any commitment which will result in the

16 construction of the building until the Administrator has established de17 tailed specification requirements for the building;

18 (2) may acquire a leasehold interest in the building only by the use

19 of competitive procedures required by section 303 of the Federal Prop20 erty and Administrative Services Act of 1949 (41 U.S.C. 253);

21 (3) shall inspect every building during construction to establish that

22 the specifications established for the building are complied with;

23 (4) on completion of the building, shall evaluate the building to de24 termine the extent of failure to comply with the specifications referred

25 to in clause (1); and

26 (5) shall ensure that any contract entered into for the building shall

27 contain provisions permitting a reduction of rent during any period

28 when the building is not in compliance with the specifications.

29 § 3311. State administration of criminal and health and safe30 ty laws

31 When the Administrator of General Services considers it desirable, the

32 Administrator may assign to a State or a territory or possession of the

33 United States any part of the authority of the Federal Government to ad34 minister criminal laws and health and safety laws with respect to land or

35 an interest in land under the control of the Administrator and located in

36 the State, territory, or possession. Assignment of authority under this sec37 tion may be accomplished by filing with the chief executive officer of the

38 State, territory, or possession a notice of assignment to take effect on ac39 ceptance, or in another manner as may be prescribed by the laws of the

40 State, territory, or possession in which the land or interest is located.
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1 § 3312. Compliance with nationally recognized codes

2 (a) APPLICATION.—

3 (1) IN GENERAL.—This section applies to any project for construc4 tion or alteration of a building for which amounts are first appro5 priated for a fiscal year beginning after September 30, 1989.

6 (2) NATIONAL SECURITY WAIVER.—This section does not apply to a

7 building for which the Administrator of General Services or the head

8 of the federal agency authorized to construct or alter the building de9 cides that the application of this section to the building would adversely

10 affect national security. A decision under this subsection is not subject

11 to administrative or judicial review.

12 (b) BUILDING CODES.—Each building constructed or altered by the Gen13 eral Services Administration or any other federal agency shall be con14 structed or altered, to the maximum extent feasible as determined by the

15 Administrator or the head of the federal agency, in compliance with one of

16 the nationally recognized model building codes and with other applicable na17 tionally recognized codes, including electrical codes, fire and life safety

18 codes, and plumbing codes, as the Administrator decides is appropriate. In

19 carrying out this subsection, the Administrator or the head of the federal

20 agency shall use the latest edition of the nationally recognized codes.

21 (c) ZONING LAWS.—Each building constructed or altered by the Adminis22 tration or any other federal agency shall be constructed or altered only after

23 consideration of all requirements (except procedural requirements) of the

24 following laws of a State or a political subdivision of a State, which would

25 apply to the building if it were not a building constructed or altered by a

26 federal agency:

27 (1) Zoning laws.

28 (2) Laws relating to landscaping, open space, minimum distance of

29 a building from the property line, maximum height of a building, his30 toric preservation, esthetic qualities of a building, and other similar

31 laws.

32 (d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—

33 (1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND

34 INSPECTIONS.—To meet the requirements of subsections (b) and (c),

35 the Administrator or the head of the federal agency authorized to con36 struct or alter the building—

37 (A) in preparing plans for the building, shall consult with ap38 propriate officials of the State or political subdivision of a State,

39 or both, in which the building will be located;
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1 (B) on request shall submit the plans in a timely manner to the

2 officials for review by the officials for a reasonable period of time

3 not exceeding 30 days; and

4 (C) shall permit inspection by the officials during construction

5 or alteration of the building, in accordance with the customary

6 schedule of inspections for construction or alteration of buildings

7 in the locality, if the officials provide to the Administrator or the

8 head of the federal agency—

9 (i) a copy of the schedule before construction of the build10 ing is begun; and

11 (ii) reasonable notice of their intention to conduct any in12 spection before conducting the inspection.

13 (2) LIMITATION ON RESPONSIBILITIES.—This section does not im14 pose an obligation on any State or political subdivision to take any ac15 tion under paragraph (1).

16 (e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate

17 officials of a State or political subdivision of a State may make rec18 ommendations to the Administrator or the head of the federal agency au19 thorized to construct or alter a building concerning measures necessary to

20 meet the requirements of subsections (b) and (c). The officials also may

21 make recommendations to the Administrator or the head of the federal

22 agency concerning measures which should be taken in the construction or

23 alteration of the building to take into account local conditions. The Adminis24 trator or the head of the agency shall give due consideration to the rec25 ommendations.

26 (f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against

27 the Federal Government and a fine or penalty may not be imposed against

28 the Government for failure to meet the requirements of subsection (b), (c),

29 or (d) or for failure to carry out any recommendation under subsection (e).

30 (g) LIMITATION ON LIABILITY.—The Government and its contractors

31 shall not be required to pay any amount for any action a State or a political

32 subdivision of a State takes to carry out this section, including reviewing

33 plans, carrying out on-site inspections, issuing building permits, and making

34 recommendations.

35 § 3313. Delegation

36 (a) WHEN ALLOWED.—Except for the authority contained in section

37 3305(b) of this title, the carrying out of the duties and powers of the Ad38 ministrator of General Services under this chapter, in accordance with

39 standards the Administrator prescribes—

40 (1) shall be delegated on request to the appropriate executive agency

41 when the estimated cost of the project does not exceed $100,000; and
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1 (2) may be delegated to the appropriate executive agency when the

2 Administrator determines that delegation will promote efficiency and

3 economy.

4 (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega5 tion under subsection (a) does not exempt the person to whom the delega6 tion is made, or the carrying out of the delegated duty or power, from any

7 other provision of this chapter.

8 § 3314. Report to Congress

9 (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—

10 Within a reasonable time after a request of either House of Congress or

11 any committee of Congress, the Administrator of General Services shall sub12 mit a report showing the location, space, cost, and status of each public

13 building the construction, alteration, or acquisition of which—

14 (1) is to be under authority of this chapter; and

15 (2) was uncompleted as of the date of the request, or as of another

16 date the request may designate.

17 (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR

18 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The Adminis19 trator and the United States Postal Service shall make building project sur20 veys requested by resolution by the Committee on Environment and Public

21 Works of the Senate or the Committee on Transportation and Infrastruc22 ture of the House of Representatives, and within a reasonable time shall

23 make a report on the survey to Congress. The report shall contain all other

24 information required to be included in a prospectus of the proposed public

25 building project under section 3307(b) of this title.

26 § 3315. Certain authority not affected

27 This chapter does not limit or repeal the authority conferred by law on

28 the United States Postal Service.

29 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.

30 § 3501. Definitions

31 In this chapter, the following definitions apply:

32 (1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or

33 a public agency or political subdivision of a State.

34 (2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public

35 works other than housing.

36 (3) STATE.—The term ‘‘State’’ means a State of the United States,

37 the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the
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1 Northern Mariana Islands, the Federated States of Micronesia, the

2 Marshall Islands, Palau, and any territory or possession of the United

3 States.

4 § 3502. Planned public works

5 (a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section

6 3324(a) and (b) of title 31, the Secretary of Housing and Urban Develop7 ment may make advances to public agencies and Indian tribes—

8 (1) to encourage public agencies and Indian tribes to maintain at all

9 times a current and adequate reserve of planned public works the con10 struction of which can rapidly be commenced, particularly when the na11 tional or local economic situation makes that action desirable; and

12 (2) to help attain maximum economy and efficiency in the planning

13 and construction of public works.

14 (b) USES OF ADVANCES.—A public agency or Indian tribe shall use an

15 advance under subsection (a) to aid in financing the cost of feasibility stud16 ies, engineering and architectural surveys, designs, plans, working drawings,

17 specifications, or other action preliminary to and in preparation for the con18 struction of public works, and for construction in connection with the devel19 opment of a medical center, a general plan for the development of the cen20 ter.

21 (c) NO FUTURE COMMITMENT.—An advance under subsection (a) does

22 not commit the Congress to appropriate amounts to assist in financing the

23 construction of any public works planned with the aid of that advance. Out24 standing advances to public agencies and Indian tribes in a State shall not

25 exceed 12.5 percent of the aggregate then authorized to be appropriated to

26 the revolving fund established under section 3503 of this title.

27 (d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made

28 under subsection (a) for an individual project (including a regional, metro29 politan, or other areawide project) unless—

30 (1) the project is planned to be constructed within or over a reason31 able period of time considering the nature of the project;

32 (2) the project conforms to an overall state, local, or regional plan

33 approved by a competent state, local, or regional authority; and

34 (3) the public agency or Indian tribe formally contracts with the

35 Federal Government to complete the plan preparation promptly and to

36 repay part or all of the advance when due.

37 (e) REGULATIONS.—The Secretary may prescribe regulations to carry out

38 this chapter.

39 § 3503. Revolving fund

40 (a) ESTABLISHMENT.—There is a revolving fund established by the Sec41 retary of Housing and Urban Development to provide amounts for advances
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1 under this chapter. The fund comprises amounts appropriated under this

2 chapter and all repayments and other receipts received in connection with

3 advances made under this chapter.

4 (b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated

5 to the revolving fund as necessary to carry out the purposes of this chapter.

6 § 3504. Surveys of public works planning

7 The Secretary of Housing and Urban Development may use during a fis8 cal year not more than $100,000 of the amount in the revolving fund estab9 lished under section 3503 of this title to conduct surveys of the status and

10 current volume of state and local public works planning and surveys of esti11 mated requirements for state and local public works. In conducting a sur12 vey, the Secretary, may use or act through any department or agency of

13 the Federal Government, with the consent of the department or agency.

14 § 3505. Forgiveness of outstanding advances

15 In accordance with accounting and other procedures the Secretary of

16 Housing and Urban Development prescribes, each advance made by the Sec17 retary under this chapter that had any principal amount outstanding on

18 February 5, 1988, was forgiven. The terms and conditions of any contract,

19 or any amendment to a contract, for that advance with respect to any prom20 ise to repay the advance were canceled.

21 CHAPTER 37—CONTRACT WORK HOURS AND SAFETY

22 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.

23 § 3701. Definition and application

24 (a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has

25 the same meaning that the term ‘‘United States’’ had in the Contract Work

26 Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).

27 (b) APPLICATION.—

28 (1) CONTRACTS.—This chapter applies to—

29 (A) any contract that may require or involve the employment of

30 laborers or mechanics on a public work of the Federal Govern31 ment, a territory of the United States, or the District of Columbia;

32 and

33 (B) any other contract that may require or involve the employ34 ment of laborers or mechanics if the contract is one—
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1 (i) to which the Government, an agency or instrumentality

2 of the Government, a territory, or the District of Columbia

3 is a party;

4 (ii) which is made for or on behalf of the Government, an

5 agency or instrumentality, a territory, or the District of Co6 lumbia; or

7 (iii) which is a contract for work financed at least in part

8 by loans or grants from, or loans insured or guaranteed by,

9 the Government or an agency or instrumentality under any

10 federal law providing wage standards for the work.

11 (2) LABORERS AND MECHANICS.—This chapter applies to all labor12 ers and mechanics employed by a contractor or subcontractor in the

13 performance of any part of the work under the contract—

14 (A) including watchmen, guards, and workers performing serv15 ices in connection with dredging or rock excavation in any river

16 or harbor of the United States, a territory, or the District of Co17 lumbia; but

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

19 (3) EXCEPTIONS.—

20 (A) THIS CHAPTER.—This chapter does not apply to—

21 (i) a contract for—

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

23 (II) the transmission of intelligence; or

24 (III) the purchase of supplies or materials or articles

25 ordinarily available in the open market;

26 (ii) any work required to be done in accordance with the

27 provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.);

28 and

29 (iii) a contract in an amount that is not greater than

30 $100,000.

31 (B) SECTION 3902.—Section 3902 of this title does not apply to

32 work where the assistance described in subsection (a)(2)(C) from

33 the Government or an agency or instrumentality is only a loan

34 guarantee or insurance.

35 § 3702. Work hours

36 (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic

37 employed by any contractor or subcontractor in the performance of work on

38 a contract described in section 3701 of this title shall be computed on the

39 basis of a standard workweek of 40 hours. Work in excess of the standard

40 workweek is permitted subject to this section. For each workweek in which

41 the laborer or mechanic is so employed, wages include compensation, at a
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1 rate not less than one and one-half times the basic rate of pay, for all hours

2 worked in excess of 40 hours in the workweek.

3 (b) CONTRACT REQUIREMENTS.—A contract described in section 3701 of

4 this title, and any obligation of the Federal Government, a territory of the

5 United States, or the District of Columbia in connection with that contract,

6 must provide that—

7 (1) a contractor or subcontractor contracting for any part of the con8 tract work which may require or involve the employment of laborers or

9 mechanics shall not require or permit any laborer or mechanic, in any

10 workweek in which the laborer or mechanic is employed on that work,

11 to work more than 40 hours in that workweek, except as provided in

12 this chapter; and

13 (2) when a violation of clause (1) occurs, the contractor and any sub14 contractor responsible for the violation are liable—

15 (A) to the affected employee for the employee’s unpaid wages;

16 and

17 (B) to the Government, the District of Columbia, or a territory

18 for liquidated damages as provided in the contract.

19 (c) LIQUIDATED DAMAGES.—Liquidated damages under subsection

20 (b)(2)(B) shall be computed for each individual employed as a laborer or

21 mechanic in violation of this chapter and shall be equal to $10 for each cal22 endar day on which the individual was required or permitted to work in ex23 cess of the standard workweek without payment of the overtime wages re24 quired by this chapter.

25 (d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section

26 3703 of this title, the governmental agency for which the contract work is

27 done or which is providing financial assistance for the work may withhold,

28 or have withheld, from money payable because of work performed by a con29 tractor or subcontractor, amounts administratively determined to be nec30 essary to satisfy the liabilities of the contractor or subcontractor for unpaid

31 wages and liquidated damages as provided in this section.

32 § 3703. Report of violations and withholding of amounts for

33 unpaid wages and liquidated damages

34 (a) REPORTS OF INSPECTORS.—An officer or individual designated as an

35 inspector of the work to be performed under a contract described in section

36 3701 of this title, or to aid in the enforcement or fulfillment of the contract,

37 on observation or after investigation immediately shall report to the proper

38 officer of the Federal Government, a territory of the United States, or the

39 District of Columbia all violations of this chapter occurring in the perform40 ance of the work, together with the name of each laborer or mechanic who
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1 was required or permitted to work in violation of this chapter and the day

2 the violation occurred.

3 (b) WITHHOLDING AMOUNTS.—

4 (1) DETERMINING AMOUNT.—The amount of unpaid wages and liq5 uidated damages owing under this chapter shall be determined adminis6 tratively.

7 (2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual

8 whose duty it is to approve the payment of money by the Government,

9 territory, or District of Columbia in connection with the performance

10 of the contract work shall direct the amount of—

11 (A) liquidated damages to be withheld for the use and benefit

12 of the Government, territory, or District; and

13 (B) unpaid wages to be withheld for the use and benefit of the

14 laborers and mechanics who were not compensated as required

15 under this chapter.

16 (3) PAYMENT.—The Comptroller General shall pay the amount ad17 ministratively determined to be due directly to the laborers and me18 chanics from amounts withheld on account of underpayments of wages

19 if the amount withheld is adequate. If the amount withheld is not ade20 quate, the Comptroller General shall pay an equitable proportion of the

21 amount due.

22 (c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND

23 SURETIES.—If the accrued payments withheld under the terms of the con24 tract are insufficient to reimburse all the laborers and mechanics who have

25 not been paid the wages required under this chapter, the laborers and me26 chanics, in the case of a department or agency of the Government, have the

27 same right of action and intervention against the contractor and the con28 tractor’s sureties as is conferred by law on persons furnishing labor or ma29 terials. In those proceedings it is not a defense that the laborers and me30 chanics accepted or agreed to accept less than the required rate of wages

31 or voluntarily made refunds.

32 (d) REVIEW PROCESS.—

33 (1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount is

34 withheld as liquidated damages, any contractor or subcontractor ag35 grieved by the withholding may appeal to the head of the agency of

36 the Government or territory for which the contract work is done or

37 which is providing financial assistance for the work, or to the Mayor

38 of the District of Columbia in the case of liquidated damages withheld

39 for the use and benefit of the District.

40 (2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or

41 Mayor may review the administrative determination of liquidated dam-
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1 ages. The agency head or Mayor may issue a final order affirming the

2 determination or may recommend to the Secretary of Labor that an ap3 propriate adjustment in liquidated damages be made, or that the con4 tractor or subcontractor be relieved of liability for the liquidated dam5 ages, if it is found that the amount is incorrect or that the contractor

6 or subcontractor violated this chapter inadvertently, notwithstanding

7 the exercise of due care by the contractor or subcontractor and the

8 agents of the contractor or subcontractor.

9 (3) REVIEW BY SECRETARY.—The Secretary shall review all perti10 nent facts in the matter and may conduct any investigation the Sec11 retary considers necessary in order to affirm or reject the recommenda12 tion. The decision of the Secretary is final.

13 (4) JUDICIAL ACTION.—A contractor or subcontractor aggrieved by

14 a final order for the withholding of liquidated damages may file a claim

15 in the United States Court of Federal Claims within 60 days after the

16 final order. A final order of the agency head, Mayor, or Secretary is

17 conclusive with respect to findings of fact if supported by substantial

18 evidence.

19 (e) APPLICABILITY OF OTHER LAWS.—

20 (1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of

21 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.

22 (2) SECTION 3145.—Section 3145 of this title applies to contractors

23 and subcontractors referred to in section 3145 who are engaged in the

24 performance of contracts subject to this chapter.

25 § 3704. Health and safety standards in building trades and

26 construction industry

27 (a) CONDITION OF CONTRACTS.—

28 (1) IN GENERAL.—Each contract in an amount greater than

29 $100,000 that is entered into under legislation subject to Reorganiza30 tion Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)

31 and is for construction, alteration, and repair, including painting and

32 decorating, must provide that no contractor or subcontractor con33 tracting for any part of the contract work shall require any laborer or

34 mechanic employed in the performance of the contract to work in sur35 roundings or under working conditions that are unsanitary, hazardous,

36 or dangerous to health or safety, as established under construction

37 safety and health standards the Secretary of Labor prescribes by regu38 lation based on proceedings pursuant to section 553 of title 5, provided

39 that the proceedings include a hearing similar in nature to that author40 ized by section 553.
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1 (2) CONSULTATION.—In formulating standards under this section,

2 the Secretary shall consult with the Advisory Committee created by

3 subsection (d) of this section.

4 (b) COMPLIANCE.—

5 (1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make in6 spections, hold hearings, issue orders, and make decisions based on

7 findings of fact as the Secretary considers necessary to gain compliance

8 with this section and any health and safety standard the Secretary pre9 scribes under subsection (a). For those purposes the Secretary and the

10 United States district courts have the authority and jurisdiction pro11 vided by sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).

12 (2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary,

13 after an opportunity for an adjudicatory hearing by the Secretary, es14 tablishes noncompliance under this section of any condition of a con15 tract described in—

16 (A) section 3701(b)(1)(B)(i) or (ii) of this title, the govern17 mental agency for which the contract work is done may cancel the

18 contract and make other contracts for the completion of the con19 tract work, charging any additional cost to the original contractor;

20 or

21 (B) section 3701(b)(1)(B)(iii) of this title, the governmental

22 agency which is providing the financial guarantee, assistance, or

23 insurance for the contract work may withhold the guarantee, as24 sistance, or insurance attributable to the performance of the con25 tract.

26 (3) NONAPPLICABILITY.—Section 3703 of this title does not apply

27 to the enforcement of this section.

28 (c) REPEATED VIOLATIONS.—

29 (1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP30 TROLLER GENERAL.—When the Secretary, after an opportunity for an

31 agency hearing, decides on the record that, by repeated willful or gross32 ly negligent violations of this chapter, a contractor or subcontractor has

33 demonstrated that subsection (b) is not effective to protect the safety

34 and health of the employees of the contractor or subcontractor, the

35 Secretary shall make a finding to that effect and, not sooner than 30

36 days after giving notice of the finding to all interested persons, shall

37 transmit the name of the contractor or subcontractor to the Comp38 troller General.

39 (2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall

40 distribute each name transmitted under paragraph (1) to all agencies

41 of the Federal Government. Unless the Secretary otherwise rec-
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1 ommends, the contractor, subcontractor, or any person in which the

2 contractor or subcontractor has a substantial interest may not be

3 awarded a contract subject to this section until three years have

4 elapsed from the date the name is transmitted to the Comptroller Gen5 eral. The Secretary shall terminate the ban if, before the end of the

6 three-year period, the Secretary, after affording interested persons due

7 notice and an opportunity for a hearing, is satisfied that a contractor

8 or subcontractor whose name was transmitted to the Comptroller Gen9 eral will comply responsibly with the requirements of this section. The

10 Comptroller General shall inform all Government agencies after being

11 informed of the Secretary’s action.

12 (3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action

13 under this subsection or subsection (b) may file with the appropriate

14 United States court of appeals a petition for review of the Secretary’s

15 action within 60 days after receiving notice of the Secretary’s action.

16 The clerk of the court immediately shall send a copy of the petition

17 to the Secretary. The Secretary then shall file with the court the record

18 on which the action is based. The findings of fact by the Secretary,

19 if supported by substantial evidence, are final. The court may enter a

20 decree enforcing, modifying, modifying and enforcing, or setting aside

21 any part of, the order of the Secretary or the appropriate Government

22 agency. The judgment of the court may be reviewed by the Supreme

23 Court as provided in section 1254 of title 28.

24 (d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—

25 (1) ESTABLISHMENT.—There is an Advisory Committee on Con26 struction Safety and Health in the Department of Labor.

27 (2) COMPOSITION.—The Committee is composed of nine members

28 appointed by the Secretary, without regard to chapter 33 of title 5, as

29 follows:

30 (A) Three members shall be individuals representative of con31 tractors to whom this section applies.

32 (B) Three members shall be individuals representative of em33 ployees primarily in the building trades and construction industry

34 engaged in carrying out contracts to which this section applies.

35 (C) Three members shall be public representatives who shall be

36 selected on the basis of their professional and technical com37 petence and experience in the construction health and safety field.

38 (3) CHAIRMAN.—The Secretary shall appoint one member as Chair39 man.

40 (4) DUTIES.—The Committee shall advise the Secretary—
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1 (A) in formulating construction safety and health standards and

2 other regulations; and

3 (B) on policy matters arising in carrying out this section.

4 (5) EXPERTS AND CONSULTANTS.—The Secretary may appoint spe5 cial advisory and technical experts or consultants as may be necessary

6 to carry out the functions of the Committee.

7 (6) COMPENSATION AND EXPENSES.—Committee members are enti8 tled to receive compensation at rates the Secretary fixes, but not more

9 than $100 a day, including traveltime, when performing Committee

10 business, and expenses under section 5703 of title 5.

11 § 3705. Safety programs

12 The Secretary of Labor shall—

13 (1) provide for the establishment and supervision of programs for the

14 education and training of employers and employees in the recognition,

15 avoidance, and prevention of unsafe working conditions in employment

16 covered by this chapter; and

17 (2) collect reports and data and consult with and advise employers

18 as to the best means of preventing injuries.

19 § 3706. Limitations, variations, tolerances, and exemptions

20 The Secretary of Labor may provide reasonable limitations to, and may

21 prescribe regulations allowing reasonable variations to, tolerances from, and

22 exemptions from, this chapter that the Secretary may find necessary and

23 proper in the public interest to prevent injustice or undue hardship or to

24 avoid serious impairment of the conduct of Federal Government business.

25 § 3707. Contractor certification or contract clause in acqui26 sition of commercial items not required

27 In a contract to acquire a commercial item (as defined in section 4 of

28 the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a certifi29 cation by a contractor or a contract clause may not be required to imple30 ment a prohibition or requirement in this chapter.

31 § 3708. Criminal penalties

32 A contractor or subcontractor having a duty to employ, direct, or control

33 a laborer or mechanic employed in the performance of work contemplated

34 by a contract to which this chapter applies that intentionally violates this

35 chapter shall be fined under title 18, imprisoned for not more than six

36 months, or both.

37 PART B—UNITED STATES CAPITOL

38 CHAPTER 51—UNITED STATES CAPITOL BUILDINGS

39 AND GROUNDS

Sec.

5101. Definition.

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

1 § 5101. Definition

2 In this chapter, the term ‘‘Capitol Buildings’’ means the United States

3 Capitol, the Senate and House Office Buildings and garages, the Capitol

4 Power Plant, all subways and enclosed passages connecting two or more of

5 those structures, and the real property underlying and enclosed by any of

6 those structures.

7 § 5102. Legal description and jurisdiction of United States

8 Capitol Grounds

9 (a) LEGAL DESCRIPTION.—The United States Capitol Grounds comprises

10 all squares, reservations, streets, roadways, walks, and other areas as de11 fined on a map entitled ‘‘Map showing areas comprising United States Cap12 itol Grounds’’, dated June 25, 1946, approved by the Architect of the Cap13 itol, and recorded in the Office of the Surveyor of the District of Columbia

14 in book 127, page 8, including all additions added by law after June 25,

15 1946.

16 (b) JURISDICTION.—

17 (1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control over

18 the Grounds, vested prior to July 31, 1946, by law in the Architect,

19 is extended to the entire area of the Grounds. Except as provided in

20 paragraph (2), the Architect is responsible for the maintenance and im21 provement of the Grounds, including those streets and roadways in the

22 Grounds as shown on the map referred to in subsection (a) as being

23 under the jurisdiction and control of the Commissioners of the District

24 of Columbia.

25 (2) MAYOR OF THE DISTRICT OF COLUMBIA.—

26 (A) IN GENERAL.—The Mayor of the District of Columbia is re27 sponsible for the maintenance and improvement of those portions

28 of the following streets which are situated between the curblines

29 of those streets: Constitution Avenue from Second Street North30 east to Third Street Northwest, First Street from D Street North31 east to D Street Southeast, D Street from First Street Southeast

32 to Washington Avenue Southwest, and First Street from the north

33 side of Louisiana Avenue to the intersection of C Street and

34 Washington Avenue Southwest, Pennsylvania Avenue Northwest

35 from First Street Northwest to Third Street Northwest, Maryland

36 Avenue Southwest from First Street Southwest to Third Street

37 Southwest, Second Street Northeast from F Street Northeast to
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1 C Street Southeast; C Street Southeast from Second Street South2 east to First Street Southeast; that portion of Maryland Avenue

3 Northeast from Second Street Northeast to First Street North4 east; that portion of New Jersey Avenue Northwest from D Street

5 Northwest to Louisiana Avenue; that portion of Second Street

6 Southwest from the north curb of D Street to the south curb of

7 Virginia Avenue Southwest; that portion of Virginia Avenue

8 Southwest from the east curb of Second Street Southwest to the

9 west curb of Third Street Southwest; that portion of Third Street

10 Southwest from the south curb of Virginia Avenue Southwest to

11 the north curb of D Street Southwest; that portion of D Street

12 Southwest from the west curb of Third Street Southwest to the

13 east curb of Second Street Southwest; that portion of Washington

14 Avenue Southwest, including sidewalks and traffic islands, from

15 the south curb of Independence Avenue Southwest to the west

16 curb of South Capitol Street.

17 (B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.—The

18 Mayor may enter any part of the Grounds to repair or maintain

19 or, subject to the approval of the Architect, construct or alter, any

20 utility service of the District of Columbia Government.

21 § 5103. Restrictions on public use of United States Capitol

22 Grounds

23 Public travel in, and occupancy of, the United States Capitol Grounds is

24 restricted to the roads, walks, and places prepared for that purpose.

25 § 5104. Unlawful activities

26 (a) DEFINITIONS.—In this section—

27 (1) ACT OF PHYSICAL VIOLENCE.—The term ‘‘act of physical vio28 lence’’ means any act involving—

29 (A) an assault or other infliction or threat of infliction of death

30 or bodily harm on an individual; or

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

32 (2) DANGEROUS WEAPON.—The term ‘‘dangerous weapon’’

33 includes—

34 (A) all articles enumerated in section 14(a) of the Act of July

35 8, 1932 (ch. 465, 47 Stat. 654); and

36 (B) a device designed to expel or hurl a projectile capable of

37 causing injury to individuals or property, a dagger, a dirk, a sti38 letto, and a knife having a blade over three inches in length.

39 (3) EXPLOSIVES.—The term ‘‘explosives’’ has the meaning given

40 that term in section 841(d) of title 18.
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1 (4) FIREARM.—The term ‘‘firearm’’ has the meaning given that term

2 in section 921(3) of title 18.

3 (b) OBSTRUCTION OF ROADS.—A person may not occupy the roads in the

4 United States Capitol Grounds in a manner that obstructs or hinders their

5 proper use, or use the roads in the area of the Grounds, south of Constitu6 tion Avenue and B Street and north of Independence Avenue and B Street,

7 to convey goods or merchandise, except to or from the United States Capitol

8 on Federal Government service.

9 (c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.—A per10 son may not carry out any of the following activities in the Grounds:

11 (1) offer or expose any article for sale.

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

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

14 (d) INJURIES TO PROPERTY.—A person may not step or climb on, re15 move, or in any way injure any statue, seat, wall, fountain, or other erection

16 or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

17 (e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—

18 (1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

19 DEVICES.—An individual or group of individuals—

20 (A) except as authorized by regulations prescribed by the Cap21 itol Police Board—

22 (i) may not carry on or have readily accessible to any indi23 vidual on the Grounds or in any of the Capitol Buildings a

24 firearm, a dangerous weapon, explosives, or an incendiary de25 vice;

26 (ii) may not discharge a firearm or explosives, use a dan27 gerous weapon, or ignite an incendiary device, on the Grounds

28 or in any of the Capitol Buildings; or

29 (iii) may not transport on the Grounds or in any of the

30 Capitol Buildings explosives or an incendiary device; or

31 (B) may not knowingly, with force and violence, enter or remain

32 on the floor of either House of Congress.

33 (2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual or

34 group of individuals may not willfully and knowingly—

35 (A) enter or remain on the floor of either House of Congress

36 or in any cloakroom or lobby adjacent to that floor, in the Ray37 burn Room of the House of Representatives, or in the Marble

38 Room of the Senate, unless authorized to do so pursuant to rules

39 adopted, or an authorization given, by that House;
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1 (B) enter or remain in the gallery of either House of Congress

2 in violation of rules governing admission to the gallery adopted by

3 that House or pursuant to an authorization given by that House;

4 (C) with the intent to disrupt the orderly conduct of official

5 business, enter or remain in a room in any of the Capitol Build6 ings set aside or designated for the use of either House of Con7 gress or a Member, committee, officer, or employee of Congress

8 or either House of Congress;

9 (D) utter loud, threatening, or abusive language, or engage in

10 disorderly or disruptive conduct, at any place in the Grounds or

11 in any of the Capitol Buildings with the intent to impede, disrupt,

12 or disturb the orderly conduct of a session of Congress or either

13 House of Congress, or the orderly conduct in that building of a

14 hearing before, or any deliberations of, a committee of Congress

15 or either House of Congress;

16 (E) obstruct, or impede passage through or within, the Grounds

17 or any of the Capitol Buildings;

18 (F) engage in an act of physical violence in the Grounds or any

19 of the Capitol Buildings; or

20 (G) parade, demonstrate, or picket in any of the Capitol Build21 ings.

22 (3) EXEMPTION OF GOVERNMENT OFFICIALS.—This subsection does

23 not prohibit any act performed in the lawful discharge of official duties

24 by—

25 (A) a Member of Congress;

26 (B) an employee of a Member of Congress;

27 (C) an officer or employee of Congress or a committee of Con28 gress; or

29 (D) an officer or employee of either House of Congress or a

30 committee of that House.

31 (f) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.—Except as pro32 vided in section 5106 of this title, a person may not—

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

34 Grounds; or

35 (2) display in the Grounds a flag, banner, or device designed or

36 adapted to bring into public notice a party, organization, or movement.

37 § 5105. Assistance to authorities by Capitol employees

38 Each individual employed in the service of the Federal Government in the

39 United States Capitol or within the United States Capitol Grounds shall

40 prevent, as far as may be in the individual’s power, a violation of a provision

41 of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946
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1 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest

2 and conviction of the individual violating the provision.

3 § 5106. Suspension of prohibitions

4 (a) AUTHORITY TO SUSPEND.—To allow the observance in the United

5 States Capitol Grounds of occasions of national interest becoming the cog6 nizance and entertainment of Congress, the President of the Senate and the

7 Speaker of the House of Representatives concurrently may suspend any of

8 the prohibitions contained in sections 5103 and 5104 of this title that would

9 prevent the use of the roads and walks within the Grounds by processions

10 or assemblages, and the use in the Grounds of suitable decorations, music,

11 addresses, and ceremonies, if responsible officers have been appointed and

12 the President and the Speaker determine that adequate arrangements have

13 been made to maintain suitable order and decorum in the proceedings and

14 to guard the United States Capitol and its grounds from injury.

15 (b) POWER TO SUSPEND PROHIBITIONS IN ABSENCE OF PRESIDENT OR

16 SPEAKER.—If either the President or Speaker is absent from the District

17 of Columbia, the authority to suspend devolves on the other officer. If both

18 officers are absent, the authority devolves on the Capitol Police Board.

19 (c) AUTHORITY OF MAYOR TO PERMIT USE OF LOUISIANA AVENUE.—

20 Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol

21 Police Board may grant the Mayor of the District of Columbia authority

22 to permit the use of Louisiana Avenue for any of the purposes prohibited

23 by section 5104(f).

24 § 5107. Concerts on grounds

25 Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and 5109 of this title and

26 sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat.

27 719, 720), do not prohibit a band in the service of the Federal Government

28 from giving concerts in the United States Capitol Grounds at times which

29 will not interfere with Congress and as authorized by the Architect of the

30 Capitol.

31 § 5108. Audit of private organizations

32 A private organization (except a political party or committee constituted

33 for the election of federal officials), whether or not organized for profit and

34 whether or not any of its income inures to the benefit of any person, that

35 performs services or conducts activities in the United States Capitol Build36 ings or Grounds is subject to a special audit of its accounts for each year

37 in which it performs those services or conducts those activities. The Comp38 troller General shall conduct the audit and report the results of the audit

39 to the Senate and the House of Representatives.
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1 § 5109. Penalties

2 (a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

3 DEVICE OFFENSES.—An individual or group violating section 5104(e)(1) of

4 this title, or attempting to commit a violation, shall be fined under title 18,

5 imprisoned for not more than five years, or both.

6 (b) OTHER OFFENSES.—A person violating section 5103 or 5104(b), (c),

7 (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall

8 be fined under title 18, imprisoned for not more than six months, or both.

9 (c) PROCEDURE.—

10 (1) IN GENERAL.—An action for a violation of this chapter or section

11 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat.

12 719, 720), including an attempt or a conspiracy to commit a violation,

13 shall be brought by the Attorney General in the name of the United

14 States. This chapter and sections 9, 9A, 9B, 9C and 14 do not super15 sede any provision of federal law or the laws of the District of Colum16 bia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C

17 or 14 also violates federal law or the laws of the District of Columbia,

18 both violations may be joined in a single action.

19 (2) VENUE.—An action under this section for a violation of—

20 (A) section 5104(e)(1) of this title or for conduct that con21 stitutes a felony under federal law or the laws of the District of

22 Columbia shall be brought in the United States District Court for

23 the District of Columbia; and

24 (B) any other section referred to in subsection (a) may be

25 brought in the Superior Court of the District of Columbia.

26 (3) AMOUNT OF PENALTY.— The penalty which may be imposed on

27 a person convicted in an action under this subsection is the highest

28 penalty authorized by any of the laws the defendant is convicted of vio29 lating.

30 PART C—FEDERAL BUILDING COMPLEXES

31 CHAPTER 61—UNITED STATES SUPREME COURT

32 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.
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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.

1 SUBCHAPTER I—GENERAL

2 § 6101. Definitions and application

3 (a) DEFINITIONS.—In this chapter, the following definitions apply:

4 (1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘official

5 guest of the Supreme Court’’ means an individual who is a guest of

6 the Supreme Court, as determined by the Chief Justice of the United

7 States or any Associate Justice of the Supreme Court;

8 (2) STATE.—The term ‘‘State’’ means a State of the United States,

9 the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the

10 Northern Mariana Islands, the Federated States of Micronesia, the

11 Marshall Islands, Palau, and any territory or possession of the United

12 States; and

13 (b) APPLICATION.—For purposes of section 6102 of this title and sub14 chapters III and IV, the Supreme Court grounds—

15 (1) extend to the line of the face of—

16 (A) the east curb of First Street Northeast, between Maryland

17 Avenue Northeast and East Capitol Street;

18 (B) the south curb of Maryland Avenue Northeast, between

19 First Street Northeast and Second Street Northeast;

20 (C) the west curb of Second Street Northeast, between Mary21 land Avenue Northeast and East Capitol Street; and

22 (D) the north curb of East Capitol Street between First Street

23 Northeast and Second Street Northeast; and

24 (2) comprise any property under the custody and control of the Su25 preme Court as part of the Supreme Court grounds, including property

26 acquired as provided by law on behalf of the Federal Government in

27 lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia

28 as an addition to the grounds of the Supreme Court Building.

29 § 6102. Regulations

30 (a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and

31 requirements specified in subchapter IV, the Marshal of the Supreme Court

32 may prescribe regulations, approved by the Chief Justice of the United

33 States, that are necessary for—
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1 (1) the adequate protection of the Supreme Court Building and

2 grounds and of individuals and property in the Building and grounds;

3 and

4 (2) the maintenance of suitable order and decorum within the Build5 ing and grounds.

6 (b) POSTING REQUIREMENT.—All regulations prescribed under this sec7 tion shall be posted in a public place at the Building and shall be made

8 reasonably available to the public in writing.

9 SUBCHAPTER II—BUILDINGS AND GROUNDS

10 § 6111. Supreme Court Building

11 (a) IN GENERAL.—

12 (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the

13 Capitol shall have charge of the structural and mechanical care of the

14 Supreme Court Building, including—

15 (A) the care and maintenance of the grounds; and

16 (B) the supplying of all mechanical furnishings and mechanical

17 equipment for the Building.

18 (2) OPERATION AND MAINTENANCE.—The Architect shall direct the

19 operation and maintenance of the mechanical equipment and repair of

20 the building.

21 (3) CONTRACT AUTHORITY.—The Architect may enter into all nec22 essary contracts to carry out this subsection.

23 (b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated under—

24 (1) subsection (a) and sections 6112 and 6113 of this title are avail25 able for—

26 (A) expenses of heating and air-conditioning refrigeration sup27 plied by the Capitol Power Plant, advancements for which shall be

28 made and deposited in the Treasury to the credit of appropriations

29 provided for the Capitol Power Plant; and

30 (B) the purchase of electrical energy; and

31 (2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’ and

32 ‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—

33 (A) improvements, maintenance, repairs, equipment, supplies,

34 materials, and appurtenances;

35 (B) special clothing for workers;

36 (C) personal and other services (including temporary labor with37 out regard to chapter 51, subchapter III of chapter 53, and sub38 chapter III of chapter 83, of title 5); and

39 (D) without compliance with section 3709 of the Revised Stat40 utes (41 U.S.C. 5)—
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1 (i) for snow removal (by hire of personnel and equipment

2 or under contract); and

3 (ii) for the replacement of electrical transformers con4 taining polychlorinated biphenyls.

5 § 6112. Supreme Court Building and grounds employees

6 Employees required to carry out section 6111(a) of this title shall be—

7 (1) appointed by the Architect of the Capitol with the approval of

8 the Chief Justice of the United States;

9 (2) compensated in accordance with chapter 51 and subchapter III

10 of chapter 53 of title 5; and

11 (3) subject to subchapter III of chapter 83 of title 5.

12 § 6113. Duties of the Superintendent of the Supreme Court

13 Building

14 Except as provided in section 6111(a) of this title, all duties and work

15 required for the operation, domestic care, and custody of the Supreme Court

16 Building shall be performed under the direction of the Marshal of the Su17 preme Court. The Marshal serves as the superintendent of the Building.

18 § 6114. Oliver Wendell Holmes Garden

19 The Architect of the Capitol shall maintain and care for the Oliver Wen20 dell Holmes Garden in accordance with the provisions of law on the mainte21 nance and care of the grounds of the Supreme Court Building.

22 SUBCHAPTER III—POLICING AUTHORITY

23 § 6121. General

24 (a) AUTHORITY OF MARSHAL OF THE SUPREME COURT AND SUPREME

25 COURT POLICE.—In accordance with regulations prescribed by the Marshal

26 of the Supreme Court and approved by the Chief Justice of the United

27 States, the Marshal and the Supreme Court Police shall have authority—

28 (1) to police the Supreme Court Building and grounds and adjacent

29 streets to protect individuals and property;

30 (2) in any State, to protect—

31 (A) the Chief Justice, any Associate Justice of the Supreme

32 Court, and any official guest of the Supreme Court; and

33 (B) any officer or employee of the Supreme Court while that of34 ficer or employee is performing official duties;

35 (3) while performing duties necessary to carry out paragraph (1) or

36 (2), to make arrests for any violation of federal or state law and any

37 regulation under federal or state law; and

38 (4) to carry firearms as may be required while performing duties

39 under section 6102 of this title, this subchapter, and subchapter IV.

40 (b) ADDITIONAL REQUIREMENTS RELATED TO SUBSECTION (a)(2).—
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1 (1) AUTHORIZATION TO CARRY FIREARMS.—Duties under subsection

2 (a)(2)(A) with respect to an official guest of the Supreme Court in any

3 State (other than the District of Columbia, Maryland, and Virginia)

4 shall be authorized in writing by the Chief Justice or an Associate Jus5 tice, if those duties require the carrying of firearms under subsection

6 (a)(4).

7 (2) TERMINATION OF AUTHORITY.—The authority provided under

8 subsection (a)(2) expires on December 29, 2004.

9 § 6122. Designation of members of the Supreme Court Police

10 Under the general supervision and direction of the Chief Justice of the

11 United States, the Marshal of the Supreme Court may designate employees

12 of the Supreme Court as members of the Supreme Court Police, without

13 additional compensation.

14 § 6123. Authority of Metropolitan Police of the District of

15 Columbia

16 The Metropolitan Police of the District of Columbia may make arrests

17 within the Supreme Court Building and grounds for a violation of federal

18 or state law or any regulation under federal or state law. This section does

19 not authorize the Metropolitan Police to enter the Supreme Court Building

20 to make an arrest in response to a complaint, serve a warrant, or patrol

21 the Supreme Court Building or grounds, unless the Metropolitan Police

22 have been requested to do so by, or have received the consent of, the Mar23 shal of the Supreme Court or an assistant to the Marshal.

24 SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

25 § 6131. Public travel in Supreme Court grounds

26 Public travel in, and occupancy of, the Supreme Court grounds is re27 stricted to the sidewalks and other paved surfaces.

28 § 6132. Sale of articles, signs, and solicitation in Supreme

29 Court Building and grounds

30 It is unlawful—

31 (1) to offer or expose any article for sale in the Supreme Court

32 Building or grounds;

33 (2) to display a sign, placard, or other form of advertisement in the

34 Building or grounds; or

35 (3) to solicit fares, alms, subscriptions, or contributions in the Build36 ing or grounds.

37 § 6133. Property in the Supreme Court Building and

38 grounds

39 It is unlawful to step or climb on, remove, or in any way injure any stat40 ue, seat, wall, fountain, or other erection or architectural feature, or any

41 tree, shrub, plant, or turf, in the Supreme Court Building or grounds.
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1 § 6134. Firearms, fireworks, speeches, and objectionable lan2 guage in the Supreme Court Building and grounds

3 It is unlawful to discharge a firearm, firework or explosive, set fire to a

4 combustible, make a harangue or oration, or utter loud, threatening, or abu5 sive language in the Supreme Court Building or grounds.

6 § 6135. Parades, assemblages, and display of flags in the Su7 preme Court Building and grounds

8 It is unlawful to parade, stand, or move in processions or assemblages

9 in the Supreme Court Building or grounds, or to display in the Building

10 and grounds a flag, banner, or device designed or adapted to bring into pub11 lic notice a party, organization, or movement.

12 § 6136. Suspension of prohibitions against use of Supreme

13 Court grounds

14 To allow the observance of authorized ceremonies in the Supreme Court

15 Building and grounds, the Marshal of the Supreme Court may suspend for

16 those occasions any of the prohibitions contained in this subchapter as may

17 be necessary for the occasion if—

18 (1) responsible officers have been appointed; and

19 (2) the Marshal determines that adequate arrangements have been

20 made—

21 (A) to maintain suitable order and decorum in the proceedings;

22 and

23 (B) to protect the Supreme Court Building and grounds and in24 dividuals and property in the Building and grounds.

25 § 6137. Penalties

26 (a) IN GENERAL.—An individual who violates this subchapter, or a regu27 lation prescribed under section 6102 of this title, shall be fined under title

28 18, imprisoned not more than 60 days, or both.

29 (b) VENUE AND PROCEDURE.—Prosecution for a violation described in

30 subsection (a) shall be in the Superior Court of the District of Columbia,

31 on information by the United States Attorney or an Assistant United States

32 Attorney.

33 (c) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—If during

34 the commission of a violation described in subsection (a), public property

35 is damaged in an amount exceeding $100, the period of imprisonment for

36 the offense may be not more than five years.

37 CHAPTER 63—SMITHSONIAN INSTITUTION, NATIONAL

38 GALLERY OF ART, AND JOHN F. KENNEDY CENTER

39 FOR THE PERFORMING ARTS

Sec.

6301. Definition.

6302. Public use of grounds.
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6303. Unlawful activities.

6304. Additional regulations.

6305. Suspension of regulations.

6306. Policing of buildings and grounds.

6307. Penalties.

1 § 6301. Definition

2 In this chapter, the term ‘‘specified buildings and grounds’’ means—

3 (1) SMITHSONIAN INSTITUTION.—The Smithsonian Institution and

4 its grounds, which include the following:

5 (A) SMITHSONIAN BUILDINGS AND GROUNDS ON THE NATIONAL

6 MALL.—The Smithsonian Building, the Arts and Industries Build7 ing, the Freer Gallery of Art, the National Air and Space Mu8 seum, the National Museum of Natural History, the National Mu9 seum of American History, the National Museum of the American

10 Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur

11 M. Sackler Gallery, the National Museum of African Art, the S.

12 Dillon Ripley Center, and all other buildings of the Smithsonian

13 Institution within the Mall, including the entrance walks, unload14 ing areas, and other pertinent service roads and parking areas.

15 (B) NATIONAL ZOOLOGICAL PARK.—The National Zoological

16 Park comprising all the buildings, streets, service roads, walks,

17 and other areas within the boundary fence of the National Zoolog18 ical Park in the District of Columbia and including the public

19 space between that fence and the face of the curb lines of the ad20 jacent city streets.

21 (C) OTHER SMITHSONIAN BUILDINGS AND GROUNDS.—All other

22 buildings, service roads, walks, and other areas within the exterior

23 boundaries of any real estate or land or interest in land (including

24 temporary use) that the Smithsonian Institution acquires and that

25 the Secretary of the Smithsonian Institution determines to be nec26 essary for the adequate protection of individuals or property in the

27 Smithsonian Institution and suitable for administration as a part

28 of the Smithsonian Institution.

29 (2) NATIONAL GALLERY OF ART.—The National Gallery of Art and

30 its grounds, which extend—

31 (A) to the line of the face of the south curb of Constitution Ave32 nue Northwest, between Seventh Street Northwest, and Fourth

33 Street Northwest, to the line of the face of the west curb of

34 Fourth Street Northwest, between Constitution Avenue Northwest,

35 and Madison Drive Northwest; to the line of the face of the north

36 curb of Madison Drive Northwest, between Fourth Street North37 west, and Seventh Street Northwest; and to the line of the face
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1 of the east curb of Seventh Street Northwest, between Madison

2 Drive Northwest, and Constitution Avenue Northwest;

3 (B) to the line of the face of the south curb of Pennsylvania

4 Avenue Northwest, between Fourth Street and Third Street

5 Northwest, to the line of the face of the west curb of Third Street

6 Northwest, between Pennsylvania Avenue and Madison Drive

7 Northwest, to the line of the face of the north curb of Madison

8 Drive Northwest, between Third Street and Fourth Street North9 west, and to the line of the face of the east curb of Fourth Street

10 Northwest, between Pennsylvania Avenue and Madison Drive

11 Northwest; and

12 (C) to the line of the face of the south curb of Constitution Ave13 nue Northwest, between Ninth Street Northwest and Seventh

14 Street Northwest; to the line of the face of the west curb of Sev15 enth Street Northwest, between Constitution Avenue Northwest

16 and Madison Drive Northwest; to the line of the face of the north

17 curb of Madison Drive Northwest, between Seventh Street North18 west and the line of the face of the east side of the east retaining

19 wall of the Ninth Street Expressway Northwest; and to the line

20 of the face of the east side of the east retaining wall of the Ninth

21 Street Expressway Northwest, between Madison Drive Northwest

22 and Constitution Avenue Northwest.

23 (3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—The

24 John F. Kennedy Center for the Performing Arts, which extends to the

25 line of the west face of the west retaining walls and curbs of the Inner

26 Loop Freeway on the east, the north face of the north retaining walls

27 and curbs of the Theodore Roosevelt Bridge approaches on the south,

28 the east face of the east retaining walls and curbs of Rock Creek Park29 way on the west, and the south curbs of New Hampshire Avenue and

30 F Street on the north, as generally depicted on the map entitled

31 ‘‘Transfer of John F. Kennedy Center for the Performing Arts’’, num32 bered 844/82563 and dated April 20, 1994 (as amended by the map

33 entitled ‘‘Transfer of John F. Kennedy Center for the Performing

34 Arts’’, numbered 844/82563A and dated May 22, 1997), which shall

35 be on file and available for public inspection in the office of the Na36 tional Capital Region, National Park Service.

37 § 6302. Public use of grounds

38 Public travel in, and occupancy of, the grounds specified under section

39 6301 of this title are restricted to the sidewalks and other paved surfaces,

40 except in the National Zoological Park.
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1 § 6303. Unlawful activities

2 (a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other than

3 an authorized employee or concessionaire to carry out any of the following

4 activities within the specified buildings and grounds:

5 (1) Offer or expose any article for sale.

6 (2) Display any sign, placard, or other form of advertisement.

7 (3) Solicit alms, subscriptions, or contributions.

8 (b) TOUCHING OF, OR INJURIES TO, PROPERTY.—It is unlawful for

9 anyone—

10 (1) other than an authorized employee, to touch or handle objects

11 of art or scientific or historical objects on exhibition within the speci12 fied buildings or grounds; or

13 (2) to step or climb on, remove, or in any way injure any object of

14 art, exhibit (including an exhibit animal), equipment, seat, wall, foun15 tain, or other erection or architectural feature, or any tree, shrub,

16 plant, or turf, within the specified buildings or grounds.

17 § 6304. Additional regulations

18 (a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In addition

19 to the restrictions and requirements specified in sections 6302 and 6303 of

20 this title, the Secretary of the Smithsonian Institution, the Trustees of the

21 National Gallery of Art, and the Trustees of the John F. Kennedy Center

22 for the Performing Arts may prescribe for their respective agencies regula23 tions necessary for—

24 (1) the adequate protection of the specified buildings and grounds

25 and individuals and property in those buildings and grounds; and

26 (2) the maintenance of suitable order and decorum within the speci27 fied buildings and grounds, including the control of traffic and parking

28 of vehicles in the National Zoological Park and all other areas in the

29 District of Columbia under their control.

30 (b) PUBLICATION IN FEDERAL REGISTER.—A regulation prescribed

31 under this section shall be published in the Federal Register and is not ef32 fective until the expiration of 10 days after the date of publication.

33 § 6305. Suspension of regulations

34 To allow authorized services, training programs, and ceremonies in the

35 specified buildings and grounds, the Secretary of the Smithsonian Institu36 tion, the Trustees of the National Gallery of Art, and the Trustees of the

37 John F. Kennedy Center for the Performing Arts (or their designees) may

38 suspend for their respective agencies any of the prohibitions contained in

39 sections 6302 and 6303 of this title as may be necessary for the occasion

40 or circumstance if—

41 (1) responsible officers have been appointed; and
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1 (2) the Secretary of the Smithsonian Institution, the Trustees of the

2 National Gallery of Art, and the Trustees of the John F. Kennedy Cen3 ter for the Performing Arts (or their designees) determine that ade4 quate arrangements have been made—

5 (A) to maintain suitable order and decorum in the proceedings;

6 and

7 (B) to protect the specified buildings and grounds and persons

8 and property in those buildings and on those grounds.

9 § 6306. Policing of buildings and grounds

10 (a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to sec11 tion 5375 of title 5, the Secretary of the Smithsonian Institution, the Trust12 ees of the National Gallery of Art, and the Trustees of the John F. Ken13 nedy Center for the Performing Arts (or their designees) may designate em14 ployees of their respective agencies as special police, without additional com15 pensation, for duty in connection with the policing of their respective speci16 fied buildings and grounds.

17 (b) POWERS.—The employees designated as special police under sub18 section (a)—

19 (1) may, within the specified buildings and grounds, enforce, and

20 make arrests for violations of, sections 6302 and 6303 of this title, any

21 regulation prescribed under section 6304 of this title, federal or state

22 law, or any regulation prescribed under federal or state law; and

23 (2) may enforce concurrently with the United States Park Police the

24 laws and regulations applicable to the National Capital Parks, and may

25 make arrests for violations of sections 6302 and 6303 of this title,

26 within the several areas located within the exterior boundaries of the

27 face of the curb lines of the squares within which the specified build28 ings and grounds are located.

29 (c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated as

30 special police under subsection (a) may be provided, without charge, with

31 uniforms and other equipment as may be necessary for the proper perform32 ance of their duties, including badges, revolvers, and ammunition.

33 § 6307. Penalties

34 (a) IN GENERAL.—

35 (1) PENALTY.—A person violating section 6302 or 6303 of this title,

36 or a regulation prescribed under section 6304 of this title, shall be

37 fined under title 18, imprisoned for not more than 60 days, or both.

38 (2) PROCEDURE.—Prosecution for an offense under this subsection

39 shall be in the Superior Court of the District of Columbia, by informa40 tion by the United States Attorney or an Assistant United States At41 torney.
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1 (b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—

2 (1) PENALTY.—If in the commission of a violation described in sub3 section (a), property is damaged in an amount exceeding $100, the pe4 riod of imprisonment for the offense may be not more than five years.

5 (2) VENUE AND PROCEDURE.—Prosecution of an offense under this

6 subsection shall be in the United States District Court for the District

7 of Columbia by indictment. Prosecution may be on information by the

8 United States Attorney or an Assistant United States Attorney if the

9 defendant, after being advised of the nature of the charge and of rights

10 of the defendant, waives in open court prosecution by indictment.

11 CHAPTER 65—THURGOOD MARSHALL FEDERAL

12 JUDICIARY BUILDING

Sec.

6501. Definition.

6502. Thurgood Marshall Federal Judiciary Building.

6503. Commission for the Judiciary Office Building.

6504. Lease of building.

6505. Structural and mechanical care and security.

6506. Allocation of space.

6507. Account in Treasury.

13 § 6501. Definition

14 In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the

15 United States or the designee of the Chief Justice, except that when there

16 is a vacancy in the office of the Chief Justice, the most senior associate jus17 tice of the Supreme Court shall be deemed to be the Chief Justice for pur18 poses of this chapter until the vacancy is filled.

19 § 6502. Thurgood Marshall Federal Judiciary Building

20 (a) ESTABLISHMENT AND DESIGNATION.—There is a Federal Judiciary

21 Building in Washington, D.C., known and designated as the ‘‘Thurgood

22 Marshall Federal Judiciary Building’’.

23 (b) TITLE.—

24 (1) SQUARES 721 AND 722.—Title to squares 721 and 722 remains

25 in the Federal Government.

26 (2) BUILDING.—Title to the Building and other improvements con27 structed or otherwise made immediately reverts to the Government at

28 the expiration of not more than 30 years from the effective date of the

29 lease agreement referred to in section 6504 of this title without pay30 ment of any compensation by the Government.

31 (c) LIMITATIONS.—

32 (1) SIZE OF BUILDING.—The Building (excluding parking facilities)

33 may not exceed 520,000 gross square feet in size above the level of Co34 lumbia Plaza in the District of Columbia.

35 (2) HEIGHT OF BUILDING.—The height of the Building and other

36 improvements shall be compatible with the height of surrounding Gov-
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1 ernment and historic buildings and conform to the provisions of the Act

2 of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height

3 Act of 1910).

4 (3) DESIGN.—The Building and other improvements shall—

5 (A) be designed in harmony with historical and Government

6 buildings in the vicinity;

7 (B) reflect the symbolic importance and historic character of the

8 United States Capitol and other buildings on the United States

9 Capitol Grounds; and

10 (C) represent the dignity and stability of the Government.

11 (d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding archi12 tectural design of the Building are subject to the approval of the Chief Jus13 tice.

14 (e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—If the

15 Building is connected with the Capitol Power Plant, the Architect of the

16 Capitol shall furnish chilled water and steam from the Plant to the Building

17 on a reimbursable basis.

18 (f) CONSTRUCTION STANDARDS.—The Building and other improvements

19 constructed under this chapter shall meet all standards applicable to con20 struction of a federal building.

21 (g) ACCOUNTING SYSTEM.—The Architect shall maintain an accounting

22 system for operation and maintenance of the Building and other improve23 ments which will allow accurate projections of the dates and cost of major

24 repairs, improvements, reconstructions, and replacements of the Building

25 and improvements and other capital expenditures on the Building and im26 provements.

27 (h) NONAPPLICABILITY OF CERTAIN LAWS.—

28 (1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building is

29 not subject to any law of the District of Columbia relating to building

30 codes, permits, or inspection, including any such law enacted by Con31 gress.

32 (2) TAXES.—The Building and other improvements constructed

33 under this chapter are not subject to any law of the District of Colum34 bia relating to real estate and personal property taxes, special assess35 ments, or other taxes, including any such law enacted by Congress.

36 § 6503. Commission for the Judiciary Office Building

37 (a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission for the

38 Judiciary Office Building, composed of the following 13 members or their

39 designees:

40 (1) Two individuals appointed by the Chief Justice from among jus41 tices of the Supreme Court and other judges of the United States.
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1 (2) The members of the House Office Building Commission.

2 (3) The majority leader and minority leader of the Senate.

3 (4) The Chairman and the ranking minority member of the Senate

4 Committee on Rules and Administration.

5 (5) The Chairman and the ranking minority member of the Senate

6 Committee on Environment and Public Works.

7 (6) The Chairman and ranking minority member of the Committee

8 on Transportation and Infrastructure of the House of Representatives.

9 (b) QUORUM.—Seven members of the Commission is a quorum.

10 (c) DUTIES.—The Commission is responsible for the supervision of the

11 design, construction, operation, maintenance, structural, mechanical, and

12 domestic care, and security of the Thurgood Marshall Federal Judiciary

13 Building. The Commission shall prescribe regulations to govern the actions

14 of the Architect of the Capitol under this chapter and to govern the use

15 and occupancy of all space in the Building.

16 § 6504. Lease of building

17 (a) LEASE AGREEMENT.—Under an agreement with the person selected

18 to construct the Thurgood Marshall Federal Judiciary Building, the Archi19 tect of the Capitol shall lease the Building to carry out the objectives of

20 this chapter.

21 (b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement

22 includes at a minimum the following:

23 (1) LIMIT ON LENGTH OF LEASE.—The Architect will lease the

24 Building and other improvements for not more than 30 years from the

25 effective date of the agreement.

26 (2) RENTAL RATE.—The rental rate per square foot of occupiable

27 space for all space in the Building and other improvements will be in

28 the best interest of the Federal Government and will carry out the ob29 jectives of this chapter. The aggregate rental rate for all space in the

30 Building and other improvements shall produce an amount at least

31 equal to the amount necessary to amortize the cost of development of

32 squares 721 and 722 in the District of Columbia over the life of the

33 lease.

34 (3) AUTHORITY TO MAKE SPACE AVAILABLE AND SUBLEASE

35 SPACE.—The Architect may make space available and sublease space

36 in the Building and other improvements in accordance with section

37 6506 of this title.

38 (4) OTHER TERMS AND CONDITIONS.—The agreement contains

39 terms and conditions the Architect prescribes to carry out the objec40 tives of this chapter.
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1 (c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease pay2 ments under this section may only be made—

3 (1) on an annual basis; and

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

5 § 6505. Structural and mechanical care and security

6 (a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol,

7 under the direction of the Commission for the Judiciary Office Building—

8 (1) is responsible for the structural and mechanical care and mainte9 nance of the Thurgood Marshall Federal Judiciary Building and im10 provements, including the care and maintenance of the grounds of the

11 Building, in the same manner and to the same extent as for the struc12 tural and mechanical care and maintenance of the Supreme Court

13 Building under section 6111 of this title; and

14 (2) shall perform all other duties and work required for the operation

15 and domestic care of the Building and improvements.

16 (b) SECURITY.—

17 (1) CAPITOL POLICE.—The United States Capitol Police—

18 (A) are responsible for all exterior security of the Building and

19 other improvements constructed under this chapter; and

20 (B) may police the Building and other improvements, including

21 the interior and exterior, and may make arrests within the interior

22 and exterior of the Building and other improvements for any viola23 tion of federal or state law or the laws of the District of Columbia,

24 or any regulation prescribed under any of those laws.

25 (2) MARSHAL OF THE SUPREME COURT.—This chapter does not

26 interfere with the obligation of the Marshal of the Supreme Court to

27 protect justices, officers, employees, or other personnel of the Supreme

28 Court who may occupy the Building and other improvements.

29 (3) REIMBURSEMENT.—The Architect shall transfer from the ac30 count described in section 6507 of this title amounts necessary to reim31 burse the United States Capitol Police for expenses incurred in pro32 viding exterior security under this subsection. The Capitol Police may

33 accept amounts the Architect transfers under this paragraph. Those

34 amounts shall be credited to the appropriation account charged by the

35 Capitol Police in carrying out security duties.

36 § 6506. Allocation of space

37 (a) PRIORITY.—

38 (1) JUDICIAL BRANCH.—Subject to this section, the Architect of the

39 Capitol shall make available to the judicial branch of the Federal Gov40 ernment all space in the Thurgood Marshall Federal Judiciary Building

41 and other improvements constructed under this chapter. The space
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1 shall be made available on a reimbursable basis and substantially in ac2 cordance with the report referred to in section 3(b)(1) of the Judiciary

3 Office Building Development Act (Public Law 100–480, 102 Stat.

4 2330).

5 (2) OTHER FEDERAL GOVERNMENTAL ENTITIES.—The Architect

6 may make available to federal governmental entities which are not part

7 of the judicial branch and which are not staff of Members of Congress

8 or congressional committees any space in the Building and other im9 provements that the Chief Justice decides is not needed by the judicial

10 branch. The space shall be made available on a reimbursable basis.

11 (3) OTHER PERSONS.—If any space remains, the Architect may sub12 lease it pursuant to subsection (e), under the direction of the Commis13 sion for the Judiciary Office Building, to any person.

14 (b) SPACE FOR JUDICIAL BRANCH AND OTHER FEDERAL GOVERN15 MENTAL ENTITIES.—Space made available under subsection (a)(1) or (2)

16 is subject to—

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

18 chapter; and

19 (2) reimbursement at the rate established under section 6504(b)(2)

20 of this title plus an amount necessary to pay each year for the cost

21 of administering the Building and other improvements (including the

22 cost of operation, maintenance, rehabilitation, security, and structural,

23 mechanical, and domestic care) that is attributable to the space, with

24 the amount to be determined by the Architect and—

25 (A) in the case of the judicial branch, the Director of the Ad26 ministrative Office of the United States Courts; or

27 (B) in the case of any federal governmental entity not a part

28 of the judicial branch, the entity.

29 (c) SPACE FOR JUDICIAL BRANCH.—

30 (1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The Direc31 tor may assign space made available to the judicial branch under sub32 section (a)(1) among offices of the judicial branch as the Director con33 siders appropriate.

34 (2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies

35 the Architect that the judicial branch requires additional space in the

36 Building and other improvements, the Architect shall accommodate

37 those requirements within 90 days after the date of the notification,

38 except that if the space was made available to the Administrator of

39 General Services, it shall be vacated expeditiously by not later than a

40 date the Chief Justice and the Administrator agree on.
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1 (3) UNOCCUPIED SPACE.—The Chief Justice has the right of first

2 refusal to use unoccupied space in the Building to meet the needs of

3 the judicial branch.

4 (d) LEASE BY ARCHITECT.—

5 (1) AUTHORITY TO LEASE.—Subject to approval by the Committees

6 on Appropriations of the House of Representatives and the Senate, the

7 House Office Building Commission, and the Committee on Rules and

8 Administration of the Senate, the Architect may lease and occupy not

9 more than 75,000 square feet of space in the Building.

10 (2) PAYMENTS.—Payments under the lease shall be made on vouch11 ers the Architect approves. Necessary amounts may be appropriated—

12 (A) to the Architect to carry out this subsection, including

13 amounts for acquiring and installing furniture and furnishings;

14 and

15 (B) to the Sergeant at Arms of the Senate to plan for, acquire,

16 and install telecommunications equipment and services for the Ar17 chitect with respect to space leased under this subsection.

18 (e) SUBLEASED SPACE.—

19 (1) RENTAL RATE.—Space subleased by the Architect under sub20 section (a)(3) is subject to reimbursement at a rate which is com21 parable to prevailing rental rates for similar facilities in the area but

22 not less than the rate established under section 6504(b)(2) of this title

23 plus an amount the Architect and the person subleasing the space

24 agree is necessary to pay each year for the cost of administering the

25 Building (including the cost of operation, maintenance, rehabilitation,

26 security, and structural, mechanical, and domestic care) that is attrib27 utable to the space.

28 (2) LIMITATION.—A sublease under subsection (a)(3) must be com29 patible with the dignity and functions of the judicial branch offices

30 housed in the Building and must not unduly interfere with the activi31 ties and operations of the judicial branch agencies housed in the Build32 ing. Sections 5104(c) and 5108 of this title do not apply to any space

33 in the Building and other improvements subleased to a non-Govern34 ment tenant under subsection (a)(3).

35 (3) COLLECTION OF RENT.—The Architect shall collect rent for

36 space subleased under subsection (a)(3).

37 (f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received under

38 subsection (a)(3) (including lease payments and reimbursements) shall be

39 deposited in the account described in section 6507 of this title.
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1 § 6507. Account in Treasury

2 (a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.—There is

3 a separate account in the Treasury. The account includes all amounts de4 posited in the account under section 6506(f) of this title and amounts ap5 propriated to the account. However, the appropriated amounts may not be

6 more than $2,000,000.

7 (b) USE OF AMOUNTS.—Amounts in the account are available to the Ar8 chitect of the Capitol—

9 (1) for paying expenses for structural, mechanical, and domestic

10 care, maintenance, operation, and utilities of the Thurgood Marshall

11 Federal Judiciary Building and other improvements constructed under

12 this chapter;

13 (2) for reimbursing the United States Capitol Police for expenses in14 curred in providing exterior security for the Building and other im15 provements;

16 (3) for making lease payments under section 6504 of this title; and

17 (4) for necessary personnel (including consultants).

18 CHAPTER 67—PENNSYLVANIA AVENUE DEVELOPMENT

SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES,

TITLE, AND INTERESTS

Sec.

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

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

SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

6711. Definition.

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

6713. Certification of new construction.

6714. Relocation services.

6715. Coordination with District of Columbia.

6716. Reports.

SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

6731. Definitions.

6732. Federal Triangle development area.

6733. Federal Triangle property.

6734. Ronald Reagan Building and International Trade Center.

19 SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,

20 AUTHORITIES, TITLE, AND INTERESTS

21 § 6701. Transfer of rights and authorities of Pennsylvania

22 Avenue Development Corporation

23 (a) IN GENERAL.—The Administrator of General Services—

24 (1) may make and perform transactions with an agency or instru25 mentality of the Federal Government, a State, the District of Colum26 bia, or any person as necessary to carry out the trade center plan at

27 the Federal Triangle Project; and

28 (2) has all the rights and authorities of the former Pennsylvania Av29 enue Development Corporation with regard to property transferred
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1 from the Corporation to the General Services Administration in fiscal

2 year 1996.

3 (b) USE OF AMOUNTS AND INCOME.—

4 (1) ACTIVITIES ASSOCIATED WITH TRANSFERRED RESPONSIBIL5 ITIES.—The Administrator may use amounts transferred from the Cor6 poration or income earned on Corporation property for activities associ7 ated with carrying out the responsibilities of the Corporation trans8 ferred to the Administrator. Any income earned after October 1, 1998,

9 shall be deposited to the Federal Buildings Fund to be available for

10 the purposes authorized under this subchapter, notwithstanding section

11 592(c)(1) of this title.

12 (2) EXCESS AMOUNTS OR INCOME.—Any amounts or income the Ad13 ministrator considers excess to the amount needed to fulfill the respon14 sibilities of the Corporation transferred to the Administrator shall be

15 applied to any outstanding debt the Corporation incurred when acquir16 ing real estate, except debt associated with the Ronald Reagan Build17 ing and International Trade Center.

18 (c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real property

19 transferred from the Corporation to the Administrator under section 6702

20 of this title, the Administrator shall pay to the District of Columbia govern21 ment, in the same way as previously paid by the Corporation, an amount

22 equal to the amount of real property tax which would have been payable

23 to the government beginning on the date the Corporation acquired the real

24 property if legal title to the property had been held by a private citizen on

25 that date and during all periods to which that date relates.

26 § 6702. Transfer and assignment of rights, title, and inter27 ests in property

28 (a) IN GENERAL.—

29 (1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As pro30 vided in this section, the General Services Administration, the National

31 Capital Planning Commission, and the National Park Service have the

32 rights, title, and interest of the Pennsylvania Avenue Development Cor33 poration in and to all leases, covenants, agreements, and easements the

34 Corporation executed before April 1, 1996, in carrying out its powers

35 and duties under the Pennsylvania Avenue Development Corporation

36 Act of 1972 (Public Law 92–578, 86 Stat. 1266) and the Federal Tri37 angle Development Act (Public Law 100–113, 101 Stat. 735).

38 (2) PROPERTY.—The Administration has the rights, title, and inter39 est of the Corporation in and to all property held in the name of the

40 Corporation, except as provided in subsection (c).

41 (b) GENERAL SERVICES ADMINISTRATION.—
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1 (1) RESPONSIBILITIES.—The responsibilities of the Corporation

2 transferred to the Administration under subsection (a) include—

3 (A) the collection of revenue owed the Federal Government as

4 a result of real estate sales or lease agreements made by the Cor5 poration and private parties, including—

6 (i) the Willard Hotel property on Square 225;

7 (ii) the Gallery Row project on Square 457;

8 (iii) the Lansburgh’s project on Square 431; and

9 (iv) the Market Square North project on Square 407;

10 (B) the collection of sale or lease revenue owed the Government

11 from the sale or lease before April 1, 1996, of two undeveloped

12 sites owned by the Corporation on Squares 457 and 406;

13 (C) the application of collected revenue to repay Treasury debt

14 the Corporation incurred when acquiring real estate;

15 (D) performing financial audits for projects in which the Cor16 poration has actual or potential revenue expectation, as identified

17 in subparagraphs (A) and (B), in accordance with procedures de18 scribed in applicable sale or lease agreements;

19 (E) the disposition of real estate properties which are or become

20 available for sale and lease or other uses;

21 (F) payment of benefits in accordance with the Uniform Reloca22 tion Assistance and Real Property Acquisition Policies Act of 1970

23 (42 U.S.C. 4601 et seq.) to which persons in the project area

24 squares are entitled as a result of the Corporation’s acquisition of

25 real estate; and

26 (G) carrying out the responsibilities of the Corporation under

27 subchapter III and the Federal Triangle Development Act (Public

28 Law 100–113, 101 Stat. 735), including responsibilities for man29 aging assets and liabilities of the Corporation under subchapter

30 III and the Act.

31 (2) POWERS.—In carrying out the responsibilities of the Corporation

32 transferred under this section, the Administrator of General Services

33 may—

34 (A) acquire land, improvements, and property by purchase, lease

35 or exchange, and sell, lease, or otherwise dispose of any property,

36 as necessary to complete the development plan developed under

37 section 5 of the Pennsylvania Avenue Development Corporation

38 Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of

39 intention to carry out the acquisition or disposal is first trans40 mitted to the Committee on Transportation and Infrastructure

41 and the Committee on Appropriations of the House of Representa-
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1 tives and the Committee on Environment and Public Works and

2 the Committee on Appropriations of the Senate and at least 60

3 days elapse after the date of the transmission;

4 (B) modify the plan referred to in subparagraph (A) if the

5 modification is first transmitted to the Committee on Transpor6 tation and Infrastructure and the Committee on Appropriations of

7 the House of Representatives and the Committee on Environment

8 and Public Works and the Committee on Appropriations of the

9 Senate and at least 60 days elapse after the date of the trans10 mission;

11 (C) maintain any existing Corporation insurance programs;

12 (D) make and perform transactions with an agency or instru13 mentality of the Federal Government, a State, the District of Co14 lumbia, or any person as necessary to carry out the responsibilities

15 of the Corporation under subchapter III and the Federal Triangle

16 Development Act (Public Law 100–113, 101 Stat. 735);

17 (E) request the Council of the District of Columbia to close any

18 alleys necessary for the completion of development in Square 457;

19 and

20 (F) use all of the amount transferred from the Corporation or

21 income earned on Corporation property to complete any pending

22 development projects.

23 (c) NATIONAL PARK SERVICE.—

24 (1) PROPERTY.—The National Park Service has the right, title, and

25 interest in and to the property located in the Pennsylvania Avenue Na26 tional Historic Site, including the parks, plazas, sidewalks, special

27 lighting, trees, sculpture, and memorials, depicted on a map entitled

28 ‘‘Pennsylvania Avenue National Historic Park’’, dated June 1, 1995,

29 and numbered 840–82441. The map shall be on file and available for

30 public inspection in the offices of the Service.

31 (2) RESPONSIBILITIES.—The Service is responsible for management,

32 administration, maintenance, law enforcement, visitor services, resource

33 protection, interpretation, and historic preservation at the Site.

34 (3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—The

35 Service may—

36 (A) make transactions with an agency or instrumentality of the

37 Government, a State, the District of Columbia, or any person as

38 considered necessary or appropriate for the conduct of special

39 events, festivals, concerts, or other art and cultural programs at

40 the Site; or
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1 (B) establish a nonprofit foundation to solicit amounts for those

2 activities.

3 (4) JURISDICTION OF DISTRICT OF COLUMBIA.—Jurisdiction of

4 Pennsylvania Avenue and all other roadways from curb to curb remains

5 with the District of Columbia but vendors are not permitted to occupy

6 street space except during temporary special events.

7 (d) NATIONAL CAPITAL PLANNING COMMISSION.—The National Capital

8 Planning Commission is responsible for ensuring that development in the

9 Pennsylvania Avenue area is carried out in accordance with the Pennsyl10 vania Avenue Development Corporation Plan—1974.

11 SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

12 § 6711. Definition

13 In this subchapter, the term ‘‘development area’’ means the area to be

14 developed, maintained, and used in accordance with this subchapter and the

15 Pennsylvania Avenue Development Corporation Act of 1972 (Public Law

16 92–578, 86 Stat. 1266) and is the area bounded as follows:

17 Beginning at a point on the southwest corner of the intersection of

18 Fifteenth Street and E Street Northwest;

19 thence proceeding east along the southern side of E Street to the

20 southwest corner of the intersection of Thirteenth Street and Pennsyl21 vania Avenue Northwest;

22 thence southeast along the southern side of Pennsylvania Avenue to

23 a point being the southeast corner of the intersection of Pennsylvania

24 Avenue and Third Street Northwest;

25 thence north along the eastern side of Third Street to the northeast

26 corner of the intersection of C Street and Third Street Northwest;

27 thence west along the northern side of C Street to the northeast cor28 ner of the intersection of C Street and Sixth Street Northwest;

29 thence north along the eastern side of Sixth Street to the northeast

30 corner of the intersection of E Street and Sixth Street Northwest;

31 thence west along the northern side of E Street to the northeast cor32 ner of the intersection of E Street and Seventh Street Northwest;

33 thence north along the eastern side of Seventh Street to the north34 east corner of the intersection of Seventh Street and F Street North35 west;

36 thence west along the northern side of F Street to the northwest cor37 ner of the intersection of F Street and Ninth Street Northwest;

38 thence south along the western side of Ninth Street to the northwest

39 corner of the intersection of Ninth Street and E Street Northwest;

40 thence west along the northern side of E Street to the northeast cor41 ner of the intersection of E Street and Thirteenth Street Northwest;
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1 thence north along the eastern side of Thirteenth Street to the

2 northeast corner of the intersection of F Street and Thirteenth Street

3 Northwest;

4 thence west along the northern side of F Street to the northwest cor5 ner of the intersection of F Street and Fifteenth Street Northwest;

6 thence north along the western side of Fifteenth Street to the north7 west corner of the intersection of Pennsylvania Avenue and Fifteenth

8 Street Northwest;

9 thence west along the southern side of Pennsylvania Avenue to the

10 southeast corner of the intersection of Pennsylvania Avenue and East

11 Executive Avenue Northwest;

12 thence south along the eastern side of East Executive Avenue to the

13 intersection of South Executive Place and E Street Northwest;

14 thence east along the southern side of E Street to the point of begin15 ning.

16 § 6712. Powers of other agencies and instrumentalities in

17 the development area

18 This subchapter and the Pennsylvania Avenue Development Corporation

19 Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other

20 agencies or instrumentalities of the Federal Government or of the District

21 of Columbia from exercising any lawful powers in the development area con22 sistent with the development plan described in section 5(a) of the Act (86

23 Stat. 1269) or the provisions and purposes of this subchapter and the Act.

24 However, the agency or instrumentality shall not release, modify, or depart

25 from any feature or detail of the development plan without the prior ap26 proval of the Administrator of General Services.

27 § 6713. Certification of new construction

28 New construction (including substantial remodeling, conversion, rebuild29 ing, enlargement, extension, or major structural improvement of existing

30 building, but not including ordinary maintenance or remodeling or changes

31 necessary to continue occupancy) shall not be authorized or conducted with32 in the development area except on prior certification by the Administrator

33 of General Services that the construction is, or may reasonably be expected

34 to be, consistent with the carrying out of the development plan described

35 in section 5(a) of the Pennsylvania Avenue Development Corporation Act

36 of 1972 (Public Law 92–578, 86 Stat. 1269).

37 § 6714. Relocation services

38 (a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator

39 of General Services may use the services of the District of Columbia govern40 ment in the administration of a relocation program pursuant to the Uniform

41 Relocation Assistance and Real Property Acquisition Policies Act of 1970
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1 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the govern2 ment for the cost of the services.

3 (b) COORDINATION OF RELOCATION PROGRAMS.—All relocation services

4 performed by or on behalf of the Administrator shall be coordinated with

5 the District of Columbia’s central relocation programs.

6 (c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.—An

7 owner or tenant of real property whose residence or business is terminated

8 as a result of acquisitions made pursuant to this subchapter or the Pennsyl9 vania Avenue Development Corporation Act of 1972 (Public Law 92–578,

10 86 Stat. 1266) shall be granted a preferential right to lease or purchase

11 from the Administrator similar real property as may become available for

12 a similar use. The preferential right is limited to the parties in interest and

13 is not transferable or assignable.

14 § 6715. Coordination with District of Columbia

15 (a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying out

16 the purposes of this subchapter and the Pennsylvania Avenue Development

17 Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Adminis18 trator of General Services shall—

19 (1) consult and cooperate with District of Columbia officials and

20 community leaders at the earliest practicable time;

21 (2) give primary consideration to local needs and desires and to local

22 and regional goals and policies as expressed in urban renewal, commu23 nity renewal, and comprehensive land use plans and regional plans; and

24 (3) foster local initiative and participation in connection with the

25 planning and development of projects.

26 (b) COMPLIANCE WITH LOCAL REQUIREMENTS.—To the extent the Ad27 ministrator constructs, rehabilitates, alters, or improves any project under

28 this subchapter, the Administrator shall comply with all District of Colum29 bia laws, ordinances, codes, and regulations. Section 8722(d) of this title

30 applies to all construction, rehabilitation, alteration, and improvement of all

31 buildings by the Administrator under this subchapter. Construction, reha32 bilitation, alteration, and improvement of any project by non-Federal Gov33 ernment sources is subject to the District of Columbia Official Code and

34 zoning regulations.

35 § 6716. Reports

36 (a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator of

37 General Services shall transmit comprehensive and detailed reports of the

38 Administrator’s operations, activities, and accomplishments under this sub39 chapter to the President and Congress. The Administrator shall transmit a

40 report to the President each January and to the President and Congress

41 at other times that the Administrator considers desirable.
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1 (b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC AND

2 ARCHITECTURAL VALUES.—A report under subsection (a) shall include a

3 detailed discussion of the actions the Administrator has taken in the report4 ing period to protect and enhance the significant historic and architectural

5 values of structures within the boundaries of the Administrator’s jurisdic6 tion under this subchapter and shall indicate similar actions the Adminis7 trator plans to take and issues the Administrator anticipates dealing with

8 during the upcoming fiscal year related to historic and architectural preser9 vation. The report shall indicate the degree to which public concern has

10 been considered and incorporated into decisions the Administrator made rel11 ative to historic and architectural preservation.

12 SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

13 § 6731. Definitions

14 In this subchapter—

15 (1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal

16 Triangle development area’’ means the area bounded as follows:

17 Beginning at a point on the southwest corner of the intersection

18 of Fourteenth Street and Pennsylvania Avenue (formerly E

19 Street), Northwest;

20 thence south along the western side of Fourteenth Street to the

21 northwest corner of the intersection of Fourteenth Street and Con22 stitution Avenue, Northwest;

23 thence east along the northern side of Constitution Avenue to

24 the northeast corner of the intersection of Twelfth Street and Con25 stitution Avenue, Northwest;

26 thence north along the eastern side of Twelfth Street and Con27 stitution Avenue, Northwest;

28 thence north along the eastern side of Twelfth Street to the

29 southeast corner of the intersection of Twelfth Street and Pennsyl30 vania Avenue, Northwest;

31 thence west along the southern side of Pennsylvania Avenue to

32 the point of beginning.

33 (2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle

34 property’’ means—

35 (A) the property owned by the Federal Government in the Dis36 trict of Columbia, known as the ‘‘Great Plaza’’ site, which consists

37 of squares 256, 257, 258, parts of squares 259 and 260, and adja38 cent closed rights-of-way as shown on plate IV of the King Plats

39 of 1803 located in the Office of the Surveyor of the District of

40 Columbia; and
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1 (B) except for purposes of section 6733(a) of this title, any

2 property the Pennsylvania Avenue Development Corporation ac3 quired under section 3(b) of the Federal Triangle Development

4 Act (Public Law 100–113, 101 Stat. 736).

5 § 6732. Federal Triangle development area

6 The Federal Triangle development area is deemed to be part of the devel7 opment area described in section 6711 of this title. The Administrator of

8 General Services has the same authority over the Federal Triangle develop9 ment area as over the development area described in section 6711.

10 § 6733. Federal Triangle property

11 (a) TITLE.—Title to the Federal Triangle property reverts to the Admin12 istrator of General Services not later than the date on which ownership of

13 the Ronald Reagan Building and International Trade Center vests in the

14 Federal Government.

15 (b) NONAPPLICABILITY OF CERTAIN LAWS.—

16 (1) BUILDING PERMITS AND INSPECTION.—For purposes of develop17 ment of the Federal Triangle property, the person selected to develop

18 the property is not subject to any state or local law relating to building

19 permits and inspection.

20 (2) TAXES AND ASSESSMENTS.—The property and improvements to

21 the property are not subject to real and personal property taxation or

22 to special assessments.

23 § 6734. Ronald Reagan Building and International Trade

24 Center

25 (a) ESTABLISHMENT AND DESIGNATION.—The building constructed on

26 the Federal Triangle property shall be known and designated as the Ronald

27 Reagan Building and International Trade Center.

28 (b) TITLE.—The person selected to develop the Federal Triangle property

29 may own the Building for not more than 35 years from the date construc30 tion of the Building began. The title to the Building shall be in the Admin31 istrator of General Services from the date title to the Federal Triangle prop32 erty reverts to the Administrator.

33 (c) LIMITATIONS.—

34 (1) SIZE OF BUILDING.—The Building (including parking facilities)

35 may not exceed 3,100,000 gross square feet in size.

36 (2) HEIGHT OF BUILDING.—The height of the Building shall be

37 compatible with the height of surrounding Federal Government build38 ings.

39 (3) DESIGN.—The Building shall—

40 (A) be designed in harmony with historical and Government

41 buildings in the vicinity;
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1 (B) reflect the symbolic importance and historic character of

2 Pennsylvania Avenue and the Nation’s Capital; and

3 (C) represent the dignity and stability of the Government.

4 (d) CONSTRUCTION STANDARDS.—The Building shall meet all standards

5 applicable to construction of a federal building.

6 (e) ACCOUNTING SYSTEM.—The Administrator shall maintain an ac7 counting system for operation and maintenance of the Building which will

8 allow accurate projections of the dates and cost of major repairs, improve9 ments, reconstructions, and replacements of the Building and other capital

10 expenditures on the Building. The Administrator shall act as necessary to

11 ensure that amounts are available to cover the projected cost and expendi12 tures.

13 (f) LEASE OF BUILDING.—

14 (1) LEASE AGREEMENT.—Under an agreement with the person se15 lected to construct the Ronald Reagan Building and International

16 Trade Center, the Administrator shall lease the Building for federal of17 fice space and the international cultural and trade center space.

18 (2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agree19 ment includes at a minimum the following:

20 (A) LIMIT ON LENGTH OF LEASE.—The Administrator will lease

21 the Building for the period of time that the person selected to con22 struct the Building owns the Building.

23 (B) RENTAL RATE.—The rental rate per square foot of occupi24 able space for all space in the Building will be in the best interest

25 of the Government and will carry out the objectives of this sub26 chapter and the Federal Triangle Development Act (Public Law

27 100–113, 101 Stat. 735). The aggregate rental rate for all space

28 in the Building shall produce an amount at least equal to the

29 amount necessary to amortize the cost of development of the Fed30 eral Triangle property over the life of the lease.

31 (C) OBLIGATION OF AMOUNTS.—Obligation of amounts from

32 the Federal Building Fund shall only be made on an annual basis

33 to meet lease payments.

34 (3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may be ob35 ligated as described in paragraph (2)(C).

36 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.

6904. Acquisition, maintenance, and use of property.

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

1 SUBCHAPTER I—UNION STATION COMPLEX

2 § 6901. Definition

3 In this subchapter, the term ‘‘Union Station complex’’ means real prop4 erty, air rights, and improvements the Secretary of the Interior leased under

5 sections 101–110 of the National Visitors Center Facilities Act of 1968

6 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements

7 made in accordance with this subchapter.

8 § 6902. Assignment of right, title, and interest in the Union

9 Station complex to the Secretary of Transpor10 tation

11 The Secretary of Transportation has the right, title, and interest in and

12 to the Union Station complex, including all agreements and leases made

13 under sections 101–110 of the National Visitors Center Facilities Act of

14 1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of

15 Transportation and the Secretary of the Interior agree, the Secretary of the

16 Interior may lease space for visitor services.

17 § 6903. Agreements and contracts

18 The Secretary of Transportation may make agreements and contracts, ex19 cept an agreement or contract to sell property rights at the Union Station

20 complex, with a person, a federal, regional, or local agency, or the Architect

21 of the Capitol that the Secretary considers necessary or desirable to carry

22 out the purposes of this subchapter.

23 § 6904. Acquisition, maintenance, and use of property

24 (a) ACQUISITION.—The Secretary of Transportation may acquire for the

25 Federal Government an interest in real property (including easements or

26 reservations) and any other property interest (including contract rights) in

27 or relating or adjacent to the Union Station complex that the Secretary con28 siders necessary to carry out the purposes of this subchapter.

29 (b) MAINTENANCE AND USE.—The Secretary may maintain, use, operate,

30 manage, and lease, either directly, by contract, or through development

31 agreements, any property interest the Secretary holds or acquires for the

32 Government under this subchapter in the manner and subject to the terms,

33 conditions, covenants, and easements that the Secretary considers necessary

34 or desirable to carry out the purposes of this subchapter.
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1 § 6905. Service on board of directors of Union Station Rede2 velopment Corporation

3 To further the rehabilitation, redevelopment, and operation of the Union

4 Station complex, the Secretary of Transportation and the Administrator of

5 the Federal Railroad Administration may serve as ex officio members of the

6 board of directors of the Union Station Redevelopment Corporation.

7 § 6906. Union Station Fund

8 (a) ESTABLISHMENT.—There is a special deposit account in the Treasury

9 known as the ‘‘Union Station Fund’’, which shall be administered as a re10 volving fund.

11 (b) CONTENT.—The account shall be credited with receipts of the Sec12 retary of Transportation from activities authorized by this subchapter.

13 (c) USE OF AMOUNTS.—The Secretary may use income and proceeds re14 ceived from activities authorized by this subchapter, including operating and

15 leasing income and payments made to the Federal Government under devel16 opment agreements, to pay expenses the Secretary incurs in carrying out

17 the purposes of this subchapter, including construction, acquisition, leasing,

18 operation, and maintenance expenses and payments made to developers

19 under development agreements.

20 (d) AVAILABILITY OF AMOUNTS.—The balance in the account is available

21 in amounts specified in annual appropriation laws for making expenditures

22 authorized by this subchapter.

23 § 6907. Use of other appropriated amounts

24 (a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of Trans25 portation may use amounts appropriated under section 24909(a)(2)(A) of

26 title 49 to carry out the purposes of this subchapter.

27 (b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated

28 under section 24909 of title 49 may not be used for design, construction,

29 or operation of a heliport at or near Union Station.

30 § 6908. Parking facility

31 (a) TITLE.—The Federal Government has the right, title, and interest in

32 and to the parking facility at Union Station.

33 (b) FEES.—The rate of fees charged for use of the facility may exceed

34 the rate required for maintenance and operation of the facility. The rate

35 shall be established in a manner that encourages use of the facility by rail

36 passengers and participants in activities in the Union Station complex and

37 area.

38 § 6909. Supplying steam or chilled water to Union Station

39 complex

40 The Architect of the Capitol may make agreements with the Secretary of

41 Transportation to furnish steam, chilled water, or both from the Capitol
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1 Power Plant to the Union Station complex, at no expense to the legislative

2 branch.

3 § 6910. Authorization of appropriations

4 Amounts necessary to meet lease and other obligations, including mainte5 nance requirements, incurred by the Secretary of the Interior and assigned

6 to the Secretary of Transportation under this subchapter may be appro7 priated to the Secretary of Transportation.

8 SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY

9 COMMISSION

10 § 6921. Establishment, composition, and meetings

11 (a) ESTABLISHMENT.—There is a National Visitor Facilities Advisory

12 Commission.

13 (b) COMPOSITION.—

14 (1) MEMBERSHIP.—The Commission is composed of—

15 (A) the Secretary of the Interior;

16 (B) the Administrator of General Services;

17 (C) the Secretary of the Smithsonian Institution;

18 (D) the Chairman of the National Capital Planning Commis19 sion;

20 (E) the Chairman of the Commission of Fine Arts;

21 (F) six Members of the Senate, three from each party, to be ap22 pointed by the President of the Senate;

23 (G) six Members of the House of Representatives, three from

24 each party, to be appointed by the Speaker of the House of Rep25 resentatives; and

26 (H) three individuals appointed by the President, at least two

27 of whom shall not be officers of the Federal Government, and one

28 member of whom shall be a representative of the District of Co29 lumbia government.

30 (2) CHAIRMAN.—The Secretary of the Interior serves as the Chair31 man of the Commission.

32 (3) SERVICE OF NON-FEDERAL MEMBERS.—Non-federal members

33 serve at the pleasure of the President.

34 (c) MEETINGS.—The Commission shall meet at the call of the Chairman.

35 § 6922. Duties

36 (a) IN GENERAL.—The National Visitor Facilities Advisory Commission

37 shall—

38 (1) conduct continuing investigations and studies of sites and plans

39 to provide additional facilities and services for visitors and students

40 coming to the Nation’s Capital; and
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1 (2) advise the Secretary of the Interior and the Administrator of

2 General Services on the planning, construction, acquisition, and oper3 ation of those visitor facilities.

4 (b) STAFF AND FACILITIES.—The Director of the National Park Service,

5 in consultation with the Administrator, shall provide the necessary staff and

6 facilities to assist the Commission in carrying out its duties under this sub7 chapter.

8 § 6923. Compensation and expenses

9 Members of the National Visitor Facilities Advisory Commission who are

10 not officers or employees of the Federal Government or the government of

11 the District of Columbia are entitled to receive compensation under section

12 3109 of title 5 and expenses under section 5703 of title 5.

13 § 6924. Reports and recommendations

14 The National Visitor Facilities Advisory Commission shall report to the

15 Secretary of the Interior and the Administrator of General Services the re16 sults of its studies and investigations. A report recommending additional fa17 cilities for visitors shall include the Commission’s recommendations as to

18 sites for the facilities to be provided, preliminary plans, specifications, and

19 architectural drawings for the facilities, and the estimated cost of the rec20 ommended sites and facilities.

21 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS

22 IN THE DISTRICT OF COLUMBIA

23 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.
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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.

1 SUBCHAPTER I—GENERAL

2 § 8101. Supervision of public buildings and grounds in Dis3 trict of Columbia not otherwise provided for by

4 law

5 (a) IN GENERAL.—Under regulations the President prescribes, the Ad6 ministrator of General Services shall have charge of the public buildings and

7 grounds in the District of Columbia, except those buildings and grounds

8 which otherwise are provided for by law.

9 (b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or the of10 ficer under the direction of the Administrator who is in immediate charge

11 of those public buildings and grounds, decides that an individual is unlaw12 fully occupying any part of that public land, the Administrator or officer

13 in charge shall notify the United States marshal for the District of Colum14 bia in writing of the unlawful occupation.

15 (c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser

16 ejected from the public land and shall restore possession of the land to the

17 officer charged by law with the custody of the land.

18 § 8102. Protection of Federal Government buildings in Dis19 trict of Columbia

20 The Attorney General and the Secretary of the Treasury may prohibit—

21 (1) a vehicle from parking or standing on a street or roadway adja22 cent to a building in the District of Columbia—

23 (A) at least partly owned or possessed by, or leased to, the Fed24 eral Government; and

25 (B) used by law enforcement authorities subject to their juris26 diction; and

27 (2) a person or entity from conducting business on property imme28 diately adjacent to a building described in paragraph (1).

29 § 8103. Application of District of Columbia laws to public

30 buildings and grounds

31 (a) APPLICATION OF LAWS.—Laws and regulations of the District of Co32 lumbia for the protection of public or private property and the preservation

33 of peace and order are extended to all public buildings and public grounds

34 belonging to the Federal Government in the District of Columbia.

35 (b) PENALTIES.—A person shall be fined under title 18, imprisoned for

36 not more than six months, or both if the person—
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1 (1) is guilty of disorderly and unlawful conduct in or about those

2 public buildings or public grounds;

3 (2) willfully injures the buildings or shrubs;

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

5 enclosure;

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

7 or

8 (5) removes any stone, gravel, sand, or other property of the Govern9 ment, or any other part of the public grounds or lots belonging to the

10 Government in the District of Columbia.

11 § 8104. Regulation of private and semipublic buildings adja12 cent to public buildings and grounds

13 (a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con14 stitution respecting the establishment of the seat of the National Govern15 ment, the duties it imposed on Congress in connection with establishing the

16 seat of the National Government, and the solicitude shown and the efforts

17 exerted by President Washington in the planning and development of the

18 Capital City, the development should proceed along the lines of good order,

19 good taste, and with due regard to the public interests involved, and a rea20 sonable degree of control should be exercised over the architecture of private

21 or semipublic buildings adjacent to public buildings and grounds of major

22 importance.

23 (b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The

24 Mayor of the District of Columbia shall submit to the Commission on Fine

25 Arts an application for a permit to erect or alter any building, a part of

26 which fronts or abuts on the grounds of the Capitol, the grounds of the

27 White House, the part of Pennsylvania Avenue extending from the Capitol

28 to the White House, Lafayette Park, Rock Creek Park, the Zoological Park,

29 the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park

30 System and public buildings adjacent to the System, or abuts on any street

31 bordering any of those grounds or parks, so far as the plans relate to height

32 and appearance, color, and texture of the materials of exterior construction.

33 (c) REPORT TO MAYOR.—The Commission shall report promptly its rec34 ommendations to the Mayor, including any changes the Commission decides

35 are necessary to prevent reasonably avoidable impairment of the public val36 ues belonging to the public building or park. If the Commission fails to re37 port its approval or disapproval of a plan within 30 days, the report is

38 deemed approved and a permit may be issued.

39 (d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de40 cides is necessary to effect reasonable compliance with the recommendation

41 under subsection (c).
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1 § 8105. Approval by Administrator of General Services

2 Subject to applicable provisions of existing law relating to the functions

3 in the District of Columbia of the National Capital Planning Commission

4 and the Commission of Fine Arts, only the Administrator of General Serv5 ices is required to approve sketches, plans, and estimates for buildings to

6 be constructed by the Administrator, except that the Administrator and the

7 United States Postal Service must approve buildings designed for post-office

8 purposes.

9 § 8106. Buildings on reservations, parks, or public grounds

10 A building or structure shall not be erected on any reservation, park, or

11 public grounds of the Federal Government in the District of Columbia with12 out express authority of Congress.

13 § 8107. Advertisements and sales in or around Washington

14 Monument

15 Except on the written authority of the Director of the National Park

16 Service, advertisements of any kind shall not be displayed, and articles of

17 any kind shall not be sold, in or around the Washington Monument.

18 § 8108. Use of public buildings for public ceremonies

19 Except as expressly authorized by law, public buildings in the District of

20 Columbia (other than the Capitol Building and the White House), and the

21 approaches to those public buildings, shall not be used or occupied in con22 nection with ceremonies for the inauguration of the President or other pub23 lic functions.

24 SUBCHAPTER II—JURISDICTION

25 § 8121. Improper appropriation of streets

26 (a) AUTHORITY.—The Secretary of the Interior shall—

27 (1) prevent the improper appropriation or occupation of any public

28 street, avenue, square, or reservation in the District of Columbia that

29 belongs to the Federal Government;

30 (2) reclaim the street, avenue, square, or reservation if unlawfully

31 appropriated;

32 (3) prevent the erection of any permanent building on property re33 served to or for the use of the Government, unless plainly authorized

34 by law; and

35 (4) report to Congress at the beginning of each session on the Sec36 retary’s proceedings in the premises, together with a full statement of

37 all property described in this subsection, and how, and by what author38 ity, the property is occupied or claimed.

39 (b) APPLICATION.—This section does not interfere with the temporary

40 and proper occupation of any part of the property described in subsection

41 (a), by lawful authority, for the legitimate purposes of the Government.
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1 § 8122. Jurisdiction over portion of Constitution Avenue

2 The Director of the National Park Service has jurisdiction over that part

3 of Constitution Avenue west of Virginia Avenue that was under the control

4 of the Commissioners of the District of Columbia prior to May 27, 1908.

5 § 8123. Record of transfer of jurisdiction between Director

6 of National Park Service and Mayor of District of

7 Columbia

8 When in accordance with law or mutual legal agreement, spaces or por9 tions of public land are transferred between the jurisdiction of the Director

10 of the National Park Service, as established by the Act of July 1, 1898 (ch.

11 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters

12 of transfer and acceptance exchanged between them are sufficient authority

13 for the necessary change in the official maps and for record when necessary.

14 § 8124. Transfer of jurisdiction between Federal and District

15 of Columbia authorities

16 (a) TRANSFER OF JURISDICTION.—Federal and District of Columbia au17 thorities administering properties in the District that are owned by the Fed18 eral Government or by the District may transfer jurisdiction over any part

19 of the property among or between themselves for purposes of administration

20 and maintenance under conditions the parties agree on. The National Cap21 ital Planning Commission shall recommend the transfer before it is com22 pleted.

23 (b) REPORT TO CONGRESS.—The District authorities shall report all

24 transfers and agreements to Congress.

25 (c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any

26 law in effect on May 20, 1932, which authorized the transfer of jurisdiction

27 of certain land among and between federal and District authorities.

28 § 8125. Public spaces resulting from filling of canals

29 The Director of the National Park Service has jurisdiction over all public

30 spaces resulting from the filling of canals in the original city of Washington

31 that were not under the jurisdiction of the Chief of Engineers of the United

32 States Army as of August 1, 1914, except spaces included in the navy yard

33 or in actual use as roadways and sidewalks and spaces assigned by law to

34 the District of Columbia for use as a property yard and the location of a

35 sewage pumping station. The spaces shall be laid out as reservations as a

36 part of the park system of the District of Columbia.

37 § 8126. Temporary occupancy of Potomac Park by Secretary

38 of Agriculture

39 (a) NOT MORE THAN 75 ACRES.—The Director of the National Park

40 Service may allow the Secretary of Agriculture to temporarily occupy as a

41 testing ground not more than 75 acres of Potomac Park not needed in any
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1 one season for reclamation or park improvement. The Secretary shall vacate

2 the area at the close of any season on the request of the Director.

3 (b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does

4 not change the essential character of the land used, which shall continue

5 to be a public park under the charge of the Director.

6 § 8127. Part of Washington Aqueduct for playground pur7 poses

8 (a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia

9 has possession, control, and jurisdiction of the land of the Washington Aq10 ueduct adjacent to the Champlain Avenue pumping station and lying outside

11 of the fence around the pumping station as it—

12 (1) existed on August 31, 1918; and

13 (2) was transferred by the Chief of Engineers for playground pur14 poses.

15 (b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This

16 section does not affect the superintendence and control of the Secretary of

17 the Army over the Washington Aqueduct and the rights, appurtenances, and

18 fixtures connected with the Aqueduct.

19 SUBCHAPTER III—SERVICES FOR FACILITIES

20 § 8141. Contract to rent buildings in the District of Colum21 bia not to be made until appropriation enacted

22 A contract shall not be made for the rent of a building, or part of a build23 ing, to be used for the purposes of the Federal Government in the District

24 of Columbia until Congress enacts an appropriation for the rent. This sec25 tion is deemed to be notice to all contractors or lessors of the building or

26 a part of the building.

27 § 8142. Rent of other buildings

28 An executive department of the Federal Government renting a building

29 for public use in the District of Columbia may rent a different building in30 stead if it is in the public interest to do so. This section does not authorize

31 an increase in the number of buildings in use or in the amount paid for

32 rent.

33 § 8143. Heat

34 (a) CORCORAN GALLERY OF ART.—The Administrator of General Serv35 ices may furnish heat from the central heating plant to the Corcoran Gal36 lery of Art, if the Corcoran Gallery of Art agrees to—

37 (1) pay for heat furnished at rates the Administrator determines;

38 and

39 (2) connect the building with the Federal Government mains in a

40 manner satisfactory to the Administrator.
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1 (b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The

2 Administrator may furnish steam from the central heating plant for the use

3 of the Board of Governors of the Federal Reserve System on the property

4 which the Board acquired in squares east of 87 and east of 88 in the Dis5 trict of Columbia if the Board agrees to—

6 (1) pay for the steam furnished at reasonable rates the Adminis7 trator determines but that are at least equal to cost; and

8 (2) provide the necessary connections with the Government mains at

9 its own expense and in a manner satisfactory to the Administrator.

10 (c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall deter11 mine the rates to be paid for steam furnished to the Corcoran Gallery of

12 Art, the Pan American Union Buildings, the American Red Cross Buildings,

13 and other non-federal public buildings authorized to receive steam from the

14 central heating plant.

15 § 8144. Delivery of fuel for use during ensuing fiscal year

16 During April, May, and June of each year, the Administrator of General

17 Services may deliver to all branches of the Federal Government and the gov18 ernment of the District of Columbia as much fuel for their use during the

19 following fiscal year as may be practicable to store at the points of con20 sumption. The branches of the Federal Government and the government of

21 the District of Columbia shall pay for the fuel from their applicable appro22 priations for that fiscal year.

23 SUBCHAPTER IV—MISCELLANEOUS

24 § 8161. Reservation of parking spaces for Members of Con25 gress

26 The Council of the District of Columbia shall designate, reserve, and

27 properly mark appropriate and sufficient parking spaces on the streets adja28 cent to all public buildings in the District for the use of Members of Con29 gress engaged in public business.

30 § 8162. Ailanthus trees prohibited

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

32 grounds.

33 § 8163. Use of greenhouses and nursery for trees, shrubs,

34 and plants

35 The greenhouses and nursery shall be used only for the propagation of

36 trees, shrubs, and plants suitable for planting in the public reservations.

37 Only those trees, shrubs, and plants shall be planted in the public reserva38 tions.

39 § 8164. E. Barrett Prettyman United States Courthouse

40 (a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte41 nance, and repair of the E. Barrett Prettyman United States Courthouse,
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1 used by the United States Court of Appeals for the District of Columbia

2 and the United States District Court for the District of Columbia, is under

3 the control of the Administrator of General Services.

4 (b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse

5 is vested in the chief judge of the United States Court of Appeals for the

6 District of Columbia and the chief judge of the United States District Court

7 for the District of Columbia.

8 § 8165. Services for Office of Personnel Management

9 For carrying out the work of the Director of the Office of Personnel Man10 agement and the examinations provided for in sections 3304 and 3305 of

11 title 5, the Administrator of General Services shall—

12 (1) assign or provide suitable and convenient rooms and accommoda13 tions, which are furnished, heated, and lighted, in Washington, D.C.;

14 (2) supply necessary stationery and other articles; and

15 (3) arrange for or provide necessary printing.

16 CHAPTER 83—WASHINGTON METROPOLITAN REGION

17 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.

18 § 8301. Definition

19 In this chapter, the term ‘‘Washington metropolitan region’’ includes the

20 District of Columbia, the counties of Montgomery and Prince Georges in

21 Maryland, and the counties of Arlington and Fairfax and the cities of Alex22 andria and Falls Church in Virginia.

23 § 8302. Necessity for coordination in the development of the

24 Washington metropolitan region

25 Because the District of Columbia is the seat of the Federal Government

26 and has become the urban center of a rapidly expanding Washington metro27 politan region, the necessity for the continued and effective performance of

28 the functions of the Government in the District of Columbia, the general

29 welfare of the District of Columbia, the health and living standards of the

30 people residing or working in the District of Columbia, and the conduct of

31 industry, trade, and commerce in the District of Columbia require that to

32 the fullest extent possible the development of the District of Columbia and

33 the management of its public affairs, and the activities of the departments,

34 agencies, and instrumentalities of the Government which may be carried out

35 in, or in relation to, the other areas of the Washington metropolitan region,

36 shall be coordinated with the development of those other areas and with the

37 management of their public affairs so that, with the cooperation and assist38 ance of those other areas, all of the areas in the Washington metropolitan
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1 area shall be developed and their public affairs shall be managed so as to

2 contribute effectively toward the solution of the community development

3 problems of the Washington metropolitan region on a unified metropolitan

4 basis.

5 § 8303. Declaration of policy of coordinated development

6 and management

7 The policy to be followed for the attainment of the objective established

8 by section 8302 of this title, and for the more effective exercise by Congress,

9 the executive branch of the Federal Government, the Mayor of the District

10 of Columbia, and all other officers, agencies, and instrumentalities of the

11 District of Columbia of their respective functions, powers, and duties in re12 spect of the Washington metropolitan region, shall be that the functions,

13 powers, and duties shall be exercised and carried out in a manner that (with

14 proper recognition of the sovereignty of Maryland and Virginia in respect

15 of those areas of the Washington metropolitan region that are located within

16 their respective jurisdictions) will best facilitate the attainment of the co17 ordinated development of the areas of the Washington metropolitan area

18 and the coordinated management of their public affairs so as to contribute

19 effectively to the solution of the community development problems of the

20 Washington metropolitan region on a unified metropolitan basis.

21 § 8304. Priority projects

22 In carrying out the policy pursuant to section 8303 of this title for the

23 attainment of the objective established by section 8302 of this title, priority

24 should be given to the solution, on a unified metropolitan basis, of the prob25 lems of water supply, sewage disposal, and water pollution and transpor26 tation.

27 CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND

28 DIRECTOR

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

29 § 8501. National Capital Service Area

30 (a) ESTABLISHMENT.—

31 (1) BOUNDARIES.—The National Capital Service Area is in the Dis32 trict of Columbia and includes the principal federal monuments, the

33 White House, the Capitol Building, the United States Supreme Court

34 Building, and the federal executive, legislative, and judicial office build35 ings located adjacent to the Mall and the Capitol Building, and is more

36 particularly described as the area bounded as follows:

37 Beginning at that point on the present Virginia-District of Co38 lumbia boundary due west of the northernmost point of Theodore
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1 Roosevelt Island and running due east to the eastern shore of the

2 Potomac River;

3 thence generally south along the shore at the mean high water

4 mark to the northwest corner of the Kennedy Center;

5 thence east along the northern side of the Kennedy Center to

6 a point where it reaches the E Street Expressway;

7 thence east on the expressway to E Street Northwest and

8 thence east on E Street Northwest to Eighteenth Street North9 west;

10 thence south on Eighteenth Street Northwest to Constitution

11 Avenue Northwest;

12 thence east on Constitution Avenue to Seventeenth Street

13 Northwest;

14 thence north on Seventeenth Street Northwest to Pennsylvania

15 Avenue Northwest;

16 thence east on Pennsylvania Avenue to Jackson Place North17 west;

18 thence north on Jackson Place to H Street Northwest;

19 thence east on H Street Northwest to Madison Place Northwest;

20 thence south on Madison Place Northwest to Pennsylvania Ave21 nue Northwest;

22 thence east on Pennsylvania Avenue Northwest to Fifteenth

23 Street Northwest;

24 thence south on Fifteenth Street Northwest to Pennsylvania Av25 enue Northwest;

26 thence southeast on Pennsylvania Avenue Northwest to John

27 Marshall Place Northwest;

28 thence north on John Marshall Place Northwest to C Street

29 Northwest;

30 thence east on C Street Northwest to Third Street Northwest;

31 thence north on Third Street Northwest to D Street Northwest;

32 thence east on D Street Northwest to Second Street Northwest;

33 thence south on Second Street Northwest to the intersection of

34 Constitution Avenue Northwest and Louisiana Avenue Northwest;

35 thence northeast on Louisiana Avenue Northwest to North Cap36 itol Street;

37 thence north on North Capitol Street to Massachusetts Avenue

38 Northwest;

39 thence southeast on Massachusetts Avenue Northwest so as to

40 encompass Union Square;

41 thence following Union Square to F Street Northeast;
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1 thence east on F Street Northeast to Second Street Northeast;

2 thence south on Second Street Northeast to D Street Northeast;

3 thence west on D Street Northeast to First Street Northeast;

4 thence south on First Street Northeast to Maryland Avenue

5 Northeast;

6 thence generally north and east on Maryland Avenue to Second

7 Street Northeast;

8 thence south on Second Street Northeast to C Street Southeast;

9 thence west on C Street Southeast to New Jersey Avenue

10 Southeast;

11 thence south on New Jersey Avenue Southeast to D Street

12 Southeast;

13 thence west on D Street Southeast to Canal Street Parkway;

14 thence southeast on Canal Street Parkway to E Street South15 east;

16 thence west on E Street Southeast to the intersection of Wash17 ington Avenue Southwest and South Capitol Street;

18 thence northwest on Washington Avenue Southwest to Second

19 Street Southwest;

20 thence south on Second Street Southwest to Virginia Avenue

21 Southwest;

22 thence generally west on Virginia Avenue to Third Street South23 west;

24 thence north on Third Street Southwest to C Street Southwest;

25 thence west on C Street Southwest to Sixth Street Southwest;

26 thence north on Sixth Street Southwest to Independence Ave27 nue;

28 thence west on Independence Avenue to Twelfth Street South29 west;

30 thence south on Twelfth Street Southwest to D Street South31 west;

32 thence west on D Street Southwest to Fourteenth Street South33 west;

34 thence south on Fourteenth Street Southwest to the middle of

35 the Washington Channel;

36 thence generally south and east along the mid-channel of the

37 Washington Channel to a point due west of the northern boundary

38 line of Fort Lesley McNair;

39 thence due east to the side of the Washington Channel;

40 thence following generally south and east along the side of the

41 Washington Channel at the mean high water mark, to the point
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1 of confluence with the Anacostia River, and along the northern

2 shore at the mean high water mark to the northern most point

3 of the Eleventh Street Bridge;

4 thence generally south and east along the northern side of the

5 Eleventh Street Bridge to the eastern shore of the Anacostia

6 River;

7 thence generally south and west along such shore at the mean

8 high water mark to the point of confluence of the Anacostia and

9 Potomac Rivers;

10 thence generally south along the eastern shore at the mean high

11 water mark of the Potomac River to the point where it meets the

12 present southeastern boundary line of the District of Columbia;

13 thence south and west along such southeastern boundary line to

14 the point where it meets the present Virginia-District of Columbia

15 boundary;

16 thence generally north and west up the Potomac River along the

17 Virginia-District of Columbia boundary to the point of beginning.

18 (2) STREETS AND SIDEWALKS INCLUDED.—Where the area in para19 graph (1) is bounded by a street, the street, and any sidewalk of the

20 street, are included in the area.

21 (3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA

22 DEEMED TO BE IN THE AREA.—Federal real property that on Decem23 ber 24, 1973, affronted or abutted the area described in paragraph (1)

24 is deemed to be in the area. For the purposes of this paragraph, federal

25 real property affronting or abutting the area described in paragraph

26 (1)—

27 (A) is deemed to include Fort Lesley McNair, the Washington

28 Navy Yard, the Anacostia Naval Annex, the United States Naval

29 Station, Bolling Air Force Base, and the Naval Research Labora30 tory; and

31 (B) does not include any area situated outside of the District

32 of Columbia boundary as it existed immediately prior to December

33 24, 1973, any part of the Anacostia Park situated east of the

34 northern side of the Eleventh Street Bridge, or any part of the

35 Rock Creek Park.

36 (b) APPLICABILITY OF OTHER PROVISIONS.—

37 (1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT

38 AFFECTED.— Except to the extent specifically provided by this section,

39 this section does not—

40 (A) apply to the United States Capitol Buildings and Grounds

41 as defined and described in sections 5101 and 5102, any other
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1 buildings and grounds under the care of the Architect of the Cap2 itol, the Supreme Court Building and grounds as described in sec3 tion 6101 of this title, and the Library of Congress buildings and

4 grounds as defined in section 11 of the Act of August 4, 1950 (2

5 U.S.C. 167j); and

6 (B) repeal, amend, alter, modify, or supersede—

7 (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of

8 the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any

9 other general law of the United States, any law enacted by

10 Congress and applicable exclusively to the District of Colum11 bia, or any rule or regulation prescribed pursuant to any of

12 those provisions, that was in effect on January 1, 1975, and

13 that pertained to those buildings and grounds; or

14 (ii) any authority which existed on December 24, 1973,

15 with respect to those buildings and grounds and was vested

16 on January 1, 1975, in the Senate, the House of Representa17 tives, Congress, any committee, commission, or board of the

18 Senate, the House of Representatives, or Congress, the Archi19 tect of the Capitol or any other officer of the legislative

20 branch, the Chief Justice of the United States, the Marshal

21 of the Supreme Court, or the Librarian of Congress.

22 (2) CONTINUED APPLICATION OF LAWS, REGULATIONS, AND

23 RULES.—Except to the extent otherwise specifically provided in this

24 section, all general laws of the United States and all laws enacted by

25 the Congress and applicable exclusively to the District of Columbia, in26 cluding regulations and rules prescribed pursuant to any of those laws,

27 that were in effect on January 1, 1975, and which applied to and in

28 the areas included in the National Capital Service Area pursuant to

29 this section continue to be applicable to and in the National Capital

30 Service Area in the same manner and to the same extent as if this sec31 tion had not been enacted and remain applicable until repealed, amend32 ed, altered, modified, or superseded.

33 (c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,

34 any service or facility authorized by the District of Columbia Home Rule

35 Act (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (includ36 ing maintenance of streets and highways, and services under section 1537

37 of title 31) shall be made available to the Senate, the House of Representa38 tives, Congress, any committee, commission, or board of the Senate, the

39 House of Representatives, or Congress, the Architect of the Capitol, any

40 other officer of the legislative branch who on January 1, 1975, was vested

41 with authority over those buildings and grounds, the Chief Justice of the
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1 United States, the Marshal of the Supreme Court, and the Librarian of

2 Congress on their request. If payment would be required for the rendition

3 or furnishing of a similar service or facility to any other federal agency, the

4 recipient, on presentation of proper vouchers and as agreed on by the par5 ties, shall pay for the service or facility in advance or by reimbursement.

6 (d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI7 DENCY.—An individual may not be denied the right to vote or otherwise

8 participate in any manner in any election in the District of Columbia solely

9 because the individual resides in the National Capital Service Area.

10 § 8502. National Capital Service Director

11 (a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive

12 Office of the President the National Capital Service Director who shall be

13 appointed by the President. The Director shall receive compensation at the

14 maximum rate established for level IV of the Executive Schedule under sec15 tion 5314 of title 5.

16 (b) PERSONNEL.—The Director may appoint and fix the rate of com17 pensation of necessary personnel, subject to chapters 33 and 51 and sub18 chapter III of chapter 53 of title 5.

19 (c) DUTIES.—

20 (1) PRESIDENT.—The President, through the Director and using

21 District of Columbia governmental services to the extent practicable,

22 shall ensure that there is provided in the area described in section

23 8501(a) of this title adequate fire protection and sanitation services.

24 (2) DIRECTOR.—Except with respect to that part of the National

25 Capital Service Area comprising the United States Capitol Buildings

26 and Grounds as defined and described in sections 5101 and 5102, the

27 Supreme Court Building and grounds as described in section 6101 of

28 this title, and the Library of Congress buildings and grounds as defined

29 in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Direc30 tor shall ensure that there is provided in the remainder of the area de31 scribed in section 8501(a) of this title adequate police protection and

32 maintenance of streets and highways.

33 CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL

34 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.
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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.

1 SUBCHAPTER I—GENERAL

2 § 8701. Findings and purposes

3 (a) FINDINGS.—Congress finds that—

4 (1) the location of the seat of government in the District of Colum5 bia has brought about the development of a metropolitan region extend6 ing well into adjoining territory in Maryland and Virginia;

7 (2) effective comprehensive planning is necessary on a regional basis

8 and of continuing importance to the federal establishment;

9 (3) the distribution of federal installations throughout the region has

10 been and will continue to be a major influence in determining the ex11 tent and character of development;

12 (4) there is needed a central planning agency for the National Cap13 ital region to coordinate certain developmental activities of the many

14 different agencies of the Federal and District of Columbia Govern15 ments so that those activities may conform with general objectives;

16 (5) there is an increasing mutuality of interest and responsibility be17 tween the various levels of government that calls for coordinate and

18 unified policies in planning both federal and local development in the

19 interest of order and economy;

20 (6) there are developmental problems of an interstate character, the

21 planning of which requires collaboration between federal, state, and

22 local governments in the interest of equity and constructive action; and

23 (7) the instrumentalities and procedures provided in this chapter will

24 aid in providing Congress with information and advice requisite to leg25 islation.

26 (b) PURPOSES.—

27 (1) IN GENERAL.—The purposes of this chapter (except sections

28 8733–8736) are—

29 (A) to secure comprehensive planning for the physical develop30 ment of the National Capital and its environs;

31 (B) to provide for the participation of the appropriate planning

32 agencies of the environs in the planning; and
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1 (C) to establish the agency and procedures requisite to the ad2 ministration of the functions of the Federal and District Govern3 ments related to the planning.

4 (2) OBJECTIVE.—The general objective of this chapter (except sec5 tions 8733–8736) is to enable appropriate agencies to plan for the de6 velopment of the federal establishment at the seat of government in a

7 manner—

8 (A) consistent with the nature and function of the National

9 Capital and with due regard for the rights and prerogatives of the

10 adjoining States and local governments to exercise control appro11 priate to their functions; and

12 (B) which will, in accordance with present and future needs,

13 best promote public health, safety, morals, order, convenience,

14 prosperity, and the general welfare, as well as efficiency and econ15 omy in the process of development.

16 § 8702. Definitions

17 In this chapter—

18 (1) ENVIRONS.—The term ‘‘environs’’ means the territory sur19 rounding the District of Columbia included in the National Capital re20 gion.

21 (2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means the

22 District of Columbia and territory the Federal Government owns in the

23 environs.

24 (3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital re25 gion’’ means—

26 (A) the District of Columbia;

27 (B) Montgomery and Prince Georges Counties in Maryland;

28 (C) Arlington, Fairfax, Loudoun, and Prince William Counties

29 in Virginia; and

30 (D) all cities in Maryland or Virginia in the geographic area

31 bounded by the outer boundaries of the combined area of the

32 counties listed in subparagraphs (B) and (C).

33 (4) PLANNING AGENCY.—The term ‘‘planning agency’’ means any

34 city, county, bi-county, part-county, or regional planning agency au35 thorized under state and local laws to make and adopt comprehensive

36 plans.

37 SUBCHAPTER II—PLANNING AGENCIES

38 § 8711. National Capital Planning Commission

39 (a) ESTABLISHMENT AND PURPOSE.—The National Capital Planning

40 Commission is the central federal planning agency for the Federal Govern41 ment in the National Capital, created to preserve the important historical
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1 and natural features of the National Capital, except for the United States

2 Capitol Buildings and Grounds (as defined and described in sections 5101

3 and 5102), any extension of, or additions to, those Buildings and Grounds,

4 and buildings and grounds under the care of the Architect of the Capitol.

5 (b) COMPOSITION.—

6 (1) MEMBERSHIP.—The National Capital Planning Commission is

7 composed of—

8 (A) ex officio, the Secretary of the Interior, the Secretary of De9 fense, the Administrator of General Services, the Mayor of the

10 District of Columbia, the Chairman of the Council of the District

11 of Columbia, the chairman of the Committee on Governmental Af12 fairs of the Senate, and the chairman of the Committee on Gov13 ernment Reform of the House of Representatives, or an alternate

14 any of those individuals designates; and

15 (B) five citizens with experience in city or regional planning,

16 three of whom shall be appointed by the President and two of

17 whom shall be appointed by the Mayor.

18 (2) RESIDENCY REQUIREMENT.—The citizen members appointed by

19 the Mayor shall be residents of the District of Columbia. Of the three

20 appointed by the President, at least one shall be a resident of Virginia

21 and at least one shall be a resident of Maryland.

22 (3) TERMS.—An individual appointed by the President serves for six

23 years. An individual appointed by the Mayor serves for four years. An

24 individual appointed to fill a vacancy shall be appointed only for the

25 unexpired term of the individual being replaced.

26 (4) PAY AND EXPENSES.—Citizen members are entitled to $100 a

27 day when performing duties vested in the Commission and to reim28 bursement for necessary expenses incurred in performing those duties.

29 (c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair30 man of the National Capital Planning Commission. The Commission may

31 elect from among its members other officers as it considers desirable.

32 (d) PERSONNEL.—The National Capital Planning Commission may em33 ploy a Director, an executive officer, and other technical and administrative

34 personnel as it considers necessary. Without regard to section 3709 of the

35 Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and

36 subchapter III of chapter 53, of title 5, the Commission may employ, by

37 contract or otherwise, the temporary or intermittent (not more than one

38 year) services of city planners, architects, engineers, appraisers, and other

39 experts or organizations of experts, as may be necessary to carry out its

40 functions. The Commission shall fix the rate of compensation so as not to

41 exceed the rate usual for similar services.
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1 (e) PRINCIPAL DUTIES.—The principal duties of the National Capital

2 Planning Commission include—

3 (1) preparing, adopting, and amending a comprehensive plan for the

4 federal activities in the National Capital and making related rec5 ommendations to the appropriate developmental agencies; and

6 (2) serving as the central planning agency for the Government within

7 the National Capital region and reviewing the development programs

8 of the developmental agencies to advise as to consistency with the com9 prehensive plan.

10 (f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na11 tional Capital Planning Commission shall carry out all other functions, pow12 ers, and duties of the National Capital Park and Planning Commission, in13 cluding those formerly vested in the Highway Commission established by the

14 Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested

15 in the National Capital Park Commission by the Act of June 6, 1924 (ch.

16 270, 43 Stat. 463).

17 (g) ESTIMATE.—The National Capital Planning Commission shall submit

18 to the Office of Management and Budget before December 16 of each year

19 its estimate of the total amount to be appropriated for expenditure under

20 this chapter (except sections 8732–8736) during the next fiscal year.

21 (h) FEES.—The National Capital Planning Commission may charge fees

22 to cover the full cost of Geographic Information System products and serv23 ices the Commission supplies. The fees shall be credited to the applicable

24 appropriation account as an offsetting collection and remain available until

25 expended.

26 § 8712. Mayor of the District of Columbia

27 (a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Colum28 bia is the central planning agency for the government of the District of Co29 lumbia in the National Capital and is responsible for coordinating the plan30 ning activities of the District government and for preparing and imple31 menting the District elements of the comprehensive plan for the National

32 Capital, which may include land use elements, urban renewal and redevelop33 ment elements, a multiyear program of public works for the District, and

34 physical, social, economic, transportation, and population elements. The

35 Mayor’s planning responsibility shall not extend to—

36 (1) federal or international projects and developments in the District,

37 as determined by the National Capital Planning Commission; or

38 (2) the United States Capitol Buildings and Grounds as defined and

39 described in sections 5101 and 5102, any extension of, or additions to,

40 those Buildings and Grounds, and buildings and grounds under the

41 care of the Architect of the Capitol.
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1 (b) PARTICIPATION AND CONSULTATION.—In carrying out the respon2 sibilities under this section and section 8721 of this title, the Mayor shall

3 establish procedures for citizen participation in the planning process and for

4 appropriate meaningful consultation with any state or local government or

5 planning agency in the National Capital region affected by any aspect of

6 a comprehensive plan, including amendments, affecting or relating to the

7 District.

8 SUBCHAPTER III—PLANNING PROCESS

9 § 8721. Comprehensive plan for the National Capital

10 (a) PREPARATION AND ADOPTION BY COMMISSION.—The National Cap11 ital Planning Commission shall prepare and adopt a comprehensive, con12 sistent, and coordinated plan for the National Capital. The plan shall in13 clude the Commission’s recommendations or proposals for federal develop14 ments or projects in the environs and District elements of the comprehen15 sive plan, or amendments to the elements, adopted by the Council of the

16 District of Columbia and with respect to which the Commission has not de17 termined a negative impact exists. Those elements or amendments shall be

18 incorporated into the comprehensive plan without change. The Commission

19 may include in its plan any part of a plan adopted by any planning agency

20 in the environs and may make recommendations of collateral interest to the

21 agencies. The Commission may adopt any part of an element. The Commis22 sion shall review and may amend or extend the plan so that its rec23 ommendations may be kept up to date.

24 (b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District of

25 Columbia shall submit each District element of the comprehensive plan, and

26 any amendment, to the Council for revision or modification, and adoption,

27 by act, following public hearings. Following adoption and prior to implemen28 tation, the Council shall submit each element or amendment to the Commis29 sion for review and comment with regard to the impact of the element or

30 amendment on the interests or functions of the federal establishment in the

31 National Capital.

32 (c) COMMISSION RESPONSE TO COUNCIL ACTION.—

33 (1) PERIOD OF REVIEW.—Within 60 days after receiving an element

34 or amendment from the Council, the Commission shall certify to the

35 Council whether the element or amendment has a negative impact on

36 the interests or functions of the federal establishment in the National

37 Capital.

38 (2) NO NEGATIVE IMPACT.—If the Commission takes no action in

39 the 60-day period, the element or amendment is deemed to have no

40 negative impact and shall be incorporated into the comprehensive plan

41 for the National Capital and implemented.
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1 (3) NEGATIVE IMPACT.—

2 (A) CERTIFICATION TO COUNCIL.—If the Commission finds a

3 negative impact, it shall certify its findings and recommendations

4 to the Council.

5 (B) RESPONSE OF COUNCIL.—On receipt of the Commission’s

6 findings and recommendations, the Council may—

7 (i) accept the findings and recommendations and modify

8 the element or amendment accordingly; or

9 (ii) reject the findings and recommendations and resubmit

10 a modified form of the element or amendment to the Commis11 sion for reconsideration.

12 (C) FINDINGS AND RECOMMENDATIONS ACCEPTED.—If the

13 Council accepts the findings and recommendations and modifies

14 the element or amendment, the Council shall submit the element

15 or amendment to the Commission for the Commission to deter16 mine whether the modification has been made in accordance with

17 the Commission’s findings and recommendations. If the Commis18 sion does not act on the modified element or amendment within

19 30 days after receiving it, the element or amendment is deemed

20 to have been modified in accordance with the findings and rec21 ommendations and shall be incorporated into the comprehensive

22 plan for the National Capital and implemented. If within the 30-

23 day period the Commission again determines the element or

24 amendment has a negative impact on the functions or interests of

25 the federal establishment in the National Capital, the element or

26 amendment shall not be implemented.

27 (D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the

28 Council rejects the findings and recommendations and resubmits

29 a modified element or amendment, the Commission, within 60

30 days after receiving it, shall decide whether the modified element

31 or amendment has a negative impact on the interests or functions

32 of the federal establishment within the National Capital. If the

33 Commission does not act within the 60-day period, the modified

34 element or amendment is deemed to have no negative impact and

35 shall be incorporated into the comprehensive plan and imple36 mented. If the Commission finds a negative impact, it shall certify

37 its findings (in sufficient detail that the Council can understand

38 the basis of the objection of the Commission) and recommenda39 tions to the Council and the element or amendment shall not be

40 implemented.
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1 (d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele2 ment or amendment which the Commission has determined has a negative

3 impact on the federal establishment in the National Capital which is sub4 mitted again in a modified form not less than one year from the day it was

5 last rejected by the Commission is deemed to be a new element or amend6 ment for purposes of the review procedure specified in this section.

7 (e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—

8 (1) REVIEW.—Before the comprehensive plan, any element of the

9 plan, or any revision is adopted, the Commission shall present the plan,

10 element, or revision to the appropriate federal or District of Columbia

11 authorities for comment and recommendations. The Commission may

12 present the proposed revisions annually in a consolidated form. Rec13 ommendations by federal and District of Columbia authorities are not

14 binding on the Commission, but the Commission shall give careful con15 sideration to any views and recommendations submitted prior to final

16 adoption.

17 (2) HEARINGS AND CITIZEN ADVISORY COUNCILS.—The

18 Commission—

19 (A) may provide periodic opportunity for review and comments

20 by nongovernmental agencies or groups through public hearings,

21 meetings, or conferences, exhibitions, and publication of its plans;

22 and

23 (B) in consultation with the Council, may encourage the forma24 tion of citizen advisory councils.

25 (f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission,

26 the Council may grant an extension of any time limitation contained in this

27 section.

28 (g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the Commis29 sion and the Mayor jointly shall publish a comprehensive plan for the Na30 tional Capital, consisting of the elements of the comprehensive plan for the

31 federal activities in the National Capital developed by the Commission and

32 the District elements developed by the Mayor and the Council in accordance

33 with this section.

34 (h) PROCEDURES FOR CONSULTATION.—

35 (1) COMMISSION AND MAYOR.—The Commission and the Mayor

36 jointly shall establish procedures for appropriate meaningful continuing

37 consultation throughout the planning process for the National Capital.

38 (2) GOVERNMENT AGENCIES.—In order that the National Capital

39 may be developed in accordance with the comprehensive plan, the Com40 mission, with the consent of each agency concerned as to its represen41 tation, may establish advisory and coordinating committees composed
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1 of representatives of agencies of the Federal and District of Columbia

2 Governments as may be necessary or helpful to obtain the maximum

3 amount of cooperation and correlation of effort among the various

4 agencies. As it considers appropriate, the Commission may invite rep5 resentatives of the planning and developmental agencies of the environs

6 to participate in the work of the committees.

7 § 8722. Proposed federal and district developments and

8 projects

9 (a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING AGENCY.—

10 Agencies of the Federal Government responsible for public developments

11 and projects shall cooperate and correlate their efforts by using the National

12 Capital Planning Commission as the central planning agency for federal ac13 tivities in the National Capital region. To aid the Commission in carrying

14 out this function, federal and District of Columbia governmental agencies

15 on request of the Commission shall furnish plans, data, and records the

16 Commission requires. The Commission on request shall furnish related

17 plans, data, and records to federal and District of Columbia governmental

18 agencies.

19 (b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.—

20 (1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the com21 prehensive planning and orderly development of the National Capital,

22 a federal or District of Columbia agency, before preparing construction

23 plans the agency originates for proposed developments and projects or

24 before making a commitment to acquire land, to be paid for at least

25 in part from federal or District amounts, shall advise and consult with

26 the Commission as the agency prepares plans and programs in prelimi27 nary and successive stages that affect the plan and development of the

28 National Capital. After receiving the plans, maps, and data, the Com29 mission promptly shall make a preliminary report and recommenda30 tions to the agency. If the agency, after considering the report and rec31 ommendations of the Commission, does not agree, it shall advise the

32 Commission and provide the reasons why it does not agree. The Com33 mission then shall submit a final report. After consultation and suitable

34 consideration of the views of the Commission, the agency may proceed

35 to take action in accordance with its legal responsibilities and author36 ity.

37 (2) EXCEPTIONS.—

38 (A) IN GENERAL.—Paragraph (1) does not apply to projects

39 within the Capitol grounds or to structures erected by the Depart40 ment of Defense during wartime or national emergency within ex41 isting military, naval, or Air Force reservations, except that the
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1 appropriate defense agency shall consult with the Commission as

2 to any developments which materially affect traffic or require co3 ordinated planning of the surrounding area.

4 (B) ADVANCE DECISIONS OF COMMISSION.—The Commission

5 shall determine in advance the type or kinds of plans, develop6 ments, projects, improvements, or acquisitions which do not need

7 to be submitted for review by the Commission as to conformity

8 with its plans.

9 (c) ADDITIONAL PROCEDURE FOR DEVELOPMENTS AND PROJECTS

10 WITHIN ENVIRONS.—

11 (1) SUBMISSION TO COMMISSION.—Within the environs, general

12 plans showing the location, character, and extent of, and intensity of

13 use for, proposed federal and District developments and projects involv14 ing the acquisition of land shall be submitted to the Commission for

15 report and recommendations before a final commitment to the acquisi16 tion is made, unless the matter specifically has been approved by law.

17 (2) COMMISSION ACTION.—Before acting on any general plan, the

18 Commission shall advise and consult with the appropriate planning

19 agency having jurisdiction over the affected part of the environs. When

20 the Commission decides that proposed developments or projects sub21 mitted to the Commission under subsection (b) involve a major change

22 in the character or intensity of an existing use in the environs, the

23 Commission shall advise and consult with the planning agency. The re24 port and recommendations shall be submitted within 60 days and shall

25 be accompanied by any reports or recommendations of the planning

26 agency.

27 (3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In

28 carrying out its planning functions with respect to federal developments

29 or projects in the environs, the Commission may work with, and make

30 agreements with, any state or local authority or planning agency as the

31 Commission considers necessary to have a plan or proposal adopted

32 and carried out.

33 (d) APPROVAL OF FEDERAL PUBLIC BUILDINGS.—The provisions of the

34 Act of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal

35 public buildings. In order to ensure the orderly development of the National

36 Capital, the location, height, bulk, number of stories, and size of federal

37 public buildings in the District of Columbia and the provision for open space

38 in and around federal public buildings in the District of Columbia is subject

39 to the approval of the Commission.

40 (e) APPROVAL OF DISTRICT GOVERNMENT BUILDINGS IN CENTRAL

41 AREA.—Subsection (d) is extended to include public buildings erected by
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1 any agency of the Government of the District of Columbia in the central

2 area of the District (as defined by concurrent action of the Commission and

3 the Council of the District of Columbia), except that the Commission shall

4 transmit its approval or disapproval within 30 days after the day the pro5 posal was submitted to the Commission.

6 § 8723. Capital improvements

7 (a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National

8 Capital Planning Commission shall recommend a six-year program of public

9 works projects for the Federal Government which the Commission shall re10 view annually with the agencies concerned. Each federal agency shall submit

11 to the Commission in the first quarter of each fiscal year a copy of its ad12 vance program of capital improvements within the National Capital and its

13 environs.

14 (b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By

15 February 1 of each year, the Mayor of the District of Columbia shall submit

16 to the Commission a copy of the multiyear capital improvements plan for

17 the District of Columbia that the Mayor develops under section 444 of the

18 District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 800).

19 The Commission has 30 days in which to comment on the plan but may

20 not change or disapprove of the plan.

21 § 8724. Zoning regulations and maps

22 (a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The National

23 Capital Planning Commission may make a report and recommendation to

24 the Zoning Commission of the District of Columbia, as provided in section

25 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation,

26 conformity, or consistency of proposed amendments of the zoning regula27 tions and maps with the comprehensive plan for the National Capital. The

28 Planning Commission may also submit to the Zoning Commission proposed

29 amendments or general revisions to the zoning regulations or the zoning

30 map for the District of Columbia.

31 (b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When requested

32 by an authorized representative of the Planning Commission, the Zoning

33 Commission may recess for a reasonable period of time any public hearing

34 it is holding to consider a proposed amendment to the zoning regulations

35 or map so that the Planning Commission may have an opportunity to

36 present to the Zoning Commission an additional report on the proposed

37 amendment.

38 (c) ZONING COMMITTEE OF NATIONAL CAPITAL PLANNING COMMIS39 SION.—

40 (1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com41 mittee of the National Capital Planning Commission. The Committee
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1 consists of at least three members of the Planning Commission the

2 Planning Commission designates for that purpose. The number of

3 members serving on the Committee may vary.

4 (2) DUTIES.—The Committee shall carry out the functions vested in

5 the Planning Commission under this section and section 8725 of this

6 title—

7 (A) to the extent the Planning Commission decides; and

8 (B) when requested by the Zoning Commission and approved by

9 the Planning Commission.

10 § 8725. Recommendations on platting and subdividing land

11 (a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council of the

12 District of Columbia shall submit any proposed change in, or addition to,

13 the regulations or general orders regulating the platting and subdividing of

14 lands and grounds in the District of Columbia to the National Capital Plan15 ning Commission for report and recommendation before the Council adopts

16 the change or addition. The Council shall advise the Commission when it

17 does not agree with the recommendations of the Commission and shall give

18 the reasons why it disagrees. The Commission then shall submit a final re19 port within 30 days. After considering the final report, the Council may act

20 in accordance with its legal responsibilities and authority.

21 (b) BY PLANNING COMMISSION.—The Commission shall submit to the

22 Council any proposed change in, or amendment to, the general orders that

23 the Commission considers appropriate. The Council shall treat the amend24 ments proposed in the same manner as other proposed amendments.

25 § 8726. Authorization of appropriations

26 Amounts necessary to carry out this subchapter may be appropriated

27 from money in the Treasury not otherwise appropriated and from any ap28 propriate appropriation law, except the annual District of Columbia Appro29 priation Act.

30 SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

31 § 8731. Acquiring land for park, parkway, or playground

32 purposes

33 (a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning

34 Commission shall acquire land the Planning Commission believes is nec35 essary and desirable in the District of Columbia and adjacent areas in

36 Maryland and Virginia for suitable development of the National Capital

37 park, parkway, and playground system. The acquisition must be within the

38 limits of the appropriations made for those purposes. The Planning Com39 mission shall request the advice of the Commission of Fine Arts in selecting

40 land to be acquired.

41 (b) HOW LAND MAY BE ACQUIRED.—
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1 (1) PURCHASE OR CONDEMNATION PROCEEDING.—The National

2 Capital Planning Commission may buy land when the land can be ac3 quired at a price the Planning Commission considers reasonable or by

4 a condemnation proceeding when the land cannot be bought at a rea5 sonable price.

6 (2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro7 ceeding to acquire land in the District of Columbia shall be conducted

8 in accordance with section 1 of the Act of December 23, 1963 (Public

9 Law 88–241, 77 Stat. 571).

10 (3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission

11 may acquire land in Maryland or Virginia under arrangements agreed

12 to by the Commission and the proper officials of Maryland or Virginia.

13 (c) CONTROL OF LAND.—

14 (1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in the

15 District of Columbia shall be a part of the park system of the District

16 of Columbia and be under the control of the Director of the National

17 Park Service. The National Capital Planning Commission may assign

18 areas suitable for playground purposes to the control of the Mayor of

19 the District of Columbia for playground purposes.

20 (2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland

21 or Virginia shall be controlled as determined by agreement between the

22 Planning Commission and the proper officials of Maryland or Virginia.

23 (d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all land to

24 be acquired by condemnation, all contracts to purchase land, and all agree25 ments between the National Capital Planning Commission and the officials

26 of Maryland and Virginia are subject to the approval of the President.

27 § 8732. Acquiring land subject to limited rights reserved to

28 grantor and limited permanent rights in land ad29 joining park property

30 (a) IN GENERAL.—The National Capital Planning Commission in accord31 ance with this chapter may acquire, for and on behalf of the Federal Gov32 ernment, by gift, devise, purchase, or condemnation—

33 (1) fee title to land subject to limited rights, but not for business

34 purposes, reserved to the grantor; and

35 (2) permanent rights in land adjoining park property sufficient to

36 prevent the use of the land in certain specified ways which would essen37 tially impair the value of the park property for its purposes.

38 (b) PREREQUISITES TO ACQUISITION.—

39 (1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The res40 ervation of rights to the grantor shall not continue beyond the life of

41 the grantor of the fee. The Commission must decide that the perma-
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1 nent public park purposes for which control over the land is needed are

2 not essentially impaired by the reserved rights and that there is a sub3 stantial saving in cost by acquiring the land subject to the limited

4 rights as compared with the cost of acquiring unencumbered title to the

5 land.

6 (2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—The

7 Commission must decide that the protection and maintenance of the es8 sential public values of the park can be secured more economically by

9 acquiring the permanent rights than by acquiring the land.

10 (c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire land

11 or rights under this section are subject to the approval of the President.

12 § 8733. Lease of land acquired for park, parkway, or play13 ground purposes

14 The Secretary of the Interior may lease, for not more than five years,

15 land or an existing building or structure on land acquired for park, park16 way, or playground purposes, and may renew the lease for an additional five

17 years. A lease or renewal under this section is—

18 (1) subject to the approval of the National Capital Planning Com19 mission;

20 (2) subject to the need for the immediate use of the land, building,

21 or structure in other ways by the public; and

22 (3) on terms the Administrator decides.

23 § 8734. Sale of land by Mayor

24 (a) AUTHORITY TO SELL.—With the approval of the National Capital

25 Planning Commission, the Mayor of the District of Columbia, for the best

26 interests of the District of Columbia, may sell to the highest bidder at pub27 lic or private sale real estate in the District of Columbia owned in fee simple

28 by the District of Columbia for municipal use that the Council of the Dis29 trict of Columbia and the Commission find to be no longer required for pub30 lic purposes.

31 (b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—

32 (1) may pay the reasonable and necessary expenses of the sale of

33 each parcel of land sold; and

34 (2) shall deposit the net proceeds of each sale in the Treasury to the

35 credit of the District of Columbia.

36 § 8735. Sale of land by Secretary of the Interior

37 (a) AUTHORITY TO SELL.—With the approval of the National Capital

38 Planning Commission, the Secretary of the Interior, for the best interests

39 of the Federal Government, may sell, by deed or instrument, real estate held

40 by the Government in the District of Columbia and under the jurisdiction

41 of the National Park Service which may be no longer needed for public pur-
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1 poses. The land may be sold for cash or on a deferred-payment plan the

2 Secretary approves, at a price not less than the Government paid for it and

3 not less than its present appraised value as determined by the Secretary.

4 (b) SALE TO HIGHEST BIDDER.—In selling any parcel of land under this

5 section, the Secretary shall have public or private solicitation for bids or of6 fers be made as the Secretary considers appropriate. The Secretary shall sell

7 the parcel to the party agreeing to pay the highest price if the price is oth8 erwise satisfactory. If the price offered or bid by the owner of land abutting

9 the land to be sold equals the highest price offered or bid by any other

10 party, the parcel may be sold to the owner of the abutting land.

11 (c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Secretary—

12 (1) may pay the reasonable and necessary expenses of the sale of

13 each parcel of land sold; and

14 (2) shall deposit the net proceeds of each sale in the Treasury to the

15 credit of the Government and the District of Columbia in the propor16 tion that each—

17 (A) paid the appropriations used to acquire the parcels; or

18 (B) was obligated to pay the appropriations, at the time of ac19 quisition, by reimbursement.

20 § 8736. Execution of deeds

21 The Mayor of the District of Columbia may execute deeds of conveyance

22 for real estate sold under this subchapter. The deeds shall contain a full

23 description of the land sold as required by law.

24 § 8737. Authorization of appropriations

25 An amount equal to not more than one cent for each inhabitant of the

26 continental United States as determined by the last preceding decennial cen27 sus may be appropriated each year in the District of Columbia Appropria28 tion Act for the National Capital Planning Commission to use for the pay29 ment of its expenses and for the acquisition of land the Commission may

30 acquire under section 8731 of this title for the purposes named, including

31 compensation for the land, surveys, ascertainment of title, condemnation

32 proceedings, and necessary conveyancing. The appropriated amounts shall

33 be paid from the revenues of the District of Columbia and the general

34 amounts of the Treasury in the same proportion as other expenses of the

35 District of Columbia.

36 CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND

37 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.
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8907. Temporary site designation.

8908. Areas I and II.

8909. Administrative.

1 § 8901. Purposes

2 The purposes of this chapter are—

3 (1) to preserve the integrity of the comprehensive design of the

4 L’Enfant and McMillan plans for the Nation’s Capital;

5 (2) to ensure the continued public use and enjoyment of open space

6 in the District of Columbia;

7 (3) to preserve, protect and maintain the limited amount of open

8 space available to residents of, and visitors to, the Nation’s Capital;

9 and

10 (4) to ensure that future commemorative works in areas adminis11 tered by the National Park Service and the Administrator of General

12 Services in the District of Columbia and its environs—

13 (A) are appropriately designed, constructed, and located; and

14 (B) reflect a consensus of the lasting national significance of the

15 subjects involved.

16 § 8902. Definitions and nonapplication

17 (a) DEFINITIONS.—In this chapter, the following definitions apply:

18 (1) COMMEMORATIVE WORK.—The term ‘‘commemorative work’’—

19 (A) means any statue, monument, sculpture, memorial, plaque,

20 inscription, or other structure or landscape feature, including a

21 garden or memorial grove, designed to perpetuate in a permanent

22 manner the memory of an individual, group, event or other signifi23 cant element of American history; but

24 (B) does not include an item described in subclause (A) that is

25 located within the interior of a structure or a structure which is

26 primarily used for other purposes.

27 (2) PERSON.—The term ‘‘person’’ means—

28 (A) a public agency; and

29 (B) an individual, group or organization—

30 (i) described in section 501(c)(3) of the Internal Revenue

31 Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax

32 under section 501(a) of the Code (26 U.S.C. 501(a)); and

33 (ii) authorized by Congress to establish a commemorative

34 work in the District of Columbia and its environs.

35 (3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term

36 ‘‘the District of Columbia and its environs’’ means land and property

37 located in Areas I and II as depicted on the map numbered 869/86501,

38 and dated May 1, 1986, that the National Park Service and the Ad39 ministrator of General Services administer.
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1 (b) NONAPPLICATION.—This chapter does not apply to commemorative

2 works authorized by a law enacted before January 3, 1985.

3 § 8903. Congressional authorization of commemorative

4 works

5 (a) IN GENERAL.—Commemorative works—

6 (1) may be established on federal lands referred to in section

7 8901(4) of this title only as specifically authorized by law; and

8 (2) are subject to applicable provisions of this chapter.

9 (b) MILITARY COMMEMORATIVE WORKS.—A military commemorative

10 work may be authorized only to commemorate a war or similar major mili11 tary conflict or a branch of the armed forces. A commemorative work com12 memorating a lesser conflict or a unit of an armed force may not be author13 ized. Commemorative works to a war or similar major military conflict may

14 not be authorized until at least 10 years after the officially designated end

15 of the event.

16 (c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—A

17 commemorative work commemorating an event, individual, or group of indi18 viduals, except a military commemorative work as described in subsection

19 (b), may not be authorized until after the 25th anniversary of the event,

20 death of the individual, or death of the last surviving member of the group.

21 (d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMIS22 SION.—In considering legislation authorizing commemorative works in the

23 District of Columbia and its environs, the Committee on House Administra24 tion of the House of Representatives and the Committee on Energy and

25 Natural Resources of the Senate shall solicit the views of the National Cap26 ital Memorial Commission.

27 (e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative authority for

28 a commemorative work expires at the end of the seven-year period beginning

29 on the date the authority is enacted unless the Secretary of the Interior or

30 Administrator of General Services, as appropriate, has issued a construction

31 permit for the commemorative work during that period.

32 § 8904. National Capital Memorial Commission

33 (a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital

34 Memorial Commission. The membership of the Commission consists of—

35 (1) the Director of the National Park Service;

36 (2) the Architect of the Capitol;

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

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

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

40 (6) the Mayor of the District of Columbia;
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1 (7) the Commissioner of the Public Buildings Service of the General

2 Services Administration; and

3 (8) the Secretary of Defense.

4 (b) CHAIRMAN.—The Director is the Chairman of the National Capital

5 Memorial Commission.

6 (c) ADVISORY ROLE.—The National Capital Memorial Commission shall

7 advise the Secretary of the Interior and the Administrator of General Serv8 ices on policy and procedures for establishment of, and proposals to estab9 lish, commemorative works in the District of Columbia and its environs and

10 on other matters concerning commemorative works in the Nation’s Capital

11 as the Commission considers appropriate.

12 (d) MEETINGS.—The National Capital Memorial Commission shall meet

13 at least twice annually.

14 § 8905. Site and design approval

15 (a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person au16 thorized by law to establish a commemorative work in the District of Colum17 bia and its environs may request a permit for construction of the commemo18 rative work only after the following requirements are met:

19 (1) CONSULTATION.—The person must consult with the National

20 Capital Memorial Commission regarding the selection of alternative

21 sites and designs for the commemorative work.

22 (2) SUBMITTAL.—Following consultation in accordance with clause

23 (1), the Secretary of the Interior or the Administrator of General Serv24 ices, as appropriate, must submit, on behalf of the person, site and de25 sign proposals to the Commission of Fine Arts and the National Cap26 ital Planning Commission for their approval.

27 (b) DECISION CRITERIA.—In considering site and design proposals, the

28 Commission of Fine Arts, National Capital Planning Commission, Sec29 retary, and Administrator shall be guided by, but not limited by, the fol30 lowing criteria:

31 (1) SURROUNDINGS.—To the maximum extent possible, a commemo32 rative work shall be located in surroundings that are relevant to the

33 subject of the work.

34 (2) LOCATION.—A commemorative work shall be located so that—

35 (A) it does not interfere with, or encroach on, an existing com36 memorative work; and

37 (B) to the maximum extent practicable, it protects open space

38 and existing public use.

39 (3) MATERIAL.—A commemorative work shall be constructed of du40 rable material suitable to the outdoor environment.
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1 (4) LANDSCAPE FEATURES.—Landscape features of commemorative

2 works shall be compatible with the climate.

3 § 8906. Criteria for issuance of construction permit

4 (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the

5 construction of a commemorative work in the District of Columbia and its

6 environs, the Secretary of the Interior or Administrator of General Services,

7 as appropriate, shall determine that—

8 (1) the site and design have been approved by the Secretary or Ad9 ministrator, the National Capital Planning Commission and the Com10 mission of Fine Arts;

11 (2) knowledgeable individuals qualified in the field of preservation

12 and maintenance have been consulted to determine structural sound13 ness and durability of the commemorative work and to ensure that the

14 commemorative work meets high professional standards;

15 (3) the person authorized to construct the commemorative work has

16 submitted contract documents for construction of the commemorative

17 work to the Secretary or Administrator; and

18 (4) the person authorized to construct the commemorative work has

19 available sufficient amounts to complete construction of the project.

20 (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

21 (1) AMOUNT.—In addition to the criteria described in subsection (a),

22 a construction permit may not be issued unless the person authorized

23 to construct the commemorative work has donated an amount equal to

24 10 percent of the total estimated cost of construction to offset the costs

25 of perpetual maintenance and preservation of the commemorative work.

26 The amounts shall be credited to a separate account in the Treasury.

27 (2) AVAILABILITY.—The Secretary of the Treasury shall make any

28 part of the donated amount available to the Secretary of the Interior

29 or Administrator for maintenance at the request of the Secretary of the

30 Interior or Administrator. The Secretary of the Interior or Adminis31 trator shall not request more from the separate account than the total

32 amount deposited by persons establishing commemorative works in

33 areas the Secretary of the Interior or Administrator administers.

34 (3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the In35 terior and Administrator shall maintain an inventory of amounts avail36 able under this subsection. The amounts are not subject to annual ap37 propriations.

38 (4) NONAPPLICABILITY.—This subsection does not apply when a de39 partment or agency of the Federal Government constructs the work

40 and less than 50 percent of the funding for the work is provided by

41 private sources.
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1 (c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The Sec2 retary of the Interior or Administrator may suspend any activity under this

3 chapter that relates to the establishment of a commemorative work if the

4 Secretary or Administrator determines that fundraising efforts relating to

5 the work have misrepresented an affiliation with the work or the Federal

6 Government.

7 (d) ANNUAL REPORT.—The person authorized to construct a commemo8 rative work under this chapter must submit to the Secretary of the Interior

9 or Administrator an annual report of operations, including financial state10 ments audited by an independent certified public accountant. The person

11 shall pay for the report.

12 § 8907. Temporary site designation

13 (a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior, in

14 consultation with the National Capital Memorial Commission, determines

15 that a site where commemorative works may be displayed on a temporary

16 basis is necessary to aid in the preservation of the limited amount of open

17 space available to residents of, and visitors to, the Nation’s Capital, a site

18 may be designated on land the Secretary administers in the District of Co19 lumbia.

20 (b) PLAN.—A designation may be made under subsection (a) only if, at

21 least 120 days before the designation, the Secretary, in consultation with

22 the Commission, prepares and submits to Congress a plan for the site. The

23 plan shall include specifications for the location, construction, and adminis24 tration of the site and criteria for displaying commemorative works at the

25 site.

26 (c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work dis27 played at the site shall be installed, maintained, and removed at the sole

28 expense and risk of the person authorized to display the work. The person

29 shall agree to indemnify the United States for any liability arising from the

30 display of the commemorative work under this section.

31 § 8908. Areas I and II

32 (a) AVAILABILITY OF MAP.—The Secretary of the Interior and Adminis33 trator of General Services shall make available, for public inspection at ap34 propriate offices of the National Park Service and the General Services Ad35 ministration, the map numbered 869/86501, and dated May 1, 1986.

36 (b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—

37 (1) AREA I.—After seeking the advice of the National Capital Memo38 rial Commission, the Secretary or Administrator, as appropriate, may

39 recommend the location of a commemorative work in Area I only if the

40 Secretary or Administrator decides that the subject of the commemora41 tive work is of preeminent historical and lasting significance to the
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1 United States. The Secretary or Administrator shall notify the Com2 mission, the Committee on House Administration of the House of Rep3 resentatives, and the Committee on Energy and Natural Resources of

4 the Senate of the recommendation that a commemorative work should

5 be located in Area I. The location of a commemorative work in Area

6 I is deemed to be authorized only if the recommendation is approved

7 by law not later than 150 calendar days after the notification.

8 (2) AREA II.—Commemorative works of subjects of lasting historical

9 significance to the American people may be located in Area II.

10 § 8909. Administrative

11 (a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUC12 TION.—Complete documentation of design and construction of each com13 memorative work located in the District of Columbia and its environs shall

14 be provided to the Secretary of the Interior or Administrator of General

15 Services, as appropriate, and shall be permanently maintained in the man16 ner provided by law.

17 (b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On

18 completion of any commemorative work in the District of Columbia and its

19 environs, the Secretary or Administrator, as appropriate, shall assume re20 sponsibility for maintaining the work.

21 (c) REGULATIONS OR STANDARDS.—The Secretary and Administrator

22 shall prescribe appropriate regulations or standards to carry out this chap23 ter.

24 CHAPTER 91—COMMISSION OF FINE ARTS

Sec.

9101. Establishment, composition, and vacancies.

9102. Duties.

9103. Personnel.

9104. Authorization of appropriations.

25 § 9101. Establishment, composition, and vacancies

26 (a) ESTABLISHMENT.—There is a Commission of Fine Arts.

27 (b) COMPOSITION.—The Commission is composed of seven well-qualified

28 judges of the fine arts, appointed by the President, who serve for four years

29 each or until their successors are appointed and qualified.

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

31 (d) EXPENSES.—Members of the Commission shall be paid actual ex32 penses in traveling to and from the District of Columbia to attend Commis33 sion meetings and while attending those meetings.

34 § 9102. Duties

35 (a) IN GENERAL.—The Commission of Fine Arts shall advise on—

36 (1) the location of statues, fountains, and monuments in the public

37 squares, streets, and parks in the District of Columbia;
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1 (2) the selection of models for statues, fountains, and monuments

2 erected under the authority of the Federal Government;

3 (3) the selection of artists to carry out clause (2); and

4 (4) questions of art generally when required to do so by the Presi5 dent or a committee of Congress.

6 (b) DUTY TO REQUEST ADVICE.—The officers required to decide the

7 questions described in subsection (a)(1)–(3) shall request the Commission

8 to provide the advice.

9 (c) NONAPPLICATION.—This section does not apply to the Capitol Build10 ing and the Library of Congress buildings.

11 § 9103. Personnel

12 The Commission of Fine Arts has a secretary and other assistance the

13 Commission authorizes. The secretary is the executive officer of the Com14 mission.

15 § 9104. Authorization of appropriations

16 Necessary amounts may be appropriated to carry out this chapter.

17 CHAPTER 93—THEODORE ROOSEVELT ISLAND

Sec.

9301. Maintenance and administration.

9302. Consent of Theodore Roosevelt Association required for development.

9303. Access to Theodore Roosevelt Island.

9304. Source of appropriations.

18 § 9301. Maintenance and administration

19 The Director of the National Park Service shall maintain and administer

20 Theodore Roosevelt Island as a natural park for the recreation and enjoy21 ment of the public.

22 § 9302. Consent of Theodore Roosevelt Association required

23 for development

24 (a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Asso25 ciation must approve every general plan for the development of Theodore

26 Roosevelt Island.

27 (b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Associa28 tion remains in existence, development inconsistent with the general plan

29 may not be carried out without the Association’s consent.

30 § 9303. Access to Theodore Roosevelt Island

31 Subject to the approval of the National Capital Planning Commission and

32 the availability of appropriations, the Director of the National Park Service

33 may provide suitable means of access to and on Theodore Roosevelt Island.

34 § 9304. Source of appropriations

35 The appropriations needed for construction of suitable means of access

36 to and on Theodore Roosevelt Island and annually for the care, mainte37 nance, and improvement of the land and improvements may be made from

38 amounts not otherwise appropriated from the Treasury.
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1 CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

2 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.

3 § 9501. Chief of Engineers

4 (a) SUPERINTENDENCE DUTIES.—

5 (1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IM6 PROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engi7 neers has the immediate superintendence of—

8 (A) the Washington Aqueduct, together with all rights, appur9 tenances, and fixtures connected with the Aqueduct and belonging

10 to the Federal Government; and

11 (B) all other public works and improvements in the District of

12 Columbia in which the Government has an interest and which are

13 not otherwise specially provided for by law.

14 (2) OBEYING REGULATIONS.—In carrying out paragraph (1), the

15 Chief of Engineers shall obey regulations the President prescribes,

16 through the Secretary of the Army.

17 (b) NO INCREASE IN COMPENSATION.—The Chief of Engineers shall not

18 receive additional compensation for the services required under this chapter.

19 (c) OFFICE.—The Chief of Engineers shall be furnished an office in one

20 of the public buildings in the District of Columbia, as the Administrator of

21 General Services directs, and shall be supplied by the Federal Government

22 with stationery, instruments, books, and furniture which may be required

23 for the performance of the duties of the Chief of Engineers.

24 § 9502. Authority of Chief of Engineers

25 (a) IN GENERAL.—The Chief of Engineers and necessary assistants may

26 use all lawful means to carry out their duties.

27 (b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—

28 (1) PROVIDING WATER.—The Chief of Engineers has complete con29 trol over the Washington Aqueduct to regulate the manner in which the

30 authorities of the District of Columbia may tap the supply of water to

31 the inhabitants of the District of Columbia.

32 (2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall stop

33 the authorities of the District of Columbia from tapping the supply of

34 water when the supply is no more than adequate to the wants of the

35 public buildings and grounds.
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1 (3) APPEAL OF DECISION.—The decision of the Chief of Engineers

2 on all questions concerning the supply of water under this subsection

3 may be appealed only to the Secretary of the Army.

4 § 9503. Record of property

5 The Chief of Engineers shall keep in the office a complete record of all

6 land and other property connected with or belonging to the Washington Aq7 ueduct and other public works under the charge of the Chief of Engineers,

8 together with accurate plans and surveys of the public grounds and reserva9 tions in the District of Columbia.

10 § 9504. Reports

11 As superintendent of the Washington Aqueduct, the Chief of Engineers

12 annually shall submit to the Secretary of the Army, within nine months

13 after the end of the fiscal year, a report of the Chief of Engineers’ oper14 ations for that year and a report of the condition, progress, repairs, casual15 ties, and expenditures of the Washington Aqueduct and other public works

16 under the charge of the Chief of Engineers.

17 § 9505. Paying for main pipes

18 (a) FEDERAL GOVERNMENT.—The Federal Government shall only pay

19 for the number of main pipes of the Washington Aqueduct needed to fur20 nish public buildings, offices, and grounds with the necessary supply of

21 water.

22 (b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the

23 cost of any main pipe of the Washington Aqueduct which supplies water to

24 the inhabitants of the District of Columbia, in the manner provided by law.

25 § 9506. Civil penalty

26 A person that, without the consent of the Chief of Engineers, taps or

27 opens the mains or pipes laid by the Federal Government is liable to the

28 Government for a civil penalty of at least $50 and not more than $500.

29 § 9507. Control of expenditures

30 Unless expressly provided for by law, the Secretary of the Army shall di31 rect the expenditure of amounts appropriated for the Washington Aqueduct

32 and for other public works in the District of Columbia.

33 SUBTITLE III—INFORMATION TECHNOLOGY

34 MANAGEMENT

CHAPTER Sec.

111. GENERAL ....................................................................................................... 11101

113. RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY.11301

115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS .... 11501

117. ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS.11701

35 CHAPTER 111—GENERAL

Sec.

11101. Definitions.
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11102. Sense of Congress.

11103. Applicability to national security systems.

1 § 11101. Definitions

2 In this subtitle, the following definitions apply:

3 (1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the

4 meaning given that term in section 4 of the Office of Federal Procure5 ment Policy Act (41 U.S.C. 403).

6 (2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the

7 meaning given that term in section 4 of the Act (41 U.S.C. 403).

8 (3) INFORMATION RESOURCES.—The term ‘‘information resources’’

9 has the meaning given that term in section 3502 of title 44.

10 (4) INFORMATION RESOURCES MANAGEMENT.—The term ‘‘informa11 tion resources management’’ has the meaning given that term in sec12 tion 3502 of title 44.

13 (5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the

14 meaning given that term in section 3502 of title 44.

15 (6) INFORMATION TECHNOLOGY.—The term ‘‘information

16 technology’’—

17 (A) with respect to an executive agency means any equipment

18 or interconnected system or subsystem of equipment, used in the

19 automatic acquisition, storage, manipulation, management, move20 ment, control, display, switching, interchange, transmission, or re21 ception of data or information by the executive agency, if the

22 equipment is used by the executive agency directly or is used by

23 a contractor under a contract with the executive agency that re24 quires the use—

25 (i) of that equipment; or

26 (ii) of that equipment to a significant extent in the per27 formance of a service or the furnishing of a product;

28 (B) includes computers, ancillary equipment, software, firmware

29 and similar procedures, services (including support services), and

30 related resources; but

31 (C) does not include any equipment acquired by a federal con32 tractor incidental to a federal contract.

33 § 11102. Sense of Congress

34 It is the sense of Congress that, during the five-year period beginning

35 with 1996, executive agencies should achieve each year through improve36 ments in information resources management by the agency—

37 (1) at least a five percent decrease in the cost (in constant fiscal

38 year 1996 dollars) incurred by the agency in operating and maintaining

39 information technology; and

40 (2) a five percent increase in the efficiency of the agency operations.
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1 § 11103. Applicability to national security systems

2 (a) DEFINITION.—

3 (1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘na4 tional security system’’ means a telecommunications or information sys5 tem operated by the Federal Government, the function, operation, or

6 use of which—

7 (A) involves intelligence activities;

8 (B) involves cryptologic activities related to national security;

9 (C) involves command and control of military forces;

10 (D) involves equipment that is an integral part of a weapon or

11 weapons system; or

12 (E) subject to paragraph (2), is critical to the direct fulfillment

13 of military or intelligence missions.

14 (2) LIMITATION.—Paragraph (1)(E) does not include a system to be

15 used for routine administrative and business applications (including

16 payroll, finance, logistics, and personnel management applications).

17 (b) IN GENERAL.—Except as provided in subsection (c), chapter 113 of

18 this title does not apply to national security systems.

19 (c) EXCEPTIONS.—

20 (1) IN GENERAL.—Sections 11313, 11315, and 11316 of this title

21 apply to national security systems.

22 (2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of

23 executive agencies shall apply sections 11302 and 11312 of this title

24 to national security systems to the extent practicable.

25 (3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTS-BASED

26 MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—

27 (A) IN GENERAL.—Subject to subparagraph (B), the heads of

28 executive agencies shall apply section 11303 of this title to na29 tional security systems to the extent practicable.

30 (B) EXCEPTION.—National security systems are subject to sec31 tion 11303(b)(5) of this title, except for subparagraph (B)(iv).

32 CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF

33 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.

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.
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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.

1 SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND

2 BUDGET

3 § 11301. Responsibility of Director

4 In fulfilling the responsibility to administer the functions assigned under

5 chapter 35 of title 44, the Director of the Office of Management and Budg6 et shall comply with this chapter with respect to the specific matters covered

7 by this chapter.

8 § 11302. Capital planning and investment control

9 (a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office

10 of Management and Budget shall perform the responsibilities set forth in

11 this section in fulfilling the responsibilities under section 3504(h) of title 44.

12 (b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—The

13 Director shall promote and improve the acquisition, use, and disposal of in14 formation technology by the Federal Government to improve the produc15 tivity, efficiency, and effectiveness of federal programs, including through

16 dissemination of public information and the reduction of information collec17 tion burdens on the public.

18 (c) USE OF BUDGET PROCESS.—

19 (1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVEST20 MENTS.—As part of the budget process, the Director shall develop a

21 process for analyzing, tracking, and evaluating the risks and results of

22 all major capital investments made by an executive agency for informa23 tion systems. The process shall cover the life of each system and shall

24 include explicit criteria for analyzing the projected and actual costs,

25 benefits, and risks associated with the investments.

26 (2) REPORT TO CONGRESS.—At the same time that the President

27 submits the budget for a fiscal year to Congress under section 1105(a)

28 of title 31, the Director shall submit to Congress a report on the net

29 program performance benefits achieved as a result of major capital in30 vestments made by executive agencies for information systems and how

31 the benefits relate to the accomplishment of the goals of the executive

32 agencies.

33 (d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall oversee

34 the development and implementation of standards and guidelines pertaining

35 to federal computer systems by the Secretary of Commerce through the Na36 tional Institute of Standards and Technology under section 11331 of this
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1 title and section 20 of the National Institute of Standards and Technology

2 Act (15 U.S.C. 278g–3).

3 (e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.— The Di4 rector shall designate the head of one or more executive agencies, as the

5 Director considers appropriate, as executive agent for Government-wide ac6 quisitions of information technology.

7 (f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall en8 courage the heads of the executive agencies to develop and use the best

9 practices in the acquisition of information technology.

10 (g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION

11 TECHNOLOGY.—On a continuing basis, the Director shall assess the experi12 ences of executive agencies, state and local governments, international orga13 nizations, and the private sector in managing information technology.

14 (h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY.—

15 The Director shall compare the performances of the executive agencies in

16 using information technology and shall disseminate the comparisons to the

17 heads of the executive agencies.

18 (i) MONITORING TRAINING.—The Director shall monitor the development

19 and implementation of training in information resources management for

20 executive agency personnel.

21 (j) INFORMING CONGRESS.—The Director shall keep Congress fully in22 formed on the extent to which the executive agencies are improving the per23 formance of agency programs and the accomplishment of the agency mis24 sions through the use of the best practices in information resources manage25 ment.

26 (k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Di27 rector shall coordinate with the Office of Federal Procurement Policy the

28 development and review by the Administrator of the Office of Information

29 and Regulatory Affairs of policy associated with federal acquisition of infor30 mation technology.

31 § 11303. Performance-based and results-based management

32 (a) IN GENERAL.—The Director of the Office of Management and Budg33 et shall encourage the use of performance-based and results-based manage34 ment in fulfilling the responsibilities assigned under section 3504(h) of title

35 44.

36 (b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—

37 (1) REQUIREMENT.—The Director shall evaluate the information re38 sources management practices of the executive agencies with respect to

39 the performance and results of the investments made by the executive

40 agencies in information technology.
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1 (2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director

2 shall issue to the head of each executive agency clear and concise direc3 tion that the head of each agency shall—

4 (A) establish effective and efficient capital planning processes

5 for selecting, managing, and evaluating the results of all of its

6 major investments in information systems;

7 (B) determine, before making an investment in a new informa8 tion system—

9 (i) whether the function to be supported by the system

10 should be performed by the private sector and, if so, whether

11 any component of the executive agency performing that func12 tion should be converted from a governmental organization to

13 a private sector organization; or

14 (ii) whether the function should be performed by the execu15 tive agency and, if so, whether the function should be per16 formed by a private sector source under contract or by execu17 tive agency personnel;

18 (C) analyze the missions of the executive agency and, based on

19 the analysis, revise the executive agency’s mission-related proc20 esses and administrative processes, as appropriate, before making

21 significant investments in information technology to be used in

22 support of those missions; and

23 (D) ensure that the information security policies, procedures,

24 and practices are adequate.

25 (3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direction

26 issued under paragraph (2) shall include guidance for undertaking effi27 ciently and effectively interagency and Federal Government-wide invest28 ments in information technology to improve the accomplishment of mis29 sions that are common to the executive agencies.

30 (4) PERIODIC REVIEWS.—The Director shall implement through the

31 budget process periodic reviews of selected information resources man32 agement activities of the executive agencies to ascertain the efficiency

33 and effectiveness of information technology in improving the perform34 ance of the executive agency and the accomplishment of the missions

35 of the executive agency.

36 (5) ENFORCEMENT OF ACCOUNTABILITY.—

37 (A) IN GENERAL.—The Director may take any action that the

38 Director considers appropriate, including an action involving the

39 budgetary process or appropriations management process, to en40 force accountability of the head of an executive agency for infor-
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1 mation resources management and for the investments made by

2 the executive agency in information technology.

3 (B) SPECIFIC ACTIONS.—Actions taken by the Director may

4 include—

5 (i) recommending a reduction or an increase in the amount

6 for information resources that the head of the executive agen7 cy proposes for the budget submitted to Congress under sec8 tion 1105(a) of title 31;

9 (ii) reducing or otherwise adjusting apportionments and re10 apportionments of appropriations for information resources;

11 (iii) using other administrative controls over appropriations

12 to restrict the availability of amounts for information re13 sources; and

14 (iv) designating for the executive agency an executive agent

15 to contract with private sector sources for the performance of

16 information resources management or the acquisition of infor17 mation technology.

18 SUBCHAPTER II—EXECUTIVE AGENCIES

19 § 11311. Responsibilities

20 In fulfilling the responsibilities assigned under chapter 35 of title 44, the

21 head of each executive agency shall comply with this subchapter with respect

22 to the specific matters covered by this subchapter.

23 § 11312. Capital planning and investment control

24 (a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned under

25 section 3506(h) of title 44, the head of each executive agency shall design

26 and implement in the executive agency a process for maximizing the value,

27 and assessing and managing the risks, of the information technology acqui28 sitions of the executive agency.

29 (b) CONTENT OF PROCESS.—The process of an executive agency shall—

30 (1) provide for the selection of information technology investments

31 to be made by the executive agency, the management of those invest32 ments, and the evaluation of the results of those investments;

33 (2) be integrated with the processes for making budget, financial,

34 and program management decisions in the executive agency;

35 (3) include minimum criteria to be applied in considering whether to

36 undertake a particular investment in information systems, including

37 criteria related to the quantitatively expressed projected net, risk-ad38 justed return on investment and specific quantitative and qualitative

39 criteria for comparing and prioritizing alternative information systems

40 investment projects;
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1 (4) identify information systems investments that would result in

2 shared benefits or costs for other federal agencies or state or local gov3 ernments;

4 (5) identify quantifiable measurements for determining the net bene5 fits and risks of a proposed investment; and

6 (6) provide the means for senior management personnel of the execu7 tive agency to obtain timely information regarding the progress of an

8 investment in an information system, including a system of milestones

9 for measuring progress, on an independently verifiable basis, in terms

10 of cost, capability of the system to meet specified requirements, timeli11 ness, and quality.

12 § 11313. Performance and results-based management

13 In fulfilling the responsibilities under section 3506(h) of title 44, the head

14 of an executive agency shall—

15 (1) establish goals for improving the efficiency and effectiveness of

16 agency operations and, as appropriate, the delivery of services to the

17 public through the effective use of information technology;

18 (2) prepare an annual report, to be included in the executive agen19 cy’s budget submission to Congress, on the progress in achieving the

20 goals;

21 (3) ensure that performance measurements—

22 (A) are prescribed for information technology used by, or to be

23 acquired for, the executive agency; and

24 (B) measure how well the information technology supports pro25 grams of the executive agency;

26 (4) where comparable processes and organizations in the public or

27 private sectors exist, quantitatively benchmark agency process perform28 ance against those processes in terms of cost, speed, productivity, and

29 quality of outputs and outcomes;

30 (5) analyze the missions of the executive agency and, based on the

31 analysis, revise the executive agency’s mission-related processes and ad32 ministrative processes as appropriate before making significant invest33 ments in information technology to be used in support of the perform34 ance of those missions; and

35 (6) ensure that the information security policies, procedures, and

36 practices of the executive agency are adequate.

37 § 11314. Authority to acquire and manage information tech38 nology

39 (a) IN GENERAL.—The authority of the head of an executive agency to

40 acquire information technology includes—

41 (1) acquiring information technology as authorized by law;
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1 (2) making a contract that provides for multiagency acquisitions of

2 information technology in accordance with guidance issued by the Di3 rector of the Office of Management and Budget; and

4 (3) if the Director finds that it would be advantageous for the Fed5 eral Government to do so, making a multiagency contract for procure6 ment of commercial items of information technology that requires each

7 executive agency covered by the contract, when procuring those items,

8 to procure the items under that contract or to justify an alternative

9 procurement of the items.

10 (b) FTS 2000 PROGRAM.—The Administrator of General Services shall

11 continue to manage the FTS 2000 program, and to coordinate the follow12 on to that program, for and with the advice of the heads of executive agen13 cies.

14 § 11315. Agency Chief Information Officer

15 (a) DEFINITION.—In this section, the term ‘‘information technology ar16 chitecture’’, with respect to an executive agency, means an integrated frame17 work for evolving or maintaining existing information technology and ac18 quiring new information technology to achieve the agency’s strategic goals

19 and information resources management goals.

20 (b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an

21 executive agency is responsible for—

22 (1) providing advice and other assistance to the head of the executive

23 agency and other senior management personnel of the executive agency

24 to ensure that information technology is acquired and information re25 sources are managed for the executive agency in a manner that imple26 ments the policies and procedures of this subtitle, consistent with chap27 ter 35 of title 44 and the priorities established by the head of the exec28 utive agency;

29 (2) developing, maintaining, and facilitating the implementation of a

30 sound and integrated information technology architecture for the execu31 tive agency; and

32 (3) promoting the effective and efficient design and operation of all

33 major information resources management processes for the executive

34 agency, including improvements to work processes of the executive

35 agency.

36 (c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer of an

37 agency listed in section 901(b) of title 31—

38 (1) has information resources management duties as that official’s

39 primary duty;

40 (2) monitors the performance of information technology programs of

41 the agency, evaluates the performance of those programs on the basis
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1 of the applicable performance measurements, and advises the head of

2 the agency regarding whether to continue, modify, or terminate a pro3 gram or project; and

4 (3) annually, as part of the strategic planning and performance eval5 uation process required (subject to section 1117 of title 31) under sec6 tion 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as

7 added by section 5(a) of the Government Performance and Results Act

8 of 1993 (Public Law 103–62, 107 Stat. 289)) of title 31—

9 (A) assesses the requirements established for agency personnel

10 regarding knowledge and skill in information resources manage11 ment and the adequacy of those requirements for facilitating the

12 achievement of the performance goals established for information

13 resources management;

14 (B) assesses the extent to which the positions and personnel at

15 the executive level of the agency and the positions and personnel

16 at management level of the agency below the executive level meet

17 those requirements;

18 (C) develops strategies and specific plans for hiring, training,

19 and professional development to rectify any deficiency in meeting

20 those requirements; and

21 (D) reports to the head of the agency on the progress made in

22 improving information resources management capability.

23 § 11316. Accountability

24 The head of each executive agency, in consultation with the Chief Infor25 mation Officer and the Chief Financial Officer of that executive agency (or,

26 in the case of an executive agency without a chief financial officer, any com27 parable official), shall establish policies and procedures to ensure that—

28 (1) the accounting, financial, asset management, and other informa29 tion systems of the executive agency are designed, developed, main30 tained, and used effectively to provide financial or program perform31 ance data for financial statements of the executive agency;

32 (2) financial and related program performance data are provided on

33 a reliable, consistent, and timely basis to executive agency financial

34 management systems; and

35 (3) financial statements support—

36 (A) assessments and revisions of mission-related processes and

37 administrative processes of the executive agency; and

38 (B) measurement of the performance of investments made by

39 the agency in information systems.
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1 § 11317. Significant deviations

2 The head of each executive agency shall identify in the strategic informa3 tion resources management plan required under section 3506(b)(2) of title

4 44 any major information technology acquisition program, or any phase or

5 increment of that program, that has significantly deviated from the cost,

6 performance, or schedule goals established for the program.

7 § 11318. Interagency support

8 The head of an executive agency may use amounts available to the agency

9 for oversight, acquisition, and procurement of information technology to

10 support jointly with other executive agencies the activities of interagency

11 groups that are established to advise the Director of the Office of Manage12 ment and Budget in carrying out the Director’s responsibilities under this

13 chapter. The use of those amounts for that purpose is subject to require14 ments and limitations on uses and amounts that the Director may prescribe.

15 The Director shall prescribe the requirements and limitations during the Di16 rector’s review of the executive agency’s proposed budget submitted to the

17 Director by the head of the executive agency for purposes of section 1105

18 of title 31.

19 SUBCHAPTER III—OTHER RESPONSIBILITIES

20 § 11331. Responsibilities regarding efficiency, security, and

21 privacy of federal computer systems

22 (a) DEFINITIONS.—In this section, the terms ‘‘federal computer system’’

23 and ‘‘operator of a federal computer system’’ have the meanings given those

24 terms in section 20(d) of the National Institute of Standards and Tech25 nology Act (15 U.S.C. 278g–3(d)).

26 (b) STANDARDS AND GUIDELINES.—

27 (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—

28 (A) AUTHORITY TO PRESCRIBE.—On the basis of standards and

29 guidelines developed by the National Institute of Standards and

30 Technology pursuant to paragraphs (2) and (3) of section 20(a)

31 of the Act (15 U.S.C. 278g–3(a)(2), (3)), the Secretary of Com32 merce shall prescribe standards and guidelines pertaining to fed33 eral computer systems. The Secretary shall make those standards

34 compulsory and binding to the extent the Secretary determines

35 necessary to improve the efficiency of operation or security and

36 privacy of federal computer systems.

37 (B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President

38 may disapprove or modify those standards and guidelines if the

39 President determines that action to be in the public interest. The

40 President’s authority to disapprove or modify those standards and

41 guidelines may not be delegated. Notice of disapproval or modifica-
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1 tion shall be published promptly in the Federal Register. On re2 ceiving notice of disapproval or modification, the Secretary shall

3 immediately rescind or modify those standards or guidelines as di4 rected by the President.

5 (2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist6 ency, the Secretary shall exercise the authority conferred by this sec7 tion subject to direction by the President and in coordination with the

8 Director of the Office of Management and Budget.

9 (c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a fed10 eral agency may employ standards for the cost-effective security and privacy

11 of sensitive information in a federal computer system in or under the super12 vision of that agency that are more stringent than the standards the Sec13 retary prescribes under this section if the more stringent standards contain

14 at least the applicable standards the Secretary makes compulsory and bind15 ing .

16 (d) WAIVER OF STANDARDS.—

17 (1) AUTHORITY OF THE SECRETARY.—The Secretary may waive in

18 writing compulsory and binding standards under subsection (b) if the

19 Secretary determines that compliance would—

20 (A) adversely affect the accomplishment of the mission of an op21 erator of a federal computer system; or

22 (B) cause a major adverse financial impact on the operator that

23 is not offset by Federal Government-wide savings.

24 (2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may dele25 gate to the head of one or more federal agencies authority to waive

26 those standards to the extent the Secretary determines that action to

27 be necessary and desirable to allow for timely and effective implementa28 tion of federal computer system standards. The head of the agency may

29 redelegate that authority only to a chief information officer designated

30 pursuant to section 3506 of title 44.

31 (3) NOTICE.—Notice of each waiver and delegation shall be trans32 mitted promptly to Congress and published promptly in the Federal

33 Register.

34 § 11332. Federal computer system security training and plan

35 (a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘fed36 eral agency’’, ‘‘federal computer system’’, ‘‘operator of a federal computer

37 system’’, and ‘‘sensitive information’’ have the meanings given those terms

38 in section 20(d) of the National Institute of Standards and Technology Act

39 (15 U.S.C. 278g–3(d)).

40 (b) TRAINING—
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1 (1) IN GENERAL.—Each federal agency shall provide for mandatory

2 periodic training in computer security awareness and accepted com3 puter security practice of all employees who are involved with the man4 agement, use, or operation of each federal computer system within or

5 under the supervision of the agency. The training shall be–

6 (A) provided in accordance with the guidelines developed pursu7 ant to section 20(a)(5) of the Act (15 U.S.C. 278g-3(a)(5)) and

8 the regulations prescribed under paragraph (3) for federal civilian

9 employees; or

10 (B) provided by an alternative training program that the head

11 of the agency approves after determining that the alternative

12 training program is at least as effective in accomplishing the ob13 jectives of the guidelines and regulations.

14 (2) TRAINING OBJECTIVES.—Training under this subsection shall be

15 designed—

16 (A) to enhance employees’ awareness of the threats to, and vul17 nerability of, computer systems; and

18 (B) to encourage the use of improved computer security prac19 tices.

20 (3) REGULATIONS.—The Director of the Office of Personnel Man21 agement shall maintain regulations that establish the procedures and

22 scope of the training to be provided federal civilian employees under

23 this subsection and the manner in which the training is to be carried

24 out.

25 (c) PLAN.—

26 (1) IN GENERAL.—Consistent with standards, guidelines, policies,

27 and regulations prescribed pursuant to section 11331 of this title, each

28 federal agency shall maintain a plan for the security and privacy of

29 each federal computer system the agency identifies as being within or

30 under its supervision and as containing sensitive information. The plan

31 must be commensurate with the risk and magnitude of the harm result32 ing from the loss, misuse, or unauthorized access to, or modification

33 of, the information contained in the system.

34 (2) REVISION AND REVIEW.—The plan shall be revised annually as

35 necessary and is subject to disapproval by the Director of the Office

36 of Management and Budget.

37 (d) HANDLING OF INFORMATION NOT AFFECTED.—This section does

38 not—

39 (1) constitute authority to withhold information sought pursuant to

40 section 552 of title 5; or
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1 (2) authorize a federal agency to limit, restrict, regulate, or control

2 the collection, maintenance, disclosure, use, transfer, or sale of any in3 formation (regardless of the medium in which the information may be

4 maintained) that is—

5 (A) privately owned information;

6 (B) disclosable under section 552 of title 5 or another law re7 quiring or authorizing the public disclosure of information; or

8 (C) public domain information.

9 CHAPTER 115—INFORMATION TECHNOLOGY

10 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.

11 SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

12 § 11501. Authority to conduct pilot programs

13 (a) IN GENERAL.—

14 (1) PURPOSE.—In consultation with the Administrator for the Office

15 of Information and Regulatory Affairs, the Administrator for Federal

16 Procurement Policy may conduct pilot programs to test alternative ap17 proaches for the acquisition of information technology by executive

18 agencies.

19 (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—

20 Except as otherwise provided in this chapter, each pilot program con21 ducted under this chapter shall be carried out in not more than two

22 procuring activities in each of the executive agencies that are des23 ignated by the Administrator for Federal Procurement Policy in ac24 cordance with this chapter to carry out the pilot program. With the ap25 proval of the Administrator for Federal Procurement Policy, the head

26 of each designated executive agency shall select the procuring activities

27 of the executive agency that are to participate in the test and shall des28 ignate a procurement testing official who shall be responsible for the

29 conduct and evaluation of the pilot program within the executive agen30 cy.

31 (b) LIMITATIONS.—

32 (1) NUMBER.—Not more than two pilot programs may be conducted

33 under this chapter, including one pilot program each pursuant to the

34 requirements of sections 11521 and 11522 of this title.
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1 (2) AMOUNT.—The total amount obligated for contracts entered into

2 under the pilot programs conducted under this chapter may not exceed

3 $750,000,000. The Administrator for Federal Procurement Policy shall

4 monitor those contracts and ensure that contracts are not entered into

5 in violation of this paragraph.

6 (c) PERIOD OF PROGRAMS.—

7 (1) IN GENERAL.—Subject to paragraph (2), a pilot program may

8 be carried out under this chapter for the period, not in excess of five

9 years, the Administrator for Federal Procurement Policy determines is

10 sufficient to establish reliable results.

11 (2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into

12 under the pilot program before the expiration of that program remains

13 in effect according to the terms of the contract after the expiration of

14 the program.

15 § 11502. Evaluation criteria and plans

16 (a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable,

17 the head of each executive agency conducting a pilot program under section

18 11501 of this title shall establish measurable criteria for evaluating the ef19 fects of the procedures or techniques to be tested under the program.

20 (b) TEST PLAN.—Before a pilot program may be conducted under section

21 11501 of this title, the Administrator for Federal Procurement Policy shall

22 submit to Congress a detailed test plan for the program, including a de23 tailed description of the procedures to be used and a list of regulations that

24 are to be waived.

25 § 11503. Report

26 (a) REQUIREMENT.—Not later than 180 days after the completion of a

27 pilot program under this chapter, the Administrator for Federal Procure28 ment Policy shall—

29 (1) submit to the Director of the Office of Management and Budget

30 a report on the results and findings under the program; and

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

32 (b) CONTENT.—The report shall include—

33 (1) a detailed description of the results of the program, as measured

34 by the criteria established for the program; and

35 (2) a discussion of legislation that the Administrator recommends,

36 or changes in regulations that the Administrator considers necessary,

37 to improve overall information resources management in the Federal

38 Government.

39 § 11504. Recommended legislation

40 If the Director of the Office of Management and Budget determines that

41 the results and findings under a pilot program under this chapter indicate
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1 that legislation is necessary or desirable to improve the process for acquisi2 tion of information technology, the Director shall transmit the Director’s

3 recommendations for that legislation to Congress.

4 § 11505. Rule of construction

5 This chapter does not authorize the appropriation or obligation of

6 amounts for the pilot programs authorized under this chapter.

7 SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

8 § 11521. Share-in-savings pilot program

9 (a) REQUIREMENT.—The Administrator for Federal Procurement Policy

10 may authorize the heads of two executive agencies to carry out a pilot pro11 gram to test the feasibility of—

12 (1) contracting on a competitive basis with a private sector source

13 to provide the Federal Government with an information technology so14 lution for improving mission-related or administrative processes of the

15 Federal Government; and

16 (2) paying the private sector source an amount equal to a portion

17 of the savings derived by the Federal Government from any improve18 ments in mission-related processes and administrative processes that

19 result from implementation of the solution.

20 (b) LIMITATIONS.—The head of an executive agency authorized to carry

21 out the pilot program may carry out one project and enter into not more

22 than five contracts for the project under the pilot program.

23 (c) SELECTION OF PROJECTS.—In consultation with the Administrator

24 for the Office of Information and Regulatory Affairs, the Administrator for

25 Federal Procurement Policy shall select the projects.

26 § 11522. Solutions-based contracting pilot program

27 (a) DEFINITION.—For purposes of this section, ‘‘solutions-based con28 tracting’’ is an acquisition method under which the acquisition objectives are

29 defined by the Federal Government user of the technology to be acquired,

30 a streamlined contractor selection process is used, and industry sources are

31 allowed to provide solutions that attain the objectives effectively.

32 (b) IN GENERAL.—The Administrator for Federal Procurement Policy

33 may authorize the head of an executive agency, in accordance with sub34 section (d), to carry out a pilot program to test the feasibility of using solu35 tions-based contracting for the acquisition of information technology.

36 (c) PROCESS REQUIREMENTS.—The Administrator shall require use of a

37 process with the following aspects for acquisitions under the pilot program:

38 (1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—Prepara39 tion of an acquisition plan that defines the functional requirements of

40 the intended users of the information technology to be acquired, identi41 fies the operational improvements to be achieved, and defines the per-
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1 formance measurements to be applied in determining whether the infor2 mation technology acquired satisfies the defined requirements and at3 tains the identified results.

4 (2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement

5 of work that is limited to an expression of the end results or perform6 ance capabilities desired under the acquisition plan.

7 (3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acqui8 sition organization consisting of the following:

9 (A) An acquisition management team, the members of which are

10 to be evaluated and rewarded under the pilot program for con11 tributions toward attainment of the desired results identified in

12 the acquisition plan.

13 (B) A small source selection team composed of representatives

14 of the specific mission or administrative area to be supported by

15 the information technology to be acquired, a contracting officer,

16 and individuals with relevant expertise.

17 (4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE

18 QUALIFICATIONS AND COSTS.—Use of source selection factors that

19 emphasize—

20 (A) the qualifications of the offeror, including personnel skills,

21 previous experience in providing other private or public sector or22 ganizations with solutions for attaining objectives similar to the

23 objectives of the acquisition, past contract performance, qualifica24 tions of the proposed program manager, and the proposed man25 agement plan; and

26 (B) the costs likely to be associated with the conceptual ap27 proach proposed by the offeror.

28 (5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—Open

29 availability of the following information to potential offerors:

30 (A) The agency mission to be served by the acquisition.

31 (B) The functional process to be performed by use of informa32 tion technology.

33 (C) The process improvements to be attained.

34 (6) SIMPLE SOLICITATION.—Use of a simple solicitation that sets

35 forth only the functional work description, the source selection factors

36 to be used in accordance with paragraph (4), the required terms and

37 conditions, instructions regarding submission of offers, and the esti38 mate of the Government’s budget for the desired work.

39 (7) SIMPLE PROPOSALS.—Submission of oral presentations and writ40 ten proposals that are limited in size and scope and contain informa41 tion on—
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1 (A) the offeror’s qualifications to perform the desired work;

2 (B) past contract performance;

3 (C) the proposed conceptual approach; and

4 (D) the costs likely to be associated with the proposed concep5 tual approach.

6 (8) SIMPLE EVALUATION.—Use of a simplified evaluation process, to

7 be completed within 45 days after receipt of proposals, that consists

8 of the following:

9 (A) Identification of the most qualified offerors that are within

10 the competitive range.

11 (B) Issuance of invitations for at least three and not more than

12 five of the identified offerors to make oral presentations to, and

13 engage in discussions with, the evaluating personnel regarding, for

14 each offeror—

15 (i) the qualifications of the offeror, including how the quali16 fications of the offeror relate to the approach proposed to be

17 taken by the offeror in the acquisition; and

18 (ii) the costs likely to be associated with the approach.

19 (C) Evaluation of the qualifications of the identified offerors

20 and the costs likely to be associated with the offerors’ proposals

21 on the basis of submissions required under the process and any

22 oral presentations made by, and any discussions with, the offerors.

23 (9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection process

24 consisting of the following:

25 (A) Identification of the most qualified sources, primarily on the

26 basis of the oral proposals, presentations, and discussions, and

27 written proposals, submitted in accordance with paragraph (7).

28 (B) A program definition phase of 30–60 days (or a longer pe29 riod the Administrator approves)—

30 (i) during which the sources identified under subparagraph

31 (A), in consultation with one or more intended users, develop

32 a conceptual system design and technical approach, define

33 logical phases for the project, and estimate the total cost and

34 the cost for each phase; and

35 (ii) after which a contract for performance of the work may

36 be awarded to the source whose offer is determined to be

37 most advantageous to the Government on the basis of cost,

38 the responsiveness, reasonableness, and quality of the pro39 posed performance, and a sharing of risk and benefits be40 tween the source and the Government.
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1 (C) As many successive program definition phases as necessary

2 to award a contract in accordance with subparagraph (B).

3 (10) SYSTEM IMPLEMENTATION PHASING.—System implementation

4 to be executed in phases that are tailored to the solution, with appro5 priate contract arrangements being used for various phases and activi6 ties.

7 (11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Gov8 ernment or the contractor to terminate the contract without penalty at

9 the end of any phase defined for the project.

10 (12) TIME MANAGEMENT DISCIPLINE.—Application of a standard for

11 awarding a contract within 105 to 120 days after issuance of the solici12 tation, except that the Administrator may approve the application of

13 a longer standard period.

14 (d) PILOT PROGRAM PROJECTS.—The Administrator shall authorize to be

15 carried out under the pilot program—

16 (1) not more than 10 projects, each of which has an estimated cost

17 of at least $25,000,000 and not more than $100,000,000; and

18 (2) not more than 10 projects for small business concerns, each of

19 which has an estimated cost of at least $1,000,000 and not more than

20 $5,000,000.

21 (e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller General

22 shall—

23 (1) monitor the conduct, and review the results, of acquisitions under

24 the pilot program; and

25 (2) submit to Congress periodic reports containing the views of the

26 Comptroller General on the activities, results, and findings under the

27 pilot program.

28 CHAPTER 117—ADDITIONAL INFORMATION RESOURCES

29 MANAGEMENT MATTERS

Sec.

11701. On-line multiple award schedule contracting.

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.

30 § 11701. On-line multiple award schedule contracting

31 (a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—To

32 provide for the economic and efficient procurement of information tech33 nology and other commercial items, the Administrator of General Services

34 shall provide Federal Government-wide on-line computer access to informa35 tion on products and services that are available for ordering through the

36 multiple award schedules.
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1 (b) REQUIREMENTS.—The system for providing on-line computer access

2 shall—

3 (1) have the capability to—

4 (A) provide basic information on prices, features, and perform5 ance of all products and services available for ordering through the

6 multiple award schedules;

7 (B) provide for updating that information to reflect changes in

8 prices, features, and performance as soon as information on the

9 changes becomes available; and

10 (C) enable users to make on-line computer comparisons of the

11 prices, features, and performance of similar products and services

12 offered by various vendors; and

13 (2) be used to place orders under the multiple award schedules in

14 a fiscal year for an amount equal to at least 60 percent of the total

15 amount spent for all orders under the multiple award schedules in that

16 fiscal year.

17 (c) STREAMLINED PROCEDURES.—

18 (1) PILOT PROGRAM.—On certification by the Administrator of Gen19 eral Services that the system for providing on-line computer access

20 meets the requirements of subsection (b)(1) and was used as required

21 by subsection (b)(2) in the fiscal year preceding the fiscal year in which

22 the certification is made, the Administrator for Federal Procurement

23 Policy may establish a pilot program to test streamlined procedures for

24 the procurement of information technology products and services avail25 able for ordering through the multiple award schedules.

26 (2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—

27 Except as provided in paragraph (4), the pilot program shall be appli28 cable to all multiple award schedule contracts for the purchase of infor29 mation technology and shall test the following procedures:

30 (A) A procedure under which negotiation of the terms and con31 ditions for a covered multiple award schedule contract is limited

32 to terms and conditions other than price.

33 (B) A procedure under which the vendor establishes the prices

34 under a covered multiple award schedule contract and may adjust

35 those prices at any time in the discretion of the vendor.

36 (C) A procedure under which a covered multiple award schedule

37 contract is awarded to any responsible offeror that—

38 (i) has a suitable record of past performance, which may

39 include past performance on multiple award schedule con40 tracts;
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1 (ii) agrees to terms and conditions that the Administrator

2 for Federal Procurement Policy determines are required by

3 law or are appropriate for the purchase of commercial items;

4 and

5 (iii) agrees to establish and update prices, features, and

6 performance and to accept orders electronically through the

7 automated system established pursuant to subsection (a).

8 (3) COMPTROLLER GENERAL REVIEW AND REPORT.—

9 (A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—

10 Not later than three years after the date on which the pilot pro11 gram is established, the Comptroller General shall review the pilot

12 program and report to Congress on the results of the pilot pro13 gram.

14 (B) CONTENT OF REPORT.—The report shall include the fol15 lowing:

16 (i) An evaluation of the extent to which there is competi17 tion for the orders placed under the pilot program.

18 (ii) The effect that the streamlined procedures under the

19 pilot program have on prices charged under multiple award

20 schedule contracts.

21 (iii) The effect that those procedures have on paperwork

22 requirements for multiple award schedule contracts and or23 ders.

24 (iv) The impact of the pilot program on small businesses

25 and socially and economically disadvantaged small businesses.

26 (4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM

27 PILOT PROGRAM.—

28 (A) WHEN ALLOWED.—The Administrator for Federal Procure29 ment Policy may withdraw a multiple award schedule or portion

30 of a schedule from the pilot program if the Administrator deter31 mines that—

32 (i) price competition is not available under that schedule or

33 portion of that schedule; or

34 (ii) the cost to the Government for that schedule or portion

35 for the previous year was higher than it would have been if

36 the contract for that schedule or portion had been awarded

37 using procedures that would apply if the pilot program were

38 not in effect.

39 (B) NOTICE.—The Administrator for Federal Procurement Pol40 icy shall notify Congress at least 30 days before the date on which
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1 the Administrator withdraws a schedule or portion under this

2 paragraph.

3 (C) AUTHORITY NOT DELEGABLE.—The authority under this

4 paragraph may not be delegated.

5 (5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized by law,

6 the authority of the Administrator for Federal Procurement Policy to

7 award contracts under the pilot program shall expire four years after

8 the date on which the pilot program is established. A contract entered

9 into before the authority expires remains in effect according to the

10 terms of the contract after the expiration of the authority to award new

11 contracts under the pilot program.

12 § 11702. Identification of excess and surplus computer

13 equipment

14 In accordance with chapter 5 of this title, the head of an executive agency

15 shall maintain an inventory of all computer equipment under the control of

16 that official that is excess or surplus property.

17 § 11703. Index of certain information in information systems

18 included in directory established under section

19 4101 of title 44

20 If in designing an information technology system pursuant to this sub21 title, the head of an executive agency determines that a purpose of the sys22 tem is to disseminate information to the public, then the head of that execu23 tive agency shall reasonably ensure that an index of information dissemi24 nated by the system is included in the directory created pursuant to section

25 4101 of title 44. This section does not authorize the dissemination of infor26 mation to the public unless otherwise authorized.

27 § 11704. Procurement procedures

28 To the maximum extent practicable, the Federal Acquisition Regulatory

29 Council shall ensure that the process for acquisition of information tech30 nology is a simplified, clear, and understandable process that specifically ad31 dresses the management of risk, incremental acquisitions, and the need to

32 incorporate commercial information technology in a timely manner.

33 SUBTITLE IV—APPALACHIAN REGIONAL

34 DEVELOPMENT

CHAPTER Sec.

141. GENERAL PROVISIONS .............................................................................. 14101

143. APPALACHIAN REGIONAL COMMISSION ............................................... 14301

145. SPECIAL APPALACHIAN PROGRAMS ...................................................... 14501

147. MISCELLANEOUS ......................................................................................... 14701

35 CHAPTER 141—GENERAL PROVISIONS

Sec.

14101. Findings and purposes.

14102. Definitions.
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1 § 14101. Findings and purposes

2 (a) 1965 FINDINGS AND PURPOSE.—

3 (1) FINDINGS.—Congress finds and declares that the Appalachian

4 region of the United States, while abundant in natural resources and

5 rich in potential, lags behind the rest of the Nation in its economic

6 growth and that its people have not shared properly in the Nation’s

7 prosperity. The region’s uneven past development, with its historical re8 liance on a few basic industries and a marginal agriculture, has failed

9 to provide the economic base that is a vital prerequisite for vigorous,

10 self-sustaining growth. State and local governments and the people of

11 the region understand their problems and have been working, and will

12 continue to work, purposefully toward their solution. Congress recog13 nizes the comprehensive report of the President’s Appalachian Regional

14 Commission documenting these findings and concludes that regionwide

15 development is feasible, desirable, and urgently needed.

16 (2) PURPOSE.—It is the purpose of this subtitle to assist the region

17 in meeting its special problems, to promote its economic development,

18 and to establish a framework for joint federal and state efforts toward

19 providing the basic facilities essential to its growth and attacking its

20 common problems and meeting its common needs on a coordinated and

21 concerted regional basis. The public investments made in the region

22 under this subtitle shall be concentrated in areas where there is a sig23 nificant potential for future growth and where the expected return on

24 public dollars invested will be the greatest. States will be responsible

25 for recommending local and state projects within their borders that will

26 receive assistance under this subtitle. As the region obtains the needed

27 physical and transportation facilities and develops its human resources,

28 Congress expects that the region will generate a diversified industry

29 and that the region will then be able to support itself through the

30 workings of a strengthened free enterprise economy.

31 (b) 1975 FINDINGS AND PURPOSE.—

32 (1) FINDINGS.—Congress further finds and declares that while sub33 stantial progress has been made toward achieving the purposes set out

34 in subsection (a), especially with respect to the provision of essential

35 public facilities, much remains to be accomplished, especially with re36 spect to the provision of essential health, education, and other public

37 services. Congress recognizes that changes and evolving national pur38 poses in the decade since 1965 affect not only the Appalachian region

39 but also its relationship to a nation that on December 31, 1975, is as40 signing higher priority to conservation and the quality of life, values

41 long cherished within the region. Appalachia as of December 31, 1975,
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1 has the opportunity, in accommodating future growth and development,

2 to demonstrate local leadership and coordinated planning so that hous3 ing, public services, transportation and other community facilities will

4 be provided in a way congenial to the traditions and beauty of the re5 gion and compatible with conservation values and an enhanced quality

6 of life for the people of the region, and consistent with that goal, the

7 Appalachian region should be able to take advantage of eco-industrial

8 development, which promotes both employment and economic growth

9 and the preservation of natural resources. Congress recognizes also

10 that fundamental changes are occurring in national energy require11 ments and production, which not only risk short-term dislocations but

12 will undoubtedly result in major long-term effects in the region. It is

13 essential that the opportunities for expanded energy production be used

14 so as to maximize the social and economic benefits and minimize the

15 social and environmental costs to the region and its people.

16 (2) PURPOSE.—It is also the purpose of this subtitle to provide a

17 framework for coordinating federal, state and local efforts toward—

18 (A) anticipating the effects of alternative energy policies and

19 practices;

20 (B) planning for accompanying growth and change so as to

21 maximize the social and economic benefits and minimize the social

22 and environmental costs; and

23 (C) implementing programs and projects carried out in the re24 gion by federal, state, and local governmental agencies so as to

25 better meet the special problems generated in the region by the

26 Nation’s energy needs and policies, including problems of trans27 portation, housing, community facilities, and human services.

28 (c) 1998 FINDINGS AND PURPOSE.—

29 (1) FINDINGS.—Congress further finds and declares that while sub30 stantial progress has been made in fulfilling many of the objectives of

31 this subtitle, rapidly changing national and global economies over the

32 decade ending November 13, 1998, have created new problems and

33 challenges for rural areas throughout the United States and especially

34 for the Appalachian region.

35 (2) PURPOSE.—In addition to the purposes stated in subsections (a)

36 and (b), it is the purpose of this subtitle—

37 (A) to assist the Appalachian region in—

38 (i) providing the infrastructure necessary for economic and

39 human resource development;

40 (ii) developing the region’s industry;

41 (iii) building entrepreneurial communities;
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1 (iv) generating a diversified regional economy; and

2 (v) making the region’s industrial and commercial re3 sources more competitive in national and world markets;

4 (B) to provide a framework for coordinating federal, state, and

5 local initiatives to respond to the economic competitiveness chal6 lenges in the Appalachian region through—

7 (i) improving the skills of the region’s workforce;

8 (ii) adapting and applying new technologies for the region’s

9 businesses, including eco-industrial development technologies;

10 and

11 (iii) improving the access of the region’s businesses to the

12 technical and financial resources necessary to development of

13 the businesses; and

14 (C) to address the needs of severely and persistently distressed

15 areas of the Appalachian region and focus special attention on the

16 areas of greatest need so as to provide a fairer opportunity for the

17 people of the region to share the quality of life generally enjoyed

18 by citizens across the United States.

19 § 14102. Definitions

20 (a) DEFINITIONS.—In this subtitle—

21 (1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ means

22 that area of the eastern United States consisting of the following coun23 ties (including any political subdivision located within the area):

24 (A) In Alabama, the counties of Bibb, Blount, Calhoun, Cham25 bers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman,

26 De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jef27 ferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madi28 son, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair,

29 Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.

30 (B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll,

31 Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert,

32 Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett,

33 Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin,

34 Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens,

35 Towns, Union, Walker, White, and Whitfield.

36 (C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,

37 Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,

38 Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,

39 Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel,

40 Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madi41 son, Magoffin, Martin, Menifee, Monroe, Montgomery, Morgan,
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1 Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell,

2 Wayne, Whitley, and Wolfe.

3 (D) In Maryland, the counties of Allegany, Garrett, and Wash4 ington.

5 (E) In Mississippi, the counties of Alcorn, Benton, Calhoun,

6 Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes,

7 Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola,

8 Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston,

9 and Yalobusha.

10 (F) In New York, the counties of Allegany, Broome,

11 Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Dela12 ware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.

13 (G) In North Carolina, the counties of Alexander, Alleghany,

14 Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,

15 Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,

16 Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,

17 Transylvania, Watauga, Wilkes, Yadkin, and Yancey.

18 (H) In Ohio, the counties of Adams, Athens, Belmont, Brown,

19 Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har20 rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,

21 Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,

22 Scioto, Tuscarawas, Vinton, and Washington.

23 (I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea24 ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,

25 Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk,

26 Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jef27 ferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming,

28 McKean, Mercer, Mifflin, Monroe, Montour, Northumberland,

29 Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Sus30 quehanna, Tioga, Union, Venango, Warren, Washington, Wayne,

31 Westmoreland, and Wyoming.

32 (J) In South Carolina, the counties of Anderson, Cherokee,

33 Greenville, Oconee, Pickens, and Spartanburg.

34 (K) In Tennessee, the counties of Anderson, Bledsoe, Blount,

35 Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof36 fee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,

37 Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer38 son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs,

39 Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,

40 Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van

41 Buren, Warren, Washington, and White.
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1 (L) In Virginia, the counties of Alleghany, Bath, Bland,

2 Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,

3 Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Rus4 sell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

5 (M) All the counties of West Virginia.

6 (2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development

7 district’’ means any of the following entities for which the Governor of

8 the State in which the entity is located, or the appropriate state officer,

9 certifies to the Appalachian Regional Commission that the entity has

10 a charter or authority that includes the economic development of coun11 ties or parts of counties or other political subdivisions within the re12 gion:

13 (A) a nonprofit incorporated body organized or chartered under

14 the law of the State in which it is located.

15 (B) a nonprofit agency or instrumentality of a state or local

16 government.

17 (C) a nonprofit agency or instrumentality created through an

18 interstate compact.

19 (D) a nonprofit association or combination of bodies, agencies,

20 and instrumentalities described in this paragraph.

21 (b) CHANGE IN DEFINITION.—The Commission may not propose or con22 sider a recommendation for any change in the definition of the Appalachian

23 region as set forth in this section without a prior resolution by the Com24 mittee on Environment and Public Works of the Senate or the Committee

25 on Transportation and Infrastructure of the House of Representatives that

26 directs a study of the change.

27 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.

28 SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

29 § 14301. Establishment, membership, and employees

30 (a) ESTABLISHMENT.—There is an Appalachian Regional Commission.

31 (b) MEMBERSHIP.—
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1 (1) FEDERAL AND STATE MEMBERS.—The Commission is composed

2 of the Federal Cochairman, appointed by the President by and with the

3 advice and consent of the Senate, and the Governor of each partici4 pating State in the Appalachian region.

5 (2) ALTERNATE MEMBERS.—Each state member may have a single

6 alternate, appointed by the Governor from among the members of the

7 Governor’s cabinet or the Governor’s personal staff. The President, by

8 and with the advice and consent of the Senate, shall appoint an alter9 nate for the Federal Cochairman. An alternate shall vote in the event

10 of the absence, death, disability, removal, or resignation of the member

11 for whom the individual is an alternate. A state alternate shall not be

12 counted toward the establishment of a quorum of the Commission when

13 a quorum of the state members is required.

14 (3) COCHAIRMEN.—The Federal Cochairman is one of the two Co15 chairmen of the Commission. The state members shall elect a Cochair16 man of the Commission from among themselves for a term of not less

17 than one year.

18 (c) COMPENSATION.—The Federal Cochairman shall be compensated by

19 the Federal Government at level III of the Executive Schedule as set out

20 in section 5314 of title 5. The Federal Cochairman’s alternate shall be com21 pensated by the Government at level V of the Executive Schedule as set out

22 in section 5316 of title 5. Each state member and alternate shall be com23 pensated by the State which they represent at the rate established by law

24 of that State.

25 (d) DELEGATION.—

26 (1) POWERS AND RESPONSIBILITIES.—Commission powers and re27 sponsibilities specified in section 14302(c) and (d) of this title, and the

28 vote of any Commission member, may not be delegated to an individual

29 who is not a Commission member or who is not entitled to vote in

30 Commission meetings.

31 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Fed32 eral Cochairman shall perform the functions and duties the Federal Co33 chairman delegates when not actively serving as the alternate.

34 (e) EXECUTIVE DIRECTOR.—The Commission has an executive director.

35 The executive director is responsible for carrying out the administrative

36 functions of the Commission, for directing the Commission staff, and for

37 other duties the Commission may assign.

38 (f) STATUS OF PERSONNEL.—Members, alternates, officers, and employ39 ees of the Commission are not federal employees for any purpose, except

40 the Federal Cochairman, the alternate to the Federal Cochairman, the staff
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1 of the Federal Cochairman, and federal employees detailed to the Commis2 sion under section 14306(a)(3) of this title.

3 § 14302. Decisions

4 (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section

5 14306(d) of this title, decisions by the Appalachian Regional Commission

6 require the affirmative vote of the Federal Cochairman and of a majority

7 of the state members, exclusive of members representing States delinquent

8 under section 14306(d).

9 (b) CONSULTATION.—In matters coming before the Commission, the Fed10 eral Cochairman, to the extent practicable, shall consult with the federal de11 partments and agencies having an interest in the subject matter.

12 (c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision

13 involving Commission policy, approval of state, regional or subregional de14 velopment plans or strategy statements, modification or revision of the Ap15 palachian Regional Commission Code, allocation of amounts among the

16 States, or designation of a distressed county or an economically strong

17 county shall not be made without a quorum of state members.

18 (d) PROJECT AND GRANT PROPOSALS.—The approval of project and

19 grant proposals is a responsibility of the Commission and shall be carried

20 out in accordance with section 14322 of this title.

21 § 14303. Functions

22 (a) IN GENERAL.—In carrying out the purposes of this subtitle, the Ap23 palachian Regional Commission shall—

24 (1) develop, on a continuing basis, comprehensive and coordinated

25 plans and programs and establish priorities under those plans and pro26 grams, giving due consideration to other federal, state, and local plan27 ning in the Appalachian region;

28 (2) conduct and sponsor investigations, research, and studies, includ29 ing an inventory and analysis of the resources of the region, and, in

30 cooperation with federal, state, and local agencies, sponsor demonstra31 tion projects designed to foster regional productivity and growth;

32 (3) review and study, in cooperation with the agency involved, fed33 eral, state, and local public and private programs and, where appro34 priate, recommend modifications or additions which will increase their

35 effectiveness in the region;

36 (4) formulate and recommend, where appropriate, interstate com37 pacts and other forms of interstate cooperation and work with state

38 and local agencies in developing appropriate model legislation;

39 (5) encourage the formation of, and support, local development dis40 tricts;
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1 (6) encourage private investment in industrial, commercial, and rec2 reational projects;

3 (7) serve as a focal point and coordinating unit for Appalachian pro4 grams;

5 (8) provide a forum for consideration of problems of the region and

6 proposed solutions and establish and utilize, as appropriate, citizens

7 and special advisory councils and public conferences;

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

9 approaches; and

10 (10) seek to coordinate the economic development activities of, and

11 the use of economic development resources by, federal agencies in the

12 region.

13 (b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying

14 out its functions under this section, the Commission shall identify the char15 acteristics of, and may distinguish between the needs and goals of, appro16 priate subregional areas, including central, northern, and southern Appa17 lachia.

18 § 14304. Recommendations

19 The Appalachian Regional Commission may make recommendations to

20 the President and to the Governors and appropriate local officials with re21 spect to—

22 (1) the expenditure of amounts by federal, state, and local depart23 ments and agencies in the Appalachian region in the fields of natural

24 resources, agriculture, education, training, and health and welfare and

25 in other fields related to the purposes of this subtitle; and

26 (2) additional federal, state, and local legislation or administrative

27 actions as the Commission considers necessary to further the purposes

28 of this subtitle.

29 § 14305. Liaison between Federal Government and Commis30 sion

31 (a) PRESIDENT.—The President shall provide effective and continuing li32 aison between the Federal Government and the Appalachian Regional Com33 mission and a coordinated review within the Government of the plans and

34 recommendations submitted by the Commission pursuant to sections 14303

35 and 14304 of this title.

36 (b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In car37 rying out subsection (a), the President shall establish the Interagency Co38 ordinating Council on Appalachia, to be composed of the Federal Cochair39 man and representatives of federal agencies that carry out economic devel40 opment programs in the Appalachian region. The Federal Cochairman is the

41 Chairperson of the Council.
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1 § 14306. Administrative powers and expenses

2 (a) POWERS.—To carry out its duties under this subtitle, the Appa3 lachian Regional Commission may—

4 (1) adopt, amend, and repeal bylaws and regulations governing the

5 conduct of its business and the performance of its functions;

6 (2) appoint and fix the compensation of an executive director and

7 other personnel as necessary to enable the Commission to carry out its

8 functions, except that the compensation shall not exceed the maximum

9 rate of basic pay for the Senior Executive Service under section 5382

10 of title 5, including any applicable locality-based comparability payment

11 that may be authorized under section 5304(h)(2)(C) of title 5;

12 (3) request the head of any federal department or agency to detail

13 to temporary duty with the Commission personnel within the adminis14 trative jurisdiction of the head of the department or agency that the

15 Commission may need for carrying out its functions, each detail to be

16 without loss of seniority, pay, or other employee status;

17 (4) arrange for the services of personnel from any state or local gov18 ernment, subdivision or agency of a state or local government, or inter19 governmental agency;

20 (5)(A) make arrangements, including contracts, with any partici21 pating state government for inclusion in a suitable retirement and em22 ployee benefit system of Commission personnel who may not be eligible

23 for, or continue in, another governmental retirement or employee ben24 efit system; or

25 (B) otherwise provide for coverage of its personnel;

26 (6) accept, use, and dispose of gifts or donations of services or any

27 property;

28 (7) enter into and perform contracts, leases (including the lease of

29 office space for any term), cooperative agreements, or other trans30 actions, necessary in carrying out its functions, on terms as it may con31 sider appropriate, with any—

32 (A) department, agency, or instrumentality of the Federal Gov33 ernment;

34 (B) State or political subdivision, agency, or instrumentality of

35 a State; or

36 (C) person;

37 (8) maintain a temporary office in the District of Columbia and es38 tablish a permanent office at a central and appropriate location it may

39 select and field offices at other places it may consider appropriate; and

40 (9) take other actions and incur other expenses as may be necessary

41 or appropriate.
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1 (b) AUTHORIZATIONS.—

2 (1) DETAIL EMPLOYEES.—The head of a federal department or

3 agency may detail personnel under subsection (a)(3).

4 (2) ENTER INTO AND PERFORM TRANSACTIONS.—A department,

5 agency, or instrumentality of the Government, to the extent not other6 wise prohibited by law, may enter into and perform a contract, lease,

7 cooperative agreement, or other transaction under subsection (a)(7).

8 (c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di9 rector of the Office of Personnel Management may contract with the Com10 mission for continued coverage of Commission employees, if the employees

11 are federal employees when they begin Commission employment, in the re12 tirement program and other employee benefit programs of the Government.

13 (d) EXPENSES.—Administrative expenses of the Commission shall be paid

14 equally by the Government and the States in the Appalachian region, except

15 that the expenses of the Federal Cochairman, the alternate to the Federal

16 Cochairman, and the staff of the Federal Cochairman shall be paid only by

17 the Government. The Commission shall determine the amount to be paid

18 by each State. The Federal Cochairman shall not participate or vote in that

19 determination. Assistance authorized by this subtitle shall not be furnished

20 to any State or to any political subdivision or any resident of any State,

21 and a state member of the Commission shall not participate or vote in any

22 decision by the Commission, while the State is delinquent in payment of its

23 share of administrative expenses.

24 § 14307. Meetings

25 (a) IN GENERAL.—The Appalachian Regional Commission shall conduct

26 at least one meeting each year with the Federal Cochairman and at least

27 a majority of the state members present.

28 (b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission

29 may conduct additional meetings by electronic means as the Commission

30 considers advisable, including meetings to decide matters requiring an af31 firmative vote.

32 § 14308. Information

33 (a) ACTIONS OF COMMISSION.—To obtain information needed to carry

34 out its duties, the Appalachian Regional Commission shall—

35 (1) hold hearings, sit and act at times and places, take testimony,

36 receive evidence, and print or otherwise reproduce and distribute so

37 much of its proceedings and reports on the proceedings as the Commis38 sion may deem advisable;

39 (2) arrange for the head of any federal, state, or local department

40 or agency to furnish to the Commission information as may be avail41 able to or procurable by the department or agency; and
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1 (3) keep accurate and complete records of its doings and trans2 actions which shall be made available for—

3 (A) public inspection; and

4 (B) audit and examination by the Comptroller General or an au5 thorized representative of the Comptroller General.

6 (b) AUTHORIZATIONS.—

7 (1) ADMINISTER OATHS.—A Cochairman of the Commission, or any

8 member of the Commission designated by the Commission, may admin9 ister oaths when the Commission decides that testimony shall be taken

10 or evidence received under oath.

11 (2) FURNISH INFORMATION.—The head of any federal, state, or local

12 department or agency, to the extent not otherwise prohibited by law,

13 may carry out section (a)(2).

14 (c) PUBLIC PARTICIPATION.—Public participation in the development, re15 vision, and implementation of all plans and programs under this subtitle by

16 the Commission, any State, or any local development district shall be pro17 vided for, encouraged, and assisted. The Commission shall develop and pub18 lish regulations specifying minimum guidelines for public participation, in19 cluding public hearings.

20 § 14309. Personal financial interests

21 (a) CONFLICT OF INTEREST.—

22 (1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an

23 individual who is a state member or alternate, or an officer or employee

24 of the Appalachian Regional Commission, shall not participate person25 ally and substantially as a member, alternate, officer, or employee in

26 any way in any particular matter in which, to the individual’s knowl27 edge, any of the following has a financial interest:

28 (A) the individual.

29 (B) the individual’s spouse, minor child, or partner.

30 (C) an organization (except a State or political subdivision of

31 a State) in which the individual is serving as an officer, director,

32 trustee, partner, or employee.

33 (D) any person or organization with whom the individual—

34 (i) is serving as an officer, director, trustee, partner, or em35 ployee; or

36 (ii) is negotiating or has any arrangement concerning pro37 spective employment.

38 (2) EXCEPTION.—Paragraph (1) does not apply if the individual

39 first advises the Commission of the nature and circumstances of the

40 particular matter and makes full disclosure of the financial interest and

41 receives in advance a written decision of the Commission that the inter-
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1 est is not so substantial as to be considered likely to affect the integrity

2 of the services which the Commission may expect from the individual.

3 (3) CRIMINAL PENALTY.—An individual violating this subsection

4 shall be fined under title 18, imprisoned for not more than two years,

5 or both.

6 (b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—

7 (1) STATE MEMBER OR ALTERNATE.—A state member or alternate

8 may not receive any salary, or any contribution to, or supplementation

9 of, salary, for services on the Commission from a source other than the

10 State of the member or alternate.

11 (2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed

12 to serve the Commission under section 14306(a)(4) of this title may

13 not receive any salary, or any contribution to, or supplementation of,

14 salary, for services on the Commission from a source other than the

15 state, local, or intergovernmental department or agency from which the

16 individual was detailed or from the Commission.

17 (3) CRIMINAL PENALTY.—An individual violating this subsection

18 shall be fined under title 18, imprisoned for not more than one year,

19 or both.

20 (c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND

21 FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al22 ternate to the Federal Cochairman, and any federal officer or employee de23 tailed to duty with the Commission under section 14306(a)(3) of this title

24 are not subject to this section but remain subject to sections 202–209 of

25 title 18.

26 (d) RESCISSION.—The Commission may declare void and rescind any con27 tract, loan, or grant of or by the Commission in relation to which it finds

28 that there has been a violation of subsection (a)(1) or (b) of this section

29 or any of the provisions of sections 202–209 of title 18.

30 § 14310. Annual report

31 Not later than six months after the close of each fiscal year, the Appa32 lachian Regional Commission shall prepare and submit to the Governor of

33 each State in the Appalachian region and to the President, for transmittal

34 to Congress, a report on the activities carried out under this subtitle during

35 the fiscal year.

36 SUBCHAPTER II—FINANCIAL ASSISTANCE

37 § 14321. Grants and other assistance

38 (a) AUTHORIZATION TO MAKE GRANTS.—

39 (1) IN GENERAL.—The Appalachian Regional Commission may make

40 grants—
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1 (A) for administrative expenses, including the development of

2 areawide plans or action programs and technical assistance activi3 ties, of local development districts, but—

4 (i) the amount of a grant shall not exceed 50 percent of

5 administrative expenses or, at the discretion of the Commis6 sion, 75 percent of administrative expenses if the grant is to

7 a local development district that has a charter or authority

8 that includes the economic development of a county or part

9 of a county for which a distressed county designation is in ef10 fect under section 14526 of this title;

11 (ii) grants for administrative expenses shall not be made

12 for a state agency certified as a local development district for

13 a period of more than three years beginning on the date the

14 initial grant is made for the development district; and

15 (iii) the local development district contributions for admin16 istrative expenses may be in cash or in kind, fairly evaluated,

17 including space, equipment, and services;

18 (B) for assistance to States for a period of not more than two

19 years to strengthen the state development planning process for the

20 Appalachian region and the coordination of state planning under

21 this subtitle, the Public Works and Economic Development Act of

22 1965 (42 U.S.C. 3121 et seq.), and other federal and state pro23 grams; and

24 (C) for investigation, research, studies, evaluations, and assess25 ments of needs, potentials, or attainments of the people of the re26 gion, technical assistance, training programs, demonstrations, and

27 the construction of necessary facilities incident to those activities,

28 which will further the purposes of this subtitle.

29 (2) LIMITATION ON AVAILABLE AMOUNTS.—

30 (A) IN GENERAL.—Except as provided in subparagraph (B), not

31 more than 50 percent (or 80 percent in the case of a project to

32 be carried out in a county for which a distressed county designa33 tion is in effect under section 14526 of this title) of the cost of

34 any activity eligible for financial assistance under this section may

35 be provided from amounts appropriated to carry out this subtitle.

36 (B) DISCRETIONARY GRANTS.—

37 (i) GRANTS TO WHICH PERCENTAGE LIMITATION DOESN’T

38 APPLY.—Discretionary grants made by the Commission to

39 implement significant regional initiatives, to take advantage

40 of special development opportunities, or to respond to emer41 gency economic distress in the region may be made without
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1 regard to the percentage limitations specified in subparagraph

2 (A).

3 (ii) LIMITATION ON AGGREGATE AMOUNT.—For each fiscal

4 year, the aggregate amount of discretionary grants referred

5 to in clause (i) shall not be more than 10 percent of the

6 amount appropriated under section 14703 of this title for the

7 fiscal year.

8 (3) SOURCES OF GRANTS.—Grant amounts may be provided entirely

9 from appropriations to carry out this section, in combination with

10 amounts available under other federal or federal grant programs, or

11 from any other source.

12 (4) FEDERAL SHARE.—Notwithstanding any law limiting the federal

13 share in any other federal or federal grant program, amounts appro14 priated to carry out this section may be used to increase that federal

15 share, as the Commission decides is appropriate.

16 (b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOP17 MENT.—

18 (1) IN GENERAL.—The Commission may provide assistance under

19 this section for demonstrations of enterprise development, including site

20 acquisition or development where necessary for the feasibility of the

21 project, in connection with the development of the region’s energy re22 sources and the development and stimulation of indigenous arts and

23 crafts of the region.

24 (2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the pur25 poses of this subtitle and in implementing this section, the Secretary

26 of Energy, the Environmental Protection Agency, and other federal

27 agencies shall cooperate with the Commission and shall provide assist28 ance that the Federal Cochairman may request.

29 (3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—

30 (A) $3,000,000 shall be obligated for energy resource related

31 demonstrations; and

32 (B) $2,500,000 shall be obligated for indigenous arts and crafts

33 demonstrations.

34 (c) RECORDS.—

35 (1) COMMISSION.—The Commission, as required by the President,

36 shall maintain accurate and complete records of transactions and ac37 tivities financed with federal amounts and report to the President on

38 the transactions and activities. The records of the Commission with re39 spect to grants are available for audit by the President and the Comp40 troller General.
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1 (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of federal as2 sistance under this section, as required by the Commission, shall main3 tain accurate and complete records of transactions and activities fi4 nanced with federal amounts and report to the Commission on the

5 transactions and activities. The records are be available for audit by

6 the President, the Comptroller General, and the Commission.

7 § 14322. Approval of development plans, strategy state8 ments, and projects

9 (a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian Re10 gional Commission annually shall review and approve, in accordance with

11 section 14302 of this title, state and regional development plans and strat12 egy statements, and any multistate subregional plans which may be devel13 oped.

14 (b) APPLICATION PROCESS.—An application for a grant or for other as15 sistance for a specific project under this subtitle shall be made through the

16 state member of the Commission representing the applicant. The state

17 member shall evaluate the application for approval. To be approved, the

18 state member must certify, and the Federal Cochairman must determine,

19 that the application—

20 (1) implements the Commission-approved state development plan;

21 (2) is included in the Commission-approved strategy statement;

22 (3) adequately ensures that the project will be properly administered,

23 operated, and maintained; and

24 (4) otherwise meets the requirements for assistance under this sub25 title.

26 (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the appro27 priate state development plan and strategy statement are approved, certifi28 cation by a state member, when joined by an affirmative vote of the Federal

29 Cochairman, is deemed to satisfy the requirements for affirmative votes for

30 decisions under section 14302(a) of this title.

31 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.

14522. Consent of States.

14523. Program implementation.

14524. Program development criteria.
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14525. State development planning process.

14526. Distressed and economically strong counties.

1 SUBCHAPTER I—PROGRAMS

2 § 14501. Appalachian development highway system

3 (a) PURPOSE.—To provide a highway system which, in conjunction with

4 the Interstate System and other Federal-aid highways in the Appalachian

5 region, will open up an area with a developmental potential where commerce

6 and communication have been inhibited by lack of adequate access, the Sec7 retary of Transportation may assist in the construction of an Appalachian

8 development highway system and local access roads serving the Appalachian

9 region. Construction on the development highway system shall not be more

10 than 3,025 miles. There shall not be more than 1,400 miles of local access

11 roads that serve specific recreational, residential, educational, commercial,

12 industrial, or similar facilities or facilitate a school consolidation program.

13 (b) COMMISSION DESIGNATIONS.—

14 (1) WHAT IS TO BE DESIGNATED.—The Appalachian Regional Com15 mission shall transmit to the Secretary its designations of—

16 (A) the general corridor location and termini of the development

17 highways;

18 (B) local access roads to be constructed;

19 (C) priorities for the construction of segments of the develop20 ment highways; and

21 (D) other criteria for the program authorized by this section.

22 (2) STATE TRANSPORTATION DEPARTMENT RECOMMENDATION RE23 QUIRED.—Before a state member participates in or votes on designa24 tions, the member must obtain the recommendations of the state trans25 portation department of the State which the member represents.

26 (c) ADDITION TO FEDERAL-AID PRIMARY SYSTEM.—When completed,

27 each development highway not already on the Federal-aid primary system

28 shall be added to the system.

29 (d) USE OF SPECIFIC MATERIALS AND PRODUCTS.—

30 (1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construction of

31 highways and roads authorized under this section, a State may give

32 special preference to the use of materials and products indigenous to

33 the Appalachian region.

34 (2) COAL DERIVATIVES.—For research and development in the use

35 of coal and coal products in highway construction and maintenance, the

36 Secretary may require each participating State, to the maximum extent

37 possible, to use coal derivatives in the construction of not more than

38 10 percent of the roads authorized under this subtitle.
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1 (e) FEDERAL SHARE.—Federal assistance to any construction project

2 under this section shall not be more than 80 percent of the cost of the

3 project.

4 (f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—

5 (1) PAYMENT OF FEDERAL SHARE.—When a participating State

6 constructs a segment of a development highway without the aid of fed7 eral amounts and the construction is in accordance with all procedures

8 and requirements applicable to the construction of segments of Appa9 lachian development highways with those amounts, except for proce10 dures and requirements that limit a State to the construction of

11 projects for which federal amounts have previously been appropriated,

12 the Secretary, on application by the State and with the approval of the

13 Commission, may pay to the State the federal share, which shall not

14 be more than 80 percent of the cost of the construction of the segment,

15 from any amounts appropriated and allocated to the State to carry out

16 this section.

17 (2) NO COMMITMENT OR OBLIGATION.—This subsection does not

18 commit or obligate the Federal Government to provide amounts for

19 segments of development highways constructed under this subsection.

20 (g) APPLICATION OF TITLE 23.—

21 (1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of title 23

22 apply to the development highway system and the local access roads.

23 (2) CONSTRUCTION AND MAINTENANCE.—States are required to

24 maintain each development highway and local access road as provided

25 for Federal-aid highways in title 23. All other provisions of title 23 that

26 are applicable to the construction and maintenance of Federal-aid pri27 mary and secondary highways and which the Secretary decides are not

28 inconsistent with this subtitle shall apply to the system and roads, re29 spectively.

30 § 14502. Demonstration health projects

31 (a) PURPOSE.—To demonstrate the value of adequate health facilities and

32 services to the economic development of the Appalachian region, the Sec33 retary of Health and Human Services may make grants for the planning,

34 construction, equipment, and operation of multi-county demonstration

35 health, nutrition, and child care projects, including hospitals, regional health

36 diagnostic and treatment centers, and other facilities and services necessary

37 for the purposes of this section.

38 (b) PLANNING GRANTS.—

39 (1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—The

40 Secretary may provide amounts to the Appalachian Regional Commis41 sion for the support of its Health Advisory Committee and may make
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1 grants for expenses of planning necessary for the development and op2 eration of demonstration health projects for the region.

3 (2) LIMITATION ON AVAILABLE AMOUNTS.—The amount of a grant

4 under this section for planning shall not be more than 75 percent of

5 expenses.

6 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro7 vided entirely from amounts authorized under this section or in com8 bination with amounts provided under other federal or federal grant

9 programs.

10 (4) FEDERAL SHARE.—Notwithstanding any provision of law lim11 iting the federal share in those other programs, amounts appropriated

12 to carry out this section may be used to increase the federal share to

13 the maximum percentage cost of a grant authorized by this subsection.

14 (c) CONSTRUCTION AND EQUIPMENT GRANTS.—

15 (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants under

16 this section for construction may also be used for—

17 (A) the acquisition of privately owned facilities—

18 (i) not operated for profit; or

19 (ii) previously operated for profit if the Commission finds

20 that health services would not otherwise be provided in the

21 area served by the facility if the acquisition is not made; and

22 (B) initial equipment.

23 (2) STANDARDS FOR MAKING GRANTS.—Grants under this section

24 for construction shall be made in accordance with section 14523 of this

25 title and shall not be incompatible with the applicable provisions of title

26 VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Devel27 opmental Disabilities Assistance and Bill of Rights Act of 2000 (42

28 U.S.C. 15001 et seq.), and other laws authorizing grants for the con29 struction of health-related facilities, without regard to any provisions

30 in those laws relating to appropriation authorization ceilings or to allot31 ments among the States.

32 (3) LIMITATION ON AVAILABLE AMOUNTS.—A grant for the con33 struction or equipment of any component of a demonstration health

34 project shall not be more than 80 percent of the cost.

35 (4) SOURCES OF ASSISTANCE.—The federal contribution may be pro36 vided entirely from amounts authorized under this section or in com37 bination with amounts provided under other federal grant programs for

38 the construction or equipment of health-related facilities.

39 (5) FEDERAL SHARE.—Notwithstanding any provision of law lim40 iting the federal share in those other programs, amounts authorized

41 under this section may be used to increase federal grants for compo-
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1 nent facilities of a demonstration health project to a maximum of 80

2 percent of the cost of the facilities.

3 (d) OPERATION GRANTS.—

4 (1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of

5 a demonstration health project shall not be made—

6 (A) unless the facility is publicly owned, or owned by a public

7 or private nonprofit organization, and is not operated for profit;

8 (B) after five years following the commencement of the initial

9 grant for operation of the project, except that child development

10 demonstrations assisted under this section during fiscal year 1979

11 may be approved under section 14322 of this title for continued

12 support beyond that period, on request of the State, if the Com13 mission finds that no federal, state, or local amounts are available

14 to continue the project; and

15 (C) unless the Secretary of Health and Human Services is satis16 fied that the operation of the project will be conducted under effi17 cient management practices designed to obviate operating deficits.

18 (2) LIMITATION ON AVAILABLE AMOUNTS.—Grants under this sec19 tion for the operation (including initial operating amounts and oper20 ating deficits, which include the cost of attracting, training, and retain21 ing qualified personnel) of a demonstration health project, whether or

22 not constructed with amounts authorized by this section, may be made

23 for up to 50 percent of the cost of that operation (or 80 percent of

24 the cost of that operation for a project to be carried out in a county

25 for which a distressed county designation is in effect under section

26 14526 of this title).

27 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro28 vided entirely from amounts appropriated to carry out this section or

29 in combination with amounts provided under other federal grant pro30 grams for the operation of health related facilities and the provision of

31 health and child development services, including parts A and B of title

32 IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 620

33 et seq., 1397 et seq.).

34 (4) FEDERAL SHARE.—Notwithstanding any provision of law lim35 iting the federal share in those other programs, amounts appropriated

36 to carry out this section may be used to increase federal grants for op37 erating components of a demonstration health project to the maximum

38 percentage cost of a grant authorized by this subsection.

39 (5) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING ASSIST40 ANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provi41 sion of the Social Security Act (42 U.S.C. 301 et seq.) requiring assist-
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1 ance or services on a statewide basis, a State providing assistance or

2 services under a federal grant program described in paragraph (2) in

3 any area of the region approved by the Commission is deemed to be

4 meeting that requirement.

5 (e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOT6 MENTS.—Grants under this section—

7 (1) shall be made only out of amounts specifically appropriated for

8 the purpose of carrying out this subtitle; and

9 (2) shall not be taken into account in computing allotments among

10 the States under any other law.

11 (f) MAXIMUM COMMISSION CONTRIBUTION.—

12 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

13 contribute not more than 50 percent of any project cost eligible for fi14 nancial assistance under this section from amounts appropriated to

15 carry out this subtitle.

16 (2) DISTRESSED COUNTIES.—The maximum Commission contribu17 tion for a project to be carried out in a county for which a distressed

18 county designation is in effect under section 14526 of this title may

19 be increased to the lesser of—

20 (A) 80 percent; or

21 (B) the maximum federal contribution percentage authorized by

22 this section.

23 (g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—To

24 provide for the further development of the Appalachian region’s human re25 sources, grants under this section shall give special emphasis to programs

26 and research for the early detection, diagnosis, and treatment of occupa27 tional diseases arising from coal mining, such as black lung.

28 § 14503. Assistance for proposed low- and middle-income

29 housing projects

30 (a) APPALACHIAN HOUSING FUND.—

31 (1) ESTABLISHMENT.—There is an Appalachian Housing Fund.

32 (2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to

33 the Secretary of Housing and Urban Development for the purposes of

34 this section shall be deposited in the Fund. The Secretary shall use the

35 Fund as a revolving fund to carry out those purposes. Amounts in the

36 Fund not needed for current operation may be invested in bonds or

37 other obligations the Federal Government guarantees as to principal

38 and interest. General expenses of administration of this section may be

39 charged to the Fund.

40 (b) PURPOSE.—To encourage and facilitate the construction or rehabilita41 tion of housing to meet the needs of low- and moderate-income families and
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1 individuals, the Secretary may make grants and loans from the Fund, under

2 terms and conditions the Secretary may prescribe. The grants and loans

3 may be made to nonprofit, limited dividend, or cooperative organizations

4 and public bodies and are for planning and obtaining federally insured mort5 gage financing or other financial assistance for housing construction or re6 habilitation projects for low- and moderate-income families and individuals,

7 in any area of the Appalachian region the Appalachian Regional Commis8 sion establishes, under—

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

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

11 1437f);

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

13 (4) any other law of similar purpose administered by the Secretary

14 or any other department, agency, or instrumentality of the Federal

15 Government or a state government.

16 (c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The

17 Secretary or the Commission may provide amounts to the States for making

18 grants and loans to nonprofit, limited dividend, or cooperative organizations

19 and public bodies for the purposes for which the Secretary may provide

20 amounts under this section.

21 (d) LOANS.—

22 (1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection

23 (b) shall not be more than 50 percent (or 80 percent for a project to

24 be carried out in a county for which a distressed county designation

25 is in effect under section 14526 of this title) of the cost of planning

26 and obtaining financing for a project, including preliminary surveys

27 and analyses of market needs, preliminary site engineering and archi28 tectural fees, site options, application and mortgage commitment fees,

29 legal fees, and construction loan fees and discounts.

30 (2) INTEREST.—A loan shall be made without interest, except that

31 a loan made to an organization established for profit shall bear interest

32 at the prevailing market rate authorized for an insured or guaranteed

33 loan for that type of project.

34 (3) PAYMENT.—The Secretary shall require payment of a loan made

35 under this section, under terms and conditions the Secretary may re36 quire, no later than on completion of the project. Except for a loan to

37 an organization established for profit, the Secretary may cancel any

38 part of a loan made under this section on determining that a perma39 nent loan to finance the project cannot be obtained in an amount ade40 quate for repayment of a loan made under this section.

41 (e) GRANTS.—
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1 (1) IN GENERAL.—A grant under this section shall not be made to

2 an organization established for profit and, except as provided in para3 graph (2), shall not exceed 50 percent (or 80 percent for a project to

4 be carried out in a county for which a distressed county designation

5 is in effect under section 14526 of this title) of expenses, incident to

6 planning and obtaining financing for a project, which the Secretary

7 considers not to be recoverable from the proceeds of a permanent loan

8 made to finance the project.

9 (2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—The

10 Secretary may make grants and commitments for grants, and may ad11 vance amounts under terms and conditions the Secretary may require,

12 to nonprofit, limited dividend, or cooperative organizations and public

13 bodies for reasonable site development costs and necessary offsite im14 provements, such as sewer and water line extensions, when the grant,

15 commitment, or advance is essential to the economic feasibility of a

16 housing construction or rehabilitation project for low- and moderate-in17 come families and individuals which otherwise meets the requirements

18 for assistance under this section. A grant under this paragraph for—

19 (A) the construction of housing shall not be more than 10 per20 cent of the cost of the project; and

21 (B) the rehabilitation of housing shall not be more than 10 per22 cent of the reasonable value of the rehabilitation housing, as deter23 mined by the Secretary.

24 (f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Sec25 retary or the Commission may provide, or contract with public or private

26 organizations to provide, information, advice, and technical assistance with

27 respect to the construction, rehabilitation, and operation by nonprofit orga28 nizations of housing for low- or moderate- income families in areas of the

29 region the Commission establishes.

30 (g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects as31 sisted under this section are subject to the provisions cited in section 14701

32 of this title to the extent provided in the laws authorizing assistance for low33 and moderate-income housing.

34 § 14504. Telecommunications and technology initiative

35 (a) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

36 may provide technical assistance, make grants, enter into contracts, or oth37 erwise provide amounts to persons or entities in the region for projects—

38 (1) to increase affordable access to advanced telecommunications, en39 trepreneurship, and management technologies or applications in the re40 gion;
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1 (2) to provide education and training in the use of telecommuni2 cations and technology;

3 (3) to develop programs to increase the readiness of industry groups

4 and businesses in the region to engage in electronic commerce; or

5 (4) to support entrepreneurial opportunities for businesses in the in6 formation technology sector.

7 (b) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

8 (or 80 percent in the case of a project to be carried out in a county for

9 which a distressed county designation is in effect under section 14526 of

10 this title) of the cost of any activity eligible for a grant under this section

11 may be provided from amounts appropriated to carry out this section.

12 (c) SOURCES OF ASSISTANCE.—Assistance under this section may be pro13 vided entirely from amounts made available to carry out this section, in

14 combination with amounts made available under other federal programs, or

15 from any other source.

16 (d) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

17 federal share under any other federal program, amounts made available to

18 carry out this section may be used to increase that federal share, as the

19 Commission decides is appropriate.

20 § 14505. Entrepreneurship initiative

21 (a) BUSINESS INCUBATOR SERVICE.—In this section, the term ‘‘business

22 incubator service’’ means a professional or technical service necessary for

23 the initiation and initial sustainment of the operations of a newly estab24 lished business, including a service such as—

25 (1) a legal service, including aid in preparing a corporate charter,

26 partnership agreement, or basic contract;

27 (2) a service in support of the protection of intellectual property

28 through a patent, a trademark, or any other means;

29 (3) a service in support of the acquisition and use of advanced tech30 nology, including the use of Internet services and Web-based services;

31 and

32 (4) consultation on strategic planning, marketing, or advertising.

33 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

34 may provide technical assistance, make grants, enter into contracts, or oth35 erwise provide amounts to persons or entities in the region for projects—

36 (1) to support the advancement of, and provide, entrepreneurial

37 training and education for youths, students, and businesspersons;

38 (2) to improve access to debt and equity capital by such means as

39 facilitating the establishment of development venture capital funds;

40 (3) to aid communities in identifying, developing, and implementing

41 development strategies for various sectors of the economy;
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1 (4) to develop a working network of business incubators; and

2 (5) to support entities that provide business incubator services.

3 (c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

4 (or 80 percent in the case of a project to be carried out in a county for

5 which a distressed county designation is in effect under section 14526 of

6 this title) of the cost of any activity eligible for a grant under this section

7 may be provided from amounts appropriated to carry out this section.

8 (d) SOURCES OF ASSISTANCE.—Assistance under this section may be pro9 vided entirely from amounts made available to carry out this section, in

10 combination with amounts made available under other federal programs, or

11 from any other source.

12 (e) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

13 federal share under any other federal program, amounts made available to

14 carry out this section may be used to increase that federal share, as the

15 Commission decides is appropriate.

16 § 14506. Regional skills partnerships

17 (a) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means

18 a consortium that—

19 (1) is established to serve one or more industries in a specified geo20 graphic area; and

21 (2) consists of representatives of—

22 (A) businesses (or a nonprofit organization that represents busi23 nesses);

24 (B) labor organizations;

25 (C) State and local governments; or

26 (D) educational institutions.

27 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

28 may provide technical assistance, make grants, enter into contracts, or oth29 erwise provide amounts to eligible entities in the region for projects to im30 prove the job skills of workers for a specified industry, including projects

31 for—

32 (1) the assessment of training and job skill needs for the industry;

33 (2) the development of curricula and training methods, including, in

34 appropriate cases, electronic learning or technology-based training;

35 (3) the identification of training providers;

36 (4) the development of partnerships between the industry and edu37 cational institutions, including community colleges;

38 (5) the development of apprenticeship programs;

39 (6) the development of training programs for workers, including dis40 located workers; and

41 (7) the development of training plans for businesses.
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1 (c) ADMINISTRATIVE COSTS.— An eligible entity may use not more than

2 10 percent of amounts made available to the eligible entity under subsection

3 (b) to pay administrative costs associated with the projects described in sub4 section (b).

5 (d) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

6 (or 80 percent in the case of a project to be carried out in a county for

7 which a distressed county designation is in effect under section 14526 of

8 this title) of the cost of any activity eligible for a grant under this section

9 may be provided from amounts appropriated to carry out this section.

10 (e) SOURCES OF ASSISTANCE.—Assistance under this section may be pro11 vided entirely from amounts made available to carry out this section, in

12 combination with amounts made available under other federal programs, or

13 from any other source.

14 (f) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

15 federal share under any other federal program, amounts made available to

16 carry out this section may be used to increase that Federal share, as the

17 Commission decides is appropriate.

18 § 14507. Supplements to federal grant programs

19 (a) DEFINITION.—

20 (1) FEDERAL GRANT PROGRAMS.—In this section, the term ‘‘federal

21 grant programs’’—

22 (A) means any federal grant program that provides assistance

23 for the acquisition or development of land, the construction or

24 equipment of facilities, or other community or economic develop25 ment or economic adjustment activities, including a federal grant

26 program authorized by—

27 (i) the Consolidated Farm and Rural Development Act (7

28 U.S.C. 1921 et seq.);

29 (ii) the Land and Water Conservation Fund Act of 1965

30 (16 U.S.C. 460l–4 et seq.);

31 (iii) the Watershed Protection and Flood Prevention Act

32 (16 U.S.C. 1001 et seq.);

33 (iv) the Carl D. Perkins Vocational and Technical Edu34 cation Act of 1998 (20 U.S.C. 2301 et seq.);

35 (v) the Federal Water Pollution Control Act (33 U.S.C.

36 1251 et seq.) (known as the Clean Water Act);

37 (vi) title VI of the Public Health Services Act (42 U.S.C.

38 291 et seq.);

39 (vii) sections 201 and 209 of the Public Works and Eco40 nomic Development Act of 1965 (42 U.S.C. 3141, 3149);
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1 (viii) title I of the Housing and Community Development

2 Act of 1974 (42 U.S.C. 5301 et seq.); and

3 (ix) part IV of title III of the Communications Act of 1934

4 (47 U.S.C. 390 et seq.); but

5 (B) does not include—

6 (i) the program for the construction of the development

7 highway system authorized by section 14501 of this title or

8 any other program relating to highway or road construction

9 authorized by title 23; or

10 (ii) any other program to the extent that financial assist11 ance other than a grant is authorized.

12 (2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED

13 WITH FEDERAL GRANT ASSISTANCE.—For the purpose of this section,

14 any sewage treatment works constructed pursuant to title II of the

15 Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (known

16 as the Clean Water Act) without federal grant assistance under that

17 title is deemed to be constructed with that assistance.

18 (b) PURPOSE.—To enable the people, States, and local communities of

19 the Appalachian region, including local development districts, to take max20 imum advantage of federal grant programs for which they are eligible but

21 for which, because of their economic situation, they cannot supply the re22 quired matching share, or for which there are insufficient amounts available

23 under the federal law authorizing the programs to meet pressing needs of

24 the region, the Federal Cochairman may use amounts made available to

25 carry out this section—

26 (1) for any part of the basic federal contribution to projects or ac27 tivities under the federal grant programs authorized by federal laws;

28 and

29 (2) to increase the federal contribution to projects and activities

30 under the programs above the fixed maximum part of the cost of the

31 projects or activities otherwise authorized by the applicable law.

32 (c) CERTIFICATION REQUIRED.—For a program, project, or activity for

33 which any part of the basic federal contribution to the project or activity

34 under a federal grant program is proposed to be made under subsection (b),

35 the contribution shall not be made until the responsible federal official ad36 ministering the federal law authorizing the contribution certifies that the

37 program, project, or activity meets the applicable requirements of the fed38 eral law and could be approved for federal contribution under that law if

39 amounts were available under the law for the program, project, or activity.

40 (d) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts provided

41 pursuant to this subtitle are available without regard to any limitations on
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1 areas eligible for assistance or authorizations for appropriation in any other

2 law.

3 (e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental grant for

4 a project or activity under a federal grant program, the Federal Cochairman

5 shall accept any finding, report, certification, or documentation required to

6 be submitted to the head of the department, agency, or instrumentality of

7 the Federal Government responsible for the administration of the program.

8 (f) FEDERAL SHARE.—The federal portion of the cost of a project or ac9 tivity shall not—

10 (1) be increased to more than the percentages the Commission estab11 lishes; nor

12 (2) be more than 80 percent of the cost.

13 (g) MAXIMUM COMMISSION CONTRIBUTION.—

14 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

15 contribute not more than 50 percent of a project or activity cost eligible

16 for financial assistance under this section from amounts appropriated

17 to carry out this subtitle.

18 (2) DISTRESSED COUNTIES.— The maximum Commission contribu19 tion for a project or activity to be carried out in a county for which

20 a distressed county designation is in effect under section 14526 of this

21 title may be increased to 80 percent.

22 SUBCHAPTER II—ADMINISTRATIVE

23 § 14521. Required level of expenditure

24 A State or political subdivision of a State is not eligible to receive benefits

25 under this subtitle unless the aggregate expenditure of state amounts, ex26 cept expenditures for participation in the Dwight D. Eisenhower System of

27 Interstate and Defense Highways and local and federal amounts, for the

28 benefit of the area within the State located in the Appalachian region is

29 maintained at a level which does not fall below the average level of those

30 expenditures for the State’s last two full fiscal years prior to March 9,

31 1965. In computing the level, a State’s past expenditure for participation

32 in the Dwight D. Eisenhower System of Interstate and Defense Highways

33 and expenditures of local and federal amounts shall not be included. The

34 Commission shall recommend to the President a lesser requirement when it

35 finds that a substantial population decrease in that part of a State which

36 lies within the region would not justify a state expenditure equal to the av37 erage level of the last two years or when it finds that a State’s average level

38 of expenditure in an individual program has been disproportionate to the

39 present need for that part of the State.
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1 § 14522. Consent of States

2 This subtitle does not require a State to engage in or accept a program

3 under this subtitle without its consent.

4 § 14523. Program implementation

5 (a) REQUIREMENTS.—A program or project authorized under this chapter

6 shall not be implemented until—

7 (1) the responsible federal official has decided that applications and

8 plans relating to the program or project are not incompatible with the

9 provisions and objectives of federal laws that the official administers

10 that are not inconsistent with this subtitle; and

11 (2) the Appalachian Regional Commission has approved the program

12 or project and has determined that it—

13 (A) meets the applicable criteria under section 14524 of this

14 title and the requirements of the development planning process

15 under section 14525 of this title; and

16 (B) will contribute to the development of the Appalachian re17 gion.

18 (b) DECISION IS CONTROLLING.—A decision under subsection (a)(2) is

19 controlling and shall be accepted by the federal agencies.

20 § 14524. Program development criteria

21 (a) FACTORS TO BE CONSIDERED.—In considering programs and

22 projects to be given assistance under this subtitle, and in establishing a pri23 ority ranking of the requests for assistance presented to the Appalachian

24 Regional Commission, the Commission shall follow procedures that will en25 sure consideration of—

26 (1) the relationship of the project or class of projects to overall re27 gional development, including its location in a severely and persistently

28 distressed county or area;

29 (2) the population and area to be served by the project or class of

30 projects, including the per capita market income and the unemploy31 ment rates in the area;

32 (3) the relative financial resources available to the State or political

33 subdivisions or instrumentalities of the State that seek to undertake

34 the project;

35 (4) the importance of the project or class of projects in relation to

36 other projects or classes of projects that may be in competition for the

37 same amounts;

38 (5) the prospects that the project for which assistance is sought will

39 improve, on a continuing rather than a temporary basis, the opportuni40 ties for employment, the average level of income, or the economic and

41 social development of the area served by the project; and
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1 (6) the extent to which the project design provides for detailed out2 come measurements by which grant expenditures may be evaluated.

3 (b) LIMITATION ON USE.—Financial assistance made available under this

4 subtitle shall not be used to assist establishments relocating from one area

5 to another.

6 (c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO7 VIDED.—Amounts may be provided for programs and projects in a State

8 under this subtitle only if the Commission determines that the level of fed9 eral and state financial assistance under other laws for the same type of

10 programs or projects in that part of the State within the Appalachian region

11 will not be diminished in order to substitute amounts authorized by this

12 subtitle.

13 (d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES AND

14 AREAS.—For each fiscal year, not less than 50 percent of the amount of

15 grant expenditures the Commission approves shall support activities or

16 projects that benefit severely and persistently distressed counties and areas.

17 § 14525. State development planning process

18 (a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian

19 Regional Commission establishes, each state member shall submit a develop20 ment plan for the area of the State within the Appalachian region. The plan

21 shall—

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

23 (2) reflect the goals, objectives, and priorities identified in the re24 gional development plan and in any subregional development plan that

25 may be approved for the subregion of which the State is a part;

26 (3) describe the state organization and continuous process for Appa27 lachian development planning, including—

28 (A) the procedures established by the State for the participation

29 of local development districts in the process;

30 (B) how the process is related to overall statewide planning and

31 budgeting processes; and

32 (C) the method of coordinating planning and projects in the re33 gion under this subtitle, the Public Works and Economic Develop34 ment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal,

35 state, and local programs;

36 (4) set forth the goals, objectives, and priorities of the State for the

37 region, as established by the Governor, and identify the needs on which

38 the goals, objectives, and priorities are based; and

39 (5) describe the development strategies for achieving the goals, objec40 tives, and priorities, including funding sources, and recommendations

41 for specific projects to receive assistance under this subtitle.
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1 (b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the

2 preparation and execution of areawide action programs that specify inter3 related projects and schedules of actions, the necessary agency funding, and

4 other commitments to implement the programs. The programs shall make

5 appropriate use of existing plans affecting the area.

6 (c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts cer7 tified by the State as described in section 14102(a)(2) of this title provide

8 the linkage between state and substate planning and development. The dis9 tricts shall assist the States in the coordination of areawide programs and

10 projects and may prepare and adopt areawide plans or action programs. In

11 carrying out the development planning process, including the selection of

12 programs and projects for assistance, States shall consult with local develop13 ment districts, local units of government, and citizen groups and shall con14 sider the goals, objectives, priorities, and recommendations of those bodies.

15 (d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable,

16 federal departments, agencies, and instrumentalities undertaking or pro17 viding financial assistance for programs or projects in the region shall—

18 (1) take into account the policies, goals, and objectives the Commis19 sion and its member States establish pursuant to this subtitle;

20 (2) recognize Appalachian state development strategies approved by

21 the Commission as satisfying requirements for overall economic devel22 opment planning under the programs or projects; and

23 (3) accept the boundaries and organization of any local development

24 district certified under this subtitle that the Governor may designate

25 as the areawide agency required under any of those programs under26 taken or assisted by those federal departments, agencies, and instru27 mentalities.

28 § 14526. Distressed and economically strong counties

29 (a) DESIGNATIONS.—

30 (1) IN GENERAL.—The Appalachian Regional Commission, in ac31 cordance with criteria the Commission may establish, each year shall—

32 (A) designate as ‘‘distressed counties’’ those counties in the Ap33 palachian region that are the most severely and persistently dis34 tressed; and

35 (B) designate two categories of economically strong counties,

36 consisting of—

37 (i) ‘‘competitive counties’’, which shall be those counties in

38 the region that are approaching economic parity with the rest

39 of the United States; and
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1 (ii) ‘‘attainment counties’’, which shall be those counties in

2 the region that have attained or exceeded economic parity

3 with the rest of the United States.

4 (2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall—

5 (A) conduct an annual review of each designation of a county

6 under paragraph (1) to determine if the county still meets the cri7 teria for the designation; and

8 (B) renew the designation for another one-year period only if

9 the county still meets the criteria.

10 (b) DISTRESSED COUNTIES.—In program and project development and

11 implementation and in the allocation of appropriations made available to

12 carry out this subtitle, the Commission shall give special consideration to

13 the needs of counties for which a distressed county designation is in effect

14 under this section.

15 (c) ECONOMICALLY STRONG COUNTIES.—

16 (1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3)

17 and (4), assistance under this subtitle for a project that is carried out

18 in a county for which a competitive county designation is in effect

19 under this section shall not be more than 30 percent of the project

20 cost.

21 (2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3)

22 and (4), amounts may not be provided under this subtitle for a project

23 that is carried out in a county for which an attainment county designa24 tion is in effect under this section.

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

26 (A) a project on the Appalachian development highway system

27 authorized by section 14501 of this title;

28 (B) a local development district administrative project assisted

29 under section 14321(a)(1)(A) of this title; or

30 (C) a multicounty project that is carried out in at least two

31 counties designated under this section if—

32 (i) at least one of the participating counties is designated

33 as a distressed county under this section; and

34 (ii) the project will be of substantial direct benefit to at

35 least one distressed county.

36 (4) WAIVER.—

37 (A) IN GENERAL.—The Commission may waive the require38 ments of paragraphs (1) and (2) for a project when the recipient

39 of assistance for the project shows the existence of any of the fol40 lowing:
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1 (i) a significant pocket of distress in the part of the county

2 in which the project is carried out.

3 (ii) a significant potential benefit from the project in at

4 least one area of the region outside the designated county.

5 (B) REPORTS TO CONGRESS.—The Commission shall submit to

6 the Committee on Environment and Public Works of the Senate

7 and the Committee on Transportation and Infrastructure of the

8 House of Representatives an annual report describing each waiver

9 granted under subparagraph (A) during the period covered by the

10 report.

11 CHAPTER 147—MISCELLANEOUS

Sec.

14701. Applicable labor standards.

14702. Nondiscrimination.

14703. Authorization of appropriations.

14704. Termination.

12 § 14701. Applicable labor standards

13 All laborers and mechanics employed by contractors or subcontractors in

14 the construction, alteration, or repair, including painting and decorating, of

15 projects, buildings, and works which are financially assisted through federal

16 amounts authorized under this subtitle shall be paid wages at rates not less

17 than those prevailing on similar construction in the locality as the Secretary

18 of Labor determines in accordance with sections 3141–3144, 3146, and

19 3147 of this title. With respect to those labor standards, the Secretary has

20 the authority and functions set forth in Reorganization Plan Numbered 14

21 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.

22 § 14702. Nondiscrimination

23 An individual in the United States shall not, because of sex, be excluded

24 from participation in, be denied the benefits of, or be subjected to discrimi25 nation under, a program or activity receiving federal financial assistance

26 under this subtitle.

27 § 14703. Authorization of appropriations

28 (a) IN GENERAL.—In addition to amounts authorized by section 14501

29 of this title and other amounts made available for the Appalachian develop30 ment highway system program, the following amounts may be appropriated

31 to the Appalachian Regional Commission to carry out this subtitle:

32 (1) $88,000,000 for each of the fiscal years 2002–2004.

33 (2) $90,000,000 for fiscal year 2005.

34 (3) $92,000,000 for fiscal year 2006.

35 (b) TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.—Of the

36 amounts made available under subsection (a), the following amounts are

37 available to carry out section 14504 of this title:

38 (1) $10,000,000 for fiscal year 2002.
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1 (2) $8,000,000 for fiscal year 2003.

2 (3) $5,000,000 for each of the fiscal years 2004–2006.

3 (c) AVAILABILITY.—Amounts made available under subsection (a) remain

4 available until expended.

5 § 14704. Termination

6 This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to

7 be in effect on October 1, 2006.

8 SUBTITLE V—MISCELLANEOUS

CHAPTER Sec.

171. SAFETY STANDARDS FOR MOTOR VEHICLES ..................................... 17101

173. GOVERNMENT LOSSES IN SHIPMENT ................................................... 17301

175. FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL .................... 17501

177. ALASKA COMMUNICATIONS DISPOSAL ................................................. 17701

179. ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP .............. 17901

181. TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.18101

183. NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS 18301

9 CHAPTER 171—SAFETY STANDARDS FOR MOTOR

10 VEHICLES

Sec.

17101. Definitions.

17102. Prohibition on acquisition or purchase of motor vehicles by Federal Government.

17103. Commercial standards for passenger safety devices.

11 § 17101. Definitions

12 In this chapter, the following definitions apply:

13 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ in14 cludes the government of the District of Columbia.

15 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle,

16 self-propelled or drawn by mechanical power, designed for use on the

17 highways principally for the transportation of passengers, except a ve18 hicle designed or used for military field training, combat, or tactical

19 purposes.

20 § 17102. Prohibition on acquisition or purchase of motor ve21 hicles by Federal Government

22 The Federal Government shall not purchase a motor vehicle for use by

23 the Government unless that motor vehicle is equipped with reasonable pas24 senger safety devices that the Administrator of General Services requires.

25 Those devices shall conform with standards the Administrator prescribes

26 under section 17103 of this title.

27 § 17103. Commercial standards for passenger safety devices

28 The Administrator of General Services shall prescribe and publish in the

29 Federal Register commercial standards for passenger safety devices the Ad30 ministrator requires under section 17102 of this title. Changes in the stand31 ards take effect one year and 90 days after the publication of the standards

32 in the Federal Register.
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1 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.

2 § 17301. Definitions

3 In this chapter, the following definitions apply:

4 (1) REPLACEMENT.—The term ‘‘replacement’’ means payment, reim5 bursement, replacement, or duplication or the expenses incident to pay6 ment, reimbursement, replacement, or duplication.

7 (2) SHIPMENT.—The term ‘‘shipment’’—

8 (A) means the transportation, or the effecting of transportation,

9 of valuables, without limitation as to the means or facilities used

10 or by which the transportation is effected or the person to whom

11 it is made; and

12 (B) includes shipments made to any executive department, inde13 pendent establishment, agency, wholly owned or mixed-ownership

14 Government corporation, officer, or employee of the Federal Gov15 ernment, or any person acting on behalf of, or at the direction of,

16 the executive department, independent establishment, agency,

17 wholly or partly owned Government corporation, officer, or em18 ployee.

19 (3) VALUABLES.—

20 (A) DEFINITION.—The term ‘‘valuables’’ means any articles or

21 things or representatives of value—

22 (i) in which the Government, its executive departments,

23 independent establishments, and agencies, including wholly

24 owned Government corporations, and officers and employees

25 of the Government or its executive departments, independent

26 establishments, and agencies while acting in their official ca27 pacity, have any interest, or in connection with which they

28 have any obligation or responsibility; and

29 (ii) which the Secretary of the Treasury declares to be

30 valuables within the meaning of this chapter.

31 (B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS VAL32 UABLE.—The Secretary shall not declare articles or things that

33 are lost, destroyed, or damaged in the course of shipment to be

34 valuables unless the Secretary determines that replacement of the
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1 articles or things in accordance with the procedure established in

2 this chapter would be in the public interest.

3 (4) WHOLLY OWNED GOVERNMENT CORPORATION.—The term

4 ‘‘wholly owned Government corporation’’—

5 (A) means any corporation, regardless of the law under which

6 it is incorporated, the capital of which is entirely owned by the

7 Government; and

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

9 the corporation.

10 § 17302. Compliance

11 (a) PRESCRIBING REGULATIONS.—With the approval of the President,

12 the Secretary of the Treasury and the United States Postal Service jointly

13 shall prescribe regulations governing the shipment of valuables by an execu14 tive department, independent establishment, agency, wholly owned Govern15 ment corporation, officer, or employee of the Federal Government, with a

16 view to minimizing the risk of loss and destruction of, and damage to,

17 valuables in shipment.

18 (b) COMPLIANCE.—Each executive department, independent establish19 ment, agency, wholly owned Government corporation, officer, and employee

20 of the Government, and each person acting for, or at the direction of, the

21 executive department, independent establishment, agency, wholly owned

22 Government corporation, officer, or employee, must comply with the regula23 tions when making any shipment of valuables.

24 § 17303. Fund for the payment of Government losses in ship25 ment

26 (a) ESTABLISHMENT.—There is a revolving fund in the Treasury known

27 as ‘‘the fund for the payment of Government losses in shipment’’.

28 (b) USE.—The fund shall be used for the replacement of valuables, or

29 the value of valuables, lost, destroyed, or damaged while being shipped in

30 accordance with regulations prescribed under section 17302 of this title.

31 (c) UNAVAILABILITY.—The fund is not available with respect to any loss,

32 destruction, or damage affecting valuables—

33 (1) that relates to property of the United States Postal Service that

34 is chargeable to its officers or employees; or

35 (2) of which shipment shall have been made at the risk of persons

36 other than the Federal Government and the executive departments,

37 independent establishments, agencies, wholly owned Government cor38 porations, officers and employees of the Government.

39 (d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and

40 repayments on account of loss, destruction, or damage to valuables for
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1 which replacement is made out of the fund shall be credited to it and are

2 available for the purposes of the fund.

3 (e) APPROPRIATIONS.—Necessary amounts are appropriated for the fund.

4 § 17304. Claim for replacement

5 (a) PRESENTATION OF CLAIM.—When valuables that have been shipped

6 in accordance with regulations prescribed under section 17302 of this title

7 are lost, destroyed, or damaged, a claim in writing for replacement shall be

8 made on the Secretary of the Treasury.

9 (b) DECISION OF THE SECRETARY OF THE TREASURY.—

10 (1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied

11 that the loss, destruction, or damage has occurred and that shipment

12 was made substantially in accordance with the regulations, the Sec13 retary shall have replacement be made out of the fund described in sec14 tion 17303 of this title through an officer the Secretary designates.

15 (2) REPLACEMENT MADE BY CREDIT.—When the Secretary decides

16 that any part of the replacement can be made, without actual or ulti17 mate injury to the Federal Government, by a credit in the accounts of

18 the executive department, independent establishment, agency, officer,

19 employee, or other accountable person making the claim, the Secretary

20 shall—

21 (A) certify the decision to the Comptroller General who, on re22 ceiving the certification, shall make the credit in the settlement of

23 accounts in the General Accounting Office; and

24 (B) use the fund only to the extent that the replacement cannot

25 be made by the credit.

26 (c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of the

27 Secretary that a loss, destruction, or damage has occurred or that a ship28 ment was made substantially in accordance with regulations is final and

29 conclusive and is not subject to review by any other officer of the Govern30 ment.

31 § 17305. Replacing lost, destroyed, or damaged stamps, secu32 rities, obligations, or money

33 Stamps, securities, or other obligations of the Federal Government, or

34 money lost, destroyed, or damaged while in the custody or possession of, or

35 charged to, the United States Postal Service while it is acting as agent for,

36 or on behalf of, the Secretary of the Treasury for the sale of the stamps,

37 securities, or obligations and for the collection of the money, shall be re38 placed out of the fund described in section 17303 of this title under regula39 tions the Secretary may prescribe, regardless of how the loss, destruction,

40 or damage occurs.
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1 § 17306. Agreements of indemnity

2 (a) DEFINITION.—In this section, the term ‘‘Federal Government’’ in3 cludes wholly owned Government corporations, and officers and employees

4 of the Government or its executive departments, independent establish5 ments, and agencies while acting in their official capacity.

6 (b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the Treasury

7 may make and deliver, on behalf of the Federal Government, a binding

8 agreement of indemnity the Secretary considers necessary and proper to en9 able the Government to obtain the replacement of any instrument or

10 document—

11 (1) received by the Government or an agent of the Government in

12 the agent’s official capacity; and

13 (2) which, after having been received, is lost, destroyed, or so muti14 lated as to impair its value.

15 (c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government

16 is not obligated under an agreement of indemnity if the obligee named in

17 the agreement makes a payment or delivery not required by law on the

18 original of the instrument or document covered by the agreement.

19 (d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES IN

20 SHIPMENT.—The fund described in section 17303 of this title is available

21 to pay any obligation arising out of an agreement the Secretary makes

22 under this section.

23 § 17307. Purchase of insurance

24 An executive department, independent establishment, agency, wholly

25 owned Government corporation, officer, or employee may expend money, or

26 incur an obligation, for insurance, or for the payment of premiums on insur27 ance, against loss, destruction, or damage in the shipment of valuables only

28 as specifically authorized by the Secretary of the Treasury. The Secretary

29 may give the authorization if the Secretary finds that the risk of loss, de30 struction, or damage in the shipment cannot be guarded against adequately

31 by the facilities of the Federal Government or that adequate replacement

32 cannot be provided under this chapter.

33 § 17308. Presumption of lawful conduct

34 For purposes of the propriety of an act or omission related to a shipment

35 to which the regulations prescribed under section 17302 of this title apply,

36 every officer and employee of the Federal Government and every individual

37 acting on behalf of a wholly owned Government corporation who makes a

38 shipment of valuables in good faith under, and substantially in accordance

39 with, the regulations is deemed to be acting in the faithful execution of the

40 officer’s, employee’s, or individual’s duties of office and in full performance
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1 of any conditions of the officer’s, employee’s, or individual’s bond and oath

2 of office.

3 § 17309. Rules and regulations

4 (a) GENERAL AUTHORITY.—With the approval of the President, the Sec5 retary of the Treasury may prescribe regulations necessary to carry out the

6 duties and powers vested in the Secretary under this chapter.

7 (b) PROVIDING INFORMATION.—To carry out subsection (a), the Sec8 retary may require a person making a shipment of valuables or a claim for

9 replacement to make a declaration or to provide other information the Sec10 retary considers necessary.

11 CHAPTER 175—FEDERAL MOTOR VEHICLE

12 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.

13 § 17501. Definitions

14 In this chapter, the following definitions apply:

15 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—

16 (A) means an executive agency (as that term is defined in sec17 tion 105 of title 5) that operates at least 300 motor vehicles; but

18 (B) does not include the Tennessee Valley Authority.

19 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—

20 (A) a vehicle self-propelled or drawn by mechanical power; but

21 not

22 (B) a vehicle designed or used for military field training, com23 bat, or tactical purposes, or any other special purpose vehicle ex24 empted from the requirements of this chapter by the Adminis25 trator of General Services.

26 § 17502. Monitoring system

27 The head of each executive agency shall designate one office, officer, or

28 employee of the agency—

29 (1) to establish and operate a central monitoring system for the

30 motor vehicle operations of the agency, related activities, and related

31 reporting requirements; and

32 (2) provide oversight of those operations, activities, and require33 ments.
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1 § 17503. Data collection

2 (a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive

3 agency shall develop a system to identify, collect, and analyze data with re4 spect to all costs (including obligations and outlays) the agency incurs in

5 the operation, maintenance, acquisition, and disposition of motor vehicles,

6 including vehicles owned or leased by the Federal Government and privately

7 owned vehicles used for official purposes.

8 (b) REQUIREMENTS FOR DATA SYSTEMS.—

9 (1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller

10 General of the United States and the Director of the Office of Manage11 ment and Budget, the Administrator of General Services shall prescribe

12 requirements governing the establishment and operation by executive

13 agencies of the systems required by subsection (a), including require14 ments with respect to data on the costs and uses of motor vehicles and

15 with respect to the uniform collection and submission of the data.

16 (2) CONFORMITY WITH PRINCIPLES AND STANDARDS.—Require17 ments prescribed under this section shall conform to accounting prin18 ciples and standards issued by the Comptroller General. Each executive

19 agency shall comply with those requirements.

20 § 17504. Agency statements with respect to motor vehicle

21 use

22 (a) CONTENTS OF STATEMENT.—The head of each executive agency shall

23 include with the appropriation request the agency submits under section

24 1108 of title 31 for each fiscal year, a statement—

25 (1) specifying—

26 (A) the total motor vehicle acquisition, maintenance, leasing, op27 eration, and disposal costs (including obligations and outlays) the

28 agency incurred in the most recently completed fiscal year; and

29 (B) an estimate of those costs for the fiscal year in which the

30 request is submitted and for the succeeding fiscal year; and

31 (2) justifying why the existing and any new motor vehicle acquisi32 tion, maintenance, leasing, operation, and disposal requirements of the

33 agency cannot be met through the Interagency Fleet Management Sys34 tem the Administrator of General Services operates, a qualified private

35 fleet management firm, or any other method which is less costly to the

36 Federal Government.

37 (b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive

38 agency shall comply with the requirements prescribed under section

39 17503(b) of this title in preparing each statement required under subsection

40 (a).
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1 § 17505. Presidential report

2 (a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President

3 shall include with the budget transmitted under section 1105 of title 31 for

4 each fiscal year, or in a separate written report to Congress for that fiscal

5 year, a summary and analysis of the statements most recently submitted by

6 the heads of executive agencies pursuant to section 17504(a) of this title.

7 (b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and anal8 ysis shall include a review, for the fiscal year preceding the fiscal year in

9 which the budget is submitted, the current fiscal year, and the fiscal year

10 for which the budget is submitted, of the cost savings that have been

11 achieved, that are estimated will be achieved, and that could be achieved,

12 in the acquisition, maintenance, leasing, operation, and disposal of motor ve13 hicles by executive agencies through—

14 (1) the use of a qualified private fleet management firm or another

15 private contractor;

16 (2) increased reliance by executive agencies on the Interagency Fleet

17 Management System the Administrator of General Services operates; or

18 (3) other existing motor vehicle management systems.

19 § 17506. Reduction of storage and disposal costs

20 The Administrator of General Services shall take such actions as may be

21 necessary to reduce motor vehicle storage and disposal costs and to improve

22 the rate of return on motor vehicle sales through a program of vehicle re23 conditioning prior to sale.

24 § 17507. Savings

25 (a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish,

26 for each executive agency, goals to reduce outlays for the operation, mainte27 nance, leasing, acquisition, and disposal of motor vehicles in order to reduce,

28 by fiscal year 1988, the total amount of outlays by all executive agencies

29 for the operation, maintenance, leasing, acquisition, and disposal of motor

30 vehicles to an amount which is $150,000,000 less than the amount for the

31 operation, maintenance, leasing, acquisition, and disposal of motor vehicles

32 requested by the President in the budget submitted under section 1105 of

33 title 31 for fiscal year 1986.

34 (b) MONITORING OF COMPLIANCE.—The Director of the Office of Man35 agement and Budget shall monitor compliance by executive agencies with

36 the goals established by the President under subsection (a) and shall in37 clude, in each summary and analysis required under section 17505 of this

38 title, a statement specifying the reductions in expenditures by executive

39 agencies, including the Department of Defense, achieved under those goals.
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1 § 17508. Compliance

2 (a) ADMINISTRATOR OF GENERAL SERVICES.—The Administrator of

3 General Services shall comply with and be subject to this chapter with re4 gard to all motor vehicles that are used within the General Services Admin5 istration for official purposes.

6 (b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with respect to

7 motor vehicles from the Interagency Fleet Management System shall be

8 complied with by the executive agencies to which such motor vehicles are

9 assigned.

10 § 17509. Applicability

11 (a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of execu12 tive agencies shall give first priority to meeting the goals established by the

13 President under section 17507(a) of this title by reducing the costs of ad14 ministrative motor vehicles used at the headquarters and regional head15 quarters of executive agencies, rather than by reducing the costs of motor

16 vehicles used by line agency personnel working in agency field operations

17 or activities.

18 (b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President shall

19 require the Administrator of General Services, in cooperation with the Di20 rector of the Office of Management and Budget, to prescribe appropriate

21 regulations, standards, and definitions to ensure that executive agencies

22 meet the goals established under section 17507(a) of this title in the man23 ner prescribed by subsection (a).

24 § 17510. Cooperation

25 The Director of the Office of Management and Budget and the Adminis26 trator of General Services shall cooperate closely in the implementation of

27 this chapter.

28 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.

29 § 17701. Definitions

30 In this chapter, the following definitions apply:

31 (1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a

32 department, agency, wholly owned corporation, or instrumentality of

33 the Federal Government.

34 (2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘long-lines

35 communication facilities’’ means the transmission systems connecting
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1 points inside the State with each other and with points outside the

2 State by radio or wire, and includes all kinds of property and rights

3 of way necessary to accomplish this interconnection.

4 (3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the

5 Government of any element of ownership, including any estate or inter6 est in property, and franchise rights, by sale, exchange, lease, ease7 ment, or permit, for cash, credit, or other property with or without

8 warranty.

9 § 17702. Transfer of Government-owned long-lines commu10 nication facilities in and to Alaska

11 (a) IN GENERAL.—

12 (1) AUTHORITY OF THE SECRETARY OF DEFENSE.—

13 (A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to section

14 17703 of this title and with the advice, assistance, and, in the case

15 of an agency not under the jurisdiction of the Secretary of De16 fense, the consent of the agency concerned, and after approval of

17 the President, the Secretary of Defense shall transfer for adequate

18 consideration any or all long-lines communication facilities in or

19 to Alaska under the jurisdiction of the Federal Government to any

20 person qualifying under section 17703.

21 (B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary of

22 Defense may take action and exercise powers as may be necessary

23 or appropriate to carry out the purposes of this chapter.

24 (2) CONSENT OF SECRETARY CONCERNED.—An interest in public

25 lands, withdrawn or otherwise appropriated, shall not be transferred

26 under this chapter without the prior consent of the Secretary of the

27 Interior, or, with respect to lands in a national forest, of the Secretary

28 of Agriculture.

29 (3) PROCEDURES AND METHODS.—The Secretary of Defense shall

30 carry out a transfer under this chapter in accordance with the proce31 dures and methods required of the Administrator of General Services

32 by section 545(a) and (b) of this title.

33 (b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The head

34 of the agency concerned (or a designee of the head) shall execute documents

35 for the transfer of title or other interest in property, except any mineral

36 rights in the property, and take other action that the Secretary of Defense

37 decides is necessary or proper to transfer the property under this chapter.

38 A copy of a deed, lease, or other instrument executed by or on behalf of

39 the head of the agency concerned purporting to transfer title or another in40 terest in public land shall be provided to the Secretary of the Interior.
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1 (c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In

2 connection with soliciting offers to purchase long-lines facilities of the Alas3 ka Communication System, the Secretary of Defense shall—

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

5 (A) the facilities available for purchase;

6 (B) the amounts considered to be the current fair and reason7 able value of those facilities; and

8 (C) the initial rates that will be charged to the purchaser for

9 capacity in facilities retained by the Government and available for

10 commercial use;

11 (2) provide in the request for offers to purchase that offerors must

12 specify the rates the offerors propose to charge for service and the im13 provements in service the offerors propose to initiate;

14 (3) provide an opportunity for prospective purchasers to meet as a

15 group with Department of Defense representatives to ensure that the

16 data and public interest requirements described in clauses (1) and (2)

17 are fully understood; and

18 (4) seek the advice and assistance of the Federal Communications

19 Commission and the Governor of Alaska (or a designee of the Gov20 ernor) to ensure consideration of all public interest factors associated

21 with the transfer.

22 (d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of

23 section 559 of this title apply to transfers under this chapter.

24 § 17703. National defense considerations and qualification

25 of transferee

26 A transfer under this chapter shall not be made unless the Secretary of

27 Defense determines that—

28 (1) the Federal Government does not need to retain the property in29 volved in the transfer for national defense purposes;

30 (2) the transfer is in the public interest;

31 (3) the person to whom the transfer is made is prepared and quali32 fied to provide the communication service involved in the transfer with33 out interruption; and

34 (4) the long-lines communication facilities will not directly or indi35 rectly be owned, operated, or controlled by a person that would legally

36 be disqualified from holding a radio station license by section 310(a)

37 of the Communications Act of 1934 (47 U.S.C. 310(a)).

38 § 17704. Contents of agreements for transfer

39 An agreement by which a transfer is made under this chapter shall pro40 vide that—
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1 (1) subject to regulations of the Federal Communications Commis2 sion and of any body or commission established by Alaska to govern

3 and regulate communications services to the public and all applicable

4 statutes, treaties, and conventions, the person to whom the transfer is

5 made shall provide the communication services involved in the transfer

6 without interruption, except those services reserved by the Federal Gov7 ernment in the transfer;

8 (2) the rates and charges for those services applicable at the time

9 of transfer shall not be changed for a period of one year from the date

10 of the transfer unless approved by a governmental body or commission

11 having jurisdiction; and

12 (3) the transfer will not be final until the transferee receives the req13 uisite license and certificate of convenience and necessity to operate

14 interstate and intrastate commercial communications in Alaska from

15 the appropriate governmental regulatory bodies.

16 § 17705. Approval of Federal Communications Commission

17 A transfer under this chapter does not require the approval of the Fed18 eral Communications Commission except to the extent that the approval of

19 the Commission is necessary under section 17704(3) of this title.

20 § 17706. Gross proceeds as miscellaneous receipts in the

21 Treasury

22 The gross proceeds of each transfer shall be deposited in the Treasury

23 as miscellaneous receipts.

24 § 17707. Reports

25 The Secretary of Defense shall report to the Congress and the

26 President—

27 (1) in January of each year, the actions taken under this chapter

28 during the preceding 12 months; and

29 (2) not later than 90 days after completion of each transfer under

30 this chapter, a full account of that transfer.

31 § 17708. Nonapplication

32 This chapter does not modify in any manner the Communications Act of

33 1934 (47 U.S.C. 151 et seq.).

34 CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY

35 EFFICIENCY SWAP

Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

36 § 17901. Definitions

37 In this chapter, the following definitions apply:
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1 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a depart2 ment, agency, or instrumentality of the Federal Government.

3 (2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘feder4 ally generated electric energy’’ means any electric power generated by

5 an electric generating facility owned and operated by a federal agency.

6 (3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’ means

7 a corporation, cooperative, municipality, or other non-federal entity

8 that generates electric energy through a facility other than a federally

9 owned electric generating facility.

10 § 17902. Sale of electric energy

11 (a) IN GENERAL.—To conserve oil and natural gas and better utilize coal,

12 the head of a federal agency may sell, or enter into a contract to sell, to

13 any non-federal person electric energy generated by coal-fired electric gener14 ating facilities of that agency in Alaska without regard to any provision of

15 law that precludes the sale when the electric energy to be sold is available

16 from other local sources, if the head of the federal agency determines that—

17 (1) the electric energy to be sold is generated by an existing coal18 fired generating facility;

19 (2) the electric energy to be sold is surplus to the federal agency’s

20 needs and is in excess of the electric energy specifically generated for

21 consumption by, or necessary to serve the requirements of, another fed22 eral agency;

23 (3) the cost to the ultimate consumers of the electric energy to be

24 sold is less than the cost that, in the absence of the sale, would be in25 curred by those consumers for the purchase of an equivalent amount

26 of energy; and

27 (4) the sale will reduce the total consumption of oil or natural gas

28 by the non-federal person purchasing the electric energy below the level

29 of consumption that would occur in the absence of the sale.

30 (b) PRICING POLICIES.—Federally generated electric energy sold by the

31 head of a federal agency under subsection (a) shall be priced to recover the

32 fuel and variable operation and maintenance costs of the facility generating

33 the energy that are attributable to that sale, plus an amount equal to one34 half the difference between—

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

36 (2) the costs of producing electric energy by the oil or gas generation

37 being displaced.

38 § 17903. Purchase of electric power

39 For purposes of economy, efficiency, and conserving oil and natural gas,

40 the head of a federal agency, when practicable and consistent with other

41 laws and requirements applicable to that agency, shall endeavor to purchase
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1 electric energy from a non-federal person for consumption in Alaska by a

2 facility of that agency when (taking into account the remaining useful life

3 of any facility available to that agency to generate electric energy for that

4 agency and the cost of maintaining the facility on a standby basis) the pur5 chase will result in—

6 (1) a savings to other consumers of electric energy sold by that non7 federal person without increasing the cost incurred by any federal agen8 cy for electric energy; or

9 (2) a cost savings to the federal agency purchasing the electric en10 ergy without increasing costs to other consumers of electric energy.

11 § 17904. Implementation powers and limitations

12 (a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This chapter

13 does not require or authorize a federal agency to construct a new electric

14 generating facility or related facility, to modify an existing facility, or to em15 ploy reserve or standby equipment to accommodate the needs of a non-fed16 eral person for electric energy.

17 (b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a

18 federal agency pursuant to section 17902 of this title from the sale of elec19 tric energy generated from a facility of that agency is available to the agen20 cy without fiscal year limitation to purchase fuel and for operation, mainte21 nance, and other costs associated with that facility.

22 (c) EXERCISE OF AUTHORITIES.—The authority under this chapter shall

23 be exercised for those periods and pursuant to terms and conditions that

24 the head of the federal agency concerned decides are necessary consistent

25 with—

26 (1) this chapter; and

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

28 (d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER AGREE29 MENTS.—A contract or other agreement executed under this chapter shall

30 be negotiated and executed by the head of the federal agency selling or pur31 chasing electric energy under this chapter.

32 CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY

33 FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN34 DIVIDUALS

Sec.

18101. Definitions.

18102. Federal telecommunications system.

18103. Research and development.

18104. TTY installation by Congress.

35 § 18101. Definitions

36 In this chapter—

37 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the same

38 meaning given that term in section 102 of this title.
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1 (2) TTY.—The term ‘‘TTY’’ means a text-telephone used in the

2 transmission of coded signals through the nationwide telecommuni3 cations system.

4 § 18102. Federal telecommunications system

5 (a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator of

6 General Services, after consultation with the Architectural and Transpor7 tation Barriers Compliance Board, the Interagency Committee on Computer

8 Support of Handicapped Employees, the Federal Communications Commis9 sion, and affected federal agencies, shall prescribe regulations to ensure that

10 the federal telecommunications system is fully accessible to hearing-impaired

11 and speech-impaired individuals, including federal employees, for commu12 nications with and within federal agencies.

13 (b) FEDERAL RELAY SYSTEM.—The Administrator shall provide for the

14 continuation of the existing federal relay system for users of TTY’s.

15 (c) DIRECTORY.—The Administrator shall assemble, publish, and main16 tain a directory of TTY’s and other devices used by federal agencies to com17 ply with regulations prescribed under subsection (a).

18 (d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall pub19 lish access numbers of TTY’s and such other devices in federal agency di20 rectories.

21 (e) LOGO.—After consultation with the Board, the Administrator shall

22 adopt the design of a standard logo to signify the presence of a TTY or

23 other device used by a federal agency to comply with regulations prescribed

24 under subsection (a).

25 § 18103. Research and development

26 (a) SUPPORT FOR RESEARCH.—The Administrator of General Services,

27 in consultation with the Federal Communications Commission, shall seek to

28 promote research by federal agencies, state agencies, and private entities to

29 reduce the cost and improve the capabilities of telecommunications devices

30 and systems that provide accessibility to hearing-impaired and speech-im31 paired individuals.

32 (b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In

33 planning future alterations to and modifications of the federal telecommuni34 cations system, the Administrator shall take into account—

35 (1) modifications that the Administrator determines are necessary to

36 achieve the objectives of section 18102(a) of this title; and

37 (2) technological improvements in telecommunications devices and

38 systems that provide accessibility to hearing-impaired and speech-im39 paired individuals.
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1 § 18104. TTY installation by Congress

2 Each House of Congress shall establish a policy under which Members

3 of the House of Representatives and the Senate may obtain TTY’s for use

4 in communicating with hearing-impaired and speech-impaired individuals,

5 and for the use of hearing-impaired and speech-impaired employees.

6 CHAPTER 183—NATIONAL CAPITAL AREA INTEREST

7 ARBITRATION STANDARDS

Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

8 § 18301. Findings and purposes

9 (a) FINDINGS.—Congress finds that—

10 (1) affordable public transportation is essential to the economic vital11 ity of the national capital area and is an essential component of re12 gional efforts to improve air quality to meet environmental require13 ments and to improve the health of both residents of and visitors to

14 the national capital area as well as to preserve the beauty and dignity

15 of the Nation’s capital;

16 (2) use of mass transit by both residents of and visitors to the na17 tional capital area is substantially affected by the prices charged for

18 mass transit services, prices that are substantially affected by labor

19 costs, since more than two-thirds of operating costs are attributable to

20 labor costs;

21 (3) labor costs incurred in providing mass transit in the national

22 capital area have increased at an alarming rate and wages and benefits

23 of operators and mechanics currently are among the highest in the Na24 tion;

25 (4) higher operating costs incurred for public transit in the national

26 capital area cannot be offset by increasing costs to patrons, since this

27 often discourages ridership and thus undermines the public interest in

28 promoting the use of public transit;

29 (5) spiraling labor costs cannot be offset by the governmental enti30 ties that are responsible for subsidy payments for public transit serv31 ices since local governments generally, and the District of Columbia

32 government in particular, are operating under severe fiscal constraints;

33 (6) imposition of mandatory standards applicable to arbitrators re34 solving arbitration disputes involving interstate compact agencies oper35 ating in the national capital area will ensure that wage increases are

36 justified and do not exceed the ability of transit patrons and taxpayers

37 to fund the increase; and
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1 (7) federal legislation is necessary under section 8 of Article I of the

2 United States Constitution to balance the need to moderate and lower

3 labor costs while maintaining industrial peace.

4 (b) PURPOSE.—The purpose of this chapter is to adopt standards gov5 erning arbitration that must be applied by arbitrators resolving disputes in6 volving interstate compact agencies operating in the national capital area in

7 order to lower operating costs for public transportation in the Washington

8 metropolitan area.

9 § 18302. Definitions

10 In this chapter, the following definitions apply:

11 (1) ARBITRATION.—The term ‘‘arbitration’’—

12 (A) means the arbitration of disputes, regarding the terms and

13 conditions of employment, that is required under an interstate

14 compact governing an interstate compact agency operating in the

15 national capital area; but

16 (B) does not include the interpretation and application of rights

17 arising from an existing collective bargaining agreement.

18 (2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a single

19 arbitrator, or a board of arbitrators, chosen under applicable proce20 dures.

21 (3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL

22 CAPITAL AREA.—The term ‘‘interstate compact agency operating in the

23 national capital area’’ means any interstate compact agency that pro24 vides public transit services and that was established by an interstate

25 compact to which the District of Columbia is a signatory.

26 § 18303. Standards for arbitrators

27 (a) DEFINITION.—In this section, the term ‘‘public welfare’’ includes,

28 with respect to arbitration under an interstate compact—

29 (1) the financial ability of the individual jurisdictions participating

30 in the compact to pay for the costs of providing public transit services;

31 and

32 (2) the average per capita tax burden, during the term of the collec33 tive bargaining agreement to which the arbitration relates, of the resi34 dents of the Washington metropolitan area, and the effect of an arbi35 tration award rendered under that arbitration on the respective income

36 or property tax rates of the jurisdictions that provide subsidy payments

37 to the interstate compact agency established under the compact.

38 (b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering

39 an arbitration award involving the employees of an interstate compact agen40 cy operating in the national capital area may not make a finding or a deci-
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1 sion for inclusion in a collective bargaining agreement governing conditions

2 of employment without considering the following factors:

3 (1) The existing terms and conditions of employment of the employ4 ees in the bargaining unit.

5 (2) All available financial resources of the interstate compact agency.

6 (3) The annual increase or decrease in consumer prices for goods

7 and services as reflected in the most recent consumer price index for

8 the Washington metropolitan area, published by the Bureau of Labor

9 Statistics.

10 (4) The wages, benefits, and terms and conditions of the employment

11 of other employees who perform, in other jurisdictions in the Wash12 ington standard metropolitan statistical area, services similar to those

13 in the bargaining unit.

14 (5) The special nature of the work performed by the employees in

15 the bargaining unit, including any hazards or the relative ease of em16 ployment, physical requirements, educational qualifications, job training

17 and skills, shift assignments, and the demands placed upon the employ18 ees as compared to other employees of the interstate compact agency.

19 (6) The interests and welfare of the employees in the bargaining

20 unit, including—

21 (A) the overall compensation presently received by the employ22 ees, having regard not only for wage rates but also for wages for

23 time not worked, including vacations, holidays, and other excused

24 absences;

25 (B) all benefits received by the employees, including previous

26 bonuses, insurance, and pensions; and

27 (C) the continuity and stability of employment.

28 (7) The public welfare.

29 (c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN

30 AWARD.—An arbitrator rendering an arbitration award involving the em31 ployees of an interstate compact agency operating in the national capital

32 area may not, with respect to a collective bargaining agreement governing

33 conditions of employment, provide for salaries and other benefits that exceed

34 the ability of the interstate compact agency, or of any governmental juris35 diction that provides subsidy payments or budgetary assistance to the inter36 state compact agency, to obtain the necessary financial resources to pay for

37 wage and benefit increases for employees of the interstate compact agency.

38 (d) REQUIREMENTS FOR FINAL AWARD.—

39 (1) WRITTEN AWARD.—In resolving a dispute submitted to arbitra40 tion involving the employees of an interstate compact agency operating

41 in the national capital area, the arbitrator shall issue a written award
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1 that demonstrates that all the factors set forth in subsections (b) and

2 (c) have been considered and applied.

3 (2) PREREQUISITES.—An award may grant an increase in pay rates

4 or benefits (including insurance and pension benefits), or reduce hours

5 of work, only if the arbitrator concludes that any costs to the agency

6 do not adversely affect the public welfare.

7 (3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion regarding

8 the public welfare must be supported by substantial evidence.

9 § 18304. Procedures for enforcement of awards

10 (a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after

11 the parties receive an arbitration award to which section 18303 of this title

12 applies, the interstate compact agency and the employees, through their rep13 resentative, may agree in writing on any modifications to the award. After

14 the end of that 10-day period, the award, and any modifications, become

15 binding on the interstate compact agency, the employees in the bargaining

16 unit, and the employees’ representative.

17 (b) IMPLEMENTATION.—Each party to an award that becomes binding

18 under subsection (a) shall take all actions necessary to implement the

19 award.

20 (c) JUDICIAL REVIEW.—Within 60 days after an award becomes binding

21 under subsection (a), the interstate compact agency or the exclusive rep22 resentative of the employees concerned may bring a civil action in a court

23 that has jurisdiction over the interstate compact agency for review of the

24 award. The court shall review the award on the record, and shall vacate the

25 award or any part of the award, after notice and a hearing, if—

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

27 (2) the arbitrator exceeded the arbitrator’s powers;

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

29 (4) the arbitrator conducted the hearing contrary to the provisions

30 of this chapter or other laws or rules that apply to the arbitration so

31 as to substantially prejudice the rights of a party;

32 (5) there was partiality or misconduct by the arbitrator prejudicing

33 the rights of a party;

34 (6) the award was procured by corruption, fraud, or bias on the part

35 of the arbitrator; or

36 (7) the arbitrator did not comply with the provisions of section

37 18303 of this title.

38 SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHI39 TECT OF THE CAPITOL.

40 Chapter 443 of title 10, United States Code, is amended as follows:

41 (1) Insert immediately after section 4688 the following new section:
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1 ‘‘§ 4689. Transfer of material and equipment to the Architect

2 of the Capitol

3 ‘‘The Secretary of the Army is authorized to transfer, without payment,

4 to the Architect of the Capitol, such material and equipment, not required

5 by the Department of the Army, as the Architect may request for use at

6 the Capitol power plant, the Capitol Building, and the Senate and House

7 Office Buildings.’’.

8 (2) Insert immediately below item 4688 in the analysis of the chap9 ter the following new item:

‘‘4689. Transfer of material and equipment to the Architect of the Capitol.’’.

10 SEC. 3. CONFORMING CROSS-REFERENCES.

11 (a) TITLE 5.—Title 5, United States Code, is amended as follows:

12 (1) In section 7342(e)(1)—

13 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

14 Federal’’; and

15 (B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of 1949’’.

16 (2) In section 9505(b), strike ‘‘division E of the Clinger-Cohen Act

17 of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘sub18 title III of title 40’’.

19 (3) In section 9508(a)(2)(A), strike ‘‘division E of the Clinger-Cohen

20 Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute

21 ‘‘subtitle III of title 40’’.

22 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

23 (1) In section 2223—

24 (A) in subsection (a), strike ‘‘section 5125 of the Clinger-Cohen

25 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

26 title 40’’;

27 (B) in subsection (b), strike ‘‘section 5125 of the Clinger-Cohen

28 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

29 title 40’’;

30 (C) in subsection (c)(2), strike ‘‘section 5002 of the Clinger31 Cohen Act of 1996 (40 U.S.C. 1401)’’ and substitute ‘‘section

32 11101 of title 40’’; and

33 (D) in subsection (c)(3), strike ‘‘section 5142 of the Clinger34 Cohen Act of 1996 (40 U.S.C. 1452)’’ and substitute ‘‘section

35 11103 of title 40’’.

36 (2) In section 2302(2)(A), strike ‘‘title IX of the Federal Property

37 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

38 substitute ‘‘chapter 11 of title 40’’.

39 (3) In section 2304(h)—

40 (A) before clause (1), strike ‘‘laws’’; and
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1 (B) strike clause (2) and substitute ‘‘(2) Sections 3141–3144,

2 3146, and 3147 of title 40.’’.

3 (4) In section 2305a(a), strike ‘‘the Brooks Architect-Engineers Act

4 (40 U.S.C. 541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

5 (5) In section 2315(a), strike ‘‘division E of the Clinger-Cohen Act

6 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

7 40’’.

8 (6) In section 2381(c)—

9 (A) strike ‘‘section 205 of the Federal Property and Administra10 tive Services Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec11 tion 121 of title 40’’; and

12 (B) strike ‘‘section 201(a) of that Act (40 U.S.C. 481(a))’’ and

13 substitute ‘‘section 501(a)(2) of title 40’’.

14 (7) In section 2535(b)(1)(G), strike ‘‘title II of the Federal Property

15 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

16 substitute ‘‘chapter 5 of title 40’’.

17 (8) In subsection 2562(a)(1)—

18 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

19 Federal’’; and

20 (B) strike ‘‘(40 U.S.C. 472 et seq.)’’ and substitute ‘‘(41 U.S.C.

21 251 et seq.)’’.

22 (9) In section 2572(d)(1), strike ‘‘section 205 of the Federal Prop23 erty and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and

24 substitute ‘‘section 121 of title 40’’.

25 (10) In section 2576(a)—

26 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

27 Federal’’; and

28 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

29 251 et seq.)’’.

30 (11) In section 2577(a)(2), strike ‘‘section 203 of the Federal Prop31 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

32 substitute ‘‘sections 541–555 of title 40’’.

33 (12) In section 2667—

34 (A) in subsection (a)(2), strike ‘‘section 3 of the Federal Prop35 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’

36 and substitute ‘‘section 102 of title 40’’;

37 (B) in subsection (b)(5), strike ‘‘section 321 of the Act of June

38 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title

39 40’’; and

40 (C) in subsection (f)(1)—
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1 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

2 Federal’’; and

3 (ii) strike ‘‘such Act is’’ and substitute ‘‘subtitle I and title

4 III are’’.

5 (13) In section 2667a(a)(3), strike ‘‘section 3 of the Federal Prop6 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and

7 substitute ‘‘section 102 of title 40’’.

8 (14) In section 2676(a)—

9 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

10 Federal’’; and

11 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘41 U.S.C.

12 251 et seq.)’’.

13 (15) In section 2691(b)—

14 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

15 Federal’’; and

16 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

17 251 et seq.)’’.

18 (16) In section 2696—

19 (A) in subsection (a)—

20 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

21 Federal’’; and

22 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

23 U.S.C. 251 et seq.)’’; and

24 (B) strike subsection (e)(5) and substitute—

25 ‘‘(5) Chapter 5 of title 40.’’.

26 (17) In section 2701(i)(1)—

27 (A) strike ‘‘the Miller Act (40 U.S.C. 270a et seq.)’’ and sub28 stitute ‘‘sections 3131 and 3133 of title 40’’;

29 (B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. 270e–270f)’’

30 and substitute ‘‘section 3134 of title 40’’; and

31 (C) strike ‘‘the Miller Act’’ and substitute ‘‘sections 3131 and

32 3133’’.

33 (18) In section 2814(j)(3), strike ‘‘Sections 202 and 203 of the Fed34 eral Property and Administrative Services Act of 1949 (40 U.S.C. 483,

35 484)’’ and substitute ‘‘Subchapter II of chapter 5 and sections 541–

36 555 of title 40’’.

37 (19) In section 2831(b)(3), strike ‘‘section 204(b) of the Federal

38 Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))’’

39 and substitute ‘‘section 572(a) of title 40’’.

40 (20) In section 2852(b)(1), strike ‘‘section 355 of the Revised Stat41 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
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1 (21) In section 2854a(d)(1)—

2 (A) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

3 III of the’’; and

4 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

5 251 et seq.)’’.

6 (22) In subsection 2855(a), strike ‘‘title IX of the Federal Property

7 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

8 substitute ‘‘chapter 11 of title 40’’.

9 (23) In section 2878(d)—

10 (A) in clause (2)—

11 (i) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and

12 title III of the’’; and

13 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

14 U.S.C. 251 et seq.)’’; and

15 (B) strike clause (3) and substitute—

16 ‘‘(3) Section 1302 of title 40.’’.

17 (24) In section 4681, strike ‘‘section 205 of the Federal Property

18 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub19 stitute ‘‘section 121 of title 40’’.

20 (25) In section 4682, strike ‘‘section 205 of the Federal Property

21 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub22 stitute ‘‘section 121 of title 40’’.

23 (26) In section 4684, strike ‘‘section 205 of the Federal Property

24 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub25 stitute ‘‘section 121 of title 40’’.

26 (27) In section 4686, strike ‘‘section 205 of the Federal Property

27 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub28 stitute ‘‘section 121 of title 40’’.

29 (28) In section 7305(d)—

30 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

31 Federal’’;

32 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

33 251 et seq.)’’; and

34 (C) strike ‘‘that Act’’ and substitute ‘‘subtitle I of title 40 and

35 title III’’.

36 (29) In section 7306(a), strike ‘‘subsections (c) and (d) of section

37 602 of the Federal Property and Administrative Services Act of 1949

38 (40 U.S.C. 474)’’ and substitute ‘‘section 113 of title 40’’.

39 (30) In section 7422(c)(1), strike ‘‘the Act of February 26, 1931 (40

40 U.S.C. 258a–258e)’’ and substitute ‘‘sections 3114–3116 and 3118 of

41 title 40’’.
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1 (31) In section 7541, strike ‘‘section 205 of the Federal Property

2 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub3 stitute ‘‘section 121 of title 40’’.

4 (32) In section 7541a, strike ‘‘section 205 of the Federal Property

5 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub6 stitute ‘‘section 121 of title 40’’.

7 (33) In section 7542(a), strike ‘‘section 205 of the Federal Property

8 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub9 stitute ‘‘section 121 of title 40’’.

10 (34) In section 7545(a), strike ‘‘section 205 of the Federal Property

11 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub12 stitute ‘‘section 121 of title 40’’.

13 (35) In section 9444(b)(1)—

14 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

15 Federal’’; and

16 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

17 251 et seq.)’’.

18 (36) In section 9681, strike ‘‘section 205 of the Federal Property

19 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub20 stitute ‘‘section 121 of title 40’’.

21 (37) In section 9682, strike ‘‘section 205 of the Federal Property

22 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub23 stitute ‘‘section 121 of title 40’’.

24 (38) In section 9684, strike ‘‘section 205 of the Federal Property

25 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub26 stitute ‘‘section 121 of title 40’’.

27 (39) In section 9686, strike ‘‘section 205 of the Federal Property

28 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub29 stitute ‘‘section 121 of title 40’’.

30 (40) In section 9781—

31 (A) in subsection (b)(2)(D), strike ‘‘title II of the Federal Prop32 erty and Administrative Services Act of 1949 (40 U.S.C. 481 et

33 seq.)’’ and substitute ‘‘chapter 5 of title 40’’;

34 (B) in subsection (d), strike ‘‘title II of the Federal Property

35 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

36 and substitute ‘‘chapter 5 of title 40’’; and

37 (C) in subsection (g)—

38 (i) insert ‘‘subtitle I of title 40 and subtitle III of’’ before

39 ‘‘the Federal’’; and

40 (ii) add at the end of the subsection ‘‘(41 U.S.C. 251 et

41 seq.)’’.
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1 (41) In section 12603(d), strike ‘‘section 201(a) of the Federal Prop2 erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’ and

3 substitute ‘‘section 501 of title 40’’.

4 (42) In section 18239(b)(1), strike ‘‘section 355 of the Revised Stat5 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

6 (c) TITLE 14.—Title 14, United States Code, is amended as follows:

7 (1) In section 92—

8 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

9 Federal’’; and

10 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

11 251 et seq.)’’.

12 (2) In section 93(h)—

13 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

14 Federal’’; and

15 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

16 251 et seq.)’’.

17 (3) In section 641—

18 (A) in subsection (a)—

19 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

20 Federal’’; and

21 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

22 U.S.C. 251 et seq.)’’; and

23 (B) in subsection (c)(2), strike ‘‘section 203 of the Federal

24 Property and Administrative Services Act of 1949 (40 U.S.C.

25 484)’’ and substitute ‘‘sections 541–555 of title 40’’.

26 (4) In section 685(c)—

27 (A) in clause (1), strike—

28 (i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

29 III of the’’; and

30 (ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

31 251 et seq.)’’; and

32 (B) strike clause (2) and substitute—

33 ‘‘(2) Section 1302 of title 40.’’.

34 (d) TITLE 18.—Section 3668(c) of title 18, United States Code, is

35 amended by striking ‘‘sections 304f–304m of Title 40’’ and substituting

36 ‘‘section 1306 of title 40’’.

37 (e) TITLE 23.—Title 23, United States Code, is amended as follows:

38 (1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal Property

39 and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11

40 of title 40’’.
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1 (2) In section 113(a), strike ‘‘the Act of March 3, 1931, known as

2 the Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–

3 3144, 3146, and 3147 of title 40’’.

4 (f) THE INTERNAL REVENUE CODE OF 1986.—Section

5 7608(c)(1)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C.

6 7608(c)(1)(A)(i)(IV)) is amended by striking ‘‘section 34 of title 40, United

7 States Code’’ and substituting ‘‘section 8141 of title 40’’.

8 (g) TITLE 28.—Title 28, United States Code, is amended as follows:

9 (1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal Prop10 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

11 substitute ‘‘sections 541–555 of title 40’’.

12 (2) In section 612(f), strike ‘‘section 201 of the Federal Property

13 and Administrative Services Act of 1949 (40 U.S.C. 481)’’ and sub14 stitute ‘‘sections 501–505 of title 40’’.

15 (3) In section 1499, strike ‘‘section 104 of the Contract Work Hours

16 and Safety Standards Act’’ and substitute ‘‘section 3703 of title 40’’.

17 (h) TITLE 31.—Title 31, United States Code, is amended as follows:

18 (1) In section 781(a), strike ‘‘section 7 of the Public Buildings Act

19 of 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section 3307

20 of title 40’’.

21 (2) In section 782, strike ‘‘(as defined in section 105 of the Public

22 Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’ and sub23 stitute ‘‘(as defined in section 3306(a) of title 40)’’.

24 (3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the Brooks

25 Architect-Engineers Act (40 U.S.C. 541)’’ and substitute section ‘‘1102

26 of title 40’’.

27 (4) In section 3126—

28 (A) in subsection (a), strike ‘‘section 2 of the Government

29 Losses in Shipment Act (40 U.S.C. 722)’’ and substitute ‘‘section

30 17303(a) of title 40’’; and

31 (B) in subsection (b), strike ‘‘Section 3 of the Government

32 Losses in Shipment Act (40 U.S.C. 723) (related to finality of de33 cisions of the Secretary)’’ and substitute ‘‘Section 17304(c) of title

34 40’’.

35 (5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal

36 Property and Administrative Services Act of 1949 (40 U.S.C. 486(b))’’

37 and substitute ‘‘section 121(b) of title 40’’.

38 (6) In section 3551(3), strike ‘‘section 3 of the Federal Property and

39 Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute

40 ‘‘section 102 of title 40’’.
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1 (7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August 24,

2 1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b) of title 40’’.

3 (8) In section 6703(d)(5)—

4 (A) strike ‘‘the Act of March 3, 1931 (commonly known as the

5 Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5)’’ and

6 substitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and

7 (B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly

8 known as the Copeland Anti-Kickback Act), as amended (40

9 U.S.C. 276c, 48 Stat. 948)’’ and substitute ‘‘section 3145 of title

10 40’’.

11 (9) In section 9303—

12 (A) in subsection (d), before clause (1)—

13 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil14 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

15 3131 and 3133 of title 40’’; and

16 (ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’ and sub17 stitute ‘‘section 3133(a) of title 40’’;

18 (B) in subsection (d)(1)—

19 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil20 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

21 3131 and 3133 of title 40’’; and

22 (ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’ and

23 substitute ‘‘section 3133(b) of title 40’’; and

24 (C) in subsection (e)(2)(A), strike ‘‘the Act of August 24, 1935

25 (known as the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

26 ‘‘sections 3131 and 3133 of title 40’’.

27 (i) TITLE 36.—Title 36, United States Code, is amended as follows:

28 (1) In section 2103(a)(1), strike ‘‘section 355 of the Revised Stat29 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

30 (2) In section 220314(b), strike ‘‘section 451 of the Legislative Re31 organization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute ‘‘section

32 5108 of title 40’’.

33 (j) TITLE 38.—Title 38, United States Code, is amended as follows:

34 (1) In section 115(1), strike ‘‘section 355 of the Revised Statutes

35 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

36 (2) In section 310(b), strike ‘‘division E of the Clinger-Cohen Act

37 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

38 40’’.

39 (3) In section 8122(a)(1), strike ‘‘section 321 of the Act of June 30,

40 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.
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1 (4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931 (40

2 U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)’’ and sub3 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

4 (5) In section 8162(a)—

5 (A) in paragraph (1), strike ‘‘section 321 of the Act of June

6 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal

7 Property and Administrative Services Act of 1949 (40 U.S.C. 483,

8 484)’’ and substitute ‘‘subchapter II of chapter 5 of title 40, sec9 tions 541–555 and 1302 of title 40’’; and

10 (B) in paragraph (3), strike ‘‘the Act of March 3, 1931 (40

11 U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–3144, 3146,

12 and 3147 of title 40’’.

13 (6) In section 8165(c), strike ‘‘section 204 of the Federal Property

14 and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act

15 of June 8, 1896 (40 U.S.C. 485a)’’ and substitute ‘‘subchapter IV of

16 chapter 5 of title 40’’.

17 (7) In section 8201(e), strike ‘‘section 321 of the Act of June 30,

18 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

19 (k) TITLE 39.—Section 410(b)(4) of title 39, United States Code, is

20 amended to read as follows:

21 ‘‘(4) the following provisions of title 40:

22 ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147;

23 and

24 ‘‘(B) chapters 37 and 173;’’.

25 (l) TITLE 44.—Title 44, United States Code, is amended as follows:

26 (1) In section 311(a), strike ‘‘the Federal Property and Administra27 tive Services Act, approved June 30, 1949, as amended,’’ and sub28 stitute ‘‘subtitle I of title 40 and title III of the Federal Property and

29 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’.

30 (2) In section 2901(13), strike ‘‘section 3(a) of the Federal Property

31 and Administrative Services Act of 1949 (40 U.S.C. 472(a))’’ and sub32 stitute ‘‘section 102 of title 40’’.

33 (3) In section 3501(8)(B), strike ‘‘the Computer Security Act of

34 1987 (Public Law 100–235)’’ and substitute ‘‘section 11332 of title

35 40’’.

36 (4) In section 3502(9)—

37 (A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40

38 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and

39 (B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and

40 substitute ‘‘section 11103 of title 40’’.

41 (5) In section 3504—
290

HR 2068 RFS

1 (A) in subsection (g)(2), strike ‘‘section 5131 of the Clinger2 Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the

3 Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub4 stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;

5 (B) in subsection (g)(3), strike ‘‘section 5131 of the Clinger6 Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the

7 Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub8 stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;

9 (C) in subsection (h)(1)(B), strike ‘‘section 5131 of the Clinger10 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section

11 11331 of title 40’’; and

12 (D) in subsection (h)(2)—

13 (i) strike ‘‘division E of the Clinger-Cohen Act of 1996 (40

14 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

15 40’’; and

16 (ii) strike ‘‘section 110 of the Federal Property and Admin17 istrative Services Act of 1949 (40 U.S.C. 757)’’ and sub18 stitute ‘‘section 322 of title 40’’.

19 (6) In section 3506—

20 (A) in subsection (g)(2), strike ‘‘the Computer Security Act of

21 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

22 40’’; and

23 (B) in subsection (g)(3), strike ‘‘the Computer Security Act of

24 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

25 40’’.

26 (7) In section 3518(d), strike ‘‘section 5131 of the Clinger-Cohen

27 Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987

28 (40 U.S.C. 759 note)’’ and substitute ‘‘sections 11331 and 11332 of

29 title 40’’.

30 (m) TITLE 46.—Title 46, United States Code, is amended as follows:

31 (1) In section 2101(17), strike ‘‘section 13 of the Coast Guard Au32 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

33 (2) In section 3305(c), strike ‘‘section 13 of the Coast Guard Au34 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

35 (n) TITLE 49.—Title 49, United States Code, is amended as follows:

36 (1) In section 103(e)—

37 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

38 Federal Property’’; and

39 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

40 251 et seq.)’’.
291

HR 2068 RFS

1 (2) In section 5325(b), strike ‘‘title IX of the Federal Property and

2 Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub3 stitute ‘‘chapter 11 of title 40’’.

4 (3) In section 5333(a)—

5 (A) strike ‘‘the Act of March 3, 1931 (known as the Davis6 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections

7 3141–3144, 3146, and 3147 of title 40’’; and

8 (B) strike ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C.

9 276c)’’ and substitute ‘‘section 3145 of title 40’’.

10 (4) In section 24312—

11 (A) in subsection (a)—

12 (i) strike ‘‘the Act of March 3, 1931 (known as the Davis13 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec14 tions 3141–3144, 3146, and 3147 of title 40’’; and

15 (ii) strike ‘‘section 107 of the Contract Work Hours and

16 Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘sec17 tion 3704 of title 40’’; and

18 (B) in subsection (b), strike ‘‘the Act of March 3, 1931 (known

19 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and sub20 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’

21 (5) In section 40110(c)(2)—

22 (A) in subclause (C), strike ‘‘(as defined in section 13 of the

23 Public Buildings Act of 1959 (40 U.S.C. 612))’’ and substitute

24 ‘‘(as defined in section 3301(a) of title 40)’’; and

25 (B) in subclause (F), strike ‘‘title II of the Federal Property

26 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

27 and substitute ‘‘sections 121, 123, and 126 and chapter 5 of title

28 40’’.

29 (6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the Govern30 ment Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute

31 ‘‘sections 17302 and 17303 of title 40’’.

32 (7) In section 47107(a)(17), strike ‘‘title IX of the Federal Property

33 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

34 substitute ‘‘chapter 11 of title 40’’.

35 (8) In section 47112(b), strike ‘‘the Act of March 3, 1931 (known

36 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute

37 ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

38 (9) In section 49111(d)(1), strike ‘‘section 5 of the Act of June 6,

39 1924 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722 of title 40’’.

40 (o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.—

41 Section 403(e) of the Veterans’ Benefits Programs Improvement Act of
292

HR 2068 RFS

1 1991 (Pub. L. 102–86, 105 Stat. 424) is amended by striking ‘‘section

2 303b of title 40, sections 483 and 484 of title 40’’ and substituting ‘‘sub3 chapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40’’.

4 SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMIN5 ISTRATIVE SERVICES ACT OF 1949.

6 Title V of the Federal Property and Administrative Services Act of 1949

7 (ch. 288), as added by section 6(d) of the Act of September 5, 1950 (ch.

8 849, 64 Stat. 583), is repealed.

9 SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION.

10 (a) PURPOSE.—The purpose of this Act is to revise, codify, and enact

11 without substantive change the general and permanent laws of the United

12 States related to public buildings, property, and works, in order to remove

13 ambiguities, contradictions, and other imperfections and to repeal obsolete,

14 superfluous, and superseded provisions.

15 (b) NO SUBSTANTIVE CHANGE.—

16 (1) IN GENERAL.—This Act makes no substantive change in existing

17 law and may not be construed as making a substantive change in exist18 ing law.

19 (2) DEEMED DATE OF ENACTMENT FOR CERTAIN PURPOSES.—For

20 purposes of determining whether one provision of law supersedes an21 other based on enactment later in time, and otherwise to ensure that

22 this Act makes no substantive change in existing law, the date of enact23 ment of a provision restated in section 1 or 2 of this Act is deemed

24 to remain unchanged, continuing to be the date of enactment of the

25 underlying provision of public law that is being restated.

26 (3) INCONSISTENT LAWS ENACTED AFTER MARCH 31, 2002.—This

27 Act restates certain laws enacted before April 1, 2002. Any law enacted

28 after March 31, 2002, that is inconsistent with this Act, including any

29 law purporting to amend or repeal a provision that is repealed by this

30 Act, supersedes this Act to the extent of the inconsistency.

31 (c) REFERENCES.—A reference to a law replaced by section 1 or 2 of this

32 Act, including a reference in a regulation, order, or other law, is deemed

33 to refer to the corresponding provision enacted by this Act.

34 (d) CONTINUING EFFECT.—An order, rule, or regulation in effect under

35 a law replaced by section 1 or 2 of this Act continues in effect under the

36 corresponding provision enacted by this Act until repealed, amended, or su37 perseded.

38 (e) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

39 an offense committed under a law replaced by section 1 or 2 of this Act

40 is deemed to have been taken or committed under the corresponding provi41 sion enacted by this Act.
293

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1 (f) INFERENCES.—An inference of a legislative construction is not to be

2 drawn by reason of the location in the United States Code of a provision

3 enacted by this Act or by reason of a caption or catch line of the provision.

4 (g) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

5 valid provisions that are severable from the invalid provision remain in ef6 fect. If a provision enacted by this Act is held invalid in any of its applica7 tions, the provision remains valid for all valid applications that are severable

8 from any of the invalid applications.

9 SEC. 6. REPEALS.

10 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

11 be construed as a legislative inference that the provision was or was not in

12 effect before its repeal.

13 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

14 are repealed, except for rights and duties that matured, penalties that were

15 incurred, and proceedings that were begun before the date of enactment of

16 this Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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 report) in 1st par.

on p. 115).

19 115 ............... 27

1877

Mar. 3 105 ............. (proviso (related to report) in 16th par.

on p. 359).

19 359 ............... 27

106 ............. (words after 2d semicolon in 3d par.

under heading ‘‘Miscellaneous’’).

19 370 ............... 34

1878

June 20 359 ............. (proviso in 2d par. under heading

‘‘Building and Grounds in and

Around Washington and the Executive Mansion’’).

20 220 ............... 103

1879

Mar. 3 182 ............. 1 (words after semicolon in 5th par. on

p. 388).

20 388 ............... 30

July 1 62 ............... ................................................................ 21 47 ................. 307

1882

Aug. 5 389 ............. 1 (2d sentence in 8th par. on p. 241) ... 22 241 ............... 35

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
294

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1895

Mar. 2 189 ............. (words after last comma in 1st par. on

p. 959).

28 959 ............... 190a

1896

June 8 373 ............. ................................................................ 29 268 ............... 485a

1898

July 1 543 ............. 5 ............................................................. 30 570 ............... 79

546 ............. 1 (6th complete par. on p. 614) ............ 30 614 ............... 285

July 7 571 ............. (last par. under catchline ‘‘Capitol and

Grounds’’).

30 672 ............... 164

1899

Mar. 3 458 ............. 2 (2d par.) ............................................. 30 1378 ............. 89

1900

Apr. 17 192 ............. (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 125 ............... 164

1901

Mar. 3 830 ............. 1 (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 1000 ............. 164

1902

Apr. 28 594 ............. 1 (6th, last pars. on p. 152) ................. 32 152 ............... 19, 31

1903

Feb. 25 755 ............. 1 (7th par. on p. 865) ........................... 32 865 ............... 484–1

Mar. 3 1007 ........... 1 (4th complete par. on p. 1112) .......... 32 1112 ............. 304

1905

Mar. 3 1483 ........... 1 (words before ‘‘namely’’ in last sentence of 9th par. on p. 1161).33 1161 ............. 279

1908

May 27 200 ............. 1 (7th complete par. on p. 327, 1st

complete par. on p. 356, proviso on

p. 358).

35 327, 356, 358 43 note, 64,

283

May 30 228 ............. 34 ........................................................... 35 545 ............... 261

1909

Feb. 9 101 ............. (3d par. under heading ‘‘War Department’’).35 615 ............... 43 note

Mar. 4 299 ............. 1 (proviso in 2d par. on p. 997) ............ 35 997 ............... 43

1910

May 17 243 ............. ................................................................ 36 371 ............... 104, 106

June 25 384 ............. 1 (8th complete par. on p. 728 (less appropriations)).36 728 ............... 105

1912

Aug. 23 350 ............. 1 (2d complete par. on p. 375) ............. 37 375 ............... 251

Aug. 24 355 ............. 1 (last proviso in last par. on p. 432,

10th par. on p. 444).

37 432, 444 ....... 68, 280

Aug. 26 408 ............. 1 (last par. on p. 605) ........................... 37 605 ............... 174

1913

Mar. 3 106 ............. 1 ‘‘Sec. 3’’, 4 ......................................... 37 727 ............... 323

Mar. 4 142 ............. 1 (words after 4th comma in last par.

on p. 771).

37 771 ............... 38.

June 23 3 ................. 1 (proviso on p. 17, last proviso in 2d

complete par. on p. 22, 1st, 3d pars.

under heading ‘‘Central Heating and

Power Plant’’).

38 17, 22, 25 ..... 22, 253, 281

1914

Aug. 1 223 ............. 1 (last par. on p. 633) ........................... 38 633 ............... 82

1916

May 10 117 ............. 1 (last par. under catchline ‘‘Contingent

Expenses’’, last par. less proviso

under catchline ‘‘Rent’’).

39 109, 118 ....... 39, 40

1917

June 12 27 ............... 1 (words before 10th comma in 4th par.

on p. 112, last par. on p. 133).

40 112, 133 ....... 22, 91

1918

July 9 143 ............. (last par. on p. 850) .............................. 40 850 ............... 314
295

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Aug. 31 164 ............. 1 (6th par., words before ‘‘and over’’ in

last par. under heading ‘‘Washington

Aqueduct.’’).

40 951 ............... 100

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. under heading

‘‘Public Buildings’’).

41 507 ............... 272

May 29 214 ............. 1 (1st complete par. on p. 642, words

in par. under heading ‘‘Independent

Treasury’’).

41 642, 654 ....... 42, 285

June 5 235 ............. (2d complete par. on p. 913) ................. 41 913 ............... 113

253 ............. 1 (1st par. under heading ‘‘Legislative’’).41 1035 ............. 186

1921

Mar. 3 123 ............. ................................................................ 41 1251 ............. 307

1922

Feb. 17 55 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 1st complete

par. on p. 387, 1st proviso on p. 388).

42 369, 387, 388 25, 284, 312,

313

Mar. 20 103 ............. (last par. (related to inspection) on p.

430).

42 430 ............... 26

1923

Jan. 3 22 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 2d par. on p.

1108, 1st proviso on p. 1109).

42 1090, 1108,

1109.

25, 284, 312,

313

Jan. 24 42 ............... (proviso in 1st complete par. on p.

1211).

42 1211 ............. 115

Feb. 20 98 ............... (par. (related to inspection) under

catchline ‘‘Capitol Power Plant’’).

42 1273 ............. 26

1924

Apr. 4 84 ............... (proviso in 1st par. and 1st complete

par. on. p. 67, last proviso in 2d par.

under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p.

83).

43 67, 82, 83 ..... 25, 284, 312,

313

June 5 264 ............. (proviso in 2d complete par. on p. 422) 43 422 ............... 115

June 6 270 ............. 1–4(a), (d), (e), 5, 7–13 ........................ 43 463 ............... 71–71d, 71f–

72, 73, 74

June 7 303 ............. 1(words between 1st and 2d semicolons

(related to inspection) in 9th par.

under heading ‘‘Capitol Buildings

and Grounds’’).

43 587 ............... 26

1925

Jan. 22 87 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in complete par.

and 1st proviso in last par. on p.

781)).

43 766, 781 ....... 25, 284, 312,

313

Feb. 26 339 ............. ................................................................ 43 983 ............... 2–6

Mar. 3 462 ............. (proviso in 1st par. on p. 1176) ............ 43 1176 ............. 115

Mar. 4 549 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 1st par. on

p. 1296).

43 1296 ............. 26

556 ............. 1 (1st par. under heading ‘‘Public

Buildings and Grounds’’).

43 1323 ............. 91

1926

Mar. 2 43 ............... 1 (proviso in 1st par. and 1st complete

par. on p. 139, last proviso in 2d par.

under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p.

154).

44 139, 153, 154 25, 284, 312,

313

Mar. 3 44 ............... 1 (last par. under heading ‘‘Department

of the Interior, Contingent Expenses’’).

44 173 ............... 117

Apr. 29 195 ............. (proviso in 3d complete par. on p. 368) 44 368 ............... 115

Apr. 30 198 ............. ................................................................ 44 374 ............... 71

May 13 294 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 1st par. and

4th complete par. on p. 547).

44 547 ............... 26, 222

May 25 380 ............. 3, 5 (related to ‘‘amendment’’ by Act of

Feb. 16, 1931 (ch. 203, 46 Stat.

1164)), 8.

44 632, 633, 635 343, 345a
296

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1927

Jan. 26 58 ............... 1 (last proviso in 1st par. and 1st complete par. on p. 1030, last proviso in

2d par. under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p. 1045).

44 1030, 1044,

1045.

25, 284, 312,

313

Feb. 23 168 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 5th par. on

p. 1156).

44 1156 ............. 26

Feb. 24 189 ............. (provisos in 3d par. on p. 1219) ........... 44 1219 ............. 115, 115a

1928

Feb. 15 57 ............... (provisos in 3d complete par. on p. 103) 45 103 ............... 115, 115a

Mar. 5 126 ............. 1 (last proviso in 1st par. and 1st 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).

45 165, 185, 186 25, 112a,

284, 312,

313

May 14 551 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in last par. on

p. 526).

45 526 ............... 26

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. 1031, 2d proviso and

provisos in 1st complete par. on p.

1048).

45 1031, 1048 ... 25, 30a, 284,

313

Dec. 22 48 ............... ................................................................ 45 1070 ............. 72a, 72b

1929

Jan. 25 102 ............. (provisos in 4th par. on p. 1133) .......... 45 1133 ............. 115, 155a

Feb. 28 367 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 8th par. on

p. 1396).

45 1396 ............. 26

Mar. 1 423 ............. ................................................................ 45 1425 ............. 271

June 20 33 ............... 6 (words after 1st comma) .................... 46 39 ................. 161a

1930

Apr. 18 184 ............. (provisos in 2d complete par. on p. 212) 46 212 ............... 115, 115a

May 15 289 ............. 1 (5th par. under heading ‘‘Division of

Supply’’, 1st proviso and provisos in

1st complete par. on p. 358).

46 337, 358 ....... 25, 30a, 284,

313

May 16 291 ............. ................................................................ 46 366 ............... 121, 121 note

June 6 407 ............. 1 (words between 5th 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)).

46 513, 514 ....... 26, 174a

June 28 710 ............. ................................................................ 46 828 ............... 255

1931

Feb. 16 203 ............. 1 ............................................................. 46 1164 ............. 345a

Feb. 20 234 ............. 1 (words between 5th 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)).

46 1183, 1184 ... 26, 174a

Feb. 23 277 ............. 1 (3d par. on p. 1219, last proviso in

complete par. and proviso in last par.

on p. 1234, proviso in 1st par. on p.

1235).

46 1219, 1234,

1235.

25, 30a, 284,

313

280 ............. 1 (provisos in 3d par. on p. 1349) ........ 46 1349 ............. 115, 115a

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

June 30 314 ............. 1 (words between 5th and 6th semicolons (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.

47 391, 392, 412 26, 174a,

267a, 303b

July 1 361 ............. 1 (2d, last provisos in 1st par. on p.

517).

47 517 ............... 115, 115a

July 5 430 ............. 1 (1st complete par. on p. 582, last

proviso in 1st complete par. and provisos in last par. on p. 596).

47 582, 596 ....... 25, 30a, 284,

313
297

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1933

Feb. 11 48 ............... 1 ............................................................. 47 799 ............... 124, 125

Feb. 28 134 ............. 1 (words between 5th 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)).

47 1360 ............. 26, 174a

Mar. 1 144 ............. 1 (provisos in 4th par. on p. 1406) ....... 47 1406 ............. 115, 115a

Mar. 3 212 ............. (2d par. under heading ‘‘General Supply Committee’’, last proviso in complete par. and last proviso on p.

1505, proviso in 1st par. on p. 1506).

47 1491, 1505,

1506.

25, 30a, 284,

313

June 16 90 ............... 202–210, 220, 303, 304 ........................ 48 201, 210, 211 402–411,

413, 414

101 ............. 7 ............................................................. 48 305 ............... 315

1934

Jan. 24 4 ................. 34 ........................................................... 48 336 ............... 191

Feb. 15 13 ............... 1 (words before 1st proviso (related to

continuation of Civil-Works program)).

48 351 ............... 411a

Mar. 15 70 ............... 1 (1st complete par. on p. 438, last

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’’).

48 438, 441,

442, 449.

25, 30a, 284,

313

May 7 222 ............. 1–3 ......................................................... 48 668 ............... 13a–13c

May 30 372 ............. 1 (words between 5th 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)).

48 827 ............... 26, 174a

June 13 482 ............. 2 ............................................................. 48 948 ............... 276c

June 19 648 ............. (last par. on p. 1044) ............................ 48 1044 ............. 22a

1935

May 14 110 ............. 1 (last proviso in 3d par. on p. 233,

last proviso and last par. on p. 234).

49 233, 234 ....... 284, 313,

313a

June 27 320 ............. ................................................................ 49 425 ............... 22b, 22b

note, 22c

July 8 374 ............. (3d complete par. on p. 470 (related to

care and operation of Senate Office

Building)).

49 470 ............... 174a

Aug. 24 642 ............. ................................................................ 49 793 ............... 270, 270a,

270a notes,

270b—

270d–1

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 complete par. on p.

1843, last proviso and last par. on p.

1844).

49 1843, 1844 ... 284, 313,

313a

June 25 822 ............. ................................................................ 49 1938 ............. 290

June 29 860 ............. ................................................................ 49 2025 ............. 421–425

1937

May 14 180 ............. 1 (last proviso in 2d complete par. on p.

153, last proviso and last par. on p.

154, last proviso in 1st par. on p.

163).

50 153, 154, 163 284, 313,

313a

May 18 223 ............. (last par. on p. 179 (related to care and

operation of Senate Office Building)).

50 179 ............... 174a

July 8 444 ............. 1–7, 10, 11 ............................................ 50 479, 484 ....... 721, 721

notes, 722–

729

1938

Mar. 28 55 ............... 1 (last proviso on p. 137, last proviso

and 1st complete par. on p. 139, last

proviso in 1st complete par. on p.

147).

52 137, 139, 147 284, 313,

313a

May 17 236 ............. (1st par. under catchline ‘‘Senate Office

Building’’ (related to care and operation of Senate Office Building)).

52 391 ............... 174a

June 15 400 ............. ................................................................ 52 693 ............... 311b

June 20 534 ............. 16 ........................................................... 52 802 ............... None
298

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1939

May 6 115 ............. 1 (last proviso in 2d complete par. on p.

672, 4th and last provisos and 1st

complete par. on p. 674, last proviso

in 1st complete par. on p. 682).

53 672, 674, 682 109a, 284,

313, 313a

June 3 176 ............. ................................................................ 53 808 ............... 311b

July 15 281 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

53 1033 ............. 60a

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 provisos on p. 69, 1st par.

on p. 70, last proviso in 2d complete

par. on p. 77).

54 69, 70, 77 ..... 109a, 284,

313, 313a

June 12 333 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

54 334 ............... 60a

June 15 373 ............. ................................................................ 54 399 ............... 276a, 276a note June 18 396 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

54 472 ............... 166a

July 18 634 ............. ................................................................ 54 764 ............... 109, 109a

635 ............. ................................................................ 54 764 ............... 304a–304d

Aug. 13 666 ............. ................................................................ 54 788 ............... 316

Sept. 9 717 ............. (3d proviso under heading ‘‘Military

Posts’’).

54 873 ............... 269a

Oct. 8 756 ............. (1st proviso on p. 968) .......................... 54 968 ............... 269a

Oct. 9 793 ............. ................................................................ 54 1083 ............. 255

Oct. 22 908 ............. 6 ............................................................. 54 1208 ............. 13e

1941

Mar. 23 26 ............... (last proviso in 5th complete par. on p.

53).

55 53 ................. 276a–7

Apr. 29 81 ............... ................................................................ 55 147 ............... 270e, 270f

May 31 156 ............. 1 (6th and last provisos on p. 226, 2d

par. under heading ‘‘Procurement Division’’, last proviso in 1st complete

par. on p. 234).

55 226, 234 ....... 109a, 284,

313, 313a

June 30 262 ............. (2d proviso under heading ‘‘Military

Posts’’).

55 375 ............... 269a

July 1 268 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

55 457 ............... 166a

271 ............. (1st par. on p. 529) ............................... 55 529 ............... 60a

Aug. 21 395 ............. (last proviso in 14th par. on p. 664) ..... 55 664 ............... 276a–7

Dec. 10 563 ............. ................................................................ 55 796 ............... 291

1942

Feb. 21 108 ............. (words after last comma in 1st par. on

p. 109).

56 109 ............... 313

Mar. 10 178 ............. (5th and 6th provisos and 1st complete

par. on p. 161, 2d proviso on p. 169).

56 161, 169 ....... 109a, 284,

313, 313a

Apr. 28 249 ............. ................................................................ 56 247 ............... 278b

June 8 396 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

56 341 ............... 166a

June 27 450 ............. (1st proviso in 2d complete par. and

last par. on p. 407).

56 407 ............... 277a, 284

452 ............. (1st complete par. on p. 451) ................ 56 451 ............... 60a

Oct. 21 618 ............. ................................................................ 56 797 ............... 258f

1943

June 26 145 ............. 101 (proviso in par. under heading ‘‘Office of the Administrator’’, last proviso on p. 177, 1st and 2d complete

pars. on p. 178).

57 176, 177, 178 7a, 265a,

277a, 284

June 28 173 ............. (1st complete par. on p. 232) ................ 57 232 ............... 166a

June 30 179 ............. (5th and 6th provisos and 1st complete

par. on p. 262), 201 (last proviso).

57 262, 269 ....... 109a, 284,

313, 313a

July 1 184 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

57 338 ............... 60a

1944

Apr. 1 152 ............. (words before proviso in last par. under

heading ‘‘Treasury Department’’).

58 162 ............... 756 note

Apr. 22 175 ............. (7th proviso and 1st complete par. on p.

206, last proviso in 1st complete par.

on p. 214).

58 206, 214 ....... 284, 313,

313a
299

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

June 26 277 ............. 101 (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

58 346 ............... 166a

June 27 286 ............. 101 (1st proviso on p. 367, 1st proviso

in 2d complete par. and last par. on

p. 368, 1st complete par. on p. 369).

58 367, 368, 369 7a, 265a,

277a,284

June 28 300 ............. (last proviso on p. 526) ......................... 58 526 ............... 60a

1945

Apr. 24 92 ............... (2d proviso and 1st complete par. on p.

67, last proviso in 3d par. under

heading ‘‘Public Buildings, Maintenance and Operation’’).

59 67, 74 ........... 284, 313,

313a

May 3 106 ............. 101 (proviso in 1st par. under heading

‘‘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).

59 112, 114 ....... 7a, 265a,

277a, 284,

292, 293

June 13 189 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

59 251 ............... 166a

June 30 209 ............. (4th proviso in 1st complete par. on p.

289).

59 289 ............... 60a

1946

Mar. 28 113 ............. 101 (proviso in 1st par. under heading

‘‘Office of the Administrator’’, proviso in 1st and 2d pars. and 3d–last

pars. on p. 67).

60 65, 67 ........... 7a, 265a,

277a, 284,

292

June 14 404 ............. 1–4, 7–9 ................................................ 60 257, 258 ....... 128, 295,

296, 304b,

304c, 341

note July 1 530 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

60 400 ............... 166a

July 9 544 ............. (4th proviso in 1st complete par. on p.

518).

60 518 ............... 60a

July 20 588 ............. 101 (5th proviso and 1st complete par.

on p. 579, last proviso in 3d par.

under heading ‘‘Public Buildings,

Maintenance and Operation’’).

60 579, 585 ....... 284, 313,

313a

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 complete par. on

p. 224, last proviso in 1st complete

par. on p. 233).

61 224, 233 ....... 284, 313,

313a

July 17 262 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

61 369 ............... 166a

July 25 324 ............. (4th proviso in 1st par. on p. 443) ....... 61 443 ............... 60a

327 ............. 2(a) (5th par.) ....................................... 61 451 ............... 101 note

July 30 358 ............. 302 ......................................................... 61 583 ............... 33a

359 ............. 101 (proviso in last complete par. and

last par. on p. 593, 1st and 2d complete pars. on p. 594).

61 593, 594 ....... 277a, 284,

292

Aug. 5 493 ............. 2 (1st sentence) ..................................... 61 774 ............... 303

1948

Apr. 20 219 ............. 101 (proviso in 1st and 2d complete

pars., last complete par., and last

par. on p. 183).

62 183 ............... 277a, 284,

292

May 14 290 ............. ................................................................ 62 235 ............... 129a–130a

June 1 359 ............. ................................................................ 62 281 ............... 318–318d

June 14 466 ............. (5th proviso and 1st complete par. on p.

415, 3d complete par. on p. 416, last

proviso on p. 421).

62 415, 416, 421 284, 313,

313a, 756

note 467 ............. 101 (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

62 430 ............... 166a

June 19 555 ............. (4th proviso in 1st complete par. on p.

553).

62 553 ............... 60a

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 par. on p. 224) ........ 63 224 ............... 166a
300

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

June 29 279 ............. (1st proviso on p. 319) .......................... 63 319 ............... 60a

June 30 286 ............. (last proviso in 1st par. under heading

‘‘Bureau of Federal Supply’’, 2d–last

sentences in 1st complete par. on p.

364, par. under heading ‘‘General

Supply Fund’’).

63 363, 364 ....... 313–1, 314a,

756 note

288 ............. 1–3, 101–103, 106, 107, 109(a)–(c),

(e)–(g), 110, 112, 201, 202(a)–(e),

(g), (h), 203–212, 401–404, 601,

602(a), (c)–(e), 603, 605, 606, 801–

806, 901–905.

63 377, 381,

382, 383,

385, 397,

399, 401,

403.

471, 471

notes, 472–

476, 481,

483, 484,

485, 486–

490, 491,

492, 511–

514, 531,

531 note,

532–535,

541, 541

note, 542–

544, 751–

755, 756,

757, 758,

760

Aug. 18 479 ............. ................................................................ 63 616 ............... 13f–13p

Aug. 24 506 ............. 101 (provisos and 3d and 4th complete

pars. on p. 640), 307.

63 640, 662 ....... 33a, 277a,

284, 292

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. 364) ........................... 64 364 ............... 60a

Sept. 5 849 ............. 1–5, 6(a) (related to §§ 601, 602(a)

and (c)–(e), 603, and 605), (b) (related to §§ 601, 602(a) and (c)–(e),

603, and 605), (c), 7(a)–(d),

(e)(‘‘Sec. 602(c)’’), (f), (g), 8(a), (b),

(c) (related to § 602(e)), 9, 10(b), 11.

64 578, 583,

590, 591.

471 note,

472, 472

note, 473,

474, 475,

481, 484,

486, 490,

491, 492,

752, 756,

756 note,

758

Sept. 6 896 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’, 1st complete par. on p. 706, 1st par. and

2d–last sentences in last par. on p.

708, ‘‘Sec. 1207’’).

64 602, 706,

708, 764.

33a, 166a,

278c, 313–

1, 756 note

Sept. 27 1052 ........... (par. under heading ‘‘General Supply

Fund’’).

64 1056 ............. 756 note

1951

Aug. 3 292 ............. (3d proviso in 1st par. on p. 167) ......... 65 167 ............... 60a

Aug. 31 376 ............. (1st proviso on p. 275) .......................... 65 275 ............... 313–2

Oct. 11 485 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

65 396 ............... 166a

Oct. 24 559 ............. 1–9, 11 .................................................. 65 634 ............... 193n–193v,

193x

Oct. 31 654 ............. 1(73)–(97), 2(1), (20), (24), 4(8) ......... 65 704, 706,

707, 709.

5a, 7, 8–13,

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 complete par. on p.

385, proviso on p. 400).

66 385, 400 ....... 60a, 313–2

July 9 598 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

66 472 ............... 166a

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
301

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

July 19 949 ............. 1 ‘‘Sec. 1–4(a), (d), (e), 5, 7–10’’, 2 ..... 66 781, 787, 789 71, 71 note,

71a–71d,

71f–72, 73,

74

1953

July 31 299 ............. (4th proviso in 1st complete par. on p.

290, last proviso on p. 304).

67 290, 304 ....... 60a, 313–2

Aug. 1 304 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

67 327 ............... 166a

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. 282) ......................... 68 282 ............... 313–2

June 30 432 ............. 723 ......................................................... 68 355 ............... 483a

July 1 449 ............. (last proviso on p. 386) ......................... 68 386 ............... 60a

July 2 455 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

68 405 ............... 166a

July 14 481 ............. ................................................................ 68 474 ............... 484

Aug. 2 649 ............. 702(a), (b), (d)–(g), 703 ....................... 68 641 ............... 460, 462

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. 205) ......................... 69 205 ............... 313–2

July 5 272 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

69 254 ............... 60a

July 13 358 ............. 622 ......................................................... 69 319 ............... 483a

Aug. 1 442 ............. ................................................................ 69 430 ............... 484

Aug. 5 568 ............. (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

69 515 ............... 166a

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, 3d par. on p. 345) 70 344, 345 ....... 313–2, 756

note

453 ............. (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

70 365 ............... 166a

June 29 479 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

70 447 ............... 60a

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 ‘‘General Supply

Fund’’).

70 686 ............... 756 note

Aug. 3 942 ............. ................................................................ 70 1020 ............. 484

1957

June 5 85–48 ......... 207 ......................................................... 71 54 ................. 33a

June 29 85–69 ......... (3d complete par. on p. 231, 5th complete par. on p. 232).71 231, 232 ....... 313–2, 756 note

July 1 85–75 ......... (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

71 251 ............... 166a

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 heading ‘‘Salaries’’) ..... 72 448 ............... 166a

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 ‘‘General Supply

Fund’’, last par. on p. 1069).

72 1068, 1069 ... 313–2, 756

note

Sept. 2 85–886 ....... 1, 3 ........................................................ 72 1709 ............. 490
302

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1959

May 20 86–30 ......... (par. under heading ‘‘General Supply

Fund’’).

73 43 ................. 756 note

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 heading ‘‘Salaries’’) ...... 73 407 ............... 166a

Sept. 1 86–215 ....... ................................................................ 73 446 ............... 485

Sept. 9 86–249 ....... 1–17(5), (7)–(23), 19–21 ...................... 73 479, 484 ....... 23, 24, 32,

33, 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 heading ‘‘General Provisions’’).73 507 ............... 313–2

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 complete pars. on p.

434).

74 434 ............... 313–2, 484a

86–628 ....... (last par. under heading ‘‘Salaries’’) ..... 74 455 ............... 166a

86–642 ....... 207 ......................................................... 74 478 ............... 33a

Sept. 13 86–764 ....... ................................................................ 74 904 ............... 126

1961

Mar. 31 87–14 ......... (par. under heading ‘‘General Supply

Fund’’).

75 25 ................. 756 note

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 heading ‘‘Salaries’’) ..... 75 329 ............... 166a

Aug. 17 87–141 ....... (par. under heading ‘‘General Supply

Fund’’, 2d par. on p. 353).

75 351, 353 ....... 313–2, 756 note 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 ‘‘General Supply

Fund’’).

76 212 ............... 756 note

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, 204 ....................... 76 357, 360 ....... 321, 321

note, 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

Oct. 2 87–730 ....... (last par. under heading ‘‘Salaries’’) ..... 76 688 ............... 166a

Oct. 3 87–741 ....... (par. under heading ‘‘General Supply

Fund’’, last par. on p. 727).

76 725, 727 ....... 313–2, 756

note

Oct. 10 87–786 ....... ................................................................ 76 805 ............... 484

Oct. 23 87–847 ....... ................................................................ 76 1117 ............. 757

87–852 ....... ................................................................ 76 1129 ............. 319c
303

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(title 40 unless otherwise

specified)

Volume Page

1963

May 17 88–25 ......... (par. under heading ‘‘General Supply

Fund’’).

77 26 ................. 756 note

Oct. 17 88–149 ....... 516 ......................................................... 77 267 ............... 483a

Dec. 19 88–215 ....... (par. under heading ‘‘General Supply

Fund’’, 4th par. on p. 436).

77 434, 436 ....... 313–2, 756 note Dec. 30 88–248 ....... (last par. under heading ‘‘Salaries’’) ..... 77 812 ............... 166a

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 Assistant Architect

of the Capitol), (e).

78 415 ............... 166b, 166b–1

Aug. 19 88–446 ....... 516 ......................................................... 78 477 ............... 483a

Aug. 20 88–454 ....... (last par. under heading ‘‘Salaries’’) ..... 78 544 ............... 166a

Aug. 30 88–507 ....... (2d complete par. on p. 655) ................. 78 655 ............... 313–2

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, 202, 207, 214,

221–226, 301–304, 401–405.

79 5, 17 ............. 40 App.:1, 2,

101–108,

201, 202,

207, 214,

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 p. 531) ................. 79 531 ............... 313–2

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 heading ‘‘Salaries’’) ..... 80 364 ............... 166a

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 § 702), (d) .............. 81 22 ................. 460, 462, 474

May 29 90–21 ......... (par. under heading ‘‘General Supply

Fund’’).

81 33 ................. 756 note

July 28 90–57 ......... (last par. under heading ‘‘Salaries’’) ..... 81 136 ............... 166a

Sept. 29 90–96 ......... 616 ......................................................... 81 245 ............... 483a

Oct. 11 90–103 ....... 101–104, 106, 107, 112, 116–123 ........ 81 257, 258,

261, 263.

40 App.:1

note, 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 p. 349) ................. 81 349 ............... 313–2

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, 109–116(a)(1), (b), 117–

120, 201–203.

82 43, 45 ........... 801, 801

note, 802–

804, 804

note, 805–

808, 811–

819a, 821–

823
304

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specified)

Volume Page

June 19 90–351 ....... 525 ......................................................... ........ ...................... 484

July 5 90–376 ....... 3 ............................................................. 82 286 ............... 193v

July 23 90–417 ....... (2d par. under heading ‘‘Salaries’’) ...... 82 407 ............... 166a

July 23 90–417 ....... (last par. under heading ‘‘Salaries’’) ..... 82 407 ............... 167a note

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 p. 944) ................. 82 944 ............... 313–2

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 heading ‘‘General Provisions’’).83 228 ............... 313–2

Dec. 9 91–143 ....... 8 ............................................................. 83 322 ............... 651, 652,

661, 663–

665, 671,

682–684

Dec. 12 91–145 ....... (last par. under heading ‘‘Salaries’’) ..... 83 350 ............... 166a

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

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 (related to salary

of Executive Assistant Architect of

the Capitol) in 1st par. under heading ‘‘Salaries’’), 1st complete par. on

p. 818).

84 817, 818 ....... 166a, 166b–1

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 heading ‘‘General Provisions’’).84 1448 ............. 313–2

1971

Jan. 11 91–668 ....... 817 ......................................................... 84 2033 ............. 483a

July 9 92–49 ......... 611 ......................................................... 85 124 ............... 313–2

92–51 ......... (last par. under heading ‘‘Salaries’’) ..... 85 137 ............... 166a

Aug. 5 92–65 ......... 201–204, 206, 208, 210–214 ................ 85 168, 169, 171 40 App.:1

note, 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 heading ‘‘Salaries’’) ..... 86 442 ............... 166a

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
305

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Date Chapter or

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(title 40 unless otherwise

specified)

Volume Page

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 heading ‘‘Salaries’’) ..... 87 540 ............... 166a

Dec. 24 93–198 ....... 203, 739(a)–(c), (e)–(g)(2), (7), (8),

(h)–(j).

87 779, 825,

826, 829.

13n, 71a,

71c–71g,

136, 193a

Dec. 29 93–226 ....... ................................................................ 87 943 ............... 193a note

1974

Jan. 2 93–238 ....... 717 ......................................................... 87 1041 ............. 483a

Aug. 13 93–371 ....... (last par. under heading ‘‘Salaries’’) ..... 88 437 ............... 166a

Aug. 22 93–383 ....... 401(c) .................................................... 88 691 ............... 460

Aug. 30 93–400 ....... 15 ........................................................... 88 800 ............... 474, 487, 581

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 ‘‘Appalachian Regional Development Programs’’).88 1711 ............. 40 App.:208

note

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 heading ‘‘Salaries’’) ...... 89 287 ............... 166a

Aug. 9 94–82 ......... 204(b) ‘‘Sec. 203(d) (related to Assistant Architect of the Capitol)’’.89 421 ............... 166b

94–91 ......... 401 ......................................................... 89 452 ............... 490a

Dec. 31 94–188 ....... 101–111, 113, 115–122, 124 ................ 89 1079, 1082,

1083, 1086.

40 App.:1

note, 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 heading ‘‘Salaries’’) ..... 90 1452 ............. 166a

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 heading ‘‘Salaries’’) ...... 91 672 ............... 166a

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 heading ‘‘Salaries’’) ..... 92 781 ............... 166a

Oct. 10 95–431 ....... (proviso in par. under heading ‘‘Care of

the Building and Grounds’’).

92 1036 ............. 13a, 13b

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 ‘‘General Supply

Fund’’).

93 124 ............... 756 note

July 30 96–41 ......... 3(d) ........................................................ 93 325 ............... 485

Aug. 15 96–60 ......... 203(c) .................................................... 93 399 ............... 474

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
306

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Date Chapter or

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(title 40 unless otherwise

specified)

Volume Page

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,

2246.

50, 514, 610

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 (related to expenses

of travel by the Office of the Architect of the Capitol)].

94 3167 ............. 166a

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 ‘‘General Supply

Fund’’).

95 75 ................. 756 note,

756a

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 (related to expenses

of travel by the Office of the Architect of the Capitol)].

95 959 ............... 166a

Dec. 4 97–88 ......... (par under heading ‘‘Appalachian Regional Development Programs’’).95 1146 ............. 40 App.:401 note Dec. 22 97–98 ......... 1443 ....................................................... 95 1321 ............. 483

Dec. 29 97–114 ....... 717 ......................................................... 95 1581 ............. 483a

97–125 ....... 1–3(2), (3) ‘‘Secs. 111–116(a)(1), (b),

117–119’’, 4.

95 1667, 1671 ... 801 note,

802, 811,

811 note,

812–819

1982

Apr. 2 97–164 ....... 160(a)(13) ............................................. 96 48 ................. 330

Oct. 2 97–276 ....... 101(e) [S. 2939 (related to expenses of

travel by the Office of the Architect

of the Capitol)].

96 1189 ............. 166a

Dec. 21 97–377 ....... 101(c) [title VII, § 717], (f) (related to

programs authorized by the Appalachian Regional Development Act of

1965), 120.

96 1853, 1906,

1913.

483a, 490c

note, 40

App.:401

note Dec. 29 97–390 ....... 1 ............................................................. 96 1957 ............. 13f, 13l, 13n,

13p

1983

July 14 98–50 ......... (par under heading ‘‘Appalachian Regional Development Programs’’).97 259 ............... 40 App.:401

note 98–51 ......... (par. under heading ‘‘Travel’’) .............. 97 273 ............... 166a

July 30 98–63 ......... 101 (1st–9th sentences in par. under

heading ‘‘Consumer Information Center Fund’’).

97 321 ............... 761

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 ‘‘Appalachian Regional Development Programs’’).98 418 ............... 40 App.:401 note July 17 98–367 ....... (par. under heading ‘‘Travel’’) .............. 98 482 ............... 166a

July 18 98–369 ....... 2713(b) .................................................. 98 1184 ............. 759 note

Oct. 12 98–473 ....... 101(h) [title VIII, § 8013], (j) [H.R.

5798, title IV, § 6, title V, § 507],

701, 702.

98 1925, 1963,

2129.

483a, 484,

490c note,

490d note

Oct. 19 98–524 ....... 4(e)(2) ................................................... 98 2489 ............. 40 App.:214

1985

Nov. 1 99–141 ....... (par under heading ‘‘Appalachian Regional Development Programs’’).99 577 ............... 40 App.:401 note
307

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Date Chapter or

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(title 40 unless otherwise

specified)

Volume Page

Nov. 8 99–145 ....... 1241(a) .................................................. 99 734 ............... 328

Nov. 13 99–151 ....... (par. under heading ‘‘Travel’’) .............. 99 800 ............... 166a

Dec. 19 99–190 ....... 101(h) [H.R. 3036, title IV, § 6, title

V, § 507], 139.

99 1291, 1323 ... 490b, 490c

note, 490d

note

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, par. under heading

‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related to use

of appropriations for travel expenses)], (m) [title IV, § 6, title V,

§ 507, title VI, § 616, title VIII,

§§ 821(a)(1), 832], 151.

100 1783–210,

1783–287,

1783–321,

1783–324,

1783–331,

1783–340,

1783–345,

1783–352.

166a, 490b,

490c note,

490d note,

751, 756b,

757, 40

App.:401

note

Oct. 30 99–591 ....... 101(e) [title IV, par. under heading

‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related to use

of appropriations for travel expenses)], (m) [title IV, § 6, title V,

§ 507, title VI, § 616, title VIII,

§§ 821(a)(1), 832], 151.

100 3341–210,

3341–287,

3341–321,

3341–324,

3341–331,

3341–340,

3341–345,

3341–355.

166a, 490b,

490c note,

490d note,

751, 756b,

757, 40

App.:401

note

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

Aug. 21 100–113 ..... 1–6, 10 .................................................. 101 735, 747 ....... 1101, 1101

note, 1102–

1105, 1109

Dec. 22 100–202 ..... 101(b) [title VIII, § 8093], (d) [title IV,

par. under heading ‘‘Appalachian Regional Commission’’], (f) [title II,

§ 3], (i) [title I, § 4 and par. under

heading ‘‘Travel’’], (m) [title IV, § 5,

title V, § 507, title VI, §§ 616, 619].

101 1329–79,

1329–127,

1329–196,

1329–294,

1329–301,

1329–410,

1329–415,

1329–423,

1329–427.

166a, 490

note, 490b,

490c note,

490d note,

756 notes,

756b,

1003, 40

App.:401

note

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 ‘‘Appalachian Regional Commission’’).102 871 ............... 40 App.:401

note

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,

1747.

490a–1 note,

490c note,

490d note

Oct. 1 100–458 ..... (par. under heading ‘‘Travel’’) .............. 102 2169 ............. 166a

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
308

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Date Chapter or

Public Law Section

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(title 40 unless otherwise

specified)

Volume Page

1989

Aug. 9 101–73 ....... 744(f), (g) .............................................. 103 438 ............... 474, 612

Sept. 29 101–101 ..... (par. under heading ‘‘Appalachian Regional Commission’’).103 663 ............... 40 App.:401 note

Nov. 3 101–136 ..... 5, 7, 9, 22, 25, 506 ............................... 103 802, 803,

807, 808,

812.

490a–1, 490c

note, 490d,

490e, 491

note, 757

Nov. 21 101–162 ..... (proviso in par. under heading ‘‘Care of

the Building and Grounds’’).

103 1010 ............. 13a note

101–163 ..... (par. under heading ‘‘Travel’’), 106(a),

(b).

103 1055, 1056 ... 166a, 166b–1

1990

Oct. 15 101–427 ..... ................................................................ 104 927 ............... 40 App.:221

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,

1423.

490c note,

490f, 490g

note

101–510 ..... 2805 ....................................................... 104 1786 ............. 485

101–514 ..... (par. under heading ‘‘Appalachian Regional Commission’’).104 2095 ............. 40 App.:401 note

101–520 ..... (par. under heading ‘‘Travel’’) .............. 104 2266 ............. 166a

1991

June 13 102–54 ....... 13(o) ...................................................... 105 278 ............... 612

Aug. 14 102–90 ....... (par. under heading ‘‘Travel’’), 312(f) .. 105 458, 469 ....... 166a, 184b–

184f

Aug. 17 102–104 ..... (par. under heading ‘‘Appalachian Regional Commission’’).105 533 ............... 40 App.:401 note

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 ‘‘Appalachian Regional Commission’’).106 1339 ............. 40 App.:401

note

Oct. 6 102–392 ..... (par. under heading ‘‘Travel’’), 311,

318, 324.

106 1714, 1723,

1724, 1726.

166a, 193a

note, 1204,

1205, 1207

102–393 ..... 5, 13, 505, 528 ...................................... 106 1750, 1751,

1757, 1760.

490b, 490c

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 ‘‘Travel’’) .............. 107 702 ............... 166a

Sept. 21 103–82 ....... 202(f) ..................................................... 107 888 ............... 484

Oct. 28 103–123 ..... 5, 7, 505 ................................................ 107 1246, 1247,

1252.

485, 490c

note, 755a

103–126 ..... (par. under heading ‘‘Appalachian Regional Commission’’).107 1331 ............. 40 App.:401 note

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 ‘‘Travel’’) .............. 108 1434 ............. 166a

Aug. 26 103–316 ..... (par. under heading ‘‘Appalachian Regional Commission’’).108 1720 ............. 40 App.:401

note

103–321 ..... 2 ............................................................. 108 1793 ............. 1001 note,

1002,

1003,

1006–1010

Sept. 30 103–329 ..... (par. under heading ‘‘Payment of Government Losses in Shipment’’), 505,

611.

108 2387, 2409,

2418.

486a, 490c

note, 722a
309

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Oct. 13 103–355 ..... 1555, 4104(b), (c), 7301–7306,

8301(b), 10005(a)(2), (b)(2), (f)(1),

(2).

108 3300, 3341,

3382,

3396,

3406, 3408.

270a, 270a

notes,

270d–1,

276d, 276d

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 ‘‘Appalachian Regional Commission’’).109 416 ............... 40 App.:401 note 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 ‘‘Travel’’) .............. 109 527 ............... 166a

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), 4321(i)(8), 5001,

5002, 5101, 5111–5113, 5121–5124,

5125(b)–(d), 5126–5128, 5131(a)–

(d), 5132, 5141, 5142, 5201, 5301–

5305, 5311, 5312, 5401–5403,

5607(b), 5608(a), 5701.

110 510, 555,

676, 679,

685, 686,

689, 691,

701, 702.

270a note,

485, 759,

1401, 1401

notes,

1411–1413,

1421–1428,

1441, 1441

note, 1442,

1451,

1452,

1461,

1471–1475,

1491,

1492,

1501–1503

Apr. 24 104–132 ..... 803 ......................................................... 110 1305 ............. 137

Apr. 26 104–134 ..... 101(c) [title I, proviso in 1st par. under

heading ‘‘John F. Kennedy Center

for the Performing Arts’’, title III,

§ 313].

110 1321–193,

1321–198.

193n, 872,

872 note

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 ‘‘Travel’’) .............. 110 2404 ............. 166a

Sept. 23 104–201 ..... 823, 1067 .............................................. 110 2609, 2654 ... 318c, 490

Sept. 26 104–204 ..... (2d proviso under heading ‘‘Consumer

Information Center Fund’’).

110 2916 ............. 761a

Sept. 30 104–206 ..... (par. under heading ‘‘Appalachian Regional Commission’’).110 3000 ............. 40 App.:401

note Sept. 30 104–208 ..... 101(f) [title VI, § 640] .......................... 110 3009–365 ..... 1411 note

104–208 ..... 101(e) [title VII, § 709(a)(4), (5)], (f)

[title IV, 3d-6th provisos on p. 3009–

335, § 407, title VI, § 611, title VIII,

§ 808(b)].

110 3009–312,

3009–335,

3009–337,

3009–355,

3009–394.

276d–3,

486a, 490,

612, 872

note, 1401

note, 40

App.:214

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 buildings considered

to be federally owned), 413.

111 1297, 1300 ... 481, 490i

note Oct. 13 105–62 ....... (par. under heading ‘‘Appalachian Regional Commission’’).

111 1336 ............. 40 App.:401 note Oct. 27 105–65 ....... (last proviso in par. under heading

‘‘Consumer Information Center

Fund’’).

111 1377 ............. 761a

Nov. 14 105–83 ....... (last proviso in par. under heading

‘‘National Capital Planning Commission’’).

111 1589 ............. 71a note

Nov. 18 105–85 ....... 850(f)(2), 852, 1073(h)(4) .................... 111 1849, 1851,

1907.

1441 note,

1492, 1501

Nov. 19 105–95 ....... 4 (related to section 9(3) of the Act of

October 24, 1951).

111 2149 ............. 193v

105–100 ..... 157(f) ..................................................... 111 2187 ............. 138
310

HR 2068 RFS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Nov. 26 105–119 ..... 118 ......................................................... 111 2468 ............. 484

1998

June 9 105–178 ..... 1117(c), 1211(b), 1212(a)(2)(B)(iii),

1222.

112 160, 188,

193, 223.

819a, 40

App.:201,

403, 405,

405 note

Aug. 7 105–220 ..... 199(a)(4) ............................................... 112 1059 ............. 40 App.:211

Oct. 7 105–245 ..... (par. under heading ‘‘Appalachian Regional Commission’’).112 1854 ............. 40 App.:401

note

Oct. 21 105–277 ..... 101(h) [title IV, 6th and 9th provisos

on p. 2681–502, title VI, §§ 603,

630], 1335(h).

112 2681–502,

2681–513,

2681–522,

2681–788.

490 note,

490b note,

490i, 1106

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, 222 ....................... 112 3618, 3625 ... 40 App.:1

note, 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 ‘‘Appalachian Regional Commission’’).113 498 ............... 40 App.:401

note

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) [§ 233(a)] ............................ 113 1501A–301 ... 484

Dec. 12 106–168 ..... 301 ......................................................... 113 1821 ............. 484

2000

Oct. 27 106–377 ..... 1(a)(2) (par. under heading ‘‘Appalachian Regional Commission’’).114 1441A–82 ..... 40 App.:401

note

Oct. 30 106–398 ..... 1 [§§ 809, 2814] .................................... 114 1654A–208,

1654A–419.

484, 1492

Nov. 13 106–518 ..... 313 ......................................................... 114 2421 ............. 13n

Dec. 21 106–554 ..... 1(a)(3) [§ 643], (7) [§ 307(a)] .............. 114 2763A–169,

2763A–635.

258e–1, 490b

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.

Passed the House of Representatives June 11, 2002.

Attest: JEFF TRANDAHL,

Clerk.

By MARTHA C. MORRISON,

Deputy Clerk.