1

I

107TH CONGRESS

1ST SESSION H. R. 2068

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’’.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2001

Mr. SENSENBRENNER introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

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,

3 SECTION 1. TITLE 40, UNITED STATES CODE.

4 Certain general and permanent laws of the United States, related to pub5 lic buildings, property, and works, are revised, codified, and enacted as title

6 40, United States Code, ‘‘Public Buildings, Property, and Works’’, as fol7 lows:
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1 TITLE 40—PUBLIC BUILDINGS,

2 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

3 SUBTITLE I—FEDERAL PROPERTY AND

4 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

5 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. 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. Services to Architect of the Capitol.

127. Reports to Congress.

6 SUBCHAPTER I—PURPOSE AND DEFINITIONS

7 § 101. Purpose

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

9 an economical and efficient system for the following activities:

10 (1) Procuring and supplying personal property and nonpersonal serv11 ices, and performing related functions including contracting, inspection,

12 storage, issue, setting specifications, identification and classification,

13 transportation and traffic management, establishment of pools or sys14 tems for transportation of Government personnel and property by

15 motor vehicle within specific areas, management of public utility serv16 ices, repairing and converting, establishment of inventory levels, estab17 lishment of forms and procedures, and representation before federal

18 and state regulatory bodies.

19 (2) Using available property.

20 (3) Disposing of surplus property.
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1 (4) Records management.

2 § 102. Definitions

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

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

5 (41 U.S.C. 251 et seq.):

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

7 includes—

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

9 preserving, protecting, insuring, packing, storing, handling, con10 serving, and transporting excess and surplus property; and

11 (B) rendering innocuous, or destroying, property that is dan12 gerous to public health or safety.

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

14 means—

15 (A) property, in excess of amounts needed to complete full per16 formance, that is acquired by and in possession of a contractor or

17 subcontractor under a contract pursuant to which title is vested

18 in the Federal Government; and

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

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

21 in specifications or plans under the contract, or as a result of ter22 mination of the contract (or a subcontract), prior to completion of

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

24 (3) EXCESS PROPERTY.—The term ‘‘excess property’’ means prop25 erty under the control of a federal agency that the head of the agency

26 determines is not required to meet the agency’s needs or responsibil27 ities.

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

29 (A) an executive department or independent establishment in

30 the executive branch of the Government; and

31 (B) a wholly owned Government corporation.

32 (5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu33 tive agency or an establishment in the legislative or judicial branch of

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

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

36 the Architect of the Capitol).

37 (6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess prop38 erty’’ means excess property that is not located in the States of the

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

40 Guam, the Northern Mariana Islands, the Federated States of Micro41 nesia, the Marshall Islands, Palau, and the Virgin Islands.
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1 (7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any vehicle,

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

3 principally for highway transportation of property or passengers,

4 excluding—

5 (A) a vehicle designed or used for military field training, com6 bat, or tactical purposes, or used principally within the confines

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

8 (B) a vehicle regularly used by an agency to perform investiga9 tive, law enforcement, or intelligence duties, if the head of the

10 agency determines that exclusive control of the vehicle is essential

11 for effective performance of duties.

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

13 means contractual services designated by the Administrator of General

14 Services, other than personal and professional services.

15 (9) PROPERTY.—The term ‘‘property’’ means any interest in prop16 erty except—

17 (A)(i) the public domain;

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

19 park purposes;

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

21 from the public domain which the Secretary of the Interior deter22 mines are suitable for disposition under the public land mining

23 and mineral leasing laws; and

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

25 land or portions of land so withdrawn or reserved which the Sec26 retary, with the concurrence of the Administrator, determines are

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

28 the general public-land laws because the lands are substantially

29 changed in character by improvements or otherwise;

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

31 destroyers, or submarines; and

32 (C) records of the Government.

33 (10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means ex34 cess property that the Administrator determines is not required to meet

35 the needs or responsibilities of any federal agency.

36 SUBCHAPTER II—SCOPE

37 § 111. Application to Federal Property and Administrative

38 Services Act of 1949

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

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

41 1949 (41 U.S.C. 251 et seq.):
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1 (1) Section 101 of this title.

2 (2) Section 112 of this title.

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

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

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

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

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

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

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

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

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

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

13 (13) Section 124 of this title.

14 (14) Section 126 of this title.

15 (15) Section 127 of this title.

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

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

18 (18) Section 528 of this title.

19 (19) Section 541 of this title.

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

21 (21) Section 557 of this title.

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

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

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

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

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

27 § 112. Limitations

28 (a) IN GENERAL.—Except as otherwise provided in this section, the au29 thority conferred by this subtitle is in addition to any other authority con30 ferred by law and is not subject to any inconsistent provision of law.

31 (b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT

32 POLICY ACT.—The authority conferred by this subtitle is subject to the Of33 fice of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

34 (c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND

35 AGENCIES.—Sections 121(b) and 506(c) of this title do not apply to a Gov36 ernment corporation or agency that is subject to chapter 91 of title 31.

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

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

39 Capitol and any building, activity, or function under the direction of the Ar40 chitect). However, services and facilities authorized by this subtitle shall, as

41 far as practicable, be made available to the Senate, the House of Represent-
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1 atives, and the Architect of the Capitol on their request. If payment would

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

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

4 in advance or by reimbursement (as may be agreed upon by the Adminis5 trator of General Services and the officer or body making the request). The

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

7 agency receiving the payment.

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

9 authority of—

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

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

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

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

14 transfer to foreign governments, or foreign aid, relief, or rehabilitation,

15 but the agency carrying out the program shall, to the maximum extent

16 practicable, consistent with the purposes of the program and the effec17 tive, efficient conduct of agency business, coordinate its operations with

18 the requirements of this subtitle and with policies and regulations pre19 scribed under this subtitle;

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

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

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

23 or located in occupied territories;

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

25 section 2535 of title 10;

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

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

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

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

30 1926 (22 U.S.C. 292 et seq.);

31 (8) the Secretary of Agriculture under—

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

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

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

35 60 Stat. 1062);

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

37 with respect to the exportation and domestic consumption of agri38 cultural products;

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

40 U.S.C. 1291); or
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1 (E) section 203(j) of the Agricultural Marketing Act of 1946 (7

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

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

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

5 property;

6 (10) the Secretary of Housing and Urban Development or the Fed7 eral Deposit Insurance Corporation (or an officer of the Corporation)

8 with respect to the disposal of—

9 (A) residential property; or

10 (B) other property—

11 (i) acquired or held as part of, or in connection with, resi12 dential property; or

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

14 loans, or savings association accounts under the National

15 Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit

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

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

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

19 to property acquired in connection with a program of processing, man20 ufacture, production, or force account construction, but the Authority

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

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

23 business, coordinate its operations with the requirements of this sub24 title and with policies and regulations prescribed under this subtitle;

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

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

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

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

29 property;

30 (14) the United States Postal Service;

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

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

33 construction, reconstruction, or reconditioning (including outfitting and

34 equipping incidental to construction, reconstruction, or reconditioning)

35 of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware36 house, or other installation necessary or appropriate for carrying out

37 a program of the Administration authorized by law or nonadministra38 tive activities incidental to a program of the Administration authorized

39 by law, but the Administration shall, to the maximum extent it con40 siders practicable, consistent with the purposes of its programs and the

41 effective, efficient conduct of its activities, coordinate its operations
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1 with the requirements of this subtitle and with policies and regulations

2 prescribed under this subtitle;

3 (16) the Central Intelligence Agency;

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

5 law;

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

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

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

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

10 in foreign countries and reception centers within the United States.

11 SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

12 § 121. Administrative

13 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre14 scribe policies and directives that the President considers necessary to carry

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

16 (b) ACCOUNTING PRINCIPLES AND STANDARDS.—

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

18 needs and requirements of executive agencies, shall prescribe principles

19 and standards of accounting for property.

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

21 shall cooperate with the Administrator of General Services and with ex22 ecutive agencies in the development of property accounting systems and

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

24 prescribed principles and standards.

25 (3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen26 eral shall examine the property accounting systems established by exec27 utive agencies to determine the extent of compliance with prescribed

28 principles and standards and approved systems. The Comptroller Gen29 eral shall report to Congress any failure to comply with the principles

30 and standards or to adequately account for property.

31 (c) REGULATIONS BY ADMINISTRATOR.—

32 (1) GENERAL AUTHORITY.—The Administrator may prescribe regu33 lations to carry out this subtitle.

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

35 shall prescribe regulations that the Administrator considers necessary

36 to carry out functions assigned to the Administrator under this subtitle

37 and the head of each executive agency shall issue orders and directives

38 that the agency head considers necessary to carry out the regulations.

39 (d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—

40 (1) IN GENERAL.—Except as provided in paragraph (2), the Admin41 istrator may delegate authority conferred on the Administrator by this
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1 subtitle to an official in the General Services Administration or to the

2 head of another federal agency. The Administrator may authorize suc3 cessive redelegation of authority conferred by this subtitle.

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

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

6 applying to executive agencies;

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

8 amounts from one component of the Administration to another

9 under paragraphs (1)(C) and (2)(A) of subsection (e); or

10 (C) other authority for which delegation is prohibited by this

11 subtitle.

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

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

14 maintain or repair a building or facility under this subsection shall re15 tain the portion of the rental payment that the Administrator deter16 mines is available to operate, maintain or repair the building or facility.

17 The department or agency shall directly expend the retained amounts

18 to operate, maintain, or repair the building or facility. The retained

19 amounts remain available until expended.

20 (e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—

21 (1) IN GENERAL.—The Administrator may provide for the perform22 ance of a function assigned under this subtitle by any of the following

23 methods:

24 (A) The Administrator may direct the Administration to per25 form the function.

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

27 of the Administration and direct the component to perform the

28 function.

29 (C) The Administrator may transfer the function from one com30 ponent of the Administration to another.

31 (D) The Administrator may direct an executive agency to per32 form the function for itself, with the consent of the agency or by

33 direction of the President.

34 (E) The Administrator may direct one executive agency to per35 form the function for another executive agency, with the consent

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

37 (F) The Administrator may provide for performance of a func38 tion by a combination of the methods described in this paragraph.

39 (2) TRANSFER OF RESOURCES.—

40 (A) WITHIN GENERAL SERVICES ADMINISTRATION.—If the Ad41 ministrator transfers a function from one component of the Ad-
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1 ministration to another, the Administrator may also provide for

2 the transfer of appropriate allocated amounts from the component

3 that previously carried out the function to the component being di4 rected to carry out the function. A transfer under this subpara5 graph must be reported to the Director of the Office of Manage6 ment and Budget.

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

8 function from one executive agency to another (including a trans9 fer to or from the Administration), the Administrator may also

10 provide for the transfer of appropriate personnel, records, prop11 erty, and allocated amounts from the executive agency that pre12 viously carried out the function to the executive agency being di13 rected to carry out the function. A transfer under this subpara14 graph is subject to approval by the Director of the Office of Man15 agement and Budget.

16 (f) ADVISORY COMMITTEES.—The Administrator may establish an advi17 sory committee to provide advice on any function of the Administrator

18 under this subtitle. Members of the advisory committee shall serve without

19 compensation but are entitled to transportation and not more than $25 a

20 day instead of expenses under section 5703 of title 5.

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

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

23 assistance to accomplish the purposes of this subtitle.

24 (h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi25 cer or employee of the Administration, if authorized by the Administrator,

26 may administer an oath to an individual.

27 § 122. Prohibition on sex discrimination

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

29 receiving federal assistance under this subtitle, an individual may not be ex30 cluded from participation, denied benefits, or otherwise discriminated

31 against based on sex.

32 (b) ENFORCEMENT.—Subsection (a) of this section shall be enforced

33 through agency provisions and rules similar to those already established

34 with respect to racial and other discrimination under title VI of the Civil

35 Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not

36 exclusive and does not prejudice or remove any other legal remedies avail37 able to an individual alleging discrimination.

38 § 123. Civil remedies for fraud

39 (a) IN GENERAL.—In connection with the procurement, transfer or dis40 position of property under this subtitle, a person that uses or causes to be

41 used, or enters into an agreement, combination, or conspiracy to use or
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1 cause to be used, a fraudulent trick, scheme, or device for the purpose of

2 obtaining or aiding to obtain, for any person, money, property, or other ben3 efit from the Federal Government—

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

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

6 (B) two times the amount of damages sustained by the Govern7 ment because of each act; and

8 (C) the cost of suit;

9 (2) if the Government elects, shall pay to the Government, as liq10 uidated damages, an amount equal to two times the consideration that

11 the Government agreed to give to the person, or that the person agreed

12 to give to the Government; or

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

14 money or property fraudulently obtained, with the Government retain15 ing as liquidated damages, the money, property, or other consideration

16 given to the Government.

17 (b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil rem18 edies provided in this section are in addition to all other civil remedies and

19 criminal penalties provided by law.

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

21 the Government is not liable (except for an individual’s own fraud) or ac22 countable for collection of a purchase price that is determined to be

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

24 is transferred or disposed of in accordance with this subtitle and with regu25 lations prescribed under this subtitle.

26 (d) JURISDICTION AND VENUE.—

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

28 means a district court of the United States or a district court of a ter29 ritory or possession of the United States.

30 (2) IN GENERAL.—A district court has original jurisdiction of an ac31 tion arising under this section, and venue is proper, if at least one de32 fendant resides or may be found in the court’s judicial district. Juris33 diction and venue are determined without regard to the place where

34 acts were committed.

35 (3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A de36 fendant that does not reside and may not be found in the court’s judi37 cial district may be brought in by order of the court, to be served per38 sonally, by publication, or in another reasonable manner directed by the

39 court.
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1 § 124. Agency use of amounts for property management

2 Amounts appropriated, allocated, or available to a federal agency for pur3 poses similar to the purposes in section 121 of this title or subchapter I

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

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

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

7 Office of Management and Budget authorizes the use.

8 § 125. Library memberships

9 When authorized by the Administrator of General Services, payment in

10 advance may be appropriated for library memberships in societies whose

11 publications are available—

12 (1) to members only; or

13 (2) to members at a lower price than that charged to the general

14 public.

15 § 126. Services to Architect of the Capitol

16 As far as practicable, services authorized by this subtitle are available on

17 request to the Architect of the Capitol.

18 § 127. Reports to Congress

19 The Administrator of General Services, at times the Administrator con20 siders desirable, shall submit a report to Congress on the administration of

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

22 of this subtitle that the Administrator considers appropriate and shall iden23 tify any law that is obsolete because of the enactment or operation of this

24 subtitle.

25 CHAPTER 3—ORGANIZATION OF GENERAL SERVICES

26 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.

27 SUBCHAPTER I—GENERAL

28 § 301. Establishment

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

30 of the Federal Government.
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1 § 302. Administrator and Deputy Administrator

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

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

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

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

6 (b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint a Dep7 uty Administrator of General Services. The Deputy Administrator shall per8 form functions designated by the Administrator. The Deputy Administrator

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

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

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

12 § 303. Functions

13 (a) BUREAU OF FEDERAL SUPPLY.—

14 (1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the func15 tions of the Administrator of General Services include functions related

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

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

18 (A) the Bureau;

19 (B) the Director of the Bureau;

20 (C) the personnel of the Bureau; or

21 (D) the Secretary of the Treasury.

22 (2) FUNCTIONS NOT TRANSFERRED.—The functions of the Adminis23 trator of General Services do not include functions retained in the De24 partment of the Treasury under section 102(c) of the Federal Property

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

26 (b) CONTRACT SETTLEMENT.—

27 (1) TRANSFER OF FUNCTIONS.—The functions of the Administrator

28 of General Services include functions related to contract settlement

29 that, immediately before July 1, 1949, were functions of the Secretary

30 of the Treasury, after being transferred to the Secretary from the Di31 rector of Contract Settlement and the Office of Contract Settlement

32 under Reorganization Plan No. 1 of 1947 (eff. July 1, 1947, 61 Stat.

33 951).

34 (2) CONTRACT SETTLEMENT ACT ADVISORY BOARD.—The Contract

35 Settlement Act Advisory Board created under section 5 of the Contract

36 Settlement Act of 1944 (41 U.S.C. 105), is part of the General Serv37 ices Administration, but the functions of the Board shall be performed

38 by the Board itself as prescribed by law.

39 (c) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD40 INGS.—The functions of the Administrator of General Services include func41 tions related to the Federal Works Agency and functions related to the
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1 Commissioner of Public Buildings that, immediately before July 1, 1949,

2 were functions of—

3 (1) the Federal Works Agency;

4 (2) the Federal Works Administrator; or

5 (3) the Commissioner of Public Buildings.

6 § 304. Federal information centers

7 The Administrator of General Services may establish within the General

8 Services Administration a nationwide network of federal information centers

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

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

11 related purposes.

12 SUBCHAPTER II—ADMINISTRATIVE

13 § 311. Personnel

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

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

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

17 carry out chapters 1, 3, and 5 of this title and title III of the Federal Prop18 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

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

20 temporary or intermittent services of experts or consultants under section

21 3109 of title 5 to the extent the Administrator finds necessary to carry out

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

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

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

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

26 the Administrator may use the services of personnel (including armed serv27 ices personnel) from an executive agency other than the General Services

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

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

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

31 of the Administration to the District of Columbia for temporary duty for

32 a period of not more than 30 days in any one case. Subsistence or similar

33 expenses may not be allowed for an employee on temporary duty in the Dis34 trict of Columbia under this paragraph.

35 § 312. Transfer and use of amounts for major equipment ac36 quisitions

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

38 amounts appropriated or otherwise made available to the General Services

39 Administration for operating expenses and salaries and expenses may be

40 transferred and merged into the ‘‘Major equipment acquisitions and develop-
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1 ment activity’’ of the Salaries and Expenses, General Management and Ad2 ministration appropriation account for—

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

4 processing systems; and

5 (2) financial management and management information systems

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

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

8 (b) REQUIREMENTS AND AVAILABILITY.—

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

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

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

12 available.

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

14 may be used only with the advance approval of the Committees on Ap15 propriations of the House of Representatives and the Senate.

16 (3) AVAILABILITY.—An amount transferred under this section re17 mains available until expended.

18 § 313. Tests of materials

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

20 a producer or vendor for sale or lease to the General Services Administra21 tion or to any procurement authority acting under the direction and control

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

23 (b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Admin24 istrator’s discretion and with the consent of the producer or vendor, may

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

26 (1) determine whether an article or commodity conforms to pre27 scribed specifications and standards; or

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

29 (c) FEES.—

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

31 vendor a fee for the tests.

32 (2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST

33 OF PRODUCER OR VENDOR.—If the Administrator determines that con34 ducting the tests predominantly serves the interest of the producer or

35 vendor, the Administrator shall fix the fee in an amount that will re36 cover the costs of conducting the tests, including all components of the

37 costs, determined in accordance with accepted accounting principles.

38 (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN39 TEREST OF PRODUCER OR VENDOR.—If the Administrator determines

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

41 the producer or vendor, the Administrator shall fix the fee in an
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1 amount the Administrator determines is reasonable for furnishing the

2 testing service.

3 SUBCHAPTER III—FUNDS

4 § 321. General Supply Fund

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

6 Treasury.

7 (b) COMPOSITION.—

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

9 to the Fund and the value, as determined by the Administrator of Gen10 eral Services, of personal property transferred from executive agencies

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

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

13 (2) OTHER CREDITS.—

14 (A) IN GENERAL.—The Fund shall be credited with all reim15 bursements, advances, and refunds or recoveries relating to per16 sonal property or services procured through the Fund, including—

17 (i) the net proceeds of disposal of surplus personal prop18 erty; and

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

20 to, personal property.

21 (B) REAPPROPRIATION.—Amounts credited under this para22 graph are reappropriated for the purposes of the Fund.

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

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

25 the purposes of the Fund.

26 (c) USES.—

27 (1) IN GENERAL.—The Fund is available for use by or under the di28 rection and control of the Administrator for—

29 (A) procuring, for the use of federal agencies in the proper dis30 charge of their responsibilities—

31 (i) personal property (including the purchase from or

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

33 forms, blankbook work, standard specifications, and other

34 printed material in common use by federal agencies and not

35 available through the Superintendent of Documents); and

36 (ii) nonpersonal services;

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

38 property and services, and cost of personal services employed di39 rectly in the repair, rehabilitation, and conversion of personal

40 property; and
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1 (C) paying other direct costs of, and indirect costs that are rea2 sonably related to, contracting, procurement, inspection, storage,

3 management, distribution, and accountability of property and non4 personal services provided by the General Services Administration

5 or by special order through the Administration.

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

7 personal property and nonpersonal services authorized to be acquired

8 by—

9 (A) mixed-ownership Government corporations;

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

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

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

13 Administration.

14 (d) PAYMENT FOR PROPERTY AND SERVICES.—

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

16 Fund for requisitioning agencies, the agencies shall pay prices the Ad17 ministrator fixes under this subsection.

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

19 prices at levels sufficient to recover—

20 (A) so far as practicable—

21 (i) the purchase price;

22 (ii) the transportation cost;

23 (iii) inventory losses;

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

25 repair, rehabilitation, and conversion of personal property;

26 and

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

28 for lease or rent to executive agencies; and

29 (B) properly allocable costs payable by the Fund under sub30 section (c)(1)(C).

31 (3) TIMING OF PAYMENTS.—

32 (A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay

33 in advance when the Administrator determines that there is insuf34 ficient capital otherwise available in the Fund. Payment in ad35 vance may also be made under an agreement between a requisi36 tioning agency and the Administrator.

37 (B) PROMPT REIMBURSEMENT.—If payment is not made in ad38 vance, the Administration shall be reimbursed promptly out of

39 amounts of the requisitioning agency in accordance with account40 ing procedures approved by the Comptroller General.
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1 (C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Ad2 ministrator may obtain reimbursement by the issuance of transfer

3 and counterwarrants, or other lawful transfer documents, sup4 ported by itemized invoices, if payment is not made by a requisi5 tioning agency within 45 days after the later of—

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

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

8 or services is incurred by the Administrator.

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

10 The Administrator may accept periodic reimbursement from the Senate and

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

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

13 The amount of each periodic reimbursement shall be computed by amor14 tizing the total cost of each item of equipment over the useful life of the

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

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

17 Officer of the House of Representatives, as appropriate.

18 (f) TREATMENT OF SURPLUS.—

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

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

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

22 and prior losses considered) shall be deposited in the Treasury as mis23 cellaneous receipts.

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

25 of the Fund, the Administrator may retain amounts necessary to main26 tain a sufficient level of inventory of personal property to meet the

27 needs of the federal agencies.

28 (g) AUDITS.—The Comptroller General shall audit the Fund in accord29 ance with the provisions of chapter 35 of title 31 and report the results of

30 the audits.

31 § 322. Information Technology Fund

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

33 Treasury.

34 (b) COST AND CAPITAL REQUIREMENTS.—

35 (1) IN GENERAL.—The Administrator of General Services shall de36 termine the cost and capital requirements of the Fund for each fiscal

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

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

39 that purchase is the least costly alternative) information proc40 essing and transmission equipment, software, systems, and oper41 ating facilities necessary to provide services;
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1 (B) resulting from operations of the Fund, including the net

2 proceeds from the disposal of excess or surplus personal property

3 and receipts from carriers and others for loss or damage to prop4 erty; and

5 (C) that are appropriated, authorized to be transferred, or oth6 erwise made available to the Fund.

7 (2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDG8 ET.—The Administrator shall submit plans concerning the cost and

9 capital requirements determined under this section, and other informa10 tion as may be requested, for review and approval by the Director of

11 the Office of Management and Budget. Plans submitted under this sec12 tion fulfill the requirements of sections 1512 and 1513 of title 31.

13 (3) ADJUSTMENTS.—Any change to the cost and capital require14 ments of the Fund for a fiscal year shall be made in the same manner

15 as the initial fiscal year determination.

16 (c) USE.—

17 (1) IN GENERAL.—The Fund is available for expenses, including per18 sonal services and other costs, and for procurement (by lease, purchase,

19 transfer, or otherwise) to efficiently provide information technology re20 sources to federal agencies and to efficiently manage, coordinate, oper21 ate, and use those resources.

22 (2) SPECIFICALLY INCLUDED ITEMS.—Information technology re23 sources provided under this section include information processing and

24 transmission equipment, software, systems, operating facilities, sup25 plies, and related services including maintenance and repair.

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

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

28 currently available in the Fund.

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

30 fiscal year limitation.

31 (d) CHARGES TO AGENCIES.—If the Director approves plans submitted

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

33 rates, consistent with the approval, to be charged to agencies for informa34 tion technology resources provided through the Fund.

35 (e) CONTRACT AUTHORITY.—

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

37 enter into multiyear contracts, not longer than 5 years, to provide in38 formation technology hardware, software, or services if—

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

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

41 termination;
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1 (B) the contract is awarded on a fully competitive basis; and

2 (C) the Administrator determines that—

3 (i) the need for the information technology hardware, soft4 ware, or services being provided will continue over the period

5 of the contract;

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

7 cost savings when compared with other methods of providing

8 the necessary resources; and

9 (iii) the method of contracting will not exclude small busi10 ness participation.

11 (2) EFFECT ON OTHER LAW.—This subsection does not limit the au12 thority of the Administrator to procure equipment and services under

13 sections 501–505 of this title.

14 (f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each fis15 cal year, any uncommitted balance remaining in the Fund, after making

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

17 Management and Budget, shall be transferred to the Treasury as miscella18 neous receipts.

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

20 Director on the operation of the Fund. The report must address the inven21 tory, use, and acquisition of information processing equipment and identify

22 any proposed increases to the capital of the Fund.

23 § 323. Consumer Information Center Fund

24 (a) EXISTENCE.—There is in the Treasury a Consumer Information Cen25 ter Fund, General Services Administration, for the purpose of disseminating

26 Federal Government consumer information to the public and for other re27 lated purposes.

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

29 (1) appropriations from the Treasury for Consumer Information

30 Center activities;

31 (2) user fees from the public;

32 (3) reimbursements from other federal agencies for costs of distrib33 uting publications; and

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

35 (c) EXPENDITURES.—Money deposited into the Fund is available for ex36 penditure for Center activities in amounts specified in appropriation laws.

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

38 Center account.

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

40 a fiscal year remain in the Fund and are available for authorization in ap41 propriation laws for subsequent fiscal years.
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1 (e) GIFT ACCOUNT.—The Center may accept and deposit to this account

2 gifts for purposes of defraying the costs of printing, publishing, and distrib3 uting consumer information and educational materials and undertaking

4 other consumer information activities. In addition to amounts appropriated

5 or otherwise made available, the Center may expend the gifts for these pur6 poses and any balance remains available for expenditure.

7 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 property through state agencies.

550. Disposal of 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. Dredge vessel disposal.

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.
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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.

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

19 executive agencies to use in the proper discharge of their respon20 sibilities, and perform functions related to procurement and supply

21 including contracting, inspection, storage, issue, property identi22 fication and classification, transportation and traffic management,

23 management of public utility services, and repairing and con24 verting.

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

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

27 (2) POLICIES AND METHODS.—
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1 (A) IN GENERAL.—The Administrator of General Services shall

2 prescribe policies and methods for executive agencies regarding the

3 procurement and supply of personal property and nonpersonal

4 services and related functions.

5 (B) CONTROLLING REGULATION.—Policies and methods pre6 scribed by the Administrator of General Services under this para7 graph are subject to regulations prescribed by the Administrator

8 for Federal Procurement Policy under the Office of Federal Pro9 curement Policy Act (41 U.S.C. 401 et seq.).

10 (c) REPRESENTATION.—For transportation and other public utility serv11 ices used by executive agencies, the Administrator of General Services shall

12 represent the agencies—

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

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

15 federal and state regulatory bodies.

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

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

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

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

20 or arrange for executive agencies to operate the facilities.

21 § 502. Services for other entities

22 (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORA23 TIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator

24 of General Services shall provide, to the extent practicable, any of the serv25 ices specified in section 501 of this title to—

26 (1) a federal agency;

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

28 9101 of title 31); or

29 (3) the District of Columbia.

30 (b) QUALIFIED NONPROFIT AGENCIES.—

31 (1) IN GENERAL.—On request, the Administrator may provide, to

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

33 this title to an agency that is—

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

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

36 or

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

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

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

40 (B) providing a commodity or service to the Federal Govern41 ment under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
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1 (2) USE OF SERVICES.—A nonprofit agency receiving services under

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

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

4 by the Committee for Purchase From People Who Are Blind or Se5 verely Disabled under section 2 of the Javits-Wagner-O’Day Act (41

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

7 § 503. Exchange or sale of similar items

8 (a) AUTHORITY OF EXECUTIVE AGENCIES.—In acquiring personal prop9 erty, an executive agency may exchange or sell similar items and may apply

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

11 the property acquired.

12 (b) APPLICABLE REGULATION AND LAW.—

13 (1) REGULATIONS PRESCRIBED BY ADMINISTRATOR OF GENERAL

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

15 accordance with regulations the Administrator of General Services pre16 scribes, subject to regulations the Administrator prescribes for Federal

17 Procurement Policy under the Office of Federal Procurement Policy

18 Act (41 U.S.C. 401 et seq.).

19 (2) IN WRITING.—A transaction under subsection (a) must be evi20 denced in writing.

21 (3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the Re22 vised Statutes (41 U.S.C. 5) applies to a sale of property under sub23 section (a), except that fixed price sales may be conducted in the same

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

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

26 § 504. Agency cooperation for inspection

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

28 work, materials, and equipment of another executive agency, with the con29 sent of the other executive agency, to inspect personal property incident to

30 procuring the property.

31 (b) PROVIDING ASSISTANCE.—Notwithstanding section 1301(a) of title

32 31 or any other law, an executive agency may provide services, work, mate33 rials, and equipment for purposes of this section without reimbursement or

34 transfer of amounts.

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

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

37 policies and methods the Administrator of General Services prescribes under

38 section 501 of this title.

39 § 505. Exchange or transfer of medical supplies

40 (a) EXCESS PROPERTY DETERMINATION.—
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1 (1) IN GENERAL.—Medical materials or supplies an executive agency

2 holds for national emergency purposes are considered excess property

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

4 that—

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

6 continued retention for national emergency purposes; and

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

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

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

10 transfer or other disposal and use of medical materials or supplies be11 fore their shelf life expires and they are rendered unfit for human use.

12 (b) TRANSFER OR EXCHANGE.—

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

14 of General Services prescribes, medical materials or supplies considered

15 excess property may be transferred to another federal agency or ex16 changed with another federal agency for other medical materials or

17 supplies.

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

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

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

21 medical materials or supplies to be held for national emergency pur22 poses.

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

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

25 shall be disposed of as surplus property.

26 § 506. Inventory controls and systems

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

28 (1) IN GENERAL.—Subject to paragraph (2), and after adequate ad29 vance notice to affected executive agencies, the Administrator of Gen30 eral Services may undertake the following activities as necessary to

31 carry out functions under this chapter:

32 (A) SURVEYS AND REPORTS.—Survey and obtain executive

33 agency reports on Federal Government property and property

34 management practices.

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

36 establish reasonable inventory levels for property stocked by them,

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

38 Director of the Office of Management and Budget.

39 (C) FEDERAL SUPPLY CATALOG SYSTEM.—Establish and main40 tain a uniform federal supply catalog system that is appropriate
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1 to identify and classify personal property under the control of fed2 eral agencies.

3 (D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

4 FORMS AND PROCEDURES.—Prescribe standard purchase specifica5 tions and standard forms and procedures (except forms and proce6 dures that the Comptroller General prescribes by law) subject to

7 regulations the Administrator for Federal Procurement Policy pre8 scribes under the Office of Federal Procurement Policy Act (41

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

10 (2) SPECIAL CONSIDERATIONS REGARDING DEPARTMENT OF DE11 FENSE.—

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

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

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

15 Secretary of Defense.

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

17 maintaining a uniform federal supply catalog system under para18 graph (1)(C), the Administrator of General Services and the Sec19 retary shall coordinate to avoid unnecessary duplication.

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

21 the uniformed federal supply catalog system, the standard purchase speci22 fications, and the standard forms and procedures established under sub23 section (a), except as the Administrator of General Services, considering ef24 ficiency, economy, or other interests of the Government, may otherwise pro25 vide.

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

27 audit all types of property accounts and transactions. Audits shall be con28 ducted at the time and in the manner the Comptroller General decides and

29 as far as practicable at the place where the property or records of the execu30 tive agencies are kept. Audits shall include an evaluation of the effectiveness

31 of internal controls and audits, and a general audit of the discharge of ac32 countability for Government-owned or controlled property, based on gen33 erally accepted principles of auditing.

34 SUBCHAPTER II—USE OF PROPERTY

35 § 521. Policies and methods

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

37 property, the Administrator of General Services shall—

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

39 excess property by executive agencies; and

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

41 (A) among federal agencies; and
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1 (B) to the organizations specified in section 321(c)(2) of this

2 title.

3 § 522. Reimbursement for transfer of excess property

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

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

6 Office of Management and Budget, shall prescribe the amount of reimburse7 ment required for a transfer of excess property.

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

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

10 as determined by the Administrator, if—

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

12 (2) either the transferor or the transferee agency (or the organiza13 tional unit affected) is—

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

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

16 (c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUP17 PLY CENTERS.—Excess property determined by the Administrator to be

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

19 Administration shall be retransferred at prices set by the Administrator

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

21 § 523. Excess real property located on Indian reservations

22 (a) PROCEDURES FOR TRANSFER.—The Administrator of General Serv23 ices shall prescribe procedures necessary to transfer to the Secretary of the

24 Interior, without compensation, excess real property located within the res25 ervation of any group, band, or tribe of Indians that is recognized as eligible

26 for services by the Bureau of Indian Affairs.

27 (b) PROPERTY HELD IN TRUST.—

28 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec29 retary shall hold excess real property transferred under this section in

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

31 within whose reservation the excess real property is located.

32 (2) SPECIAL REQUIREMENT FOR OKLAHOMA.—The Secretary shall

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

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

35 the Secretary if the real property—

36 (A) is located within boundaries of former reservations in Okla37 homa, as defined by the Secretary, and was held in trust by the

38 Federal Government for an Indian tribe when the Government ac39 quired it; or
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1 (B) is contiguous to real property presently held in trust by the

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

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

4 § 524. Duties of executive agencies

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

6 (1) maintain adequate inventory controls and accountability systems

7 for property under its control;

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

9 property;

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

11 Services;

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

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

14 accordance with authority delegated and regulations prescribed by the

15 Administrator.

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

17 as practicable, shall—

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

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

20 used to make the purchase;

21 (2) transfer excess property under its control to other federal agen22 cies and to organizations specified in section 321(c)(2) of this title; and

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

24 § 525. Excess personal property for federal agency grantees

25 (a) GENERAL PROHIBITION.—A federal agency is prohibited from obtain26 ing excess personal property for the purpose of furnishing the property to

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

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

29 ORGANIZATIONS.—

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

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

32 property for the purpose of furnishing it to a public agency or an orga33 nization that is nonprofit and exempt from taxation under section 501

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

35 (A) the agency or organization is conducting a federally spon36 sored project pursuant to a grant made for a specific purpose with

37 a specific termination provision;

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

39 the grant; and
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1 (C)(i) the sponsoring federal agency pays an amount equal to

2 25 percent of the original acquisition cost (except for costs of care

3 and handling) of the excess property; and

4 (ii) the amount is deposited in the Treasury as miscellaneous re5 ceipts.

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

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

8 property in accordance with procedures governing accountability for

9 personal property acquired under grant agreements.

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

11 AGRICULTURE.—

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

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

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

15 Marshall Islands, Palau, the Virgin Islands, and the District of Colum16 bia.

17 (2) IN GENERAL.—Under regulations and restrictions the Adminis18 trator may prescribe, subsection (a) does not apply to property fur19 nished by the Secretary of Agriculture to—

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

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

22 341 et seq.);

23 (B) a state experiment station engaged in cooperative agricul24 tural research work under the Hatch Act of 1887 (7 U.S.C. 361a

25 et seq.); or

26 (C) an institution engaged in cooperative agricultural research

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

28 National Agricultural Research, Extension, and Teaching Policy

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

30 of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Gov31 ernment retains title.

32 (d) OTHER EXCEPTIONS.—Under regulations and restrictions the Admin33 istrator may prescribe, subsection (a) does not apply to—

34 (1) property furnished under section 608 of the Foreign Assistance

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

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

37 549 of this title;

38 (2) scientific equipment furnished under section 11(e) of the Na39 tional Science Foundation Act of 1950 (42 U.S.C. 1870(e));

40 (3) property furnished under section 203 of the Department of Agri41 culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the
30

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1 Cooperative Forest Fire Control Program, if the Government retains

2 title; or

3 (4) property furnished in connection with a grant to a tribe, as de4 fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.

5 1452(c)).

6 § 526. Temporary assignment of excess real property

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

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

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

10 Administrator determines that assignment or reassignment is more advan11 tageous than permanent transfer. The Administrator shall determine the

12 duration of the assignment or reassignment.

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

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

15 Administrator may obtain appropriate reimbursement from the federal

16 agency.

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

18 The Administrator of General Services may authorize the abandonment

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

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

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

22 estimated proceeds from sale.

23 § 528. Utilization of excess furniture

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

25 provided by law to purchase furniture if the Administrator of General Serv26 ices determines that requirements can reasonably be met by transferring ex27 cess furniture, including rehabilitated furniture, from other departments or

28 agencies pursuant to this subtitle.

29 § 529. Annual executive agency reports on excess personal

30 property

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

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

33 General Services a report on personal property—

34 (1) obtained as—

35 (A) excess property; or

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

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

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

39 federal agency.

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

41 equipment and show—
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1 (1) the acquisition cost of the property;

2 (2) the recipient of the property; and

3 (3) other information the Administrator may require.

4 SUBCHAPTER III—DISPOSING OF PROPERTY

5 § 541. Supervision and direction

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

7 General Services shall supervise and direct the disposition of surplus prop8 erty in accordance with this subtitle.

9 § 542. Care and handling

10 The disposal of surplus property, and the care and handling of the prop11 erty pending disposition, may be performed by the General Services Admin12 istration or, when the Administrator of General Services decides, by the ex13 ecutive agency in possession of the property or by any other executive agen14 cy that agrees.

15 § 543. Method of disposition

16 An executive agency designated or authorized by the Administrator of

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

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

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

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

21 property and may take other action it considers necessary or proper to dis22 pose of the property under this chapter.

23 § 544. Validity of transfer instruments

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

25 of an executive agency purporting to transfer title or other interest in sur26 plus property under this chapter is conclusive evidence of compliance with

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

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

29 § 545. Procedure for disposal

30 (a) PUBLIC ADVERTISING FOR BIDS.—

31 (1) REQUIREMENT.—

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

33 Administrator of General Services may make or authorize a dis34 posal or a contract for disposal of surplus property only after pub35 lic advertising for bids, under regulations the Administrator pre36 scribes.

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

38 or a contract for disposal of surplus property—

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

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

41 contract broker.
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1 (2) TIME, METHOD, AND TERMS.—The time, method, and terms and

2 conditions of advertisement must permit full and free competition con3 sistent with the value and nature of the property involved.

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

5 time and place stated in the advertisement.

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

7 by notice to the responsible bidder whose bid, conforming to the invita8 tion for bids, is most advantageous to the Federal Government, price

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

10 is in the public interest to do so.

11 (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator pre12 scribes, disposals and contracts for disposal may be negotiated without re13 gard to subsection (a), but subject to obtaining competition that is feasible

14 under the circumstances, if—

15 (1) necessary in the public interest—

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

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

18 property; or

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

20 specifically described category of personal property as determined

21 by the Administrator;

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

23 by a particular disposal of personal property;

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

25 personal property;

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

27 that disposal under subsection (a) would impact an industry to an ex28 tent that would adversely affect the national economy, and the esti29 mated fair market value of the property and other satisfactory terms

30 of disposal can be obtained by negotiation;

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

32 exceed $15,000;

33 (6) after advertising under subsection (a), the bid prices for the

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

35 independently arrived at in open competition;

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

37 property or unusual circumstances make it impractical to advertise

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

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

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

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

2 value of the property and other satisfactory terms of disposal are ob3 tained by negotiation; or

4 (9) otherwise authorized by law.

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

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

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

8 followed in similar commercial transactions under regulations the Adminis9 trator prescribes. The regulations must require that brokers give wide public

10 notice of the availability of the property for disposal.

11 (d) NEGOTIATED SALE AT FIXED PRICE.—

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

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

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

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

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

17 the estimated fair market value of the property. Sales under this sub18 section are limited to categories of personal property for which the Ad19 ministrator determines that disposal under this subsection best serves

20 the interests of the Government.

21 (2) FIRST OFFER.—Under regulations and restrictions the Adminis22 trator prescribes, an opportunity to purchase property at a fixed price

23 under this subsection may be offered first to an entity specified in sub24 section (b)(8) that has expressed an interest in the property.

25 (e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—

26 (1) REQUIREMENT.—

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

28 explanatory statement of the circumstances shall be prepared for

29 each disposal by negotiation of—

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

31 value in excess of $15,000;

32 (ii) real property that has an estimated fair market value

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

34 by lease or exchange is subject only to clauses (C)–(E) of this

35 paragraph;

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

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

38 than $100,000 for any year;

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

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

41 lease is more than $100,000; or
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1 (v) real property or real and related personal property dis2 posed of by exchange, regardless of value, or any property for

3 which any part of the consideration is real property.

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

5 a disposal of personal property under subsection (d), or for a dis6 posal authorized by any other law to be made without advertising.

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

8 be transmitted to the appropriate committees of Congress in advance

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

10 files of the executive agency making the disposal.

11 (3) LISTING IN ANNUAL REPORT.—The annual report of the Admin12 istrator under section 127 of this title must include a listing and de13 scription of any negotiated disposals of surplus property having an esti14 mated fair market value of more than $15,000, in the case of real

15 property, or $5,000, in the case of any other property, other than dis16 posals for which an explanatory statement has been transmitted under

17 this subsection.

18 (f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Stat19 utes (41 U.S.C. 5) does not apply to a disposal or contract for disposal

20 made under this section.

21 § 546. Contractor inventories

22 Subject to regulations of the Administrator of General Services, an execu23 tive agency may authorize a contractor or subcontractor with the agency to

24 retain or dispose of contractor inventory.

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

26 goods

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

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

29 agricultural commodities, surplus foods processed from agricultural com30 modities, and surplus cotton or woolen goods. The policies shall be formu31 lated to prevent surplus agricultural commodities, or surplus foods proc32 essed from agricultural commodities, from being dumped on the market in

33 a disorderly manner and disrupting the market prices for agricultural com34 modities.

35 (b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—

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

37 to the Department of Agriculture any surplus agricultural commodities,

38 foods, and cotton or woolen goods for disposal, when the Secretary de39 termines that a transfer is necessary for the Secretary to carry out re40 sponsibilities for price support or stabilization.
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1 (2) DEPOSIT OF RECEIPTS.—Receipts resulting from disposal by the

2 Department under this subsection shall be deposited pursuant to any

3 authority available to the Secretary. When applicable, however, net pro4 ceeds from the sale of surplus property transferred under this sub5 section shall be credited pursuant to section 572(a) of this title.

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

7 under this subsection may not be sold, other than for export, in quan8 tities exceeding, or at prices less than, the applicable quantities and

9 prices for sales of those commodities by the Commodity Credit Cor10 poration.

11 § 548. Surplus vessels

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

13 gross tons or more which the Administration determines to be merchant ves14 sels or capable of conversion to merchant use. The vessels shall be disposed

15 of in accordance with provisions authorizing the sale of such vessels under

16 the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), and other

17 laws.

18 § 549. Donation of property through state agencies

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

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

21 (A) a State;

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

23 government or economic development district);

24 (C) a department, agency, or instrumentality of a State (includ25 ing instrumentalities created by compact or other agreement be26 tween States or political subdivisions); or

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

28 on a state reservation.

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

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

31 Northern Mariana Islands, and American Samoa.

32 (3) STATE AGENCY.—The term ‘‘state agency’’ means an agency des33 ignated under state law as the agency responsible for fair and equitable

34 distribution, through donation, of property transferred under this sec35 tion.

36 (b) AUTHORIZATION.—

37 (1) IN GENERAL.—The Administrator of General Services, in the Ad38 ministrator’s discretion and under regulations the Administrator may

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

40 agency.

41 (2) PROPERTY.—
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1 (A) IN GENERAL.—Property referred to in paragraph (1) is any

2 personal property that—

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

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

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

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

7 be made between property capitalized in a working-capital fund es8 tablished under section 2208 of title 10 (or similar fund) and any

9 other property.

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

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

12 (c) ALLOCATION AND TRANSFER OF PROPERTY.—

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

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

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

16 agencies to the extent feasible. The Administrator shall give fair con17 sideration, consistent with the established criteria, to an expression of

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

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

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

21 specific item of property.

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

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

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

25 cost of the property.

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

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

28 through donation within the State—

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

30 residents of a given political area, a public purpose, including con31 servation, economic development, education, parks and recreation,

32 public health, and public safety; or

33 (B) for purposes of education or public health (including re34 search), to a nonprofit educational or public health institution or

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

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

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

38 drug abuse treatment center;

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

40 families or individuals whose annual incomes are below the
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1 poverty line (as that term is defined in section 673 of the

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

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

4 (iv) a school for the mentally retarded or physically handi5 capped;

6 (v) a child care center;

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

8 Communications Commission as an educational radio or edu9 cational television station;

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

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

12 district, State, or region.

13 (4) EXCEPTION.—This subsection does not apply to property trans14 ferred under subsection (d).

15 (d) DEPARTMENT OF DEFENSE PROPERTY.—

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

17 whether surplus personal property under the control of the Department

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

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

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

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

22 Secretary of Defense determines that the property is usable and nec23 essary for educational activities which are of special interest to the

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

25 the Administrator to the appropriate state agency for distribution

26 through donation to the educational activities.

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

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

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

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

31 subsection (c).

32 (e) STATE PLAN OF OPERATION.—

33 (1) IN GENERAL.—Before property may be transferred to a state

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

35 accordance with this subsection and with state law.

36 (2) PROCEDURE.—

37 (A) CONSIDERATION OF NEEDS AND RESOURCES.—In devel38 oping and implementing the state plan of operation, the relative

39 needs and resources of all public agencies and other eligible insti40 tutions in the State shall be taken into consideration. The Admin41 istrator may consult with interested federal agencies to obtain
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1 their views concerning the administration and operation of this

2 section.

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

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

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

6 the proposed plan or amendment has been published and inter7 ested persons have been given at least 30 days to submit com8 ments.

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

10 shall certify and submit the state plan of operation to the Admin11 istrator.

12 (3) REQUIREMENTS.—

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

14 adequate assurance that the state agency has—

15 (i) the necessary organizational and operational authority

16 and capability including staff, facilities, and means and meth17 ods of financing; and

18 (ii) established procedures for accountability, internal and

19 external audits, cooperative agreements, compliance and use

20 reviews, equitable distribution and property disposal, deter21 mination of eligibility, and assistance through consultation

22 with advisory bodies and public and private groups.

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

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

25 State based on the relative needs and resources of interested pub26 lic agencies and other eligible institutions in the State and their

27 abilities to use the property.

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

29 state plan of operation shall require, for donable property trans30 ferred under this section, that the state agency use management

31 control and accounting systems of the same type as systems re32 quired by state law for state-owned property. However, with ap33 proval from the chief executive officer of the State, the state agen34 cy may elect to use other management control and accounting sys35 tems that are effective to govern the use, inventory control, ac36 countability, and disposal of property under this section.

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

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

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

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

41 it was donated within one year of donation or ceases to be used
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1 by the donee for that purpose within one year of being placed in

2 use.

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

4 require the state agency, to the extent practicable, to select prop5 erty requested by a public agency or other eligible institution in

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

7 of the property directly to the recipient.

8 (F) SERVICE CHARGES.—If the state agency is authorized to as9 sess and collect service charges from participating recipients to

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

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

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

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

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

15 (G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRIC16 TIONS.—

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

18 that the state agency—

19 (I) may impose reasonable terms, conditions, reserva20 tions, and restrictions on the use of property to be do21 nated under subsection (c); and

22 (II) shall impose reasonable terms, conditions, reserva23 tions, and restrictions on the use of a passenger motor

24 vehicle and any item of property having a unit acquisi25 tion cost of $5,000 or more.

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

27 that an item has characteristics that require special handling

28 or use limitations, the Administrator may impose appropriate

29 conditions on the donation of the property.

30 (H) UNUSABLE PROPERTY.—

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

32 that surplus property which the state agency determines can33 not be used by eligible recipients shall be disposed of—

34 (I) subject to the disapproval of the Administrator

35 within 30 days after notice to the Administrator,

36 through transfer by the state agency to another state

37 agency or through abandonment or destruction if the

38 property has no commercial value or if the estimated

39 cost of continued care and handling exceeds estimated

40 proceeds from sale; or
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1 (II) under this subtitle, on terms and conditions and

2 in a manner the Administrator prescribes.

3 (ii) PROCEEDS FROM SALE.—Notwithstanding subchapter

4 IV of this chapter and section 702 of this title, the Adminis5 trator, from the proceeds of sale of property described in sub6 section (b), may reimburse the state agency for expenses that

7 the Administrator considers appropriate for care and han8 dling of the property.

9 (f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—

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

11 this section, a cooperative agreement may be made between a state sur12 plus property distribution agency designated under this section and—

13 (A) the Administrator;

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

15 section 550(c) of this title;

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

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

18 (D) the head of a federal agency designated by the Adminis19 trator, the Secretary of Education, or the Secretary of Health and

20 Human Services.

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

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

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

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

25 (3) REIMBURSEMENT.—The cooperative agreement may require pay26 ment or reimbursement for the use or provision of property, facilities,

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

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

29 charges would otherwise be made.

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

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

32 property transferred to a state agency for distribution pursuant to

33 subsection (c) may be retained by the state agency for use in per34 forming its functions. Unless otherwise directed by the Adminis35 trator, title to the retained property vests in the state agency.

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

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

38 (i) the Administrator;

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

40 under section 550(c) of this title; or
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1 (iii) the Secretary of Health and Human Services, for prop2 erty transferred under section 550(d) of this title.

3 § 550. Disposal of property for certain purposes

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

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

6 States.

7 (b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

8 PROPERTY UNDER THIS SECTION.—

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

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

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

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

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

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

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

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

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

18 grant a release from any term, condition, reservation or restriction con19 tained in the instrument, and shall convey, quitclaim, or release to the

20 transferee (or other eligible user) any right or interest reserved to the

21 Federal Government by the instrument, if the official determines that

22 the property no longer serves the purpose for which it was transferred

23 or that a release, conveyance, or quitclaim deed will not prevent accom24 plishment of that purpose. The release, conveyance, or quitclaim deed

25 may be made subject to terms and conditions that the official considers

26 necessary to protect or advance the interests of the Government.

27 (2) SPECIFIED OFFICIAL.—The official referred to in paragraph (1)

28 is—

29 (A) the Secretary of Education, for property transferred under

30 subsection (c) for school, classroom, or other educational use;

31 (B) the Secretary of Health and Human Services, for property

32 transferred under subsection (d) for use in the protection of public

33 health, including research;

34 (C) the Secretary of the Interior, for property transferred under

35 subsection (e) for public park or recreation area use;

36 (D) the Secretary of Housing and Urban Development, for

37 property transferred under subsection (f) to provide housing or

38 housing assistance for low-income individuals or families; and

39 (E) the Secretary of the Interior, for property transferred under

40 subsection (h) for use as a historic monument for the benefit of

41 the public.
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1 (c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL

2 USE.—

3 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre4 tion and under regulations that the Administrator may prescribe, may

5 assign to the Secretary of Education for disposal surplus real property,

6 including buildings, fixtures, and equipment situated on the property,

7 that the Secretary recommends as needed for school, classroom, or

8 other educational use.

9 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

10 within 30 days after notice of a proposed transfer, the Secretary of

11 Education, for school, classroom, or other educational use, may sell or

12 lease property assigned to the Secretary under paragraph (1) to a

13 State, a political subdivision or instrumentality of a State, a tax-sup14 ported educational institution, or a nonprofit educational institution

15 that has been held exempt from taxation under section 501(c)(3) of the

16 Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

17 (3) FIXING VALUE.—In fixing the sale or lease value of property dis18 posed of under paragraph (2), the Secretary of Education shall take

19 into consideration any benefit which has accrued or may accrue to the

20 Government from the use of the property by the State, political subdivi21 sion or instrumentality, or institution.

22 (d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN23 CLUDING RESEARCH.—

24 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre25 tion and under regulations that the Administrator may prescribe, may

26 assign to the Secretary of Health and Human Services for disposal sur27 plus real property, including buildings, fixtures, and equipment situated

28 on the property, that the Secretary recommends as needed for use in

29 the protection of public health, including research.

30 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

31 within 30 days after notice of a proposed transfer, the Secretary of

32 Health and Human Services, for use in the protection of public health,

33 including research, may sell or lease property assigned to the Secretary

34 under paragraph (1) to a State, a political subdivision or instrumen35 tality of a State, a tax-supported medical institution, or a hospital or

36 similar institution not operated for profit that has been held exempt

37 from taxation under section 501(c)(3) of the Internal Revenue Code of

38 1986 (26 U.S.C. 501(c)(3)).

39 (3) FIXING VALUE.—In fixing the sale or lease value of property dis40 posed of under paragraph (2), the Secretary of Health and Human

41 Services shall take into consideration any benefit which has accrued or
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1 may accrue to the Government from the use of the property by the

2 State, political subdivision or instrumentality, or institution.

3 (e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—

4 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre5 tion and under regulations that the Administrator may prescribe, may

6 assign to the Secretary of the Interior for disposal surplus real prop7 erty, including buildings, fixtures, and equipment situated on the prop8 erty, that the Secretary recommends as needed for use as a public park

9 or recreation area.

10 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

11 within 30 days after notice of a proposed transfer, the Secretary of the

12 Interior, for public park or recreation area use, may sell or lease prop13 erty assigned to the Secretary under paragraph (1) to a State, a polit14 ical subdivision or instrumentality of a State, or a municipality.

15 (3) FIXING VALUE.—In fixing the sale or lease value of property dis16 posed of under paragraph (2), the Secretary of the Interior shall take

17 into consideration any benefit which has accrued or may accrue to the

18 Government from the use of the property by the State, political subdivi19 sion or instrumentality, or municipality.

20 (4) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

21 real property disposed of under this subsection—

22 (A) shall provide that all of the property be used and main23 tained for the purpose for which it was conveyed in perpetuity,

24 and that if the property ceases to be used or maintained for that

25 purpose, all or any portion of the property shall, in its then exist26 ing condition, at the option of the Government, revert to the Gov27 ernment; and

28 (B) may contain additional terms, reservations, restrictions, and

29 conditions the Secretary of the Interior determines are necessary

30 to safeguard the interests of the Government.

31 (f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—

32 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre33 tion and under regulations that the Administrator may prescribe, may

34 assign to the Secretary of Housing and Urban Development for dis35 posal surplus real property, including buildings, fixtures, and equip36 ment situated on the property, that the Secretary recommends as need37 ed to provide housing or housing assistance for low-income individuals

38 or families.

39 (2) SALE OR LEASE.—Subject to disapproval by the Administrator

40 within 30 days after notice of a proposed transfer, the Secretary of

41 Housing and Urban Development, to provide housing or housing assist-
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1 ance for low-income individuals or families, may sell or lease property

2 assigned to the Secretary under paragraph (1) to a State, a political

3 subdivision or instrumentality of a State, or a nonprofit organization

4 that exists for the primary purpose of providing housing or housing as5 sistance for low-income individuals or families.

6 (3) SELF-HELP HOUSING.—

7 (A) IN GENERAL.—The Administrator shall disapprove a pro8 posed transfer of property under this subsection unless the Admin9 istrator determines that the property will be used for low-income

10 housing opportunities through the construction, rehabilitation, or

11 refurbishment of self-help housing, under terms requiring that—

12 (i) subject to subparagraph (B), an individual or family re13 ceiving housing or housing assistance through use of the

14 property shall contribute a significant amount of labor toward

15 the construction, rehabilitation, or refurbishment; and

16 (ii) dwellings constructed, rehabilitated, or refurbished

17 through use of the property shall be quality dwellings that

18 comply with local building and safety codes and standards

19 and shall be available at prices below prevailing market

20 prices.

21 (B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur22 poses of fulfilling self-help requirements under paragraph

23 (3)(A)(i), the Administrator shall ensure that nonprofit organiza24 tions receiving property under paragraph (2) develop and use

25 guidelines to consider any disability (as defined in section 3(2) of

26 the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

27 (4) FIXING VALUE.—

28 (A) IN GENERAL.—In fixing the sale or lease value of property

29 disposed of under paragraph (2), the Secretary of Housing and

30 Urban Development shall take into consideration and discount the

31 value for any benefit which has accrued or may accrue to the Gov32 ernment from the use of the property by the State, political sub33 division or instrumentality, or nonprofit organization.

34 (B) AMOUNT OF DISCOUNT.—The amount of the discount under

35 subparagraph (A) is 75 percent of the market value of the prop36 erty, except that the Secretary of Housing and Urban Develop37 ment may discount by a greater percentage if the Secretary, in

38 consultation with the Administrator, determines that a higher per39 centage is justified.

40 (g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—
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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 Chief Executive Officer of the Corporation for National

4 and Community Service for disposal surplus property that the Chief

5 Executive Officer recommends as needed for national service activities.

6 (2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad7 ministrator within 30 days after notice of a proposed transfer, the

8 Chief Executive Officer, for national service activities, may sell, lease,

9 or donate property assigned to the Chief Executive Officer under para10 graph (1) to an entity that receives financial assistance under the Na11 tional and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

12 (3) FIXING VALUE.—In fixing the sale or lease value of property dis13 posed of under paragraph (2), the Chief Executive Officer shall take

14 into consideration any benefit which has accrued or may accrue to the

15 Government from the use of the property by the entity receiving the

16 property.

17 (h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—

18 (1) CONVEYANCE.—

19 (A) IN GENERAL.—Without monetary consideration to the Gov20 ernment, the Administrator may convey to a State, a political sub21 division or instrumentality of a State, or a municipality, the right,

22 title, and interest of the Government in and to any surplus real

23 and related personal property that the Secretary of the Interior

24 determines is suitable and desirable for use as a historic monu25 ment for the benefit of the public.

26 (B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY

27 BOARD.—Property may be determined to be suitable and desirable

28 for use as a historic monument only in conformity with a rec29 ommendation by the National Park System Advisory Board estab30 lished under section 3 of the Act of August 21, 1935 (16 U.S.C.

31 463) (known as the Historic Sites, Buildings, and Antiquities

32 Act). Only the portion of the property that is necessary for the

33 preservation and proper observation of the property’s historic fea34 tures may be determined to be suitable and desirable for use as

35 a historic monument.

36 (2) REVENUE-PRODUCING ACTIVITY.—

37 (A) IN GENERAL.—The Administrator may authorize use of any

38 property conveyed under this subsection for revenue-producing ac39 tivities if the Secretary of the Interior—

40 (i) determines that the activities are compatible with use of

41 the property for historic monument purposes;
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1 (ii) approves the grantee’s plan for repair, rehabilitation,

2 restoration, and maintenance of the property;

3 (iii) approves the grantee’s plan for financing the repair,

4 rehabilitation, restoration, and maintenance of the property;

5 and

6 (iv) examines and approves the accounting and financial

7 procedures used by the grantee.

8 (B) USE OF EXCESS INCOME.—The Secretary of the Interior

9 may approve a grantee’s financial plan only if the plan provides

10 that the grantee shall use income exceeding the cost of repair, re11 habilitation, restoration, and maintenance only for public historic

12 preservation, park, or recreational purposes.

13 (C) AUDITS.—The Secretary of the Interior may periodically

14 audit the records of the grantee that are directly related to the

15 property conveyed.

16 (3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

17 real property disposed of under this subsection—

18 (A) shall provide that all of the property be used and main19 tained for historical monument purposes in perpetuity, and that if

20 the property ceases to be used or maintained for historical monu21 ment purposes, all or any portion of the property shall, in its then

22 existing condition, at the option of the Government, revert to the

23 Government; and

24 (B) may contain additional terms, reservations, restrictions, and

25 conditions the Administrator determines are necessary to safe26 guard the interests of the Government.

27 § 551. Donations to American Red Cross

28 The Administrator of General Services, in the Administrator’s discretion

29 and under regulations that the Administrator may prescribe, may donate to

30 the American National Red Cross for charitable purposes property that the

31 American National Red Cross processed, produced, or donated and that has

32 been determined to be surplus property.

33 § 552. Abandoned or unclaimed property on Government

34 premises

35 (a) AUTHORITY TO TAKE PROPERTY.—The Administrator of General

36 Services may take possession of abandoned or unclaimed property on prem37 ises owned or leased by the Federal Government and determine when title

38 to the property vests in the Government. The Administrator may use, trans39 fer, or otherwise dispose of the property.
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1 (b) CLAIM FILED BY FORMER OWNER.—If a former owner files a proper

2 claim within three years from the date that title to the property vests in

3 the Government, the former owner shall be paid an amount—

4 (1) equal to the proceeds realized from the disposition of the prop5 erty less costs incident to care and handling as determined by the Ad6 ministrator; or

7 (2) if the property has been used or transferred, equal to the fair

8 value of the property as of the time title vested in the Government less

9 costs incident to care and handling as determined by the Adminis10 trator.

11 § 553. Property for correctional facility, law enforcement,

12 and emergency management response purposes

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

14 of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the

15 Federated States of Micronesia, the Marshall Islands, Palau, and, the

16 Northern Mariana Islands.

17 (b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of Gen18 eral Services, in the Administrator’s discretion and under regulations that

19 the Administrator may prescribe, may transfer or convey to a State, or po20 litical subdivision or instrumentality of a State, surplus real and related per21 sonal property that—

22 (1) the Attorney General determines is required by the transferee or

23 grantee for correctional facility use under a program approved by the

24 Attorney General for the care or rehabilitation of criminal offenders;

25 (2) the Attorney General determines is required by the transferee or

26 grantee for law enforcement purposes; or

27 (3) the Director of the Federal Emergency Management Agency de28 termines is required by the transferee or grantee for emergency man29 agement response purposes including fire and rescue services.

30 (c) NO MONETARY CONSIDERATION.—A transfer or conveyance under

31 this section shall be made without monetary consideration to the Federal

32 Government.

33 (d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

34 and related personal property disposed of under this section—

35 (1) shall provide that all of the property be used and maintained for

36 the purpose for which it was conveyed in perpetuity, and that if the

37 property ceases to be used or maintained for that purpose, all or any

38 portion of the property shall, in its then existing condition, at the op39 tion of the Government, revert to the Government; and
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1 (2) may contain additional terms, reservations, restrictions, and con2 ditions that the Administrator determines are necessary to safeguard

3 the interests of the Government.

4 (e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

5 PROPERTY UNDER THIS SECTION.—The Administrator shall determine and

6 enforce compliance with the terms, conditions, reservations, and restrictions

7 contained in an instrument by which a transfer or conveyance under this

8 section is made. The Administrator shall reform, correct, or amend the in9 strument if necessary to correct the instrument or to conform the transfer

10 to the requirements of law. The Administrator shall grant a release from

11 any term, condition, reservation or restriction contained in the instrument,

12 and shall convey, quitclaim, or release to the transferee (or other eligible

13 user) any right or interest reserved to the Government by the instrument,

14 if the Administrator determines that the property no longer serves the pur15 pose for which it was transferred or that a release, conveyance, or quitclaim

16 deed will not prevent accomplishment of that purpose. The release, convey17 ance, or quitclaim deed may be made subject to terms and conditions that

18 the Administrator considers necessary to protect or advance the interests of

19 the Government.

20 § 554. Property for development or operation of a port facil21 ity

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

23 (1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means the

24 following:

25 (A) Title II of the Defense Authorization Amendments and

26 Base Closure and Realignment Act (Public Law 100–526; 10

27 U.S.C. 2687 note).

28 (B) The Defense Base Closure and Realignment Act of 1990

29 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

30 note).

31 (C) Section 2687 of title 10.

32 (2) STATE.—The term ‘‘State’’ includes the District of Columbia,

33 Puerto Rico, Guam, American Samoa, the Virgin Islands, the Fed34 erated States of Micronesia, the Marshall Islands, Palau, and the

35 Northern Mariana Islands.

36 (b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR37 TATION.—Under regulations that the Administrator of General Services,

38 after consultation with the Secretary of Defense, may prescribe, the Admin39 istrator, or the Secretary of Defense in the case of property located at a

40 military installation closed or realigned pursuant to a base closure law, may

41 assign to the Secretary of Transportation for disposal surplus real property,
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1 including buildings, fixtures, and equipment situated on the property, that

2 the Secretary of Transportation recommends as needed for the development

3 or operation of a port facility.

4 (c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR5 TATION.

6 (1) IN GENERAL.—Subject to disapproval by the Administrator or

7 the Secretary of Defense within 30 days after notice of a proposed con8 veyance by the Secretary of Transportation, the Secretary of Transpor9 tation, for the development or operation of a port facility, may convey

10 property assigned to the Secretary of Transportation under subsection

11 (b) to a State or political subdivision, municipality, or instrumentality

12 of a State.

13 (2) ECONOMIC DEVELOPMENT REQUIREMENT.—A transfer of prop14 erty may be made under this section only after the Secretary of Trans15 portation has—

16 (A) determined, after consultation with the Secretary of Labor,

17 that the property to be conveyed is located in an area of serious

18 economic disruption;

19 (B) received and, after consultation with the Secretary of Com20 merce, approved an economic development plan submitted by an

21 eligible grantee and based on assured use of the property to be

22 conveyed as part of a necessary economic development program;

23 and

24 (C) transmitted to Congress an explanatory statement that con25 tains information substantially similar to the information con26 tained in statements prepared under section 545(e) of this title.

27 (d) NO MONETARY CONSIDERATION.—A conveyance under this section

28 shall be made without monetary consideration to the Federal Government.

29 (e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

30 and related personal property disposed of under this section shall—

31 (1) provide that all of the property be used and maintained for the

32 purpose for which it was conveyed in perpetuity, and that if the prop33 erty ceases to be used or maintained for that purpose, all or any por34 tion of the property shall, in its then existing condition, at the option

35 of the Government, revert to the Government; and

36 (2) contain additional terms, reservations, restrictions, and condi37 tions that the Secretary of Transportation shall by regulation require

38 to ensure use of the property for the purposes for which it was con39 veyed and to safeguard the interests of the Government.

40 (f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

41 PROPERTY UNDER THIS SECTION.—The Secretary of Transportation shall
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1 determine and enforce compliance with the terms, conditions, reservations,

2 and restrictions contained in an instrument by which a transfer or convey3 ance under this section is made. The Secretary shall reform, correct, or

4 amend the instrument if necessary to correct the instrument or to conform

5 the transfer to the requirements of law. The Secretary shall grant a release

6 from any term, condition, reservation or restriction contained in the instru7 ment, and shall convey, quitclaim, or release to the grantee any right or in8 terest reserved to the Government by the instrument, if the Secretary deter9 mines that the property no longer serves the purpose for which it was trans10 ferred or that a release, conveyance, or quitclaim deed will not prevent ac11 complishment of that purpose. The release, conveyance, or quitclaim deed

12 may be made subject to terms and conditions that the Secretary considers

13 necessary to protect or advance the interests of the Government.

14 § 555. Donation of law enforcement canines to handlers

15 The head of a federal agency having control of a canine that has been

16 used by a federal agency in the performance of law enforcement duties and

17 that has been determined by the agency to be no longer needed for official

18 purposes may donate the canine to an individual who has experience han19 dling canines in the performance of those duties.

20 § 556. Dredge vessel disposal

21 (a) IN GENERAL.—The Administrator of General Services, pursuant to

22 sections 521 through 527, 529, and 549 of this title, may dispose of a

23 United States Army Corps of Engineers vessel used for dredging, together

24 with related equipment owned by the Federal Government and under the

25 control of the Chief of Engineers, if the Secretary of the Army declares the

26 vessel to be in excess of federal needs.

27 (b) RECIPIENTS AND PURPOSES.—Disposal under this section is

28 accomplished—

29 (1) through sale or lease to—

30 (A) a foreign government as part of a Corps of Engineers tech31 nical assistance program;

32 (B) a federal or state maritime academy for training purposes;

33 or

34 (C) a non-federal public body for scientific, educational, or cul35 tural purposes; or

36 (2) through sale solely for scrap to foreign or domestic interests.

37 (c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall

38 not be disposed of under any law for the purpose of engaging in dredging

39 activities within the United States.

40 (d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the

41 sale or lease of a vessel or equipment under this section shall be deposited
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1 into the revolving fund authorized by section 101 (9th par.) of the Civil

2 Functions Appropriation Act, 1954 (33 U.S.C. 576), to be available, as pro3 vided in appropriation laws, for the operation and maintenance of vessels

4 under the control of the Corps of Engineers.

5 § 557. Donation of books to Free Public Library

6 Subject to regulations under this subtitle, a book that is no longer needed

7 by an executive department, bureau, or commission of the Federal Govern8 ment, and that is not an advisable addition to the Library of Congress, shall

9 be turned over to the Free Public Library of the District of Columbia for

10 general use if the book is appropriate for the Free Public Library.

11 § 558. Donation of forfeited vessels

12 (a) IN GENERAL.—A vessel that is forfeited to the Federal Government

13 may be donated, in accordance with procedures under this subtitle, to an

14 eligible institution described in subsection (b).

15 (b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub16 section (a) is an educational institution with a commercial fishing vessel

17 safety program or other vessel safety, education and training program. The

18 institution must certify to the federal officer making the donation that the

19 program includes, at a minimum, the following courses in vessel safety:

20 (1) Vessel stability.

21 (2) Firefighting.

22 (3) Shipboard first aid.

23 (4) Marine safety and survival.

24 (5) Seamanship rules of the road.

25 (c) TERMS AND CONDITIONS.—The donation of a vessel under this sec26 tion shall be made on terms and conditions considered appropriate by the

27 federal officer making the donation. The following terms and conditions are

28 required:

29 (1) NO WARRANTY.—The institution must accept the vessel as is,

30 where it is, and without warranty of any kind and without any rep31 resentation as to its condition or suitability for use.

32 (2) MAINTENANCE.—The institution is responsible for maintaining

33 the vessel.

34 (3) INSTRUCTION ONLY.—The vessel may be used only for instruct35 ing students in a vessel safety education and training program.

36 (4) DOCUMENTATION.—If the vessel is eligible to be documented, it

37 must be documented by the institution as a vessel of the United States

38 under chapter 121 of title 46. The requirements of paragraph (5) must

39 be noted on the permanent record of the vessel.
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1 (5) DISPOSAL.—The institution must obtain prior approval from the

2 Administrator of General Services before disposing of the vessel and

3 any proceeds from disposal shall be payable to the Government.

4 (6) INSPECTION OR REGULATION.—The vessel shall be inspected or

5 regulated in the same manner as a nautical school vessel under chapter

6 33 of title 46.

7 (d) GOVERNMENT LIABILITY.—The Government is not liable in an action

8 arising out of the transfer or use of a vessel transferred under this section.

9 § 559. Advice of Attorney General with respect to antitrust

10 law

11 (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—

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

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

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

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

16 (b) ADVICE REQUIRED.—

17 (1) IN GENERAL.—An executive agency shall not dispose of property

18 to a private interest until the agency has received the advice of the At19 torney General on whether the disposal to a private interest would tend

20 to create or maintain a situation inconsistent with antitrust law.

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

22 (A) real property, if the estimated fair market value is less than

23 $3,000,000; or

24 (B) personal property (other than a patent, process, technique,

25 or invention), if the estimated fair market value is less than

26 $3,000,000.

27 (c) NOTICE TO ATTORNEY GENERAL.—

28 (1) IN GENERAL.—An executive agency that contemplates disposing

29 of property to a private interest shall promptly transmit notice of the

30 proposed disposal, including probable terms and conditions, to the At31 torney General.

32 (2) COPY.—Except for the General Services Administration, an exec33 utive agency that transmits notice under paragraph (1) shall simulta34 neously transmit a copy of the notice to the Administrator of General

35 Services.

36 (d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not

37 later than 60 days, after receipt of notice under subsection (c), the Attorney

38 General shall advise the Administrator and any interested executive agency

39 whether, so far as the Attorney General can determine, the proposed dis40 position would tend to create or maintain a situation inconsistent with anti41 trust law.
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1 (e) REQUEST FOR INFORMATION.—On request from the Attorney Gen2 eral, the head of an executive agency shall furnish information the agency

3 possesses that the Attorney General determines is appropriate or necessary

4 to—

5 (1) give advice required by this section; or

6 (2) determine whether any other disposition or proposed disposition

7 of surplus property violates antitrust law.

8 (f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,

9 amend, or modify antitrust law or limit or prevent application of antitrust

10 law to a person acquiring property under this subtitle.

11 SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

12 § 571. General rules for deposit and use of proceeds

13 (a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—

14 (1) IN GENERAL.—Except as otherwise provided in this subchapter,

15 proceeds described in paragraph (2) shall be deposited in the Treasury

16 as miscellaneous receipts.

17 (2) PROCEEDS.—The proceeds referred to in paragraph (1) are pro18 ceeds under this chapter from a—

19 (A) transfer of excess property to a federal agency for agency

20 use; or

21 (B) sale, lease, or other disposition of surplus property.

22 (b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to

23 regulations under this subtitle, the expenses of the sale of old material, con24 demned stores, supplies, or other public property may be paid from the pro25 ceeds of sale so that only the net proceeds are deposited in the Treasury.

26 This subsection applies whether proceeds are deposited as miscellaneous re27 ceipts or to the credit of an appropriation as authorized by law.

28 § 572. Real property

29 (a) IN GENERAL.—

30 (1) SEPARATE FUND.—Except as provided in subsection (b), pro31 ceeds of the disposition of surplus real and related personal property

32 by the Administrator of General Services shall be set aside in a sepa33 rate fund in the Treasury.

34 (2) PAYMENT OF EXPENSES FROM THE FUND.—

35 (A) AUTHORITY.—From the fund described in paragraph (1),

36 the Administrator may obligate an amount to pay the following di37 rect expenses incurred for the use of excess property and the dis38 posal of surplus property under this subtitle:

39 (i) Fees of appraisers, auctioneers, and realty brokers, in

40 accordance with the scale customarily paid in similar commer41 cial transactions.
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1 (ii) Costs of environmental and historic preservation serv2 ices.

3 (iii) Advertising and surveying.

4 (B) LIMITATIONS.—

5 (i) PERCENTAGE LIMITATION.—In each fiscal year, no

6 more than 12 percent of the proceeds of all dispositions of

7 surplus real and related personal property may be paid to

8 meet direct expenses incurred in connection with the disposi9 tions.

10 (ii) DETERMINATION OF MAXIMUM AMOUNT.—The Director

11 of the Office of Management and Budget each quarter shall

12 determine the maximum amount that may be obligated under

13 this paragraph.

14 (C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount obli15 gated under this paragraph may be used to pay an expense di16 rectly or to reimburse a fund or appropriation that initially paid

17 the expense.

18 (3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once each

19 year, excess amounts beyond current operating needs shall be trans20 ferred from the fund described in paragraph (1) to miscellaneous re21 ceipts.

22 (4) REPORT.—A report of receipts, disbursements, and transfers to

23 miscellaneous receipts under this subsection shall be made annually, in

24 connection with the budget estimate, to the Director and to Congress.

25 (b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPARTMENT.—

26 (1) DEFINITION.—For purposes of this subsection, the term ‘‘mili27 tary installation’’ has the meaning given that term in section

28 2687(e)(1) of title 10.

29 (2) APPLICATION.—

30 (A) IN GENERAL.—This subsection applies to real property, in31 cluding any improvement on the property, that is under the con32 trol of a military department and that the Secretary of the depart33 ment determines is excess to the department’s needs.

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

35 (i) damaged or deteriorated military family housing facili36 ties conveyed under section 2854a of title 10; or

37 (ii) property at a military installation designated for clo38 sure or realignment.

39 (3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Secretary

40 of Defense shall provide that property described in paragraph (2) is
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1 available for transfer, without reimbursement, to other military depart2 ments within the Department of Defense.

3 (4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL

4 SERVICES.—If property is not transferred pursuant to paragraph (3),

5 the Secretary of the military department with the property under its

6 control shall request the Administrator to transfer or dispose of the

7 property in accordance with this subtitle or other applicable law.

8 (5) PROCEEDS.—

9 (A) DEPOSIT IN SPECIAL ACCOUNT.—For a transfer or disposi10 tion of property pursuant to paragraph (4), the Administrator

11 shall deposit any proceeds (less expenses of the transfer or disposi12 tion as provided in subsection (a)) in a special account in the

13 Treasury.

14 (B) AVAILABILITY OF AMOUNT DEPOSITED.—To the extent pro15 vided in an appropriation law, an amount deposited in a special

16 account under subparagraph (A) is available for facility mainte17 nance and repair or environmental restoration as follows:

18 (i) 50 percent of the amount is available for the military

19 installation where the property is located.

20 (ii) 50 percent of the amount is available for the military

21 department that had jurisdiction over the property before the

22 transfer or disposition.

23 (6) REPORT.—As part of the annual request for authorizations of

24 appropriations to the Committees on Armed Services of the Senate and

25 the House of Representatives, the Secretary of Defense shall include

26 an accounting of each transfer and disposal made in accordance with

27 this subsection during the fiscal year preceding the fiscal year in which

28 the request is made. The accounting shall include a detailed expla29 nation of each transfer and disposal and of the use of the proceeds re30 ceived from it by the Department of Defense.

31 § 573. Personal property

32 The Administrator of General Services may retain from the proceeds of

33 sales of personal property the Administrator conducts amounts necessary to

34 recover, to the extent practicable, costs the Administrator (or the Adminis35 trator’s agent) incurs in conducting the sales. The Administrator shall de36 posit amounts retained into the General Supply Fund established under sec37 tion 321(a) of this title. From the amounts deposited, the Administrator

38 may pay direct costs and reasonably related indirect costs incurred in con39 ducting sales of personal property. At least once each year, amounts re40 tained that are not needed to pay the direct and indirect costs shall be
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1 transferred from the General Supply Fund to the general fund or another

2 appropriate account in the Treasury.

3 § 574. Other rules regarding proceeds

4 (a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.—

5 (1) APPLICATION.—This subsection applies to property acquired with

6 amounts—

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

8 (B) appropriated from the general fund of the Treasury but by

9 law reimbursable from assessment, tax, or other revenue or re10 ceipts.

11 (2) IN GENERAL.—The net proceeds of a disposition or transfer of

12 property described in paragraph (1) shall be—

13 (A) credited to the applicable reimbursable fund or appropria14 tion; or

15 (B) paid to the federal agency that determined the property to

16 be excess.

17 (3) CALCULATION OF NET PROCEEDS.—For purposes of this sub18 section, the net proceeds of a disposition or transfer of property are

19 the proceeds less all expenses incurred for the disposition or transfer,

20 including care and handling.

21 (4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the

22 agency that determined the property to be excess decides that it is un23 economical or impractical to ascertain the amount of net proceeds, the

24 proceeds shall be credited to miscellaneous receipts.

25 (b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

26 (1) DEPOSITS.—A federal agency that disposes of surplus property

27 under this chapter may deposit, in a special account in the Treasury,

28 amounts of the proceeds of the dispositions that the agency decides are

29 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 (c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made by

38 an executive agency, or a subcontract under that contract, authorizes the

39 proceeds of a sale of property in the custody of a contractor or subcon40 tractor to be credited to the price or cost of work covered by the contract
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1 or subcontract, then the proceeds of the sale shall be credited in accordance

2 with the contract or subcontract.

3 (d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive agency

4 entitled to receive cash under a contract for the lease, sale, or other disposi5 tion of surplus property may accept property instead of cash if the Presi6 dent determines that the property is strategic or critical material. The prop7 erty is valued at the prevailing market price when the cash payment be8 comes due.

9 (e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposi10 tion of surplus property under this chapter, if credit has been extended, or

11 if the disposition has been by lease or permit, the Administrator of General

12 Services, in a manner and on terms the Administrator determines are in

13 the best interest of the Federal Government—

14 (1) shall administer and manage the credit, lease, or permit, and any

15 security for the credit, lease, or permit; and

16 (2) may enforce, adjust, and settle any right of the Government with

17 respect to the credit, lease, or permit.

18 SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED

19 ACTIVITIES

20 § 581. General authority of Administrator of General Serv21 ices

22 (a) APPLICABILITY.—To the extent that the Administrator of General

23 Services by law, other than this section, may maintain, operate, and protect

24 buildings or property, including the construction, repair, preservation, demo25 lition, furnishing, or equipping of buildings or property, the Administrator,

26 in the discharge of these duties, may exercise authority granted under this

27 section.

28 (b) PERSONNEL AND EQUIPMENT.—The Administrator may—

29 (1) employ and pay personnel at per diem rates approved by the Ad30 ministrator, not exceeding rates currently paid by private industry for

31 similar services in the place where the services are performed;

32 (2) purchase, repair, and clean uniforms for civilian employees of the

33 General Services Administration who are required by law or regulation

34 to wear uniform clothing; and

35 (3) furnish arms and ammunition for the protection force the Ad36 ministration maintains.

37 (c) ACQUISITION AND MANAGEMENT OF PROPERTY.—

38 (1) REAL ESTATE.—The Administrator may acquire, by purchase,

39 condemnation, or otherwise, real estate and interests in real estate.

40 (2) GROUND RENT.—The Administrator may pay ground rent for

41 buildings owned by the Federal Government or occupied by federal
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1 agencies, and pay the rent in advance if required by law or if the Ad2 ministrator determines that advance payment is in the public interest.

3 (3) RENT AND REPAIRS UNDER A LEASE.—The Administrator may

4 pay rent and make repairs, alterations, and improvements under the

5 terms of a lease entered into by, or transferred to, the Administration

6 for the housing of a federal agency.

7 (4) REPAIRS THAT ARE ECONOMICALLY ADVANTAGEOUS.—The Ad8 ministrator may repair, alter, or improve rented premises if the Admin9 istrator determines that doing so is advantageous to the Government

10 in terms of economy, efficiency, or national security. The Administra11 tor’s determination must—

12 (A) set forth the circumstances that make the repair, alteration,

13 or improvement advantageous; and

14 (B) show that the total cost (rental, repair, alteration, and im15 provement) for the expected life of the lease is less than the cost

16 of alternative space not needing repair, alteration, or improvement.

17 (5) INSURANCE PROCEEDS FOR DEFENSE INDUSTRIAL RESERVE.—

18 At the direction of the Secretary of Defense, the Administrator may

19 use insurance proceeds received for damage to property that is part of

20 the Defense Industrial Reserve to repair or restore the property.

21 (6) MAINTENANCE CONTRACTS.—The Administrator may enter into

22 a contract, for a period not exceeding five years, for the inspection,

23 maintenance, and repair of fixed equipment in a federally owned build24 ing.

25 (d) LEASE OF FEDERAL BUILDING SITES.—

26 (1) IN GENERAL.—The Administrator may lease a federal building

27 site or addition, including any improvements, until the site is needed

28 for construction purposes. The lease must be for fair rental value and

29 on other terms and conditions the Administrator considers to be in the

30 public interest pursuant to section 545 of this title.

31 (2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this sub32 section may be negotiated without public advertising for bids if—

33 (A) the lessee is—

34 (i) the former owner from whom the Government acquired

35 the property; or

36 (ii) the former owner’s tenant in possession; and

37 (B) the lease is negotiated incident to or in connection with the

38 acquisition of the property.

39 (3) DEPOSIT OF RENT.—Rent received under this subsection may be

40 deposited into the Federal Buildings Fund established by section

41 592(a) of this title.
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1 (e) ASSISTANCE TO THE INAUGURAL COMMITTEE.—The Administrator

2 may provide direct assistance and special services for the Inaugural Com3 mittee (as defined in section 501 of title 36) during an inaugural period

4 in connection with Presidential inaugural operations and functions. Assist5 ance and services under this subsection may include—

6 (1) employment of personal services without regard to chapters 33

7 and 51 and subchapter III of chapter 53 of title 5;

8 (2) providing Government-owned and leased space for personnel and

9 parking;

10 (3) paying overtime to guard and custodial forces;

11 (4) erecting and removing stands and platforms;

12 (5) providing and operating first-aid stations;

13 (6) providing furniture and equipment; and

14 (7) providing other incidental services in the discretion of the Admin15 istrator.

16 (f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS PROP17 ERTY.—The Administrator may—

18 (1) provide utilities and services, if the utilities and services are not

19 provided by other sources, to a person, firm, or corporation occupying

20 or using a plant or portion of a plant that constitutes—

21 (A) any part of the Defense Industrial Reserve pursuant to sec22 tion 2535 of title 10; or

23 (B) surplus real property; and

24 (2) credit an amount received for providing utilities and services

25 under this subsection to an applicable appropriation of the Administra26 tion.

27 (g) OBTAINING PAYMENTS.—The Administrator may—

28 (1) obtain payments, through advances or otherwise, for services,

29 space, quarters, maintenance, repair, or other facilities furnished, on a

30 reimbursable basis, to a federal agency, a mixed–ownership Govern31 ment corporation (as defined in chapter 91 of title 31), or the District

32 of Columbia; and

33 (2) credit the payments to the applicable appropriation of the Ad34 ministration.

35 (h) COOPERATIVE USE OF PUBLIC BUILDINGS.—

36 (1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—The

37 Administrator may lease space on a major pedestrian access level,

38 courtyard, or rooftop of a public building to a person, firm, or organi39 zation engaged in commercial, cultural, educational, or recreational ac40 tivity (as defined in section 3306(a) of this title). The Administrator

41 shall establish a rental rate for leased space equivalent to the prevailing
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1 commercial rate for comparable space devoted to a similar purpose in

2 the vicinity of the public building. The lease may be negotiated without

3 competitive bids, but shall contain terms and conditions and be nego4 tiated pursuant to procedures that the Administrator considers nec5 essary to promote competition and to protect the public interest.

6 (2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PURPOSES.—

7 The Administrator may make available, on occasion, or lease at a rate

8 and on terms and conditions that the Administrator considers to be in

9 the public interest, an auditorium, meeting room, courtyard, rooftop,

10 or lobby of a public building to a person, firm, or organization engaged

11 in cultural, educational, or recreational activity (as defined in section

12 3306(a) of this title) that will not disrupt the operation of the building.

13 (3) DEPOSIT AND CREDIT OF AMOUNTS RECEIVED.—The Adminis14 trator may deposit into the Federal Buildings Fund established by sec15 tion 592(a) of this title an amount received under a lease or rental exe16 cuted pursuant to paragraph (1) or (2). The amount shall be credited

17 to the appropriation made for the fund applicable to the operation of

18 the building.

19 (4) FURNISHING UTILITIES AND MAINTENANCE.—The Administrator

20 may furnish utilities, maintenance, repair, and other services to a per21 son, firm, or organization leasing space pursuant to paragraph (1) or

22 (2). The services may be provided during and outside of regular work23 ing hours of federal agencies.

24 § 582. Management of buildings by Administrator of General

25 Services

26 (a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the re27 quest of a federal agency, a mixed-ownership Government corporation (as

28 defined in chapter 91 of title 31), or the District of Columbia, the Adminis29 trator of General Services may operate, maintain, and protect a building

30 that is owned by the Federal Government (or, in the case of a wholly owned

31 or mixed-ownership Government corporation, by the corporation) and occu32 pied by the agency or instrumentality making the request.

33 (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MAN34 AGEMENT AND BUDGET.—

35 (1) IN GENERAL.—When the Director of the Office of Management

36 and Budget determines that it is in the interest of economy or effi37 ciency, the Director shall transfer to the Administrator all functions

38 vested in a federal agency with respect to the operation, maintenance,

39 and custody of an office building owned by the Government or a wholly

40 owned Government corporation, or an office building, or part of an of41 fice building, that is occupied by a federal agency under a lease.
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1 (2) EXCEPTION FOR POST–OFFICE BUILDINGS.—A transfer of func2 tions shall not be made under this subsection for a post–office building,

3 unless the Director determines that the building is not used predomi4 nantly for post–office purposes. The Administrator may delegate func5 tions with respect to a post–office building that are transferred to the

6 Administrator under this subsection only to another officer or employee

7 of the General Services Administration or to the Postmaster General.

8 (3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A trans9 fer of functions shall not be made under this subsection for a building

10 located in a foreign country.

11 (4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A

12 transfer of functions shall not be made under this subsection for a

13 building located on the grounds of a facility of the Department of De14 fense (including a fort, camp, post, arsenal, navy yard, naval training

15 station, airfield, proving ground, military supply depot, or school) un16 less and only to the extent that the Secretary of Defense has issued

17 a permit for use by another agency.

18 (5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—A

19 transfer of functions shall not be made under this subsection for a

20 building that the Director finds to be a part of a group of buildings

21 that are—

22 (A) located in the same vicinity;

23 (B) used wholly or predominantly for the special purposes of the

24 agency with custody of the buildings; and

25 (C) not generally suitable for use by another agency.

26 (6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A transfer

27 of functions shall not be made under this subsection for the Treasury

28 Building, the Bureau of Engraving and Printing Building, the build29 ings occupied by the National Institute of Standards and Technology,

30 and the buildings under the jurisdiction of the regents of the Smithso31 nian Institution.

32 § 583. Construction of buildings

33 (a) AUTHORITY.—At the request of a federal agency, a mixed-ownership

34 Government corporation (as defined in chapter 91 of title 31), or the Dis35 trict of Columbia, the Administrator of General Services may—

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

37 (2) make or cause to be made (under contract or otherwise) surveys

38 and test borings and prepare plans and specifications for a building or

39 project prior to the Attorney General’s approval of the title to the site;

40 and
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1 (3) contract for, and supervise, the construction, development, and

2 equipping of a building or project.

3 (b) TRANSFER OF AMOUNTS.—An amount available to a federal agency

4 or instrumentality for a building or project may be transferred, in advance,

5 to the General Services Administration for purposes the Administrator de6 termines are necessary, including payment of salaries and expenses for pre7 paring plans and specifications and for field supervision.

8 § 584. Assignment and reassignment of space

9 (a) AUTHORITY.—

10 (1) IN GENERAL.—Subject to paragraph (2), the Administrator of

11 General Services may assign or reassign space for an executive agency

12 in any Federal Government-owned or leased building.

13 (2) REQUIREMENTS.—The Administrator’s authority under para14 graph (1) may be exercised only—

15 (A) in accordance with policies and directives the President pre16 scribes under section 121(a) of this title;

17 (B) after consultation with the head of the executive agency af18 fected; and

19 (C) on a determination by the Administrator that the assign20 ment or reassignment is advantageous to the Government in terms

21 of economy, efficiency, or national security.

22 (b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pe23 destrian access level (other than space leased under section 581(h)(1) or (2)

24 of this title), the Administrator shall, where practicable, give priority to fed25 eral activities requiring regular contact with the public. If the space is not

26 available, the Administrator shall provide space with maximum ease of ac27 cess to building entrances.

28 § 585. Lease agreements

29 (a) IN GENERAL.—

30 (1) AUTHORITY.—The Administrator of General Services may enter

31 into a lease agreement with a person, copartnership, corporation, or

32 other public or private entity for the accommodation of a federal agen33 cy in a building (or improvement) which is in existence or being erected

34 by the lessor to accommodate the federal agency. The Administrator

35 may assign and reassign the leased space to a federal agency.

36 (2) TERMS.—A lease agreement under this subsection shall be on

37 terms the Administrator considers to be in the interest of the Federal

38 Government and necessary for the accommodation of the federal agen39 cy. However, the lease agreement may not bind the Government for

40 more than 20 years and the obligation of amounts for a lease under
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1 this subsection is limited to the current fiscal year for which payments

2 are due without regard to section 1341(a)(1)(B) of title 31.

3 (b) SUBLEASE.—

4 (1) APPLICATION.—This subsection applies to rent received if the

5 Administrator—

6 (A) determines that an unexpired portion of a lease of space to

7 the Government is surplus property; and

8 (B) disposes of the property by sublease.

9 (2) USE OF RENT.—Notwithstanding section 571(a) of this title, the

10 Administrator may deposit rent received into the Federal Buildings

11 Fund established by section 592(a) of this title. The Administrator

12 may defray from the fund any costs necessary to provide services to

13 the Government’s lessee and to pay the rent (not otherwise provided

14 for) on the lease of the space to the Government.

15 (c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV16 ERNMENT LAND.—Amounts made available to the General Services Admin17 istration for the payment of rent may be used to lease space, for a period

18 of not more than 30 years, in a building erected on land owned by the Gov19 ernment.

20 § 586. Charges for space and services

21 (a) DEFINITION.—In this section, ‘‘space and services’’ means space,

22 services, quarters, maintenance, repair, and other facilities.

23 (b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—

24 (1) IN GENERAL.—The Administrator of General Services shall im25 pose a charge for furnishing space and services.

26 (2) RATES.—The Administrator shall, from time to time, determine

27 the rates to be charged for furnishing space and services and shall pre28 scribe regulations providing for the rates. The rates shall approximate

29 commercial charges for comparable space and services. However, for a

30 building for which the Administrator is responsible for alterations only

31 (as the term ‘‘alter’’ is defined in section 3301(a) of this title), the

32 rates shall be fixed to recover only the approximate cost incurred in

33 providing alterations.

34 (3) EXEMPTIONS.—The Administrator may exempt anyone from the

35 charges required by this subsection when the Administrator determines

36 that charges would be infeasible or impractical. To the extent an ex37 emption is granted, appropriations to the General Services Administra38 tion may be used to reimburse the Federal Buildings Fund (established

39 by section 592(a) of this title) for any loss of revenue.

40 (c) CHARGES BY EXECUTIVE AGENCIES.—
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1 (1) IN GENERAL.—An executive agency, other than the Administra2 tion, may impose a charge for furnishing space and services at rates

3 approved by the Administrator.

4 (2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen5 cy receives under this subsection shall be credited to the appropriation

6 or fund initially charged for providing the space or service. However,

7 amounts in excess of actual operating and maintenance costs shall be

8 credited to miscellaneous receipts unless otherwise provided by law.

9 (d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent

10 payments to the Administration for lease space relating to expansion needs

11 of the agency. Payment rates shall approximate commercial charges for

12 comparable space as provided in subsection (b). Payments shall be deposited

13 into the Fund established under section 592(a) of this title. The Adminis14 tration may use amounts received under this subsection, in addition to

15 amounts received as New Obligational Authority, in the Rental of Space ac16 tivity of the Fund.

17 § 587. Telecommuting and other alternative workplace ar18 rangements

19 (a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’

20 means flexiplace work telecommuting centers.

21 (b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF

22 GENERAL SERVICES.—

23 (1) ESTABLISHMENT.—The Administrator of General Services may

24 acquire space for, establish, and equip telecommuting centers for use

25 in accordance with this subsection.

26 (2) USE.—A telecommuting center may be used by employees of fed27 eral agencies, state and local governments, and the private sector. The

28 Administrator shall give federal employees priority in using a telecom29 muting center. The Administrator may make a telecommuting center

30 available for use by others to the extent it is not fully utilized by fed31 eral employees.

32 (3) USER FEES.—The Administrator shall charge a user fee for the

33 use of a telecommuting center. The amount of the user fee shall ap34 proximate commercial charges for comparable space and services. How35 ever, the user fee may not be less than necessary to pay the cost of

36 establishing and operating the telecommuting center, including the rea37 sonable cost of renovation and replacement of furniture, fixtures, and

38 equipment.

39 (4) DEPOSIT AND USE OF FEES.—The Administrator may—

40 (A) deposit user fees into the Federal Buildings Fund estab41 lished by section 592(a) of this title and use the fees to pay costs
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1 incurred in establishing and operating the telecommuting center;

2 and

3 (B) accept and retain income received by the General Services

4 Administration, from federal agencies and non-federal sources, to

5 defray costs directly associated with the functions of telecom6 muting centers.

7 (c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY

8 EXECUTIVE AGENCIES AND OTHERS.—

9 (1) DEFINITION.—In this subsection, the term ‘‘alternative work10 place arrangements’’ includes telecommuting, hoteling, virtual offices,

11 and other distributive work arrangements.

12 (2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering

13 whether to acquire space, quarters, buildings, or other facilities for use

14 by employees, the head of an executive agency shall consider whether

15 needs can be met using alternative workplace arrangements.

16 (3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro17 vide guidance, assistance, and oversight to any person regarding the es18 tablishment and operation of alternative workplace arrangements.

19 (d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING

20 PROGRAMS.—

21 (1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele22 commuting program’’ means a program under which employees of a de23 partment or agency set out in paragraph (2) are permitted to perform

24 all or a portion of their duties at a telecommuting center established

25 under this section or other federal law.

26 (2) MINIMUM FUNDING.—For each of the following departments and

27 agencies, in each fiscal year at least $50,000 of amounts made avail28 able for salaries and expenses is available only for carrying out a

29 flexiplace work telecommuting program:

30 (A) Department of Agriculture.

31 (B) Department of Commerce.

32 (C) Department of Defense.

33 (D) Department of Education.

34 (E) Department of Energy.

35 (F) Department of Health and Human Services.

36 (G) Department of Housing and Urban Development.

37 (H) Department of the Interior.

38 (I) Department of Justice.

39 (J) Department of Labor.

40 (K) Department of State.

41 (L) Department of Transportation.
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1 (M) Department of the Treasury.

2 (N) Department of Veterans Affairs.

3 (O) Environmental Protection Agency.

4 (P) General Services Administration.

5 (Q) Office of Personnel Management.

6 (R) Small Business Administration.

7 (S) Social Security Administration.

8 (T) United States Postal Service.

9 § 588. Movement and supply of office furniture

10 (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a

11 substantial and identifiable segment of space (such as a building, floor, or

12 wing) in a location that the Administrator of General Services controls for

13 purposes of assignment of space.

14 (b) APPLICATION.—This section applies if an agency (or unit of the agen15 cy), moves from one controlled space to another, whether in the same or

16 a different location.

17 (c) MOVING EXISTING FURNITURE.—The furniture and furnishings used

18 by an agency (or organizational unit of the agency) shall be moved only if

19 the Administrator determines, after consultation with the head of the agen20 cy and with due regard for the program activities of the agency, that it

21 would not be more economical and efficient to make suitable replacements

22 available in the new controlled space.

23 (d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter24 mination under subsection (c), suitable furniture and furnishings for the

25 new controlled space shall be provided from stocks under the control of the

26 moving agency or from stocks available to the Administrator, whichever the

27 Administrator determines to be more economical and efficient. However, the

28 same or similar items may not be provided from both sources.

29 (e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and fur30 nishings for a new controlled space are provided from stocks available to

31 the Administrator, the items being provided remain in the control of the Ad32 ministrator.

33 (f) CONTROL OF FURNITURE NOT MOVED.—

34 (1) IN GENERAL.—If furniture and furnishings for a new controlled

35 space are provided from stocks available to the Administrator, the fur36 niture and furnishings that were previously used by the moving agency

37 (or unit of the agency) pass to the control of the Administrator.

38 (2) REIMBURSEMENT.—

39 (A) IN GENERAL.—Furniture and furnishings passing to the

40 control of the Administrator under this section pass without reim41 bursement.
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1 (B) EXCEPTION FOR TRUST FUND.—If furniture and fur2 nishings that were purchased from a trust fund pass to the control

3 of the Administrator under this section, the Administrator shall

4 reimburse the trust fund for the fair market value of the furniture

5 and furnishings.

6 (3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur7 nishings are carried as assets of a revolving or working capital fund

8 at the time they pass to the control of the Administrator under this

9 section, the net book value of the furniture and furnishings shall be

10 written off and the capital of the fund is diminished by the amount

11 of the write-off.

12 § 589. Installation, repair, and replacement of sidewalks

13 (a) IN GENERAL.—An executive agency may install, repair, and replace

14 sidewalks around buildings, installations, property, or grounds that are—

15 (1) under the agency’s control;

16 (2) owned by the Federal Government; and

17 (3) located in a State, the District of Columbia, Puerto Rico, or a

18 territory or possession of the United States.

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

20 (1) reimbursement to a State or political subdivision of a State, the

21 District of Columbia, Puerto Rico, or a territory or possession of the

22 United States; or

23 (2) a means other than reimbursement.

24 (c) REGULATIONS.—Subsection (a) shall be carried out in accordance

25 with regulations the Administrator of General Services prescribes with the

26 approval of the Director of the Office of Management and Budget.

27 (d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for

28 installation, repair, and maintenance, generally, are available to carry out

29 this section.

30 (e) LIABILITY.—This section does not increase or enlarge the tort liability

31 of the Government for injuries to individuals or damages to property.

32 § 590. Child care

33 (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General

34 Services Administration’s licensing agreements, the Administrator of Gen35 eral Services shall provide guidance, assistance, and oversight to federal

36 agencies for the development of child care centers to provide economical and

37 effective child care for federal workers.

38 (b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—

39 (1) DEFINITIONS.—In this subsection, the following definitions

40 apply:
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1 (A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’

2 means an individual or entity that provides or proposes to provide

3 child care services for federal employees.

4 (B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’

5 means an officer or agency of the Federal Government charged

6 with the allotment of space in federal buildings.

7 (2) ALLOTMENT.—A child care provider may be allotted space in a

8 federal building by an allotment officer if—

9 (A) the child care provider applies to the allotment officer in the

10 community or district in which child care services are to be pro11 vided;

12 (B) the space is available; and

13 (C) the allotment officer determines that—

14 (i) the space will be used to provide child care services to

15 children of whom at least 50 percent have one parent or

16 guardian employed by the Government; and

17 (ii) the child care provider will give priority to federal em18 ployees for available child care services in the space.

19 (c) PAYMENT FOR SPACE AND SERVICES.—

20 (1) DEFINITION.—For purposes of this subsection, the term ‘‘serv21 ices’’ includes the providing of lighting, heating, cooling, electricity, of22 fice furniture, office machines and equipment, classroom furnishings

23 and equipment, kitchen appliances, playground equipment, telephone

24 service (including installation of lines and equipment and other ex25 penses associated with telephone services), and security systems (in26 cluding installation and other expenses associated with security sys27 tems), including replacement equipment, as needed.

28 (2) NO CHARGE.—Space allotted under subsection (b) may be pro29 vided without charge for rent or services.

30 (3) REIMBURSEMENT FOR COSTS.—For space allotted under sub31 section (b), if there is an agreement for the payment of costs associated

32 with providing space or services, neither title 31, nor any other law,

33 prohibits or restricts payment by reimbursement to the miscellaneous

34 receipts or other appropriate account of the Treasury.

35 (d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility

36 in its space, or is a sponsoring agency for a child care facility in other fed37 eral or leased space, the agency or the Administration may—

38 (1) pay accreditation fees, including renewal fees, for the child care

39 facility to be accredited by a nationally recognized early-childhood pro40 fessional organization;
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1 (2) pay travel and per diem expenses for representatives of the child

2 care facility to attend the annual Administration child care conference;

3 and

4 (3) enter into a consortium with one or more private entities under

5 which the private entities assist in defraying costs associated with the

6 salaries and benefits for personnel providing services at the facility.

7 (e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec8 tion 1345 of title 31, an agency, department, or instrumentality of the Gov9 ernment that provides or proposes to provide child care services for federal

10 employees may reimburse a federal employee or any individual employed to

11 provide child care services for travel, transportation, and subsistence ex12 penses incurred for training classes, conferences, or other meetings in con13 nection with providing the services. A per diem allowance made under this

14 subsection may not exceed the rate specified in regulations prescribed under

15 section 5707 of title 5.

16 § 591. Purchase of electricity

17 (a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agen18 cy, or instrumentality of the Federal Government may not use amounts ap19 propriated or made available by any law to purchase electricity in a manner

20 inconsistent with state law governing the provision of electric utility service,

21 including—

22 (1) state utility commission rulings; and

23 (2) electric utility franchises or service territories established under

24 state statute, state regulation, or state-approved territorial agreements.

25 (b) EXCEPTIONS.—

26 (1) ENERGY SAVINGS.—This section does not preclude the head of

27 a federal agency from entering into a contract under section 801 of the

28 National Energy Conservation Policy Act (42 U.S.C. 8287).

29 (2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section

30 does not preclude the Secretary of a military department from—

31 (A) entering into a contract under section 2394 of title 10; or

32 (B) purchasing electricity from any provider if the Secretary

33 finds that the utility having the applicable state-approved fran34 chise (or other service authorization) is unwilling or unable to

35 meet unusual standards of service reliability that are necessary for

36 purposes of national defense.

37 § 592. Federal Buildings Fund

38 (a) ESTABLISHMENT.—There is in the Treasury a fund known as the

39 Federal Buildings Fund.

40 (b) DEPOSITS.—
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1 (1) IN GENERAL.—The following revenues and collections shall be

2 deposited into the Fund:

3 (A) User charges under section 586(b) of this title, payable in

4 advance or otherwise.

5 (B) Proceeds from the lease of federal building sites or addi6 tions under section 581(d) of this title.

7 (C) Receipts from carriers and others for loss of, or damage to,

8 property belonging to the Fund.

9 (2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This subchapter

10 does not preclude the Administrator of General Services from providing

11 special services, not included in the standard level user charge, on a

12 reimbursable basis. The reimbursements may be credited to the Fund.

13 (3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumula14 tion of excessive surpluses in the Fund, in any fiscal year an amount

15 specified in an appropriation law may be transferred out of the Fund

16 and deposited as miscellaneous receipts in the Treasury.

17 (c) USES.—

18 (1) IN GENERAL.—Deposits in the Fund are available for real prop19 erty management and related activities in the amounts specified in an20 nual appropriation laws without regard to fiscal year limitations.

21 (2) SALARIES AND EXPENSES RELATED TO CONSTRUCTION

22 PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that are

23 available pursuant to annual appropriation laws may be transferred

24 and consolidated on the books of the Treasury into a special account

25 in accordance with, and for the purposes specified in, section 3176 of

26 this title.

27 (3) REPAYMENT OF GENERAL SERVICES ADMINISTRATION BOR28 ROWING FROM FEDERAL FINANCING BANK.—The Administrator, in ac29 cordance with rules and procedures that the Office of Management and

30 Budget and the Secretary of the Treasury establish, may transfer from

31 the Fund an amount necessary to repay the principal amount of a Gen32 eral Services Administration borrowing from the Federal Financing

33 Bank, if the borrowing is a legal obligation of the Fund.

34 (4) PROTECTION FOR VETERANS PREFERENCE EMPLOYEES.—

35 (A) DEFINITIONS.—In this paragraph, the following definitions

36 apply:

37 (i) COVERED SERVICES.—The term ‘‘covered services’’

38 means any guard, elevator operator, messenger, or custodial

39 services.

40 (ii) SHELTERED WORKSHOP.—The term ‘‘sheltered work41 shop’’ means a sheltered workshop employing the severely
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1 handicapped under the Javits-Wagner-O’Day Act (41 U.S.C.

2 46 et seq.).

3 (B) IN GENERAL.—Except as provided in subparagraph (C),

4 amounts made available to the Administration pursuant to this

5 section may not be obligated or expended to procure covered serv6 ices by contract if an employee who was a permanent veterans

7 preference employee of the Administration on November 19, 1995,

8 would be terminated as a result.

9 (C) EXCEPTION.—Amounts made available to the Administra10 tion pursuant to this section may be obligated and expended to

11 procure covered services by contract with a sheltered workshop or,

12 if sheltered workshops decline to contract for the provision of cov13 ered services, by competitive contract for a period of no longer

14 than 5 years. When a competitive contract expires, or is termi15 nated for any reason, the Administration shall again offer to pro16 cure the covered services by contract with a sheltered workshop

17 before procuring the covered services by competitive contract.

18 (5) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of

19 amounts authorized to be expended from the Fund, the following are

20 deemed to be federally owned buildings:

21 (A) A building constructed pursuant to the purchase contract

22 authority of section 5 of the Public Buildings Amendments of

23 1972 (Public Law 92–313, 86 Stat. 219).

24 (B) A building occupied pursuant to an installment purchase

25 contract.

26 (C) A building under the control of a department or agency, if

27 alterations of the building are required in connection with moving

28 the department or agency from a former building that is, or will

29 be, under the control of the Administration.

30 (d) ENERGY MANAGEMENT PROGRAMS.—

31 (1) RECEIVING CASH INCENTIVES.—The Administrator may receive

32 amounts from rebates or other cash incentives related to energy savings

33 and shall deposit the amounts in the Fund for use as provided in para34 graph (4).

35 (2) RECEIVING GOODS OR SERVICES.—The Administrator may ac36 cept, from a utility, goods or services that enhance the energy efficiency

37 of federal facilities.

38 (3) ASSIGNMENT OF ENERGY REBATES.—In the administration of

39 real property that the Administrator leases and for which the Adminis40 trator pays utility costs, the Administrator may assign all or a portion

41 of energy rebates to the lessor to underwrite the costs incurred in un-
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1 dertaking energy efficiency improvements in the real property if the

2 payback period for the improvement is at least 2 years less than the

3 remainder of the term of the lease.

4 (4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE5 MENT PROGRAMS.—In addition to amounts appropriated for energy

6 management improvement programs and without regard to subsection

7 (c)(1), the Administrator may obligate for those programs—

8 (A) amounts received and deposited in the Fund under para9 graph (1);

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

11 (C) amounts the Administrator determines are not needed for

12 other authorized projects and that are otherwise available to im13 plement energy efficiency programs.

14 (e) RECYCLING PROGRAMS.—

15 (1) RECEIVING AMOUNTS.—The Administrator may receive amounts

16 from the sale of recycled materials and shall deposit the amounts in

17 the Fund for use as provided in paragraph (2).

18 (2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition

19 to amounts appropriated for such purposes and without regard to sub20 section (c)(1), the Administrator may obligate amounts received and

21 deposited in the Fund under paragraph (1) for programs which—

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

23 and

24 (B) encourage employees to participate in recycling programs by

25 providing financing for child care.

26 (f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND

27 RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,

28 cash incentives or otherwise, any revenues, collections, or other income re29 lated to energy savings or recycling efforts. Amounts received under this

30 subsection remain in the Fund until expended and remain available for fed31 eral energy management improvement programs, recycling programs, or em32 ployee programs that are authorized by law or that the Administrator con33 siders appropriate. The Administration may use amounts received under

34 this subsection, in addition to amounts received as New Obligational Au35 thority, in activities of the Fund as necessary.

36 SUBCHAPTER VI—MOTOR VEHICLE POOLS AND

37 TRANSPORTATION SYSTEMS

38 § 601. Purposes

39 In order to provide an economical and efficient system for transportation

40 of Federal Government personnel and property consistent with section 101

41 of this title, the purposes of this subchapter are—
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1 (1) to establish procedures to ensure safe operation of motor vehicles

2 on Government business;

3 (2) to provide for proper identification of Government motor vehicles;

4 (3) to establish an effective means to limit the use of Government

5 motor vehicles to official purposes;

6 (4) to reduce the number of Government-owned vehicles to the min7 imum necessary to transact public business; and

8 (5) to provide wherever practicable for centrally operated interagency

9 pools or systems for local transportation of Government personnel and

10 property.

11 § 602. Authority to establish motor vehicle pools and trans12 portation systems

13 (a) IN GENERAL.—Subject to section 603 of this title, and regulations

14 issued under section section 603, the Administrator of General Services

15 shall—

16 (1) take over from executive agencies and consolidate, or otherwise

17 acquire, motor vehicles and related equipment and supplies;

18 (2) provide for the establishment, maintenance, and operation (in19 cluding servicing and storage) of motor vehicle pools or systems; and

20 (3) furnish motor vehicles and related services to executive agencies

21 for the transportation of property and passengers.

22 (b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined

23 by the Administrator, motor vehicles and related services may be furnished

24 by providing an agency with—

25 (1) Federal Government-owned motor vehicles;

26 (2) the use of motor vehicles, under rental or other arrangements,

27 through private fleet operators, taxicab companies, or local or interstate

28 common carriers; or

29 (3) both.

30 (c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall,

31 so far as practicable, furnish motor vehicles and related services under this

32 section to any federal agency, mixed-ownership Government corporation (as

33 defined in chapter 91 of title 31), or the District of Columbia, on its re34 quest.

35 § 603. Process for establishing motor vehicle pools and

36 transportation systems

37 (a) DETERMINATION REQUIREMENT.—

38 (1) IN GENERAL.—The Administrator of General Services may carry

39 out section 602 only if the Administrator determines, after consultation

40 with the agencies concerned and with due regard to their program ac-
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1 tivities, that doing so is advantageous to the Federal Government in

2 terms of economy, efficiency, or service.

3 (2) ELEMENTS OF THE DETERMINATION.—A determination under

4 this section must be in writing. For each motor vehicle pool or system,

5 the determination must set forth an analytical justification that

6 includes—

7 (A) a detailed comparison of estimated costs for present and

8 proposed modes of operation; and

9 (B) a showing that savings can be realized by the establishment,

10 maintenance, and operation of a motor vehicle pool or system.

11 (b) REGULATIONS RELATED TO ESTABLISHMENT.—

12 (1) IN GENERAL.—The President shall prescribe regulations estab13 lishing procedures to carry out section 602 of this title.

14 (2) ELEMENTS OF THE REGULATIONS.—The regulations shall pro15 vide for—

16 (A) adequate notice to an executive agency of any determination

17 that affects the agency or its functions;

18 (B) independent review and decision as directed by the Presi19 dent of any determination disputed by an agency, with the possi20 bility that the decision may include a partial or complete exemp21 tion of the agency from the determination; and

22 (C) enforcement of determinations that become effective under

23 the regulations.

24 (3) EFFECT OF THE REGULATIONS.—A determination under sub25 section (a) is binding on an agency only as provided in regulations

26 issued under this subsection.

27 § 604. Treatment of assets taken over to establish motor ve28 hicle pools and transportation systems

29 (a) REIMBURSEMENT.—

30 (1) REQUIREMENT.—When the Administrator of General Services

31 takes over motor vehicles or related equipment or supplies under sec32 tion 602 of this title, reimbursement is required if the property is taken

33 over from—

34 (A) a Government corporation; or

35 (B) an agency, if the agency acquired the property through un36 reimbursed expenditures made from a revolving or trust fund au37 thorized by law.

38 (2) AMOUNT.—The Administrator shall reimburse a Government cor39 poration, or a fund through which an agency acquired property, by an

40 amount equal to the fair market value of the property. If the Adminis41 trator subsequently returns property of a similar kind under section
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1 610 of this title, the Government corporation or the fund shall reim2 burse the Administrator by an amount equal to the fair market value

3 of the property returned.

4 (b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes

5 over motor vehicles or related equipment or supplies under section 602 of

6 this title but reimbursement is not required under subsection (a), the value

7 of the property taken over, as determined by the Administrator, may be

8 added to the capital of the General Supply Fund. If the Administrator sub9 sequently returns property of a similar kind under section 610 of this title,

10 the value of the property may be deducted from the Fund.

11 § 605. Payment of costs

12 (a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General

13 Supply Fund provided for in section 321 of this title is available for use

14 by or under the direction and control of the Administrator of General Serv15 ices to pay the costs of carrying out section 602 of this title, including the

16 cost of purchasing or renting motor vehicles and related equipment and sup17 plies.

18 (b) SETTING PRICES TO RECOVER COSTS.—

19 (1) IN GENERAL.—The Administrator shall set prices for furnishing

20 motor vehicles and related services under section 602 of this title.

21 Prices shall be set to recover, so far as practicable, all costs of carrying

22 out section 602 of this title.

23 (2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s

24 discretion, prices may include an increment for the estimated replace25 ment cost of motor vehicles and related equipment and supplies. Not26 withstanding section 321(f)(1) of this title, the increment may be re27 tained as a part of the capital of the General Supply Fund but is avail28 able only to replace motor vehicles and related equipment and supplies.

29 (c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re30 lated equipment, and any increment for estimated replacement cost, shall

31 be recovered only through charges for the cost of amortization. Costs shall

32 be determined, and financial reports prepared, in accordance with the ac33 crual accounting method.

34 § 606. Regulations related to operation

35 (a) IN GENERAL.—The Director of the Office of Personnel Management

36 shall prescribe regulations to govern executive agencies in authorizing civil37 ian personnel to operate Federal Government-owned motor vehicles for offi38 cial purposes within the States of the United States, the District of Colum39 bia, Puerto Rico, and the terrritories and possessions of the United States.

40 (b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe

41 standards of physical fitness for authorized operators. The regulations may
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1 require operators and prospective operators to obtain state and local licenses

2 or permits that are required to operate similar vehicles for other than offi3 cial purposes.

4 (c) AGENCY ORDERS.—The head of each executive agency shall issue or5 ders and directives necessary for compliance with the regulations. The or6 ders and directives shall provide for—

7 (1) periodically testing the physical fitness of operators and prospec8 tive operators; and

9 (2) suspension and revocation of authority to operate.

10 § 607. Records

11 The Administrator of General Services shall maintain an accurate record

12 of the cost of establishing, maintaining, and operating each motor vehicle

13 pool or system established under section 602 of this title.

14 § 608. Scrip, tokens, tickets

15 The Administrator of General Services, in the operation of motor vehicle

16 pools or systems under this subchapter, may provide for the sale and use

17 of scrip, tokens, tickets, and similar devices to collect payment.

18 § 609. Identification of vehicles

19 (a) IN GENERAL.—Under regulations prescribed by the Administrator of

20 General Services, every motor vehicle acquired and used for official purposes

21 within the United States, or the territories or possessions of the United

22 States, by any federal agency or by the District of Columbia shall be con23 spicuously identified by showing, on the vehicle—

24 (1)(A) the full name of the department, establishment, corporation,

25 or agency that uses the vehicle and the service for which the vehicle

26 is used; or

27 (B) a title that readily identifies the department, establishment, cor28 poration, or agency that uses the vehicle and that is descriptive of the

29 service for which the vehicle is used; and

30 (2) the legend ‘‘For official use only’’.

31 (b) EXCEPTIONS.—The regulations prescribed pursuant to this section

32 may provide for exemptions when conspicuous identification would interfere

33 with the purpose for which a vehicle is acquired and used.

34 § 610. Discontinuance of motor vehicle pool or system

35 (a) IN GENERAL.—The Administrator of General Services shall dis36 continue a motor vehicle pool or system if there are no actual savings real37 ized (based on accounting as provided in section 605 of this title) during

38 a reasonable period of not longer than two successive fiscal years.

39 (b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or

40 system is discontinued, the Administrator shall return to each agency in41 volved motor vehicles and related equipment and supplies similar in kind
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1 and reasonably comparable in value to any motor vehicles and related equip2 ment and supplies which were previously taken over by the Administrator.

3 § 611. Duty to report violations

4 During the regular course of the duties of the Administrator of General

5 Services, if the Administrator becomes aware of a violation of section 1343,

6 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the con7 version by a Federal Government official or employee of a Government8 owned or leased motor vehicle to the official or employee’s own use or to

9 the use of others, the Administrator shall report the violation to the head

10 of the agency in which the official or employee is employed, for further in11 vestigation and either appropriate disciplinary action under section 1343,

12 1344, or 1349(b) or, if appropriate, referral to the Attorney General for

13 prosecution under section 641.

14 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.

15 § 701. Administrative

16 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre17 scribe policies that the President considers necessary to carry out this chap18 ter. The policies must be consistent with this chapter.

19 (b) EXECUTIVE AGENCY RESPONSIBILITY.—

20 (1) IN GENERAL.—The head of an executive agency that has foreign

21 excess property is responsible for the disposal of the property.

22 (2) CONFORMANCE TO POLICIES.—In carrying out functions under

23 this chapter, the head of an executive agency shall—

24 (A) use the policies prescribed by the President under sub25 section (a) for guidance; and

26 (B) dispose of foreign excess property in a manner that con27 forms to the foreign policy of the United States.

28 (3) DELEGATION OF AUTHORITY.—The head of an executive agency

29 may—

30 (A) delegate authority conferred by this chapter to an official

31 in the agency or to the head of another executive agency; and

32 (B) authorize successive redelegation of authority conferred by

33 this chapter.

34 (4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this

35 chapter, the head of an executive agency may—
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1 (A) appoint and fix the pay of personnel in the United States,

2 subject to chapters 33 and 51 and subchapter III of chapter 53

3 of title 5; and

4 (B) appoint personnel outside the States of the United States

5 and the District of Columbia, without regard to chapter 33 of title

6 5.

7 (c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—

8 (1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of

9 State may use foreign currencies and credits acquired by the United

10 States under section 704(b)(2) of this title—

11 (A) to carry out the Mutual Educational and Cultural Exchange

12 Act of 1961 (22 U.S.C. 2451 et seq.);

13 (B) to carry out the Foreign Service Buildings Act, 1926 (22

14 U.S.C. 292 et seq.); and

15 (C) to pay other governmental expenses payable in local cur16 rencies.

17 (2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di18 rected by the President, the Secretary of State shall continue to per19 form functions under agreements in effect on July 1, 1949, related to

20 the disposal of foreign excess property. The Secretary of State may

21 amend, modify, and renew the agreements. Foreign currencies or cred22 its the Secretary of State acquires under the agreements shall be ad23 ministered in accordance with procedures that the Secretary of the

24 Treasury may establish. Foreign currencies or credits reduced to

25 United States currency must be deposited into the Treasury as mis26 cellaneous receipts.

27 § 702. Return of foreign excess property to United States

28 (a) IN GENERAL.—Under regulations prescribed pursuant to subsection

29 (b), foreign excess property may be returned to the United States for han30 dling as excess or surplus property under subchapter II of chapter 5 of this

31 title or section 549 or 551 of this title when the head of the executive agen32 cy concerned, or the Administrator of General Services after consultation

33 with the agency head, determines that return of the property to the United

34 States for such handling is in the interest of the United States.

35 (b) REGULATIONS.—The Administrator shall prescribe regulations to

36 carry out this section. The regulations must require that transportation

37 costs for returning foreign excess property to the United States are paid

38 by the federal agency, state agency, or donee receiving the property.
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1 § 703. Donation of medical supplies for use in foreign coun2 try

3 (a) APPLICATION.—This section applies to medical materials or supplies

4 that are in a foreign country but that would, if situated within the United

5 States, be available for donation under subchapter III of chapter 5 of this

6 title.

7 (b) IN GENERAL.—An executive agency may donate medical materials or

8 supplies that are not disposed of under section 702 of this title.

9 (c) CONDITIONS.—A donation under this section is subject to the fol10 lowing conditions:

11 (1) The medical materials and supplies must be donated for use in

12 a foreign country.

13 (2) The donation must be made to a nonprofit medical or health or14 ganization, which may be an organization qualified to receive assistance

15 under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22

16 U.S.C. 2174(b), 2357).

17 (3) The donation must be made without cost to the donee (except

18 for costs of care and handling).

19 § 704. Other methods of disposal

20 (a) IN GENERAL.—Foreign excess property not disposed of under section

21 702 or 703 of this title, may be disposed of as provided in this section.

22 (b) METHODS OF DISPOSAL.—

23 (1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an exec24 utive agency may dispose of foreign excess property by sale, exchange,

25 lease, or transfer, for cash, credit or other property, with or without

26 warranty, under terms and conditions the head of the executive agency

27 considers proper.

28 (2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head

29 of an executive agency determines that it is in the interest of the

30 United States, foreign excess property may be exchanged for—

31 (A) foreign currencies or credits; or

32 (B) substantial benefits or the discharge of claims resulting

33 from the compromise or settlement of claims in accordance with

34 law.

35 (3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an

36 executive agency may authorize the abandonment, destruction, or dona37 tion of foreign excess property if the property has no commercial value

38 or if estimated costs of care and handling exceed the estimated pro39 ceeds from sale.

40 (c) ADVERTISING.—The head of an executive agency may dispose of for41 eign excess property without advertising if the head of the executive agency
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1 finds that disposal without advertising is the most practicable and advan2 tageous means for the Federal Government to dispose of the property.

3 (d) TRANSFER OF TITLE.—The head of an executive agency may execute

4 documents to transfer title or other interests in, and take other action nec5 essary or proper to dispose of, foreign excess property.

6 § 705. Handling of proceeds from disposal

7 (a) IN GENERAL.—This section applies to proceeds from the sale, lease,

8 or other disposition of foreign excess property under this chapter.

9 (b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign

10 currencies or credits, must be administered in accordance with procedures

11 that the Secretary of the Treasury may establish.

12 (c) UNITED STATES CURRENCY.—

13 (1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap14 plies to proceeds of foreign excess property disposed of for United

15 States currency under this chapter.

16 (2) DEPOSITED INTO TREASURY AS MISCELLANEOUS RECEIPTS.—

17 Except as provided in paragraph (1), proceeds in the form of United

18 States currency, including foreign currencies or credits that are re19 duced to United States currency, must be deposited into the Treasury

20 as miscellaneous receipts.

21 (d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

22 (1) DEPOSITS.—A federal agency that disposes of foreign excess

23 property under this chapter may deposit, in a special account in the

24 Treasury, amounts of the proceeds of the dispositions that the agency

25 decides are necessary to permit—

26 (A) appropriate refunds to purchasers for dispositions that are

27 rescinded or that do not become final; and

28 (B) payments for breach of warranty.

29 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a

30 special account under paragraph (1) may withdraw amounts to be re31 funded or paid from the account without regard to the origin of the

32 amounts withdrawn.

33 CHAPTER 9—URBAN LAND USE

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.

34 § 901. Purpose and policy

35 The purpose of this chapter is to promote harmonious intergovernmental

36 relations and encourage sound planning, zoning, and land use practices by
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1 prescribing uniform policies and procedures for the Administrator of Gen2 eral Services to acquire, use, and dispose of land in urban areas. To the

3 greatest extent practicable, urban land transactions entered into for the

4 General Services Administration and other federal agencies shall be con5 sistent with zoning and land-use practices and with the planning and devel6 opment objectives of local governments and planning agencies.

7 § 902. Definitions

8 In this chapter, the following definitions apply:

9 (1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

10 general local government’’ means a city, county, town, parish, village,

11 or other general-purpose political subdivision of a State.

12 (2) URBAN AREA.—The term ‘‘urban area’’ means—

13 (A) a geographical area within the jurisdiction of an incor14 porated city, town, borough, village, or other unit of general local

15 government, except a county or parish, having a population of at

16 least 10,000 inhabitants;

17 (B) that portion of the geographical area within the jurisdiction

18 of a county, town, township, or similar governmental entity which

19 contains no incorporated unit of general local government but has

20 a population density of at least 1,500 inhabitants per square mile;

21 and

22 (C) that portion of a geographical area having a population den23 sity of at least 1,500 inhabitants per square mile and situated ad24 jacent to the boundary of an incorporated unit of general local

25 government which has a population of at least 10,000.

26 § 903. Acquisition and use

27 (a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before

28 making a commitment to acquire real property situated in an urban area,

29 the Administrator of General Services shall give notice of the intended ac30 quisition and the proposed use of the property to the unit of general local

31 government exercising zoning and land-use jurisdiction. If the Administrator

32 determines that providing advance notice would adversely impact the acqui33 sition, the Administrator shall give notice of the acquisition and the pro34 posed use of the property immediately after the property is acquired.

35 (b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisi36 tion or change of use of real property situated in an urban area as a site

37 for public building, if the unit of general local government exercising zoning

38 and land-use jurisdiction objects on grounds that the proposed acquisition

39 or change of use conflicts with zoning regulations or planning objectives, the

40 Administrator shall, to the extent the Administrator determines is prac-
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1 ticable, consider all objections and comply with the zoning regulations and

2 planning objectives.

3 § 904. Disposal

4 (a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ5 ated in an urban area for sale, the Administrator of General Services shall

6 give reasonable notice to the unit of the general local government exercising

7 zoning and land-use jurisdiction in order to provide an opportunity for zon8 ing so that the property is used in accordance with local comprehensive

9 planning described in subsection (c).

10 (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent

11 practicable, the Administrator shall furnish to all prospective purchasers of

12 real property situated in an urban area complete information concerning—

13 (1) current zoning regulations, prospective zoning requirements, and

14 objectives for property if it is unzoned; and

15 (2)(A) the current availability of streets, sidewalks, sewers, water,

16 street lights, and other service facilities; and

17 (B) the prospective availability of those service facilities if the prop18 erty is included in local comprehensive planning described in subsection

19 (c).

20 (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning

21 referred to in subsections (a) and (b) includes any of the following activities,

22 to the extent the activity is directly related to the needs of a unit of general

23 local government:

24 (1) As a guide for government policy and action, preparing general

25 plans related to—

26 (A) the pattern and intensity of land use;

27 (B) the provision of public facilities (including transportation

28 facilities) and other government services; and

29 (C) the effective development and use of human and natural re30 sources.

31 (2) Preparing long-range physical and fiscal plans for government

32 action.

33 (3) Programing capital improvements and other major expenditures,

34 based on a determination of relative urgency, together with definitive

35 financial planning for expenditures in the earlier years of a program.

36 (4) Coordinating related plans and activities of state and local gov37 ernments and agencies.

38 (5) Preparing regulatory and administrative measures to support ac39 tivities described in this subsection.
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1 § 905. Waiver

2 The procedures prescribed in sections 903 and 904 of this title may be

3 waived during a period of national emergency proclaimed by the President.

4 CHAPTER 11—SELECTION OF ARCHITECTS AND

5 ENGINEERS

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.

6 § 1101. Policy

7 The policy of the Federal Government is to publicly announce all require8 ments for architectural and engineering services and to negotiate contracts

9 for architectural and engineering services on the basis of demonstrated com10 petence and qualification for the type of professional services required and

11 at fair and reasonable prices.

12 § 1102. Definitions

13 In this chapter, the following definitions apply:

14 (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a

15 department, agency, or bureau of the Federal Government.

16 (2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘ar17 chitectural and engineering services’’ means—

18 (A) professional services of an architectural or engineering na19 ture, as defined by state law, if applicable, that are required to

20 be performed or approved by a person licensed, registered, or cer21 tified to provide the services described in this paragraph;

22 (B) professional services of an architectural or engineering na23 ture performed by contract that are associated with research, plan24 ning, development, design, construction, alteration, or repair of

25 real property; and

26 (C) other professional services of an architectural or engineering

27 nature, or incidental services, which members of the architectural

28 and engineering professions (and individuals in their employ) may

29 logically or justifiably perform, including studies, investigations,

30 surveying and mapping, tests, evaluations, consultations, com31 prehensive planning, program management, conceptual designs,

32 plans and specifications, value engineering, construction phase

33 services, soils engineering, drawing reviews, preparation of oper34 ating and maintenance manuals, and other related services.

35 (3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,

36 corporation, association, or other legal entity permitted by law to prac37 tice the profession of architecture or engineering.
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1 § 1103. Selection procedure

2 (a) IN GENERAL.—These procedures apply to the procurement of archi3 tectural and engineering services by an agency head.

4 (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to

5 submit annually a statement of qualifications and performance data.

6 (c) EVALUATION.—For each proposed project, the agency head shall

7 evaluate current statements of qualifications and performance data on file

8 with the agency, together with statements submitted by other firms regard9 ing the proposed project. The agency head shall conduct discussions with

10 at least 3 firms to consider anticipated concepts and compare alternative

11 methods for furnishing services.

12 (d) SELECTION.—From the firms with which discussions have been con13 ducted, the agency head shall select, in order of preference, at least 3 firms

14 that the agency head considers most highly qualified to provide the services

15 required. Selection shall be based on criteria established and published by

16 the agency head.

17 § 1104. Negotiation of contract

18 (a) IN GENERAL.—The agency head shall negotiate a contract for archi19 tectural and engineering services at compensation which the agency head de20 termines is fair and reasonable to the Federal Government. In determining

21 fair and reasonable compensation, the agency head shall consider the scope,

22 complexity, professional nature, and estimated value of the services to be

23 rendered.

24 (b) ORDER OF NEGOTIATION.—The agency head shall attempt to nego25 tiate a contract, as provided in subsection (a), with the most highly qualified

26 firm selected under section 1103 of this title. If the agency head is unable

27 to negotiate a satisfactory contract with the firm, the agency head shall for28 mally terminate negotiations and then undertake negotiations with the next

29 most qualified of the selected firms, continuing the process until an agree30 ment is reached. If the agency head is unable to negotiate a satisfactory

31 contract with any of the selected firms, the agency head shall select addi32 tional firms in order of their competence and qualification and continue ne33 gotiations in accordance with this section until an agreement is reached.

34 CHAPTER 13—PUBLIC PROPERTY

Sec.

1301. Charge of property transferred to the Federal Government.

1302. Lease of buildings.

1303. Disposition of surplus real property.

1304. Transfer of federal property to States.

1305. Disposition of land acquired by devise.

1306. Disposition of abandoned or forfeited personal property.

1307. Disposition of securities.

1308. Disposition of unfit horses and mules.

1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property.
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1310. Sale of war supplies, land, and buildings.

1311. Authority of President to obtain releases.

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 into the Treasury as mis27 cellaneous 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 corporations wholly owned by the Government.

33 (b) ASSIGNMENT OF SPACE, LEASE, OR SALE.—

34 (1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec35 ommendation of the Administrator of General Services, or the federal

36 agency having control of any real property the agency acquires that is

37 located outside of the District of Columbia, other than military or naval
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1 reservations, declares the property to be surplus to the needs of the

2 agency, the Administrator—

3 (A) may assign space in the property to any federal agency;

4 (B) pending a sale, may lease the property for not more than

5 5 years and on terms the Administrator considers to be in the

6 public interest; or

7 (C) may sell the property at public sale to the highest respon8 sible bidder on terms and after public advertisement that the Ad9 ministrator considers to be in the public interest.

10 (2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency

11 to which space is assigned does not desire to occupy the space, the deci12 sion of the Administrator under paragraph (1)(A) is subject to review

13 by the President.

14 (3) NEGOTIATED SALE.—If no bids which are satisfactory as to price

15 and responsibility of the bidder are received as a result of public adver16 tisement, the Administrator may sell the property by negotiation, on

17 terms as may be considered to be to the best interest of the Govern18 ment, but at a price not less than that bid by the highest responsible

19 bidder.

20 (c) DEMOLITION.—The Administrator may demolish any building de21 clared to be surplus to the needs of the Government under this section on

22 deciding that demolition will be in the best interest of the Government. Be23 fore proceeding with the demolition, the Administrator shall inform the Sec24 retary of the Interior in writing of the Administrator’s intention to demolish

25 the building, and shall not proceed with the demolition until receiving writ26 ten notice from the Secretary that the building is not an historic building

27 of national significance within the meaning of the Act of August 21, 1935

28 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq29 uities Act). If the Secretary does not notify the Administrator of the Sec30 retary’s decision as to whether the building is an historic building of na31 tional significance within 90 days of the receipt of the notice of intention

32 to demolish the building, the Administrator may proceed to demolish the

33 building.

34 (d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When

35 the Administrator, after investigation, decides that real property referred to

36 in subsection (b) should be used for the accommodation of a federal agency,

37 the Administrator may make any repairs or alterations that the Adminis38 trator considers necessary or advisable and may maintain and operate the

39 property.

40 (e) PAYMENT BY FEDERAL AGENCIES.—
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1 (1) ASSIGNED REAL PROPERTY.—To the extent that the appropria2 tions of the General Services Administration not otherwise allocated are

3 inadequate for repairs, alterations, maintenance, or operation, the Ad4 ministrator may require each federal agency to which space has been

5 assigned to pay promptly by check to the Administrator out of its ap6 propriation for rent any part of the estimated or actual cost of the re7 pairs, alterations, maintenance, and operation. Payment may be either

8 in advance of, or on or during, occupancy of the space. The Adminis9 trator shall determine and equitably apportion the total amount to be

10 paid among the agencies to whom space has been assigned.

11 (2) LEASED SPACES.—To the extent that the appropriations of the

12 Administration not otherwise required are inadequate, the Adminis13 trator may require each federal agency to which leased space has been

14 assigned to pay promptly by check to the Administrator out of its avail15 able appropriations any part of the estimated cost of rent, repairs, al16 terations, maintenance, operation, and moving. Payment may be either

17 in advance or during occupancy of the space. When space in a building

18 is occupied by two or more agencies, the Administrator shall determine

19 and equitably apportion rental, operation, and other charges on the

20 basis of the total amount of space leased.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be

22 appropriated to cover the costs incident to the sale or lease of real property,

23 or authorized demolition of buildings on the property, declared to be surplus

24 to the needs of any federal agency under this section, and the care, mainte25 nance, and protection of the property, including pay of employees, travel of

26 Government employees, brokers’ fees not in excess of rates paid for similar

27 services in the community where the property is situated, appraisals, photo28 graphs, surveys, evidence of title and perfecting of defective titles, adver29 tising, and telephone and telegraph charges. However, the agency remains

30 responsible for the proper care, maintenance, and protection of the property

31 until the Administrator assumes custody or other disposition of the property

32 is made.

33 (g) REGULATIONS.—The Administrator may prescribe regulations as nec34 essary to carry out this section.

35 § 1304. Transfer of federal property to States

36 (a) OBSOLETE BUILDINGS AND SITES.—

37 (1) IN GENERAL.—The Administrator of General Services, in the Ad38 ministrator’s discretion, on terms the Administrator considers proper,

39 and under regulations the Administrator may prescribe, may sell prop40 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 which

22 requests the property and which 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 which

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.—

8 (A) PARTY TO WHOM PROPERTY MAY BE DELIVERED.—Before

9 entry of a decree, the Administrator shall apply to the court to

10 order delivery of the property—

11 (i) to the agency filing the request;

12 (ii) if a request has not been filed, to another agency that

13 requests the property and that the Administrator believes

14 should be given the property; or

15 (iii) to the agency that seized the property if the agency

16 has not requested it, no other agency has requested the prop17 erty, the Administrator believes that no other agency should

18 be given the property, and the Administrator believes the

19 property may later become necessary to any agency for offi20 cial use, and the agency shall retain the property in its cus21 tody.

22 (B) ORDER OF ADMINISTRATOR.—The Administrator within a

23 reasonable time shall order the agency to which property is or24 dered delivered under subclause (A)(iii) to—

25 (i) deliver the property to another agency that requests the

26 property and that the Administrator believes should be given

27 the property; or

28 (ii) dispose of the property as otherwise provided by law.

29 (3) FORFEITURE DECREED.—If forfeiture is decreed and the prop30 erty is not ordered by competent authority to be returned to any claim31 ant, the court shall order delivery as provided in paragraph (2).

32 (4) WHEN NO APPLICATION MADE.—The court shall dispose of prop33 erty for which no application is made in accordance with law.

34 (e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention

35 or delivery of forfeited or abandoned property under this section is deemed

36 to be a sale of the property for the purpose of laws providing for informer’s

37 fees or remission or mitigation of a forfeiture. Property acquired under this

38 section when no longer needed for official use shall be disposed of in the

39 same manner as other surplus property.

40 (f) PAYMEMT OF COSTS RELATED TO PROPERTY.—
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1 (1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available

2 to an agency for the purchase, hire, operation, maintenance, and repair

3 of any property is available for—

4 (A) the payment of expenses of operation, maintenance, and re5 pair of property of the same kind the agency receives under this

6 section for official use;

7 (B) the payment of a lien recognized and allowed under law;

8 (C) the payment of amounts found to be due a person on the

9 authorized remission or mitigation of a forfeiture; and

10 (D) reimbursement of other agencies as provided in paragraph

11 (2).

12 (2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen13 cy that receives property under this section shall pay the cost of haul14 ing, transporting, towing, and storing the property. If the property is

15 later delivered to another agency for official use under this section, the

16 agency to which the property is delivered shall make reimbursement for

17 all of those costs incurred prior to the date the property is delivered.

18 (g) REPORT.—With the approval of the Secretary of the Treasury, the

19 Administrator may require an agency to make a report of all property aban20 doned to it or seized and the disposal of the property.

21 (h) ADMINISTRATIVE.—

22 (1) REGULATIONS.—With the approval of the Secretary, the Admin23 istrator may prescribe regulations necessary to carry out this section.

24 (2) OTHER LAWS NOT REPEALED.—This section does not repeal any

25 other laws relating to the disposition of forfeited or abandoned prop26 erty, except provisions of those laws directly in conflict with this sec27 tion.

28 (3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC29 TION.—The following classes of property are not subject to allocation

30 under this section, but shall be disposed of in the manner otherwise

31 provided by law:

32 (A) narcotic drugs, as defined in the Controlled Substances Act

33 (21 U.S.C. 801 et seq.).

34 (B) firearms, as defined in section 5845 of the Internal Revenue

35 Code of 1986 (26 U.S.C. 5845).

36 (C) other classes or kinds of property the disposal of which the

37 Administrator, with the approval of the Secretary, may consider

38 in the public interest, and may by regulation provide.

39 § 1307. Disposition of securities

40 The President, or an officer, agent, or agency the President may des41 ignate, may dispose of any securities acquired on behalf of the Federal Gov-
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1 ernment under the provisions of the Transportation Act of 1920 (ch. 91,

2 41 Stat. 456), including any securities acquired as an incident to a case

3 under title 11, under a receivership or reorganization proceeding, by assign4 ment, transfer, substitution, or issuance, or by acquisition of collateral given

5 for the payment of obligations to the Government, or may make arrange6 ments for the extension of the maturity of the securities, in the manner,

7 in amounts, at prices, for cash, securities, or other property or any combina8 tion of cash, securities, or other property, and on terms and conditions the

9 President or designee considers advisable and in the public interest.

10 § 1308. Disposition of unfit horses and mules

11 Subject to applicable regulations under this subtitle and title III of the

12 Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251

13 et seq.), horses and mules belonging to the Federal Government that have

14 become unfit for service may be destroyed or put out to pasture, either on

15 pastures belonging to the Government or those belonging to financially

16 sound and reputable humane organizations whose facilities permit them to

17 care for the horses and mules during the remainder of their natural lives,

18 at no cost to the Government.

19 § 1309. Preservation, sale, or collection of wrecked, aban20 doned, or derelict property

21 The Administrator of General Services may make contracts and provi22 sions for the preservation, sale, or collection of property, or the proceeds

23 of property, which may have been wrecked, abandoned, or become derelict,

24 if the Administrator considers the contracts and provisions to be in the in25 terest of the Federal Government and the property is within the jurisdiction

26 of the Government and should come to the United States. A contract may

27 provide compensation the Administrator considers just and reasonable to

28 any person who gives information about the property or actually preserves,

29 collects, surrenders, or pays over the property. No costs or claim shall be30 come chargeable to the Government in obtaining, preserving, collecting, or

31 receiving property or making property available.

32 § 1310. Sale of war supplies, land, and buildings

33 (a) IN GENERAL.—The President, through the head of any executive de34 partment and on terms the head of the department considers expedient,

35 may sell to a person, another department of the Federal Government, or

36 the government of a foreign country engaged in war against a country with

37 which the United States is at war—

38 (1) war supplies, material, and equipment;

39 (2) by-products of the war supplies, material, and equipment; and

40 (3) any building, plant, or factory, including the land on which the

41 plant or factory may be situated, acquired since April 6, 1917, for the
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1 production of war supplies, materials, and equipment that, during the

2 emergency existing on July 9, 1918, may have been purchased, ac3 quired, or manufactured by the Government.

4 (b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns

5 and ammunition authorized under any law shall be limited to—

6 (1) other departments of the Government;

7 (2) governments of foreign countries engaged in war against a coun8 try with which the United States is at war; and

9 (3) members of the National Rifle Association and of other recog10 nized associations organized in the United States for the encourage11 ment of small-arms target practice.

12 § 1311. Authority of President to obtain release

13 For the use or benefit of the Federal Government, the President may ob14 tain from an individual or officer to whom land has been or will be conveyed

15 a release of the individual’s or officer’s interest to the Government.

16 § 1312. Release of real estate in certain cases

17 (a) IN GENERAL.—Real estate that has become the property of the Fed18 eral Government in payment of a debt which afterward is fully paid in

19 money and received by the Government may be conveyed by the Adminis20 trator of General Services to the debtor from whom it was taken or to the

21 heirs or devisees of the debtor or the person that they may appoint.

22 (b) NONAPPLICATION.—This section does not apply to real estate the

23 Government acquires in payment of any debt arising under the Internal

24 Revenue Code of 1986 (26 U.S.C. 1 et seq.).

25 § 1313. Releasing property from attachment

26 (a) STIPULATION OF DISCHARGE.—

27 (1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi28 cial proceeding under the laws of a State, district, territory, or posses29 sion of the United States, when property owned or held by the Federal

30 Government, or in which the Government has or claims an interest, is

31 seized, arrested, attached, or held for the security or satisfaction of a

32 claim made against the property, the Attorney General may direct the

33 United States Attorney for the district in which the property is located

34 to enter a stipulation that on discharge of the property from the sei35 zure, arrest, attachment, or proceeding, the person asserting the claim

36 against the property becomes entitled to all the benefits of this section.

37 (2) NONAPPLICATION.—This subsection does not—

38 (A) recognize or concede any right to enforce by seizure, arrest,

39 attachment, or any judicial process a claim against property—

40 (i) of the Government; or
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1 (ii) held, owned, or employed by the Government, or by a

2 department of the Government, for a public use; or

3 (B) waive an objection to a proceeding brought to enforce the

4 claim.

5 (b) PAYMENT.—After a discharge, a final judgment which affirms the

6 claim for the security or satisfaction and the right of the person asserting

7 the claim to enforce it against the property, notwithstanding the claims of

8 the Government, is deemed to be a full and final determination of the rights

9 of the person and entitles the person, as against the Government, to the

10 rights the person would have had if possession of the property had not been

11 changed. When the claim is for the payment of money found to be due,

12 presentation of an authenticated copy of the record of the judgment and

13 proceedings is sufficient evidence to the proper accounting officers for the

14 allowance of the claim, which shall be allowed and paid out of amounts in

15 the Treasury not otherwise appropriated. The amount allowed and paid

16 shall not exceed the value of the interest of the Government in the property.

17 § 1314. Easements

18 (a) DEFINITIONS.—In this section—

19 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an

20 executive department or independent establishment in the executive

21 branch of the Federal Government, including a wholly owned Govern22 ment corporation.

23 (2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop24 erty of the Government’’ excludes—

25 (A) public land (including minerals, vegetative, and other re26 sources) in the United States, including—

27 (i) land reserved or dedicated for national forest purposes;

28 (ii) land the Secretary of the Interior administers or super29 vises in accordance with the Act of August 25, 1916 (16

30 U.S.C. 1, 2, 3, 4) (known as the National Park Service Or31 ganic Act);

32 (iii) Indian-owned trust and restricted land; and

33 (iv) land the Government acquires primarily for fish and

34 wildlife conservation purposes and the Secretary administers;

35 (B) land withdrawn from the public domain primarily under the

36 jurisdiction of the Secretary; and

37 (C) land acquired for national forest purposes.

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

39 the District of Columbia, Puerto Rico, and the territories and posses40 sions of the United States.
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1 (b) GRANT OF EASEMENT.—When a State, a political subdivision or

2 agency of a State, or a person applies for the grant of an easement in, over,

3 or on real property of the Government, the executive agency having control

4 of the real property may grant to the applicant, on behalf of the Govern5 ment, an easement that the head of the agency decides will not be adverse

6 to the interests of the Government, subject to reservations, exceptions, limi7 tations, benefits, burdens, terms, or conditions that the head of the agency

8 considers necessary to protect the interests of the Government. The grant

9 may be made without consideration, or with monetary or other consider10 ation, including an interest in real property.

11 (c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection

12 with the grant of an easement, the executive agency concerned may relin13 quish to the State in which the real property is located legislative jurisdic14 tion that the executive agency considers necessary or desirable. Relinquish15 ment of legislative jurisdiction may be accomplished by filing with the chief

16 executive officer of the State a notice of relinquishment to take effect upon

17 acceptance or by proceeding in the manner that the laws applicable to the

18 State may provide.

19 (d) TERMINATION OF EASEMENT.—

20 (1) WHEN TERMINATION OCCURS.—The instrument granting the

21 easement may provide for termination of any part of the easement if

22 there has been—

23 (A) a failure to comply with a term or condition of the grant;

24 (B) a nonuse of the easement for a consecutive 2-year period

25 for the purpose for which granted; or

26 (C) an abandonment of the easement.

27 (2) NOTICE REQUIRED.—If a termination provision is included, it

28 shall require that written notice of the termination be given to the

29 grantee, or its successors or assigns.

30 (3) EFFECTIVE DATE.—The termination is effective as of the date

31 of the notice.

32 (e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by

33 this section is in addition to, and shall not affect or be subject to, any other

34 law under which an executive agency may grant easements.

35 (f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,

36 under, and through public lands and lands in the National Forest System

37 may not be granted under this section.

38 § 1315. Special police

39 (a) APPOINTMENT.—The Administrator of General Services, or officials

40 of the General Services Administration authorized by the Administrator,

41 may appoint uniformed guards of the Administration as special police with-
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1 out additional compensation for duty in connection with the policing of all

2 buildings and areas owned or occupied by the Federal Government and

3 under the charge and control of the Administrator.

4 (b) POWERS.—Special police appointed under this section have the same

5 powers as sheriffs and constables on property referred to in subsection (a)

6 to enforce laws enacted for the protection of individuals and property, pre7 vent breaches of the peace, suppress affrays or unlawful assemblies, and en8 force regulations prescribed by the Administrator or authorized officials of

9 the Administration for property under their jurisdiction. However, the juris10 diction and policing powers of special police do not extend to the service of

11 civil process.

12 (c) DETAIL.—On the application of the head of a department or agency

13 of the Government having property of the Government under its administra14 tion and control, the Administrator or authorized officials may detail special

15 police for the protection of the property and, if the Administrator considers

16 it desirable, may extend to the property the applicability of regulations and

17 enforce them as provided in this section.

18 (d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is consid19 ered economical and in the public interest, the Administrator or authorized

20 official may utilize the facilities and services of existing federal law enforce21 ment agencies, and, with the consent of a state or local agency, the facilities

22 and services of state or local law enforcement agencies.

23 (e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or officials of

24 the Administration authorized by the Administrator, may empower officials

25 or employees of the Administration authorized to perform investigative func26 tions to act as nonuniformed special police to protect property under the

27 cfharge and control of the Administration and to carry firearms, whether

28 on federal property or in travel status. When on real property under the

29 charge and control of the Administration, officials or employees empowered

30 to act as nonuniformed special police have the power to enforce federal laws

31 for the protection of individuals and property and to enforce regulations for

32 that purpose that the Administrator or authorized officicals of the Adminis33 tration prescribe and publish. The special police may make arrests without

34 warrant for any offense committed on the property if the police have reason35 able ground to believe the offense constitutes a felony under the laws of the

36 United States and that the individual to be arrested is guilty of that offense.

37 (f) ADMINISTRATIVE.—The Administrator or authorized officials may pre38 scribe regulations necessary for the government of the property under their

39 charge and control, and may annex to the regulations reasonable penalties,

40 within the limits prescribed in subsection (g), that will ensure their enforce-
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1 ment. The regulations shall be posted and kept posted in a conspicuous

2 place on the property.

3 (g) PENALTIES.—

4 (1) IN GENERAL.—Except as provided in paragraph (2), a person

5 violating a regulation prescribed under subsection (f) shall be fined

6 under title 18, imprisoned for not more than 30 days, or both.

7 (2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—

8 (A) DEFINITION.—For purposes of this paragraph, the term

9 ‘‘military traffic regulation’’ means a regulation for the control of

10 vehicular or pedestrian traffic on military installations that the

11 Secretary of Defense prescribes under subsection (f).

12 (B) IN GENERAL.—A person violating a military traffic regula13 tion shall be fined an amount not exceeding the amount of the

14 maximum fine for a similar offense under the criminal or civil law

15 of the State, district, territory, or possession, of the United States

16 where the military installation in which the violation occurred is

17 located, imprisoned for not more than 30 days, or both.

18 SUBTITLE II—PUBLIC BUILDINGS AND WORKS

19 PART A—GENERAL

CHAPTER Sec.

31. GENERAL ....................................................................................................... 3101

33. ACQUISITION, CONSTRUCTION, AND ALTERATION ........................... 3301

35. EMERGENCY PUBLIC WORKS AND CONSTRUCTION PROJECTS .... 3501

37. NON-FEDERAL PUBLIC WORKS ............................................................... 3701

39. CONTRACT WORK HOURS AND SAFETY STANDARDS ....................... 3901

20 PART B—UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ................... 5101

21 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

22 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE

23 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

93. THEODORE ROOSEVELT ISLAND ........................................................... 9301

95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE

DISTRICT OF COLUMBIA.

9501
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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 accompanied by blind masters.

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.

3163. Report on use of volunteers by for-profit entities.

SUBCHAPTER VI—MISCELLANEOUS

3171. Availability of appropriations for use in temporary rented quarters.

3172. Contract authority when appropriation is for less than full amount.

3173. Extension of state workers’ compensation laws to buildings, works, and property of the

Federal Government.

3174. Working capital fund for blueprinting, photostating, and duplicating services in General

Services Administration.

3175. Operation of public utility communications services serving governmental activities.

3176. Transfer of administrative expenses into special account.

3177. Acceptance of gifts of property.

3178. 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 and assign and reassign rooms in, public buildings to federal officials,

4 clerks, and employees that the Administrator believes should be furnished

5 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 accompanied by blind mas11 ters

12 (a) IN GENERAL.—Seeing-eye dogs or other guide dogs, especially trained

13 and educated for that purpose, accompanied by their blind masters, shall

14 be admitted to any building or other property owned or controlled by the

15 Federal Government on the same terms and conditions, and subject to the

16 same regulations, as generally govern the admission of the public to the

17 property. The dogs are not permitted to run free or roam in a building or

18 on the property and must be in guiding harness or on leash and under the

19 control of their blind masters at all times while in a building or on the prop20 erty.

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 land in fee simple absolute, or a lesser estate or inter29 est as is specified in the declaration, vests 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 coupon

7 issue yield equivalent (as determined by the Secretary of the Treasury)

8 of the average accepted auction price for the last auction of 52-week

9 United States Treasury bills settled immediately before the date of tak10 ing.

11 (2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which

12 interest is owed is more than one year, interest for the first year shall

13 be calculated in accordance with paragraph (1) and interest for each

14 additional year shall be calculated on the amount by which the award

15 of compensation is more than the deposit referred to in section 3114

16 of this title, plus accrued interest, at an annual rate equal to the cou17 pon issue yield equivalent (as determined by the Secretary) of the aver18 age accepted auction price for the last auction of 52-week United

19 States Treasury bills settled immediately before the beginning of each

20 additional year.

21 (b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Adminis22 trative Office of the United States Courts shall distribute to all federal

23 courts notice of the rates described in paragraphs (1) and (2).

24 § 3117. Exclusion of certain property by stipulation of Attor25 ney General

26 In any condemnation proceeding brought by or on behalf of the Federal

27 Government, the Attorney General may stipulate or agree on behalf of the

28 Government to exclude any part of the property, or any interest in the prop29 erty, taken by or on behalf of the Government by a declaration of taking

30 or otherwise.

31 § 3118. Right of taking as addition to existing rights

32 The right to take possession and title in advance of final judgment in

33 condemnation proceedings as provided by section 3114 of this title is in ad34 dition to any right, power, or authority conferred by the laws of the United

35 States or of a State, territory, or possession of the United States under

36 which the proceeding may be conducted, and does not abrogate, limit, or

37 modify that right, power, or authority.

38 SUBCHAPTER III—BONDS

39 § 3131. Bonds of contractors of public buildings or works

40 (a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a

41 person awarded a contract of more than $100,000 for the construction, al-
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1 teration, or repair of any public building or public work of the Federal Gov2 ernment.

3 (b) TYPE OF BONDS REQUIRED.—Before any contract described in sub4 section (a) is awarded, a person must furnish to the Government the fol5 lowing bonds, which become binding when the contract 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 protection 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(b)(2) of this title and that has

33 not been paid in full within 90 days after the day on which the person

34 did or performed the last of the labor or furnished or supplied the ma35 terial for which the claim is made may bring a civil action on the pay36 ment bond for the amount unpaid at the time the civil action is

37 brought and may prosecute the action to final execution and judgment

38 for the 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.

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 terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage rates’’,

13 ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—

14 (1) the basic hourly rate of pay; and

15 (2) for medical or hospital care, pensions on retirement or death,

16 compensation for injuries or illness resulting from occupational activity,

17 insurance to provide that medical or hospital care, pensions, or com18 pensation, unemployment benefits, life insurance, disability and sick19 ness insurance, accident insurance, vacation and holiday pay, defraying

20 the costs of apprenticeship or other similar programs, or other fringe

21 benefits, but only where the contractor or subcontractor is not required

22 by other federal, state, or local law to provide any of those benefits,

23 the amount of—

24 (A) the rate of contribution irrevocably made by a contractor or

25 subcontractor to a trustee or to a third person under a fund, plan,

26 or program; and

27 (B) the rate of costs to the contractor or subcontractor which

28 may be reasonably anticipated in providing benefits to laborers

29 and mechanics pursuant to an enforceable commitment to carry

30 out a financially responsible plan or program which was commu31 nicated in writing to the laborers and mechanics affected.

32 § 3142. Rate of wages for laborers and mechanics

33 (a) APPLICATION.—The advertised specifications for every contract in ex34 cess of $2,000, to which the Federal Government or the District of Colum35 bia is a party, for construction, alteration, or repair, including painting and

36 decorating, of public buildings and public works of the Government or the

37 District of Columbia that are located in a State or the District of Columbia

38 and which requires or involves the employment of mechanics or laborers

39 shall contain a provision stating the minimum wages to be paid various

40 classes of laborers and mechanics.
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1 (b) BASED ON PREVAILING WAGE.—The minimum wages shall be based

2 on the wages the Secretary of Labor determines to be prevailing for the cor3 responding classes of laborers and mechanics employed on projects of a

4 character similar to the contract work in the civil subdivision of the State

5 in which the work is to be performed, or in the District of Columbia if the

6 work is to be performed there.

7 (c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon

8 the specifications referred to in subsection (a) must contain stipulations

9 that—

10 (1) the contractor or subcontractor shall pay all mechanics and la11 borers employed directly on the site of the work, unconditionally and

12 at least once a week, and without subsequent deduction or rebate on

13 any account, the full amounts accrued at time of payment, computed

14 at wage rates not less than those stated in the advertised specifications,

15 regardless of any contractual relationship which may be alleged to exist

16 between the contractor or subcontractor and the laborers and mechan17 ics;

18 (2) the contractor will post the scale of wages to be paid in a promi19 nent and easily accessible place at the site of the work; and

20 (3) there may be withheld from the contractor so much of accrued

21 payments as the contracting officer considers necessary to pay to labor22 ers and mechanics employed by the contractor or any subcontractor on

23 the work the difference between the rates of wages required by the con24 tract to be paid laborers and mechanics on the work and the rates of

25 wages received by the laborers and mechanics and not refunded to the

26 contractor or subcontractors or their agents.

27 (d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub28 contractor to make payment in accordance with the prevailing wage deter29 minations of the Secretary of Labor, under this subchapter and other laws

30 incorporating this subchapter by reference, may be discharged by making

31 payments in cash, by making contributions described in section 3141(2)(A)

32 of this title, by assuming an enforceable commitment to bear the costs of

33 a plan or program referred to in section 3141(2)(B) of this title, or by any

34 combination of payment, contribution, and assumption, where the aggregate

35 of the payments, contributions, and costs is not less than the basic hourly

36 rate of pay plus the amount referred to in section 3141(2).

37 (e) OVERTIME PAY.—In determining the overtime pay to which a laborer

38 or mechanic is entitled under any federal law, the regular or basic hourly

39 rate of pay (or other alternative rate on which premium rate of overtime

40 compensation is computed) of the laborer or mechanic is deemed to be the

41 rate computed under section 3141(1) of this title, except that where the
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1 amount of payments, contributions, or costs incurred with respect to the la2 borer or mechanic exceeds the applicable prevailing wage, the regular or

3 basic hourly rate of pay (or other alternative rate) is the amount of pay4 ments, contributions, or costs actually incurred with respect to the laborer

5 or mechanic minus the greater of the amount of contributions or costs of

6 the types described in section 3141(2) of this title actually incurred with

7 respect to the laborer or mechanic or the amount determined under section

8 3141(2) but not actually paid.

9 § 3143. Termination of work on failure to pay agreed wages

10 Every contract within the scope of this subchapter shall contain a provi11 sion that if the contracting officer finds that any laborer or mechanic em12 ployed by the contractor or any subcontractor directly on the site of the

13 work covered by the contract has been or is being paid a rate of wages less

14 than the rate of wages required by the contract to be paid, the Federal Gov15 ernment by written notice to the contractor may terminate the contractor’s

16 right to proceed with the work or the part of the work as to which there

17 has been a failure to pay the required wages. The Government may have

18 the work completed, by contract or otherwise, and the contractor and the

19 contractor’s sureties shall be liable to the Government for any excess costs

20 the Government incurs.

21 § 3144. Authority of Comptroller General to pay wages and

22 list contractors violating contracts

23 (a) PAYMENT OF WAGES.—

24 (1) IN GENERAL.—The Comptroller General shall pay directly to la25 borers and mechanics from any accrued payments withheld under the

26 terms of a contract any wages found to be due laborers and mechanics

27 under this subchapter.

28 (2) RIGHT OF ACTION.—If the accrued payments withheld under the

29 terms of the contract are insufficient to reimburse all the laborers and

30 mechanics who have not been paid the wages required under this sub31 chapter, the laborers and mechanics have the same right to bring a civil

32 action and intervene against the contractor and the contractor’s sure33 ties as is conferred by law on persons furnishing labor or materials.

34 In those proceedings it is not a defense that the laborers and mechan35 ics accepted or agreed to accept less than the required rate of wages

36 or voluntarily made refunds.

37 (b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—

38 (1) IN GENERAL.—The Comptroller General shall distribute to all

39 departments of the Federal Government a list of the names of persons

40 whom the Comptroller General has found to have disregarded their ob41 ligations to employees and subcontractors.
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1 (2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be

2 awarded to persons appearing on the list or to any firm, corporation,

3 partnership, or association in which the persons have an interest until

4 three years have elapsed from the date of publication of the list.

5 § 3145. Regulations governing contractors and subcontrac6 tors

7 (a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg8 ulations for contractors and subcontractors engaged in constructing, car9 rying out, completing, or repairing public buildings, public works, or build10 ings or works that at least partly are financed by a loan or grant from the

11 Federal Government. The regulations shall include a provision that each

12 contractor and subcontractor each week must furnish a statement on the

13 wages paid each employee during the prior week.

14 (b) APPLICATION.—Section 1001 of title 18 applies to the statements.

15 § 3146. Effect on other federal laws

16 This subchapter does not supersede or impair any authority otherwise

17 granted by federal law to provide for the establishment of specific wage

18 rates.

19 § 3147. Suspension of this subchapter during a national

20 emergency

21 The President may suspend the provisions of this subchapter during a na22 tional emergency.

23 § 3148. Application of this subchapter to certain contracts

24 This subchapter applies to a contract authorized by law that is made

25 without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or

26 on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro27 posals, if this subchapter otherwise would apply to the contract.

28 SUBCHAPTER V—VOLUNTEER SERVICES

29 § 3161. Purpose

30 It is the purpose of this subchapter to promote and provide opportunities

31 for individuals who wish to volunteer their services to state or local govern32 ments, public agencies, or nonprofit charitable organizations in the construc33 tion, repair, or alteration (including painting and decorating) of public

34 buildings and public works that at least partly are financed with federal fi35 nancial assistance authorized under certain federal programs and that oth36 erwise might not be possible without the use of volunteers.

37 § 3162. Waiver for individuals who perform volunteer serv38 ices

39 (a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la40 borers and mechanics be paid in accordance with the wage-setting provisions

41 of subchapter IV of this chapter as set forth in the Indian Self-Determina-
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1 tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian

2 Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing

3 and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does

4 not apply to an individual—

5 (1) who volunteers to perform a service directly to a state or local

6 government, a public agency, or a public or private nonprivate recipient

7 of federal assistance—

8 (A) for civic, charitable, or humanitarian reasons;

9 (B) only for the personal purpose or pleasure of the individual;

10 (C) without promise, expectation, or receipt of compensation for

11 services rendered, except as provided in subsection (b)); and

12 (D) freely and without pressure or coercion, direct or implied,

13 from any employer;

14 (2) whose contribution of service is not for the direct or indirect ben15 efit of any contractor otherwise performing or seeking to perform work

16 on the same project for which the individual is volunteering;

17 (3) who is not employed by and does not provide services to a con18 tractor or subcontractor at any time on the federally assisted or in19 sured project for which the individual is volunteering; and

20 (4) who otherwise is not employed by the same public agency or re21 cipient of federal assistance to perform the same type of services as

22 those for which the individual proposes to volunteer.

23 (b) PAYMENTS.—

24 (1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in

25 subsection (a) who are performing services directly to a state or local

26 government or public agency may receive payments of expenses, reason27 able benefits, or a nominal fee only in accordance with regulations the

28 Secretary of Labor prescribes.

29 (2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the

30 regulations, the Secretary shall consider criteria such as the total

31 amount of payments made (relating to expenses, benefits, or fees) in

32 the context of the economic realities. The regulations shall include pro33 visions that provide that—

34 (A) a payment for an expense may be received by a volunteer

35 for items such as uniform allowances, protective gear and clothing,

36 reimbursement for approximate out-of-pocket expenses, or the cost

37 or expense of meals and transportation;

38 (B) a reasonable benefit may include the inclusion of a volun39 teer in a group insurance plan (such as a liability, health, life, dis40 ability, or worker’s compensation plan) or pension plan, or the

41 awarding of a length of service award; and
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1 (C) a nominal fee may not be used as a substitute for com2 pensation and may not be connected to productivity.

3 (3) NOMINAL FEE.—The Secretary shall decide what constitutes a

4 nominal fee for purposes of paragraph (2)(C). The decision shall be

5 based on the context of the economic realities of the situation involved.

6 (c) ECONOMIC REALITY.—In determining whether an expense, benefit, or

7 fee described in subsection (b) may be paid to volunteers in the context of

8 the economic realities of the particular situation, the Secretary may not per9 mit any expense, benefit, or fee that has the effect of undermining labor

10 standards by creating downward pressure on prevailing wages in the local

11 construction industry.

12 § 3163. Report on use of volunteers by for-profit entities

13 Not later than December 31, 1997, the Secretary of Labor shall prepare

14 and submit to the appropriate committees of Congress a report that—

15 (1) to the maximum extent practicable—

16 (A) identifies and assesses the barriers that prevent private for17 profit entities from using volunteers permitted under this sub18 chapter; and

19 (B) assesses whether private for-profit entities should be per20 mitted to use volunteers on projects relating to the construction,

21 repair, or alteration of public buildings and public works if—

22 (i) the volunteers are performing services for civic, chari23 table, humanitarian or educational reasons;

24 (ii) the contribution of services is not for the direct or indi25 rect benefit of the private for-profit entity that is performing

26 or seeking to perform work on the projects; and

27 (iii) the projects otherwise would not be possible without

28 the use of volunteers; and

29 (2) contains recommendations with respect to other laws related to

30 subchapter IV that may be considered in legislation to permit volunteer

31 work.

32 SUBCHAPTER VI—MISCELLANEOUS

33 § 3171. Availability of appropriations for use in temporary

34 rented quarters

35 (a) IN GENERAL.—Unless otherwise specifically provided by law and ex36 cept as provided in subsection (b), when the Administrator of General Serv37 ices may secure temporary quarters for the use of Federal Government offi38 cials pending the alteration, improvement, or repairs to, or the remodeling,

39 reconstruction, or enlargement of, any public building belonging to the Gov40 ernment under the control of the Administrator, the following appropria41 tions are available, if necessary, in connection with the part of the premises
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1 that may be rented for, or occupied by, the officials in the same manner,

2 for the same purpose, and to the same extent as if the title to the premises

3 were vested in the Government:

4 (1) The appropriation for vaults, safes, and locks for public build5 ings.

6 (2) The appropriations for operating force and operating supplies for

7 public buildings.

8 (3) The appropriations for furniture and repairs of furniture.

9 (b) EXCEPTIONS.—

10 (1) OPERATING FORCE AND OPERATING SUPPLIES.—The appropria11 tions for operating force and operating supplies are not available for

12 public buildings under the control of the Administrator in the District

13 of Columbia (except the customhouse), marine hospitals and quarantine

14 stations, and mints and branch mints.

15 (2) FURNITURE AND REPAIRS OF FURNITURE.—The appropriations

16 for furniture and repairs of furniture are not available for marine hos17 pitals and quarantine stations and mints and branch mints.

18 § 3172. Contract authority when appropriation is for less

19 than full amount

20 Unless specifically directed otherwise, the Administrator of General Serv21 ices may make a contract within the full limit of the cost fixed by Congress

22 for the acquisition of land for sites, or for the enlargement of sites, for pub23 lic buildings, or for the erection, remodeling, extension, alteration, and re24 pairs of public buildings, even though an appropriation is made for only

25 part of the amount necessary to carry out legislation authorizing that pur26 pose.

27 § 3173. Extension of state workers’ compensation laws to

28 buildings, works, and property of the Federal Gov29 ernment

30 (a) AUTHORIZATION OF EXTENSION.—The state authority charged with

31 enforcing and requiring compliance with the state workers’ compensation

32 laws and with the orders, decisions, and awards of the authority may apply

33 the laws to all land and premises in the State which the Federal Govern34 ment owns or holds by deed or act of cession, and to all projects, buildings,

35 constructions, improvements, and property in the State and belonging to the

36 Government, in the same way and to the same extent as if the premises

37 were under the exclusive jurisdiction of the State in which the land, prem38 ises, projects, buildings, constructions, improvements, or property are lo39 cated.

40 (b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government

41 under this section does not relinquish its jurisdiction for any other purpose.
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1 (c) NONAPPLICATION.—This section does not modify or amend sub2 chapter I of chapter 81 of title 5.

3 § 3174. Working capital fund for blueprinting, photostating,

4 and duplicating services in General Services Ad5 ministration

6 (a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for

7 the payment of salaries and other expenses necessary to the operation of

8 a central blue-printing, photostating, and duplicating service.

9 (b) COMPONENTS.—The fund consists of—

10 (1) $50,000 without fiscal year limitation; and

11 (2) reimbursements from available amounts of constituents of the

12 Administrator of General Services, or of any other federal agency for

13 which services are performed, at rates to be determined by the Admin14 istrator on the basis of estimated or actual charges for personal serv15 ices, material, equipment (including maintenance, repair, and deprecia16 tion on existing and new equipment) and other expenses, to ensure con17 tinuous operation.

18 (c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of

19 each fiscal year any excess amount resulting from operation of the service,

20 after adequately providing for the replacement of mechanical and other

21 equipment and for accrued annual leave of employees engaged in this work

22 by the establishment of reserves for those purposes, shall be deposited in

23 the Treasury as miscellaneous receipts.

24 § 3175. Operation of public utility communications services

25 serving governmental activities

26 The Administrator of General Services may provide and operate public

27 utility communications services serving any governmental activity when the

28 services are economical and in the interest of the Federal Government. This

29 section does not apply to communications systems for handling messages of

30 a confidential or secret nature, the operation of cryptographic equipment or

31 transmission of secret, security, or coded messages, or buildings operated

32 or occupied by the United States Postal Service, except on request of the

33 department or agency concerned.

34 § 3176. Transfer of administrative expenses into special ac35 count

36 In carrying out construction projects or planning programs assigned to

37 the Administrator of General Services for which amounts are provided by

38 direct appropriation or transferred under authority contained in chapter 33

39 of this title, an amount administratively determined as necessary to pay sal40 aries and expenses of personnel engaged in the preparation of plans and

41 specifications, field supervision, and general office expense may be trans-
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1 ferred and consolidated into a special account for direct expenditure in car2 rying out the work. The expenditures subsequently are to be allocated and

3 reported on by projects in accordance with procedures prescribed by the

4 Comptroller General.

5 § 3177. Acceptance of gifts of property

6 The Administrator of General Services, and the United States Postal

7 Service where that office is concerned, may accept on behalf of the Federal

8 Government unconditional gifts of property in aid of any project or function

9 within their respective jurisdictions.

10 § 3178. Administrator of General Services to furnish serv11 ices in continental United States to international

12 bodies

13 Sections 1535 and 1536 of title 31 are extended so that the Adminis14 trator of General Services, at the request of the Secretary of State, may

15 furnish services in the continental United States, on the basis of full reim16 bursement, to any international body with which the Federal Government

17 is affiliated.

18 CHAPTER 33—ACQUISITION, CONSTRUCTION, AND

19 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.

20 § 3301. Definitions and nonapplication

21 (a) DEFINITIONS.—In this chapter—

22 (1) ALTER.—The term ‘‘alter’’ includes—

23 (A) preliminary planning, engineering, architectural, legal, fis24 cal, and economic investigations and studies, surveys, designs,

25 plans, working drawings, specifications, procedures, and other

26 similar actions necessary for the alteration of a public building;

27 and

28 (B) repairing, remodeling, improving, or extending, or other

29 changes in, a public building.
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1 (2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan2 ning, engineering, architectural, legal, fiscal, and economic investiga3 tions and studies, surveys, designs, plans, working drawings, specifica4 tions, procedures, and other similar actions necessary for the construc5 tion of a public building.

6 (3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an ex7 ecutive department or independent establishment in the executive

8 branch of the Federal Government, including—

9 (A) any wholly owned Government corporation;

10 (B) the Central-Bank for Cooperatives and the regional banks

11 for cooperatives;

12 (C) federal land banks;

13 (D) federal intermediate credit banks;

14 (E) the Federal Deposit Insurance Corporation; and

15 (F) the Government National Mortgage Association.

16 (4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu17 tive agency or an establishment in the legislative or judicial branch of

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

19 the Architect of the Capitol and any activities under the direction of

20 the Architect).

21 (5) PUBLIC BUILDING.—The term ‘‘public building’’—

22 (A) means a building, whether for single or multitenant occu23 pancy, and its grounds, approaches, and appurtenances, which is

24 generally suitable for use as office or storage space or both by a

25 federal agency or mixed-ownership Government corporation;

26 (B) includes—

27 (i) federal office buildings;

28 (ii) post offices;

29 (iii) customhouses;

30 (iv) courthouses;

31 (v) appraisers stores;

32 (vi) border inspection facilities;

33 (vii) warehouses;

34 (viii) record centers;

35 (ix) relocation facilities;

36 (x) telecommuting centers;

37 (xi) similar federal facilities; and

38 (xii) any other buildings or construction projects the inclu39 sion of which the President considers to be justified in the

40 public interest; but
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1 (C) does not include a building or construction project described

2 in subparagraphs (A) and (B)—

3 (i) that is on the public domain (including that reserved for

4 national forests and other purposes);

5 (ii) that is on property of the Government in foreign coun6 tries;

7 (iii) that is on Indian and native Eskimo property held in

8 trust by the Government;

9 (iv) that is on land used in connection with federal pro10 grams for agricultural, recreational, and conservation pur11 poses, including research in connection with the programs;

12 (v) that is on or used in connection with river, harbor,

13 flood control, reclamation or power projects, for chemical

14 manufacturing or development projects, or for nuclear pro15 duction, research, or development projects;

16 (vi) that is on or used in connection with housing and resi17 dential projects;

18 (vii) that is on military installations (including any fort,

19 camp, post, naval training station, airfield, proving ground,

20 military supply depot, military school, or any similar facility

21 of the Department of Defense);

22 (viii) that is on installations of the Department of Veterans

23 Affairs used for hospital or domiciliary purposes; or

24 (ix) the exclusion of which the President considers to be

25 justified in the public interest.

26 (6) UNITED STATES.—The term ‘‘United States’’ includes the States

27 of the United States, the District of Columbia, Puerto Rico, and the

28 territories and possessions of the United States.

29 (b) NONAPPLICATION.—This chapter does not apply to the construction

30 of any public building to which section 241(g) of the Immigration and Na31 tionality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930

32 (19 U.S.C. 68) applies.

33 § 3302. Prohibition on construction of buildings except by

34 Administrator of General Services

35 Only the Administrator of General Services may construct a public build36 ing. The Administrator shall construct a public building in accordance with

37 this chapter.

38 § 3303. Continuing investigation and survey of public build39 ings

40 (a) CONDUCTED BY ADMINISTRATOR.—The Administrator of General

41 Services shall—
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1 (1) make a continuing investigation and survey of the public build2 ings needs of the Federal Government so that the Administrator may

3 carry out the duties of the Administrator under this chapter; and

4 (2) submit to Congress prospectuses of proposed projects in accord5 ance with section 3307(a) and (b) of this title.

6 (b) COOPERATION WITH FEDERAL AGENCIES.—

7 (1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the

8 Administrator under this chapter, the Administrator—

9 (A) shall cooperate with all federal agencies in order to keep in10 formed of their needs;

11 (B) shall advise each federal agency of the program with respect

12 to the agency; and

13 (C) may request the cooperation and assistance of each federal

14 agency in carrying out duties under this chapter.

15 (2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall co16 operate with, advise, and assist the Administrator in carrying out the

17 duties of the Administrator under this chapter as determined necessary

18 by the Administrator to carry out the purposes of this chapter.

19 (c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR20 ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis21 trator undertakes a survey of the public buildings needs of the Government

22 within a geographical area, the Administrator shall request that, within 60

23 days, the Advisory Council on Historic Preservation established by title II

24 of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify

25 any existing buildings in the geographical area that—

26 (1) are of historical, architectural, or cultural significance (as defined

27 in section 3306(a) of this title); and

28 (2) whether or not in need of repair, alteration, or addition, would

29 be suitable for acquisition to meet the public buildings needs of the

30 Government.

31 (d) STANDARD FOR CONSTRUCTION AND ACQUISITION OF PUBLIC

32 BUILDINGS.—In carrying out the duties of the Administrator under this

33 chapter, the Administrator shall provide for the construction and acquisition

34 of public buildings equitably throughout the United States with due regard

35 to the comparative urgency of the need for each particular building. In de36 veloping plans for new buildings, the Administrator shall give due consider37 ation to excellence of architecture and design.

38 § 3304. Acquisition of buildings and sites

39 (a) IN GENERAL.—The Administrator of General Services may acquire

40 any building and its site which the Administrator decides is necessary to

41 carry out the duties of the Administrator under this chapter.
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1 (b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—

2 The Administrator may acquire land or an interest in land the Adminis3 trator considers necessary for use as sites, or additions to sites, for public

4 buildings authorized to be constructed or altered under this chapter.

5 (c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any

6 part of a public building is to be used for post office purposes, the Adminis7 trator shall act jointly with the United States Postal Service in selecting the

8 town or city where the building is to be constructed, and in selecting the

9 site in the town or city for the building.

10 (d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE

11 OF REAL PROPERTY.—When the Administrator is to acquire a site under

12 subsection (b), the Administrator, if the Administrator considers it nec13 essary, by public advertisement may solicit proposals for the sale, donation,

14 or exchange of real property to the Federal Government to be used as the

15 site. In selecting a site under subsection (b) the Administrator (with the

16 concurrence of the United States Postal Service if any part of the public

17 building to be constructed on the site is to be used for post office purposes)

18 may—

19 (1) select the site that the Administrator believes is the most advan20 tageous to the Government, all factors considered; and

21 (2) acquire the site without regard to title III of the Federal Prop22 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

23 § 3305. Construction and alteration of buildings

24 (a) CONSTRUCTION.—

25 (1) REPLACEMENT OF EXISTING BUILDINGS.—When the Adminis26 trator of General Services considers it to be in the best interest of the

27 Federal Government to construct a new public building to take the

28 place of an existing public building, the Administrator may demolish

29 the existing building and use the site on which it is located for the site

30 of the proposed public building. If the Administrator believes that it

31 is more advantageous to construct the public building on a different

32 site in the same city, the Administrator may exchange the building and

33 site, or the site, for another site, or may sell the building and site in

34 accordance with subtitle I of this title and title III of the Federal Prop35 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

36 (2) SALE OR EXCHANGE OF SITES.—When the Administrator decides

37 that a site acquired for the construction of a public building is not suit38 able for that purpose, the Administrator may exchange the site for an39 other site, or may sell it in accordance with subtitle I of this title and

40 title III of the Federal Property and Administrative Services Act of

41 1949 (41 U.S.C. 251 et seq.).
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1 (3) COMMITTEE APPROVAL REQUIRED.—This subsection does not

2 permit the Administrator to use any land as a site for a public building

3 if the project has not been approved in accordance with section 3307

4 of this title.

5 (b) ALTERATION OF BUILDINGS.—

6 (1) AUTHORITY TO ALTER BUILDING AND ACQUIRE LAND.—The Ad7 ministrator may—

8 (A) alter any public building; and

9 (B) acquire in accordance with section 3304(b)–(d) of this title

10 land necessary to carry out the alteration.

11 (2) COMMITTEE APPROVAL NOT REQUIRED.—

12 (A) THRESHOLD AMOUNT.—Approval under section 3307 of

13 this title is not required for any alteration and acquisition author14 ized by this subsection for which the estimated maximum cost does

15 not exceed $1,500,000.

16 (B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu17 ally may adjust the dollar amount referred to in subparagraph (A)

18 to reflect a percentage increase or decrease in construction costs

19 during the prior calendar year, as determined by the composite

20 index of construction costs of the Department of Commerce. Any

21 adjustment shall be expeditiously reported to the Committee on

22 Environment and Public Works of the Senate and the Committee

23 on Transportation and Infrastructure of the House of Representa24 tives.

25 (c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator

26 may carry out any construction or alteration authorized by this chapter by

27 contract if the Administrator considers it to be most advantageous to the

28 Government.

29 § 3306. Accommodating federal agencies

30 (a) DEFINITIONS.—In this section—

31 (1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in32 cludes the operations of restaurants, food stores, craft stores, dry goods

33 stores, financial institutions, and display facilities.

34 (2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes

35 film, dramatic, dance, and musical presentations, and fine art exhibits,

36 whether or not those activities are intended to make a profit.

37 (3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’

38 includes the operations of libraries, schools, day care centers, labora39 tories, and lecture and demonstration facilities.

40 (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—

41 The term ‘‘historical, architectural, or cultural significance’’ includes
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1 buildings listed or eligible to be listed on the National Register estab2 lished under section 101 of the National Historic Preservation Act (16

3 U.S.C. 470a).

4 (5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’

5 includes the operations of gymnasiums and related facilities.

6 (6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

7 general local government’’ means a city, county, town, parish, village,

8 or other general-purpose political subdivision of a State.

9 (b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Admin10 istrator of General Services under sections 581(h), 584(b), 3303(c), and

11 3307(b)(3) and (5) of this title and under any other authority with respect

12 to constructing, operating, maintaining, altering, and otherwise managing or

13 acquiring space necessary to accommodate federal agencies and to accom14 plish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and

15 (5), the Administrator shall—

16 (1) acquire and utilize space in suitable buildings of historical, archi17 tectural, or cultural significance, unless use of the space would not

18 prove feasible and prudent compared with available alternatives;

19 (2) encourage the location of commercial, cultural, educational, and

20 recreational facilities and activities in public buildings;

21 (3) provide and maintain space, facilities, and activities, to the extent

22 practicable, that encourage public access to, and stimulate public pe23 destrian traffic around, into, and through, public buildings, permitting

24 cooperative improvements to and uses of the area between the building

25 and the street, so that the activities complement and supplement com26 mercial, cultural, educational, and recreational resources in the neigh27 borhood of public buildings; and

28 (4) encourage the public use of public buildings for cultural, edu29 cational, and recreational activities.

30 (c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out

31 the duties under subsection (b), the Administrator shall—

32 (1) consult with chief executive officers of the States, areawide agen33 cies established pursuant to title II of the Demonstration Cities and

34 Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and

35 section 6506 of title 31, and chief executive officers of those units of

36 general local government in each area served by an existing or proposed

37 public building; and

38 (2) solicit the comments of other community leaders and members

39 of the general public as the Administrator considers appropriate.
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1 § 3307. Congressional approval of proposed projects

2 (a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE

3 MADE.—The following appropriations may be made only if the Committee

4 on Environment and Public Works of the Senate and the Committee on

5 Transportation and Infrastructure of the House of Representatives adopt

6 resolutions approving the purpose for which the appropriation is made:

7 (1) An appropriation to construct, alter, or acquire any building to

8 be used as a public building which involves a total expenditure in excess

9 of $1,500,000, so that the equitable distribution of public buildings

10 throughout the United States with due regard for the comparative ur11 gency of need for the buildings, except as provided in section 3305(b)

12 [603] of this title, is ensured.

13 (2) An appropriation to lease any space at an average annual rental

14 in excess of $1,500,000 for use for public purposes.

15 (3) An appropriation to alter any building, or part of the building,

16 which is under lease by the Federal Government for use for a public

17 purpose if the cost of the alteration will exceed $750,000.

18 (b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED

19 PROJECT.—To secure consideration for the approval referred to in sub20 section (a), the Administrator of General Services shall transmit to Con21 gress a prospectus of the proposed facility, including—

22 (1) a brief description of the building to be constructed, altered, or

23 acquired, or the space to be leased, under this chapter;

24 (2) the location of the building or space to be leased and an estimate

25 of the maximum cost to the Government of the facility to be con26 structed, altered, or acquired, or the space to be leased;

27 (3) a comprehensive plan for providing space for all Government offi28 cers and employees in the locality of the proposed facility or the space

29 to be leased, having due regard for suitable space which may continue

30 to be available in existing Government-owned or occupied buildings, es31 pecially those buildings that enhance the architectural, historical, so32 cial, cultural, and economic environment of the locality;

33 (4) with respect to any project for the construction, alteration, or ac34 quisition of any building, a statement by the Administrator that suit35 able space owned by the Government is not available and that suitable

36 rental space is not available at a price commensurate with that to be

37 afforded through the proposed action;

38 (5) a statement by the Administrator of the economic and other jus39 tifications for not acquiring a building identified to the Administrator

40 under section 3303(c) of this title as suitable for the public building

41 needs of the Government; and
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1 (6) a statement of rents and other housing costs currently being paid

2 by the Government for federal agencies to be housed in the building

3 to be constructed, altered, or acquired, or the space to be leased.

4 (c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum

5 cost of any project approved under this section as set forth in any pro6 spectus may be increased by an amount equal to any percentage increase,

7 as determined by the Administrator, in construction or alteration costs from

8 the date the prospectus is transmitted to Congress. The increase authorized

9 by this subsection may not exceed 10 percent of the estimated maximum

10 cost.

11 (d) RESCISSION OF APPROVAL.— If an appropriation is not made within

12 one year after the date a project for construction, alteration, or acquisition

13 is approved under subsection (a), the Committee on Environment and Pub14 lic Works of the Senate or the Committee on Transportation and Infrastruc15 ture of the House of Representatives by resolution may rescind its approval

16 before an appropriation is made.

17 (e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does

18 not prevent the Administrator from entering into emergency leases during

19 any period declared by the President to require emergency leasing authority.

20 An emergency lease may not be for more than 180 days without approval

21 of a prospectus for the lease in accordance with subsection (a).

22 (f) LIMITATION ON LEASING CERTAIN SPACE.—

23 (1) IN GENERAL.—The Administrator may not lease space to accom24 modate any of the following if the average rental cost of leasing the

25 space will exceed $1,500,000:

26 (A) Computer and telecommunications operations.

27 (B) Secure or sensitive activities related to the national defense

28 or security, except when it would be inappropriate to locate those

29 activities in a public building or other facility identified with the

30 Government.

31 (C) A permanent courtroom, judicial chamber, or administrative

32 office for any United States court.

33 (2) EXCEPTION.—The Administrator may lease space with respect to

34 which paragraph (1) applies if the Administrator—

35 (A) decides, for reasons set forth in writing, that leasing the

36 space is necessary to meet requirements which cannot be met in

37 public buildings; and

38 (B) submits the reasons to the Committee on Environment and

39 Public Works of the Senate and the Committee on Transportation

40 and Infrastructure of the House of Representatives.
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1 (g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may

2 adjust any dollar amount referred to in this section to reflect a percentage

3 increase or decrease in construction costs during the prior calendar year,

4 as determined by the composite index of construction costs of the Depart5 ment of Commerce. Any adjustment shall be expeditiously reported to the

6 Committee on Environment and Public Works of the Senate and the Com7 mittee on Transportation and Infrastructure of the House of Representa8 tives.

9 § 3308. Architectural or engineering services

10 (a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen11 eral Services decides it to be necessary, the Administrator may employ,

12 without regard to chapters 33 and 51 and subchapter III of chapter 53 of

13 title 5, civil service rules and regulations, or section 3709 of the Revised

14 Statutes (41 U.S.C. 5), the services of established architectural or engineer15 ing corporations, firms, or individuals, to the extent the Administrator may

16 require those services for any public building authorized to be constructed

17 or altered under this chapter.

18 (b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corpora19 tion, firm, or individual shall not be employed under authority of subsection

20 (a) on a permanent basis.

21 (c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any other

22 provision of this section, the Administrator is responsible for all construc23 tion authorized by this chapter, including the interpretation of construction

24 contracts, approval of material and workmanship supplied under a construc25 tion contract, approval of changes in the construction contract, certification

26 of vouchers for payments due the contractor, and final settlement of the

27 contract.

28 § 3309. Buildings and sites in the District of Columbia

29 (a) IN GENERAL.—The purposes of this chapter shall be carried out in

30 the District of Columbia as nearly as may be practicable in harmony with

31 the plan of Peter Charles L’Enfant. Public buildings shall be constructed

32 or altered to combine architectural beauty with practical utility.

33 (b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of

34 General Services decides that constructing or altering a public building

35 under this chapter in the District of Columbia requires using contiguous

36 squares as a site for the building, parts of streets that lie between the

37 squares, and alleys that intersect the squares, may be closed and vacated

38 if agreed to by the Administrator, the Council of the District of Columbia,

39 and the National Capital Planning Commission. Those streets and alleys be40 come part of the site.

41 (c) CONSULTATIONS PRIOR TO ACQUISITIONS.—
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1 (1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis2 trator must consult with the House Office Building Commission cre3 ated by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before

4 the Administrator may acquire land located south of Independence Ave5 nue, between Third Street SW and Eleventh Street SE, in the District

6 of Columbia, for use as a site or an addition to a site.

7 (2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult

8 with the Architect of the Capitol before the Administrator may acquire

9 land located in the area extending from the United States Capitol

10 Grounds to Eleventh Street NE and SE and bounded by Independence

11 Avenue on the south and G Street NE on the north, in the District

12 of Columbia, for use as a site or an addition to a site.

13 (d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District

14 of Columbia Stadium Act of 1957 [D.C. Code, § 2–321 et seq.] or any other

15 provision of law, the Armory Board may make contracts to conduct events

16 in Robert F. Kennedy Stadium.

17 § 3310. Special rules for leased buildings

18 For any building to be constructed for lease to, and for predominant use

19 by, the Federal Government, the Administrator of General Services—

20 (1) notwithstanding section 585(a)(1) of this title, shall not make

21 any agreement or undertake any commitment which will result in the

22 construction of the building until the Administrator has established de23 tailed specification requirements for the building;

24 (2) may acquire a leasehold interest in the building only by the use

25 of competitive procedures required by section 303 of the Federal Prop26 erty and Administrative Services Act of 1949 (41 U.S.C. 253);

27 (3) shall inspect every building during construction to establish that

28 the specifications established for the building are complied with;

29 (4) on completion of the building, shall evaluate the building to de30 termine the extent of failure to comply with the specifications referred

31 to in clause (1); and

32 (5) shall ensure that any contract entered into for the building shall

33 contain provisions permitting a reduction of rent during any period

34 when the building is not in compliance with the specifications.

35 § 3311. State administration of criminal and health and safe36 ty laws

37 When the Administrator of General Services considers it desirable, the

38 Administrator may assign to a State or a territory or possession of the

39 United States any part of the authority of the Federal Government to ad40 minister criminal laws and health and safety laws with respect to land or

41 an interest in land under the control of the Administrator and located in
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1 the State, territory, or possession. Assignment of authority under this sec2 tion may be accomplished by filing with the chief executive officer of the

3 State, territory, or possession a notice of assignment to take effect on ac4 ceptance, or in another manner as may be prescribed by the laws of the

5 State, territory, or possession in which the land or interest is located.

6 § 3312. Compliance with nationally recognized codes

7 (a) APPLICATION.—

8 (1) IN GENERAL.—This section applies to any project for construc9 tion or alteration of a building for which amounts are first appro10 priated for a fiscal year beginning after September 30, 1989.

11 (2) NATIONAL SECURITY WAIVER.—This section does not apply to a

12 building for which the Administrator of General Services or the head

13 of the federal agency authorized to construct or alter the building de14 cides that the application of this section to the building would adversely

15 affect national security. A decision under this subsection is not subject

16 to administrative or judicial review.

17 (b) BUILDING CODES.—Each building constructed or altered by the Gen18 eral Services Administration or any other federal agency shall be con19 structed or altered, to the maximum extent feasible as determined by the

20 Administrator or the head of the federal agency, in compliance with one of

21 the nationally recognized model building codes and with other applicable na22 tionally recognized codes, including electrical codes, fire and life safety

23 codes, and plumbing codes, as the Administrator decides is appropriate. In

24 carrying out this subsection, the Administrator or the head of the federal

25 agency shall use the latest edition of the nationally recognized codes.

26 (c) ZONING LAWS.—Each building constructed or altered by the Adminis27 tration or any other federal agency shall be constructed or altered only after

28 consideration of all requirements (except procedural requirements) of the

29 following laws of a State or a political subdivision of a State, which would

30 apply to the building if it were not a building constructed or altered by a

31 federal agency:

32 (1) Zoning laws.

33 (2) Laws relating to landscaping, open space, minimum distance of

34 a building from the property line, maximum height of a building, his35 toric preservation, esthetic qualities of a building, and other similar

36 laws.

37 (d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—

38 (1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND

39 INSPECTIONS.—To meet the requirements of subsections (b) and (c),

40 the Administrator or the head of the federal agency authorized to con41 struct or alter the building—
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1 (A) in preparing plans for the building, shall consult with ap2 propriate officials of the State or political subdivision of a State,

3 or both, in which the building will be located;

4 (B) on request shall submit the plans in a timely manner to the

5 officials for review by the officials for a reasonable period of time

6 not exceeding 30 days; and

7 (C) shall permit inspection by the officials during construction

8 or alteration of the building, in accordance with the customary

9 schedule of inspections for construction or alteration of buildings

10 in the locality, if the officials provide to the Administrator or the

11 head of the federal agency—

12 (i) a copy of the schedule before construction of the build13 ing is begun; and

14 (ii) reasonable notice of their intention to conduct any in15 spection before conducting the inspection.

16 (2) LIMITATION ON RESPONSIBILITIES.—This section does not im17 pose an obligation on any State or political subdivision to take any ac18 tion under paragraph (1).

19 (e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate

20 officials of a State or political subdivision of a State may make rec21 ommendations to the Administrator or the head of the federal agency au22 thorized to construct or alter a building concerning measures necessary to

23 meet the requirements of subsections (b) and (c). The officials also may

24 make recommendations to the Administrator or the head of the federal

25 agency concerning measures which should be taken in the construction or

26 alteration of the building to take into account local conditions. The Adminis27 trator or the head of the agency shall give due consideration to the rec28 ommendations.

29 (f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against

30 the Federal Government and a fine or penalty may not be imposed against

31 the Government for failure to meet the requirements of subsection (b), (c),

32 or (d) or for failure to carry out any recommendation under subsection (e).

33 (g) LIMITATION ON LIABILITY.—The Government and its contractors

34 shall not be required to pay any amount for any action a State or a political

35 subdivision of a State takes to carry out this section, including reviewing

36 plans, carrying out on-site inspections, issuing building permits, and making

37 recommendations.

38 § 3313. Delegation

39 (a) WHEN ALLOWED.—Except for the authority contained in section

40 3305(b) of this title, the carrying out of the duties and powers of the Ad-
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1 ministrator of General Services under this chapter, in accordance with

2 standards the Administrator prescribes—

3 (1) shall be delegated on request to the appropriate executive agency

4 when the estimated cost of the project does not exceed $100,000; and

5 (2) may be delegated to the appropriate executive agency when the

6 Administrator determines that delegation will promote efficiency and

7 economy.

8 (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega9 tion under subsection (a) does not exempt the person to whom the delega10 tion is made, or the carrying out of the delegated duty or power, from any

11 other provision of this chapter.

12 § 3314. Report to Congress

13 (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—

14 Within a reasonable time after a request of either House of Congress or

15 any committee of Congress, the Administrator of General Services shall sub16 mit a report showing the location, space, cost, and status of each public

17 building the construction, alteration, or acquisition of which—

18 (1) is to be under authority of this chapter; and

19 (2) was uncompleted as of the date of the request, or as of another

20 date the request may designate.

21 (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR

22 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The Adminis23 trator and the United States Postal Service shall make building project sur24 veys requested by resolution by the Committee on Environment and Public

25 Works of the Senate or the Committee on Transportation and Infrastruc26 ture of the House of Representatives, and within a reasonable time shall

27 make a report on the survey to Congress. The report shall contain all other

28 information required to be included in a prospectus of the proposed public

29 building project under section 3307(b) of this title.

30 § 3315. Certain authority not affected

31 This chapter does not limit or repeal the authority conferred by law on

32 the United States Postal Service.

33 CHAPTER 35—EMERGENCY PUBLIC WORKS AND

34 CONSTRUCTION PROJECTS

Sec.

3501. Preservation of local jurisdiction and civil rights under local law.

3502. Payments to State or political subdivision in lieu of taxes.

3503. Payment and expenditures to be made from receipts from projects.

3504. Rental requirements.

3505. Dedications and easements in connection with projects.
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1 § 3501. Preservation of local jurisdiction and civil rights

2 under local law

3 Acquisition by the Federal Government of real property for a low-cost

4 housing or slum-clearance project constructed with funds allotted to the Ad5 ministrator of General Services pursuant to any law does not—

6 (1) deprive a State or political subdivision of a State of its civil and

7 criminal jurisdiction over that property; or

8 (2) impair the civil rights under local law of the tenants or inhab9 itants of that property.

10 § 3502. Payments to State or political subdivision in lieu of

11 taxes

12 On the request of a State or political subdivision of a State in which a

13 low-cost housing or slum-clearance project described in section 3501 of this

14 title has been or will be constructed, the Administrator of General Services

15 may enter into an agreement, and consent to the renewal or alteration of

16 the agreement, with that State or subdivision for the Federal Government

17 to pay an amount in lieu of taxes. That amount shall be fixed in the agree18 ment and shall be based on the cost of the public or municipal services to

19 be supplied to the project or the individuals residing in or occupying the

20 premises, after considering the benefits to be derived by the State or sub21 division from the project.

22 § 3503. Payment and expenditures to be made from receipts

23 from projects

24 A payment in lieu of taxes described in section 3502 of this title, and

25 any other expenditure for operation and maintenance (including insurance)

26 of a low-cost housing or slum-clearance project described in section 3501

27 of this title, shall be made out of the receipts derived from the operation

28 of the project. To provide for the payment or expenditure, the Administrator

29 of General Services may retain out of those receipts amounts the Adminis30 trator estimates are necessary for that purpose.

31 § 3504. Rental requirements

32 (a) DEFINITION.—In this section, the term ‘‘rental’’ includes the average

33 cost, determined by the Administrator of General Services, of heat, light,

34 water, and cooking, when those services are not supplied by the lessor and

35 included in the rent.

36 (b) SETTING RENTAL FEES.—In administering a low-cost housing or

37 slum-clearance project described in section 3501 of this title, the Adminis38 trator shall fix the rental at an amount at least sufficient to pay—

39 (1) all necessary and proper administrative expenses of the project;

40 or
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1 (2) amounts that will be sufficient to repay, within a period not ex2 ceeding 60 years, at least 55 percent of the initial cost of the project,

3 together with interest at a rate as the Administrator decides is advis4 able.

5 (c) ELIGIBILITY.—

6 (1) NEED-BASED REQUIREMENT.—Dwelling accommodations in a

7 low-cost housing or slum-clearance project described in section 3501 of

8 this title shall be available only to families who lack sufficient income,

9 without the benefit of financial assistance, to enable them to live in de10 cent, safe, and sanitary dwellings and under other than overcrowded

11 housing conditions.

12 (2) MAXIMUM INCOME LEVEL.—A family may not be accepted as a

13 tenant in a low-cost housing or slum-clearance project described in sec14 tion 3501 of this title if the aggregate income of the family exceeds

15 five times the rental of the quarters to be furnished the family.

16 § 3505. Dedications and easements in connection with

17 projects

18 In connection with any low-cost housing or slum-clearance project de19 scribed in section 3501 of this title and with the approval of the Housing

20 and Home Finance Administrator, the Administrator of General Services

21 may dedicate streets, alleys, and parks for public use and may grant ease22 ments.

23 CHAPTER 37—NON-FEDERAL PUBLIC WORKS

Sec.

3701. Definitions.

3702. Planned public works.

3703. Revolving fund.

3704. Surveys of public works planning.

3705. Forgiveness of outstanding advances.

24 § 3701. Definitions

25 In this chapter, the following definitions apply:

26 (1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or

27 a public agency or political subdivision of a State.

28 (2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public

29 works other than housing.

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

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

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

33 Marshall Islands, Palau, and any territory or possession of the United

34 States.
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1 § 3702. Planned public works

2 (a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section

3 3324(a) and (b) of title 31, the Secretary of Housing and Urban Develop4 ment may make advances to public agencies and Indian tribes—

5 (1) to encourage public agencies and Indian tribes to maintain at all

6 times a current and adequate reserve of planned public works the con7 struction of which can rapidly be commenced, particularly when the na8 tional or local economic situation makes that action desirable; and

9 (2) to help attain maximum economy and efficiency in the planning

10 and construction of public works.

11 (b) USES OF ADVANCES.—A public agency or Indian tribe shall use an

12 advance under subsection (a) to aid in financing the cost of feasibility stud13 ies, engineering and architectural surveys, designs, plans, working drawings,

14 specifications, or other action preliminary to and in preparation for the con15 struction of public works, and for construction in connection with the devel16 opment of a medical center, a general plan for the development of the cen17 ter.

18 (c) NO FUTURE COMMITMENT.—An advance under subsection (a) does

19 not commit the Congress to appropriate amounts to assist in financing the

20 construction of any public works planned with the aid of that advance. Out21 standing advances to public agencies and Indian tribes in a State shall not

22 exceed 12.5 percent of the aggregate then authorized to be appropriated to

23 the revolving fund established under section 3703 of this title.

24 (d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made

25 under subsection (a) for an individual project (including a regional, metro26 politan, or other areawide project) unless—

27 (1) the project is planned to be constructed within or over a reason28 able period of time considering the nature of the project;

29 (2) the project conforms to an overall state, local, or regional plan

30 approved by a competent state, local, or regional authority; and

31 (3) the public agency or Indian tribe formally contracts with the

32 Federal Government to complete the plan preparation promptly and to

33 repay part or all of the advance when due.

34 (e) REGULATIONS.—The Secretary may prescribe regulations to carry out

35 this chapter.

36 § 3703. Revolving fund

37 (a) ESTABLISHMENT.—There is a revolving fund established by the Sec38 retary of Housing and Urban Development to provide amounts for advances

39 under this chapter. The fund comprises amounts appropriated under this

40 chapter and all repayments and other receipts received in connection with

41 advances made under this chapter.
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1 (b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated

2 to the revolving fund as necessary to carry out the purposes of this chapter.

3 § 3704. Surveys of public works planning

4 The Secretary of Housing and Urban Development may use during a fis5 cal year not more than $100,000 of the amount in the revolving fund estab6 lished under section 3703 of this title to conduct surveys of the status and

7 current volume of state and local public works planning and surveys of esti8 mated requirements for state and local public works. In conducting a sur9 vey, the Secretary, may use or act through any department or agency of

10 the Federal Government, with the consent of the department or agency.

11 § 3705. Forgiveness of outstanding advances

12 In accordance with accounting and other procedures the Secretary of

13 Housing and Urban Development prescribes, each advance made by the Sec14 retary under this chapter that had any principal amount outstanding on

15 February 5, 1988, was forgiven. The terms and conditions of any contract,

16 or any amendment to a contract, for that advance with respect to any prom17 ise to repay the advance were canceled.

18 CHAPTER 39—CONTRACT WORK HOURS AND SAFETY

19 STANDARDS

Sec.

3901. Application.

3902. Work hours.

3903. Report of violations and withholding of amounts for unpaid wages and liquidated damages.

3904. Health and safety standards in building trades and construction industry.

3905. Safety programs.

3906. Limitations, variations, tolerances, and exemptions.

3907. Contractor certification or contract clause in acquisition of commercial items not required.

3908. Criminal penalties.

20 § 3901. Application

21 (a) CONTRACTS.—This chapter applies to—

22 (1) any contract that may require or involve the employment of la23 borers or mechanics on a public work of the Federal Government, a

24 territory of the United States, or the District of Columbia; and

25 (2) any other contract that may require or involve the employment

26 of laborers or mechanics if the contract is one—

27 (A) to which the Government, an agency or instrumentality of

28 the Government, a territory, or the District of Columbia is a

29 party;

30 (B) which is made for or on behalf of the Government, an agen31 cy or instrumentality, a territory, or the District of Columbia; or

32 (C) which is a contract for work financed at least in part by

33 loans or grants from, or loans insured or guaranteed by, the Gov-
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1 ernment or an agency or instrumentality under any federal law

2 providing wage standards for the work.

3 (b) LABORERS AND MECHANICS.—This chapter applies to all laborers

4 and mechanics employed by a contractor or subcontractor in the perform5 ance of any part of the work under the contract—

6 (1) including watchmen, guards, and workers performing services in

7 connection with dredging or rock excavation in any river or harbor of

8 the United States, a territory, or the District of Columbia; but

9 (2) not including an employee employed as a seaman.

10 (c) EXCEPTIONS.—

11 (1) THIS CHAPTER.—This chapter does not apply to—

12 (A) a contract for—

13 (i) transportation by land, air, or water;

14 (ii) the transmission of intelligence; or

15 (iii) the purchase of supplies or materials or articles ordi16 narily available in the open market;

17 (B) any work required to be done in accordance with the provi18 sions of the Walsh-Healey Act (41 U.S.C. 35 et seq.); and

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

20 (2) SECTION 3902.—Section 3902 of this title does not apply to work

21 where the assistance described in subsection (a)(2)(C) from the Gov22 ernment or an agency or instrumentality is only a loan guarantee or

23 insurance.

24 § 3902. Work hours

25 (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic

26 employed by any contractor or subcontractor in the performance of work on

27 a contract described in section 3901 of this title shall be computed on the

28 basis of a standard workweek of 40 hours. Work in excess of the standard

29 workweek is permitted subject to this section. For each workweek in which

30 the laborer or mechanic is so employed, wages include compensation, at a

31 rate not less than one and one-half times the basic rate of pay, for all hours

32 worked in excess of 40 hours in the workweek.

33 (b) CONTRACT REQUIREMENTS.—A contract described in section 3901 of

34 this title, and any obligation of the Federal Government, a territory of the

35 United States, or the District of Columbia in connection with that contract,

36 must provide that—

37 (1) a contractor or subcontractor contracting for any part of the con38 tract work which may require or involve the employment of laborers or

39 mechanics shall not require or permit any laborer or mechanic, in any

40 workweek in which the laborer or mechanic is employed on that work,
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1 to work more than 40 hours in that workweek, except as provided in

2 this chapter; and

3 (2) when a violation of clause (1) occurs, the contractor and any sub4 contractor responsible for the violation are liable—

5 (A) to the affected employee for the employee’s unpaid wages;

6 and

7 (B) to the Government, the District of Columbia, or a territory

8 for liquidated damages as provided in the contract.

9 (c) LIQUIDATED DAMAGES.—Liquidated damages under subsection

10 (b)(2)(B) shall be computed for each individual employed as a laborer or

11 mechanic in violation of this chapter and shall be equal to $10 for each cal12 endar day on which the individual was required or permitted to work in ex13 cess of the standard workweek without payment of the overtime wages re14 quired by this chapter.

15 (d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section

16 3903 of this title, the governmental agency for which the contract work is

17 done or which is providing financial assistance for the work may withhold,

18 or have withheld, from money payable because of work performed by a con19 tractor or subcontractor, amounts administratively determined to be nec20 essary to satisfy the liabilities of the contractor or subcontractor for unpaid

21 wages and liquidated damages as provided in this section.

22 § 3903. Report of violations and withholding of amounts for

23 unpaid wages and liquidated damages

24 (a) REPORTS OF INSPECTORS.—An officer or individual designated as an

25 inspector of the work to be performed under a contract described in section

26 3901 of this title, or to aid in the enforcement or fulfillment of the contract,

27 on observation or after investigation immediately shall report to the proper

28 officer of the Federal Government, a territory of the United States, or the

29 District of Columbia all violations of this chapter occurring in the perform30 ance of the work, together with the name of each laborer or mechanic who

31 was required or permitted to work in violation of this chapter and the day

32 the violation occurred.

33 (b) WITHHOLDING AMOUNTS.—

34 (1) DETERMINING AMOUNT.—The amount of unpaid wages and liq35 uidated damages owing under this chapter shall be determined adminis36 tratively.

37 (2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual

38 whose duty it is to approve the payment of money by the Government,

39 territory, or District of Columbia in connection with the performance

40 of the contract work shall direct the amount of—
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1 (A) liquidated damages to be withheld for the use and benefit

2 of the Government, territory, or District; and

3 (B) unpaid wages to be withheld for the use and benefit of the

4 laborers and mechanics who were not compensated as required

5 under this chapter.

6 (3) PAYMENT.—The Comptroller General shall pay the amount ad7 ministratively determined to be due directly to the laborers and me8 chanics from amounts withheld on account of underpayments of wages

9 if the amount withheld is adequate. If the amount withheld is not ade10 quate, the Comptroller General shall pay an equitable proportion of the

11 amount due.

12 (c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND

13 SURETIES.—If the accrued payments withheld under the terms of the con14 tract are insufficient to reimburse all the laborers and mechanics who have

15 not been paid the wages required under this chapter, the laborers and me16 chanics, in the case of a department or agency of the Government, have the

17 same right of action and intervention against the contractor and the con18 tractor’s sureties as is conferred by law on persons furnishing labor or ma19 terials. In those proceedings it is not a defense that the laborers and me20 chanics accepted or agreed to accept less than the required rate of wages

21 or voluntarily made refunds.

22 (d) REVIEW PROCESS.—

23 (1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount is

24 withheld as liquidated damages, any contractor or subcontractor ag25 grieved by the withholding may appeal to the head of the agency of

26 the Government or territory for which the contract work is done or

27 which is providing financial assistance for the work, or to the Mayor

28 of the District of Columbia in the case of liquidated damages withheld

29 for the use and benefit of the District.

30 (2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or

31 Mayor may review the administrative determination of liquidated dam32 ages. The agency head or Mayor may issue a final order affirming the

33 determination or may recommend to the Secretary of Labor that an ap34 propriate adjustment in liquidated damages be made, or that the con35 tractor or subcontractor be relieved of liability for the liquidated dam36 ages, if it is found that the amount is incorrect or that the contractor

37 or subcontractor violated this chapter inadvertently, notwithstanding

38 the exercise of due care by the contractor or subcontractor and the

39 agents of the contractor or subcontractor.

40 (3) REVIEW BY SECRETARY.—The Secretary shall review all perti41 nent facts in the matter and may conduct any investigation the Sec-
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1 retary considers necessary in order to affirm or reject the recommenda2 tion. The decision of the Secretary is final.

3 (4) JUDICIAL ACTION.—A contractor or subcontractor aggrieved by

4 a final order for the withholding of liquidated damages may file a claim

5 in the United States Court of Federal Claims within 60 days after the

6 final order. A final order of the agency head, Mayor, or Secretary is

7 conclusive with respect to findings of fact if supported by substantial

8 evidence.

9 (e) APPLICABILITY OF OTHER LAWS.—

10 (1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of

11 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.

12 (2) SECTION 3145.—Section 3145 of this title applies to contractors

13 and subcontractors referred to in section 3145 who are engaged in the

14 performance of contracts subject to this chapter.

15 § 3904. Health and safety standards in building trades and

16 construction industry

17 (a) CONDITION OF CONTRACTS.—

18 (1) IN GENERAL.—Each contract in an amount greater than

19 $100,000 that is entered into under legislation subject to Reorganiza20 tion Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)

21 and is for construction, alteration, and repair, including painting and

22 decorating, must provide that no contractor or subcontractor con23 tracting for any part of the contract work shall require any laborer or

24 mechanic employed in the performance of the contract to work in sur25 roundings or under working conditions that are unsanitary, hazardous,

26 or dangerous to health or safety, as established under construction

27 safety and health standards the Secretary of Labor prescribes by regu28 lation based on proceedings pursuant to section 553 of title 5, provided

29 that the proceedings include a hearing similar in nature to that author30 ized by section 553.

31 (2) CONSULTATION.—In formulating standards under this section,

32 the Secretary shall consult with the Advisory Committee created by

33 subsection (d) of this section.

34 (b) COMPLIANCE.—

35 (1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make in36 spections, hold hearings, issue orders, and make decisions based on

37 findings of fact as the Secretary considers necessary to gain compliance

38 with this section and any health and safety standard the Secretary pre39 scribes under subsection (a). For those purposes the Secretary and the

40 United States district courts have the authority and jurisdiction pro41 vided by sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).
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1 (2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary,

2 after an opportunity for an adjudicatory hearing by the Secretary, es3 tablishes noncompliance under this section of any condition of a con4 tract described in—

5 (A) section 3901(a)(2)(A) or (B) of this title, the governmental

6 agency for which the contract work is done may cancel the con7 tract and make other contracts for the completion of the contract

8 work, charging any additional cost to the original contractor; or

9 (B) section 3901(a)(2)(C) of this title, the governmental agency

10 which is providing the financial guarantee, assistance, or insurance

11 for the contract work may withhold the guarantee, assistance, or

12 insurance attributable to the performance of the contract.

13 (3) NONAPPLICABILITY.—Section 3903 of this title does not apply

14 to the enforcement of this section.

15 (c) REPEATED VIOLATIONS.—

16 (1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP17 TROLLER GENERAL.—When the Secretary, after an opportunity for an

18 agency hearing, decides on the record that, by repeated willful or gross19 ly negligent violations of this chapter, a contractor or subcontractor has

20 demonstrated that subsection (b) is not effective to protect the safety

21 and health of the employees of the contractor or subcontractor, the

22 Secretary shall make a finding to that effect and, not sooner than 30

23 days after giving notice of the finding to all interested persons, shall

24 transmit the name of the contractor or subcontractor to the Comp25 troller General.

26 (2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall

27 distribute each name transmitted under paragraph (1) to all agencies

28 of the Federal Government. Unless the Secretary otherwise rec29 ommends, the contractor, subcontractor, or any person in which the

30 contractor or subcontractor has a substantial interest may not be

31 awarded a contract subject to this section until three years have

32 elapsed from the date the name is transmitted to the Comptroller Gen33 eral. The Secretary shall terminate the ban if, before the end of the

34 three-year period, the Secretary, after affording interested persons due

35 notice and an opportunity for a hearing, is satisfied that a contractor

36 or subcontractor whose name was transmitted to the Comptroller Gen37 eral will comply responsibly with the requirements of this section. The

38 Comptroller General shall inform all Government agencies after being

39 informed of the Secretary’s action.

40 (3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action

41 under this subsection or subsection (b) may file with the appropriate
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1 United States court of appeals a petition for review of the Secretary’s

2 action within 60 days after receiving notice of the Secretary’s action.

3 The clerk of the court immediately shall send a copy of the petition

4 to the Secretary. The Secretary then shall file with the court the record

5 on which the action is based. The findings of fact by the Secretary,

6 if supported by substantial evidence, are final. The court may enter a

7 decree enforcing, modifying, modifying and enforcing, or setting aside

8 any part of, the order of the Secretary or the appropriate Government

9 agency. The judgment of the court may be reviewed by the Supreme

10 Court as provided in section 1254 of title 28.

11 (d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—

12 (1) ESTABLISHMENT.—There is an Advisory Committee on Con13 struction Safety and Health in the Department of Labor.

14 (2) COMPOSITION.—The Committee is composed of nine members

15 appointed by the Secretary, without regard to chapter 33 of title 5, as

16 follows:

17 (A) Three members shall be individuals representative of con18 tractors to whom this section applies.

19 (B) Three members shall be individuals representative of em20 ployees primarily in the building trades and construction industry

21 engaged in carrying out contracts to which this section applies.

22 (C) Three members shall be public representatives who shall be

23 selected on the basis of their professional and technical com24 petence and experience in the construction health and safety field.

25 (3) CHAIRMAN.—The Secretary shall appoint one member as Chair26 man.

27 (4) DUTIES.—The Committee shall advise the Secretary—

28 (A) in formulating construction safety and health standards and

29 other regulations; and

30 (B) on policy matters arising in carrying out this section.

31 (5) EXPERTS AND CONSULTANTS.—The Secretary may appoint spe32 cial advisory and technical experts or consultants as may be necessary

33 to carry out the functions of the Committee.

34 (6) COMPENSATION AND EXPENSES.—Committee members are enti35 tled to receive compensation at rates the Secretary fixes, but not more

36 than $100 a day, including traveltime, when performing Committee

37 business, and expenses under section 5703 of title 5.

38 § 3905. Safety programs

39 The Secretary of Labor shall—

40 (1) provide for the establishment and supervision of programs for the

41 education and training of employers and employees in the recognition,
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1 avoidance, and prevention of unsafe working conditions in employment

2 covered by this chapter; and

3 (2) collect reports and data and consult with and advise employers

4 as to the best means of preventing injuries.

5 § 3906. Limitations, variations, tolerances, and exemptions

6 The Secretary of Labor may provide reasonable limitations to, and may

7 prescribe regulations allowing reasonable variations to, tolerances from, and

8 exemptions from, this chapter that the Secretary may find necessary and

9 proper in the public interest to prevent injustice or undue hardship or to

10 avoid serious impairment of the conduct of Federal Government business.

11 § 3907. Contractor certification or contract clause in acqui12 sition of commercial items not required

13 A contract to acquire a commercial item (as defined in section 4 of the

14 Office of Federal Procurement Policy Act (41 U.S.C. 403)) does not require

15 certification by a contractor, or a contract clause, to implement a prohibi16 tion or requirement in this chapter.

17 § 3908. Criminal penalties

18 A contractor or subcontractor having a duty to employ, direct, or control

19 a laborer or mechanic employed in the performance of work contemplated

20 by a contract to which this chapter applies that intentionally violates this

21 chapter shall be fined under title 18, imprisoned for not more than six

22 months, or both.

23 PART B—UNITED STATES CAPITOL

24 CHAPTER 51—UNITED STATES CAPITOL BUILDINGS

25 AND GROUNDS

Sec.

5101. Definition.

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

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

5104. Unlawful activities.

5105. Assistance to authorities by Capitol employees.

5106. Suspension of prohibitions.

5107. Concerts on grounds.

5108. Audit of private organizations.

5109. Penalties.

26 § 5101. Definition

27 In this chapter, the term ‘‘Capitol Buildings’’ means the United States

28 Capitol, the Senate and House Office Buildings and garages, the Capitol

29 Power Plant, all subways and enclosed passages connecting two or more of

30 those structures, and the real property underlying and enclosed by any of

31 those structures.
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1 § 5102. Legal description and jurisdiction of United States

2 Capitol Grounds

3 (a) LEGAL DESCRIPTION.—The United States Capitol Grounds comprises

4 all squares, reservations, streets, roadways, walks, and other areas as de5 fined on a map entitled ‘‘Map showing areas comprising United States Cap6 itol Grounds’’, dated June 25, 1946, approved by the Architect of the Cap7 itol, and recorded in the Office of the Surveyor of the District of Columbia

8 in book 127, page 8, including all additions added by law after June 25,

9 1946.

10 (b) JUSRIDICTION.—

11 (1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control over

12 the Grounds, vested prior to July 31, 1946, by law in the Architect,

13 is extended to the entire area of the Grounds. Except as provided in

14 paragraph (2), the Architect is responsible for the maintenance and im15 provement of the Grounds, including those streets and roadways in the

16 Grounds as shown on the map referred to in subsection (a) as being

17 under the jurisdiction and control of the Commissioners of the District

18 of Columbia.

19 (2) MAYOR OF THE DISTRICT OF COLUMBIA.—

20 (A) IN GENERAL.—The Mayor of the District of Columbia is re21 sponsible for the maintenance and improvement of those portions

22 of the following streets which are situated between the curblines

23 of those streets: Constitution Avenue from Second Street North24 east to Third Street Northwest, First Street from D Street North25 east to D Street Southeast, D Street from First Street Southeast

26 to Washington Avenue Southwest, and First Street from the north

27 side of Louisiana Avenue to the intersection of C Street and

28 Washington Avenue Southwest, Pennsylvania Avenue Northwest

29 from First Street Northwest to Third Street Northwest, Maryland

30 Avenue Southwest from First Street Southwest to Third Street

31 Southwest, Second Street Northeast from F Street Northeast to

32 C Street Southeast; C Street Southeast from Second Street South33 east to First Street Southeast; that portion of Maryland Avenue

34 Northeast from Second Street Northeast to First Street North35 east; that portion of New Jersey Avenue Northwest from D Street

36 Northwest to Louisiana Avenue; that portion of Second Street

37 Southwest from the north curb of D Street to the south curb of

38 Virginia Avenue Southwest; that portion of Virginia Avenue

39 Southwest from the east curb of Second Street Southwest to the

40 west curb of Third Street Southwest; that portion of Third Street

41 Southwest from the south curb of Virginia Avenue Southwest to
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1 the north curb of D Street Southwest; that portion of D Street

2 Southwest from the west curb of Third Street Southwest to the

3 east curb of Second Street Southwest; that portion of Washington

4 Avenue Southwest, including sidewalks and traffic islands, from

5 the south curb of Independence Avenue Southwest to the west

6 curb of South Capitol Street.

7 (B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.—The

8 Mayor may enter any part of the Grounds to repair or maintain

9 or, subject to the approval of the Architect, construct or alter, any

10 utility service of the District of Columbia Government.

11 § 5103. Restrictions on public use of United States Capitol

12 Grounds

13 Public travel in, and occupancy of, the United States Capitol Grounds is

14 restricted to the roads, walks, and places prepared for that purpose.

15 § 5104. Unlawful activities

16 (a) DEFINITIONS.—In this section—

17 (1) ACT OF PHYSICAL VIOLENCE.—The term ‘‘act of physical vio18 lence’’ means any act involving—

19 (A) an assault or other infliction or threat of infliction of death

20 or bodily harm on an individual; or

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

22 (2) DANGEROUS WEAPON.—The term ‘‘dangerous weapon’’

23 includes—

24 (A) all articles enumerated in section 14(a) of the Act of July

25 8, 1932 (ch. 465, 47 Stat. 654); and

26 (B) a device designed to expel or hurl a projectile capable of

27 causing injury to individuals or property, a dagger, a dirk, a sti28 letto, and a knife having a blade over three inches in length.

29 (3) EXPLOSIVES.—The term ‘‘explosives’’ has the meaning given

30 that term in section 841(d) of title 18.

31 (4) FIREARM.—The term ‘‘firearm’’ has the meaning given that term

32 in section 921(3) of title 18.

33 (b) OBSTRUCTION OF ROADS.—A person may not occupy the roads in the

34 United States Capitol Grounds in a manner that obstructs or hinders their

35 proper use, or use the roads in the area of the Grounds, south of Constitu36 tion Avenue and B Street and north of Independence Avenue and B Street,

37 to convey goods or merchandise, except to or from the United States Capitol

38 on Federal Government service.

39 (c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.—A per40 son may not carry out any of the following activities in the Grounds:

41 (1) offer or expose any article for sale.
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1 (2) display a sign, placard, or other form of advertisement.

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

3 (d) INJURIES TO PROPERTY.—A person may not step or climb on, re4 move, or in any way injure any statue, seat, wall, fountain, or other erection

5 or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

6 (e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—

7 (1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

8 DEVICES.—An individual or group of individuals—

9 (A) except as authorized by regulations prescribed by the Cap10 itol Police Board—

11 (i) may not carry on or have readily accessible to any indi12 vidual on the Grounds or in any of the Capitol Buildings a

13 firearm, a dangerous weapon, explosives, or an incendiary de14 vice;

15 (ii) may not discharge a firearm or explosives, use a dan16 gerous weapon, or ignite an incendiary device, on the Grounds

17 or in any of the Capitol Buildings; or

18 (iii) may not transport on the Grounds or in any of the

19 Capitol Buildings explosives or an incendiary device; or

20 (B) may not knowingly, with force and violence, enter or remain

21 on the floor of either House of Congress.

22 (2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual or

23 group of individuals may not willfully and knowingly—

24 (A) enter or remain on the floor of either House of Congress

25 or in any cloakroom or lobby adjacent to that floor, in the Ray26 burn Room of the House of Representatives, or in the Marble

27 Room of the Senate, unless authorized to do so pursuant to rules

28 adopted, or an authorization given, by that House;

29 (B) enter or remain in the gallery of either House of Congress

30 in violation of rules governing admission to the gallery adopted by

31 that House or pursuant to an authorization given by that House;

32 (C) with the intent to disrupt the orderly conduct of official

33 business, enter or remain in a room in any of the Capitol Build34 ings set aside or designated for the use of either House of Con35 gress or a Member, committee, officer, or employee of Congress

36 or either House of Congress;

37 (D) utter loud, threatening, or abusive language, or engage in

38 disorderly or disruptive conduct, at any place in the Grounds or

39 in any of the Capitol Buildings with the intent to impede, disrupt,

40 or disturb the orderly conduct of a session of Congress or either

41 House of Congress, or the orderly conduct in that building of a
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1 hearing before, or any deliberations of, a committee of Congress

2 or either House of Congress;

3 (E) obstruct, or impede passage through or within, the Grounds

4 or any of the Capitol Buildings;

5 (F) engage in an act of physical violence in the Grounds or any

6 of the Capitol Buildings; or

7 (G) parade, demonstrate, or picket in any of the Capitol Build8 ings.

9 (3) EXEMPTION OF GOVERNMENT OFFICIALS.—This subsection does

10 not prohibit any act performed in the lawful discharge of official duties

11 by—

12 (1) a Member of Congress;

13 (2) an employee of a Member of Congress;

14 (3) an officer or employee of Congress or a committee of Con15 gress; or

16 (4) an officer or employee of either House of Congress or a

17 committee of that House.

18 (f) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.—Except as pro19 vided in section 5106 of this title, a person may not—

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

21 Grounds; or

22 (2) display in the Grounds a flag, banner, or device designed or

23 adapted to bring into public notice a party, organization, or movement.

24 § 5105. Assistance to authorities by Capitol employees

25 Each individual employed in the service of the Federal Government in the

26 United States Capitol or within the United States Capitol Grounds shall

27 prevent, as far as may be in the individual’s power, a violation of a provision

28 of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946

29 (2 U.S.C. 1805, 1831, 1836, 1837, or 1839) and shall aid the police in se30 curing the arrest and conviction of the individual violating the provision.

31 § 5106. Suspension of prohibitions

32 (a) AUTHORITY TO SUSPEND.—To allow the observance in the United

33 States Capitol Grounds of occasions of national interest becoming the cog34 nizance and entertainment of Congress, the President of the Senate and the

35 Speaker of the House of Representatives concurrently may suspend any of

36 the prohibitions contained in sections 5103 and 5104 of this title that would

37 prevent the use of the roads and walks within the Grounds by processions

38 or assemblages, and the use in the Grounds of suitable decorations, music,

39 addresses, and ceremonies, if responsible officers have been appointed and

40 the President and the Speaker determine that adequate arrangements have
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1 been made to maintain suitable order and decorum in the proceedings and

2 to guard the United States Capitol and its grounds from injury.

3 (b) POWER TO SUSPEND PROHIBITIONS IN ABSENCE OF PRESIDENT OR

4 SPEAKER.—If either the President or Speaker is absent from the District

5 of Columbia, the authority to suspend devolves on the other officer. If both

6 officers are absent, the authority devolves on the Capitol Police Board.

7 (c) AUTHORITY OF MAYOR TO PERMIT USE OF LOUISIANA AVENUE.—

8 Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol

9 Police Board may grant the Mayor of the District of Columbia authority

10 to permit the use of Louisiana Avenue for any of the purposes prohibited

11 by section 5104(f).

12 § 5107. Concerts on grounds

13 Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and 5109 of this title and

14 sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (2 U.S.C. 1805,

15 1831, 1836, and 1837) do not prohibit a band in the service of the Federal

16 Government from giving concerts in the United States Capitol Grounds at

17 times which will not interfere with Congress and as authorized by the Archi18 tect of the Capitol.

19 § 5108. Audit of private organizations

20 A private organization (except a political party or committee constituted

21 for the election of federal officials), whether or not organized for profit and

22 whether or not any of its income inures to the benefit of any person, that

23 performs services or conducts activities in the United States Capitol Build24 ings or Grounds is subject to a special audit of its accounts for each year

25 in which it performs those services or conducts those activities. The Comp26 troller General shall conduct the audit.

27 § 5109. Penalties

28 (a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

29 DEVICE OFFENSES.—An individual or group violating section 5104(e)(1) of

30 this title, or attempting to commit a violation, shall be fined under title 18,

31 imprisoned for not more than five years, or both.

32 (b) OTHER OFFENSES.—A person violating section 5103 or 5104(b), (c),

33 (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall

34 be fined under title 18, imprisoned for not more than six months, or both.

35 (c) PROCEDURE.—

36 (1) IN GENERAL.—An action for a violation of this chapter or section

37 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (2 U.S.C. 1805, 1831,

38 1836, 1837, or 1839), including an attempt or a conspiracy to commit

39 a violation, shall be brought by the Attorney General in the name of

40 the United States. This chapter and sections 9, 9A, 9B, 9C and 14

41 of the Act of July 31, 1946 (2 U.S.C. 1805, 1831, 1836, 1837, and
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1 1839) do not supersede any provision of federal law or the laws of the

2 District of Columbia. Where the conduct violating this chapter or sec3 tion 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (2 U.S.C. 1805,

4 1831, 1836, 1837, or 1839) also violates federal law or the laws of the

5 District of Columbia, both violations may be joined in a single action.

6 (2) VENUE.—An action under this section for a violation of—

7 (A) section 5104(e)(1) of this title or for conduct that con8 stitutes a felony under federal law or the laws of the District of

9 Columbia shall be brought in the United States District Court for

10 the District of Columbia; and

11 (B) any other section referred to in subsection (a) may be

12 brought in the Superior Court of the District of Columbia.

13 (3) AMOUNT OF PENALTY.— The penalty which may be imposed on

14 a person convicted in an action under this subsection is the highest

15 penalty authorized by any of the laws the defendant is convicted of vio16 lating.

17 PART C—FEDERAL BUILDING COMPLEXES

18 CHAPTER 61—UNITED STATES SUPREME COURT

19 BUILDING AND GROUNDS

SUBCHAPTER I—GENERAL

Sec.

6101. Definitions and application.

6102. Regulations.

SUBCHAPTER II—BUILDINGS AND GROUNDS

6111. Supreme Court Building.

6112. Supreme Court Building and grounds employees.

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

6114. Oliver Wendell Holmes Garden.

SUBCHAPTER III—POLICING AUTHORITY

6121. General.

6122. Designation of members of the Supreme Court Police.

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

SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

6131. Public travel in Supreme Court grounds.

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

6133. Property in the Supreme Court Building and grounds.

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

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

grounds.

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

6137. Penalties.

20 SUBCHAPTER I—GENERAL

21 § 6101. Definitions and application

22 (a) DEFINITIONS.—In this chapter, the following definitions apply:

23 (1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘official

24 guest of the Supreme Court’’ means an individual who is a guest of
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1 the Supreme Court, as determined by the Chief Justice of the United

2 States or any Associate Justice of the Supreme Court;

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

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

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

6 Marshall Islands, Palau, and any territory or possession of the United

7 States; and

8 (b) APPLICATION.—For purposes of section 6102 of this title and sub9 chapters III and IV, the Supreme Court grounds—

10 (1) extend to the line of the face of—

11 (A) the east curb of First Street Northeast, between Maryland

12 Avenue Northeast and East Capitol Street;

13 (B) the south curb of Maryland Avenue Northeast, between

14 First Street Northeast and Second Street Northeast;

15 (C) the west curb of Second Street Northeast, between Mary16 land Avenue Northeast and East Capitol Street; and

17 (D) the north curb of East Capitol Street between First Street

18 Northeast and Second Street Northeast; and

19 (2) comprise any property under the custody and control of the Su20 preme Court as part of the Supreme Court grounds, including property

21 acquired as provided by law on behalf of the Federal Government in

22 lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia

23 as an addition to the grounds of the Supreme Court Building.

24 § 6102. Regulations

25 (a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and

26 requirements specified in subchapter IV, the Marshal of the Supreme Court

27 may prescribe regulations, approved by the Chief Justice of the United

28 States, that are necessary for—

29 (1) the adequate protection of the Supreme Court Building and

30 grounds and of individuals and property in the Building and grounds;

31 and

32 (2) the maintenance of suitable order and decorum within the Build33 ing and grounds.

34 (b) POSTING REQUIREMENT.—All regulations prescribed under this sec35 tion shall be posted in a public place at the Building and shall be made

36 reasonably available to the public in writing.

37 SUBCHAPTER II—BUILDINGS AND GROUNDS

38 § 6111. Supreme Court Building

39 (a) IN GENERAL.—
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1 (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the

2 Capitol shall have charge of the structural and mechanical care of the

3 Supreme Court Building, including—

4 (A) the care and maintenance of the grounds; and

5 (B) the supplying of all mechanical furnishings and mechanical

6 equipment for the Building.

7 (2) OPERATION AND MAINTENANCE.—The Architect shall direct the

8 operation and maintenance of the mechanical equipment and repair of

9 the building.

10 (3) CONTRACT AUTHORITY.—The Architect may enter into all nec11 essary contracts to carry out this subsection.

12 (b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated under—

13 (1) subsection (a) and sections 6112 and 6113 of this title are avail14 able for—

15 (A) expenses of heating and air-conditioning refrigeration sup16 plied by the Capitol Power Plant, advancements for which shall be

17 made and deposited in the Treasury to the credit of appropriations

18 provided for the Capitol Power Plant; and

19 (B) the purchase of electrical energy; and

20 (2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’ and

21 ‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—

22 (A) improvements, maintenance, repairs, equipment, supplies,

23 materials, and appurtenances;

24 (B) special clothing for workers;

25 (C) personal and other services (including temporary labor with26 out regard to chapter 51, subchapter III of chapter 53, and sub27 chapter III of chapter 83, of title 5; and

28 (D) without compliance with section 3709 of the Revised Stat29 utes (41 U.S.C. 5)—

30 (i) for snow removal (by hire of personnel and equipment

31 or under contract); and

32 (ii) for the replacement of electrical transformers con33 taining polychlorinated biphenyls.

34 § 6112. Supreme Court Building and grounds employees

35 Employees required to carry out section 6111(a) of this title shall be—

36 (1) appointed by the Architect of the Capitol with the approval of

37 the Chief Justice of the United States;

38 (2) compensated in accordance with chapter 51 and subchapter III

39 of chapter 53 of title 5; and

40 (3) subject to subchapter III of chapter 83 of title 5.
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1 § 6113. Duties of the Superintendent of the Supreme Court

2 Building

3 Except as provided in section 6111(a) of this title, all duties and work

4 required for the operation, domestic care, and custody of the Supreme Court

5 Building shall be performed under the direction of the Marshal of the Su6 preme Court. The Marshal serves as the superintendent of the Building.

7 § 6114. Oliver Wendell Holmes Garden

8 The Architect of the Capitol shall maintain and care for the Oliver Wen9 dell Holmes Garden in accordance with the provisions of law on the mainte10 nance and care of the grounds of the Supreme Court Building.

11 SUBCHAPTER III—POLICING AUTHORITY

12 § 6121. General

13 (a) AUTHORITY OF MARSHAL OF THE SUPREME COURT AND SUPREME

14 COURT POLICE.—In accordance with regulations prescribed by the Marshal

15 of the Supreme Court and approved by the Chief Justice of the United

16 States, the Marshal and the Supreme Court Police shall have authority—

17 (1) to police the Supreme Court Building and grounds and adjacent

18 streets to protect individuals and property;

19 (2) in any State, to protect—

20 (A) the Chief Justice, any Associate Justice of the Supreme

21 Court, and any official guest of the Supreme Court; and

22 (B) any officer or employee of the Supreme Court while that of23 ficer or employee is performing official duties;

24 (3) while performing duties necessary to carry out paragraph (1) or

25 (2), to make arrests for any violation of federal or state law and any

26 regulation under federal or state law; and

27 (4) to carry firearms as may be required while performing duties

28 under section 6102 of this title, this subchapter, and subchapter IV.

29 (b) ADDITIONAL REQUIREMENTS RELATED TO SUBSECTION (a)(2).—

30 (1) AUTHORIZATION TO CARRY FIREARMS.—Duties under subsection

31 (a)(2)(A) with respect to an official guest of the Supreme Court in any

32 State (other than the District of Columbia, Maryland, and Virginia)

33 shall be authorized in writing by the Chief Justice or an Associate Jus34 tice, if those duties require the carrying of firearms under subsection

35 (a)(4).

36 (2) TERMINATION OF AUTHORITY.—The authority provided under

37 subsection (a)(2) expires on December 29, 2004.

38 § 6122. Designation of members of the Supreme Court Police

39 Under the general supervision and direction of the Chief Justice of the

40 United States, the Marshal of the Supreme Court may designate employees
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1 of the Supreme Court as members of the Supreme Court Police, without

2 additional compensation.

3 § 6123. Authority of Metropolitan Police of the District of

4 Columbia

5 The Metropolitan Police of the District of Columbia may make arrests

6 within the Supreme Court Building and grounds for a violation of federal

7 or state law or any regulation under federal or state law. This section does

8 not authorize the Metropolitan Police to enter the Supreme Court Building

9 to make an arrest in response to a complaint, serve a warrant, or patrol

10 the Supreme Court Building or grounds, unless the Metropolitan Police

11 have been requested to do so by, or have received the consent of, the Mar12 shal of the Supreme Court or an assistant to the Marshal.

13 SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

14 § 6131. Public travel in Supreme Court grounds

15 Public travel in, and occupancy of, the Supreme Court grounds is re16 stricted to the sidewalks and other paved surfaces.

17 § 6132. Sale of articles, signs, and solicitation in Supreme

18 Court Building and grounds

19 It is unlawful—

20 (1) to offer or expose any article for sale in the Supreme Court

21 Building or grounds;

22 (2) to display a sign, placard, or other form of advertisement in the

23 Building or grounds; or

24 (3) to solicit fares, alms, subscriptions, or contributions in the Build25 ing or grounds.

26 § 6133. Property in the Supreme Court Building and

27 grounds

28 It is unlawful to step or climb on, remove, or in any way injure any stat29 ue, seat, wall, fountain, or other erection or architectural feature, or any

30 tree, shrub, plant, or turf, in the Supreme Court Building or grounds.

31 § 6134. Firearms, fireworks, speeches, and objectionable lan32 guage in the Supreme Court Building and grounds

33 It is unlawful to discharge a firearm, firework or explosive, set fire to a

34 combustible, make a harangue or oration, or utter loud, threatening, or abu35 sive language in the Supreme Court Building or grounds.

36 § 6135. Parades, assemblages, and display of flags in the Su37 preme Court Building and grounds

38 It is unlawful to parade, stand, or move in processions or assemblages

39 in the Supreme Court Building or grounds, or to display in the Building

40 and grounds a flag, banner, or device designed or adapted to bring into pub41 lic notice a party, organization, or movement.
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1 § 6136. Suspension of prohibitions against use of Supreme

2 Court grounds

3 To allow the observance of authorized ceremonies in the Supreme Court

4 Building and grounds, the Marshal of the Supreme Court may suspend for

5 those occasions any of the prohibitions contained in this subchapter as may

6 be necessary for the occasion if—

7 (1) responsible officers have been appointed; and

8 (2) the Marshal determines that adequate arrangements have been

9 made—

10 (A) to maintain suitable order and decorum in the proceedings;

11 and

12 (B) to protect the Supreme Court Building and grounds and in13 dividuals and property in the Building and grounds.

14 § 6137. Penalties

15 (a) IN GENERAL.—An individual who violates this subchapter, or a regu16 lation prescribed under section 6102 of this title, shall be fined under title

17 18, imprisoned not more than 60 days, or both.

18 (b) VENUE AND PROCEDURE.—Prosecution for a violation described in

19 subsection (a) shall be in the Superior Court of the District of Columbia,

20 on information by the United States Attorney or an Assistant United States

21 Attorney.

22 (c) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—If during

23 the commission of a violation described in subsection (a), public property

24 is damaged in an amount exceeding $100, the period of imprisonment for

25 the offense may be not more than five years.

26 CHAPTER 63—SMITHSONIAN INSTITUTION, NATIONAL

27 GALLERY OF ART, AND JOHN F. KENNEDY CENTER

28 FOR THE PERFORMING ARTS

Sec.

6301. Definition.

6302. Public use of grounds.

6303. Unlawful activities.

6304. Additional regulations.

6305. Suspension of regulations.

6306. Policing of buildings and grounds.

6307. Penalties.

29 § 6301. Definition

30 In this chapter, the term ‘‘specified buildings and grounds’’ means—

31 (1) SMITHSONIAN INSTITUTION.—The Smithsonian Institution and

32 its grounds, which include the following:

33 (A) SMITHSONIAN BUILDINGS AND GROUNDS.—The Smithso34 nian Building, the Arts and Industries Building, the Freer Gallery

35 of Art Building, the Air and Space Building, the Museum of Nat-
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1 ural History, the National Museum of American History Building,

2 and all other buildings of the Smithsonian Institution within the

3 Mall, including the entrance walks, unloading areas, and other

4 pertinent service roads and parking areas.

5 (B) NATIONAL ZOOLOGICAL PARK.—The National Zoological

6 Park comprising all the buildings, streets, service roads, walks,

7 and other areas within the boundary fence of the National Zoolog8 ical Park in the District of Columbia and including the public

9 space between that fence and the face of the curb lines of the ad10 jacent city streets.

11 (C) FUTURE ACQUISITIONS.—All buildings, service roads, walks,

12 and other areas within the exterior boundaries of any real estate

13 or land or interest in land (including temporary use) that the

14 Smithsonian Institution acquires and that the Secretary of the

15 Smithsonian Institution determines to be necessary for the ade16 quate protection of individuals or property in the Smithsonian In17 stitution and suitable for administration as a part of the Smithso18 nian Institution.

19 (2) NATIONAL GALLERY OF ART.—The National Gallery of Art and

20 its grounds, which extend—

21 (A) to the line of the face of the south curb of Constitution Ave22 nue Northwest, between Seventh Street Northwest, and Fourth

23 Street Northwest, to the line of the face of the west curb of

24 Fourth Street Northwest, between Constitution Avenue Northwest,

25 and Madison Drive Northwest; to the line of the face of the north

26 curb of Madison Drive Northwest, between Fourth Street North27 west, and Seventh Street Northwest; and to the line of the face

28 of the east curb of Seventh Street Northwest, between Madison

29 Drive Northwest, and Constitution Avenue Northwest;

30 (B) to the line of the face of the south curb of Pennsylvania

31 Avenue Northwest, between Fourth Street and Third Street

32 Northwest, to the line of the face of the west curb of Third Street

33 Northwest, between Pennsylvania Avenue and Madison Drive

34 Northwest, to the line of the face of the north curb of Madison

35 Drive Northwest, between Third Street and Fourth Street North36 west, and to the line of the face of the east curb of Fourth Street

37 Northwest, between Pennsylvania Avenue and Madison Drive

38 Northwest; and

39 (C) to the line of the face of the south curb of Constitution Ave40 nue Northwest, between Ninth Street Northwest and Seventh

41 Street Northwest; to the line of the face of the west curb of Sev-
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1 enth Street Northwest, between Constitution Avenue Northwest

2 and Madison Drive Northwest; to the line of the face of the north

3 curb of Madison Drive Northwest, between Seventh Street North4 west and the line of the face of the east side of the east retaining

5 wall of the Ninth Street Expressway Northwest; and to the line

6 of the face of the east side of the east retaining wall of the Ninth

7 Street Expressway Northwest, between Madison Drive Northwest

8 and Constitution Avenue Northwest.

9 (3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—The

10 John F. Kennedy Center for the Performing Arts, which extends to the

11 line of the west face of the west retaining walls and curbs of the Inner

12 Loop Freeway on the east, the north face of the north retaining walls

13 and curbs of the Theodore Roosevelt Bridge approaches on the south,

14 the east face of the east retaining walls and curbs of Rock Creek Park15 way on the west, and the south curbs of New Hampshire Avenue and

16 F Street on the north, as generally depicted on the map entitled

17 ‘‘Transfer of John F. Kennedy Center for the Performing Arts’’, num18 bered 844/82563 and dated April 20, 1994 (as amended by the map

19 entitled ‘‘Transfer of John F. Kennedy Center for the Performing

20 Arts’’, numbered 844/82563A and dated May 22, 1997), which shall

21 be on file and available for public inspection in the office of the Na22 tional Capital Region, National Park Service.

23 § 6302. Public use of grounds

24 Public travel in, and occupancy of, the grounds specified under section

25 6301 of this title are restricted to the sidewalks and other paved surfaces,

26 except in the National Zoological Park.

27 § 6303. Unlawful activities

28 (a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other than

29 an authorized employee or concessionaire to carry out any of the following

30 activities within the specified buildings and grounds:

31 (1) Offer or expose any article for sale.

32 (2) Display any sign, placard, or other form of advertisement.

33 (3) Solicit alms, subscriptions, or contributions.

34 (b) TOUCHING OF, OR INJURIES TO, PROPERTY.—It is unlawful for

35 anyone—

36 (1) other than an authorized employee, to touch or handle objects

37 of art or scientific or historical objects on exhibition within the speci38 fied buildings or grounds; or

39 (2) to step or climb on, remove, or in any way injure any object of

40 art, exhibit (including an exhibit animal), equipment, seat, wall, foun-
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1 tain, or other erection or architectural feature, or any tree, shrub,

2 plant, or turf, within the specified buildings or grounds.

3 § 6304. Additional regulations

4 (a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In addition

5 to the restrictions and requirements specified in sections 6302 and 6303 of

6 this title, the Secretary of the Smithsonian Institution, the Trustees of the

7 National Gallery of Art, and the Trustees of the John F. Kennedy Center

8 for the Performing Arts may prescribe for their respective agencies regula9 tions necessary for—

10 (1) the adequate protection of the specified buildings and grounds

11 and individuals and property in those buildings and grounds; and

12 (2) the maintenance of suitable order and decorum within the speci13 fied buildings and grounds, including the control of traffic and parking

14 of vehicles in the National Zoological Park and all other areas in the

15 District of Columbia under their control.

16 (b) PUBLICATION IN FEDERAL REGISTER.—A regulation prescribed

17 under this section shall be published in the Federal Register and is not ef18 fective until the expiration of 10 days after the date of publication.

19 § 6305. Suspension of regulations

20 To allow authorized services, training programs, and ceremonies in the

21 specified buildings and grounds, the Secretary of the Smithsonian Institu22 tion, the Trustees of the National Gallery of Art, and the Trustees of the

23 John F. Kennedy Center for the Performing Arts (or their designees) may

24 suspend for their respective agencies any of the prohibitions contained in

25 sections 6302 and 6303 of this title as may be necessary for the occasion

26 or circumstance if—

27 (1) responsible officers have been appointed; and

28 (2) the Secretary of the Smithsonian Institution, the Trustees of the

29 National Gallery of Art, and the Trustees of the John F. Kennedy Cen30 ter for the Performing Arts (or their designees) determine that ade31 quate arrangements have been made—

32 (A) to maintain suitable order and decorum in the proceedings;

33 and

34 (B) to protect the specified buildings and grounds and persons

35 and property in those buildings and on those grounds.

36 § 6306. Policing of buildings and grounds

37 (a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to sec38 tion 5375 of title 5, the Secretary of the Smithsonian Institution, the Trust39 ees of the National Gallery of Art, and the Trustees of the John F. Ken40 nedy Center for the Performing Arts (or their designees) may designate em41 ployees of their respective agencies as special police, without additional com-
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1 pensation, for duty in connection with the policing of their respective speci2 fied buildings and grounds.

3 (b) POWERS.—The employees designated as special police under sub4 section (a)—

5 (1) may, within the specified buildings and grounds, enforce, and

6 make arrests for violations of, sections 6302 and 6303 of this title, any

7 regulation prescribed under section 6304 of this title, federal or state

8 law, or any regulation prescribed under federal or state law; and

9 (2) may enforce concurrently with the United States Park Police the

10 laws and regulations applicable to the National Capital Parks, and may

11 make arrests for violations of sections 6302 and 6303 of this title,

12 within the several areas located within the exterior boundaries of the

13 face of the curb lines of the squares within which the specified build14 ings and grounds are located.

15 (c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated as

16 special police under subsection (a) may be provided, without charge, with

17 uniforms and other equipment as may be necessary for the proper perform18 ance of their duties, including badges, revolvers, and ammunition.

19 § 6307. Penalties

20 (a) IN GENERAL.—

21 (1) PENALTY.—A person violating section 6302 or 6303 of this title,

22 or a regulation prescribed under section 6304 of this title, shall be

23 fined under title 18, imprisoned for not more than 60 days, or both.

24 (2) PROCEDURE.—Prosecution for an offense under this subsection

25 shall be in the Superior Court of the District of Columbia, by informa26 tion by the United States Attorney or an Assistant United States At27 torney.

28 (b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—

29 (1) PENALTY.—If in the commission of a violation described in sub30 section (a), property is damaged in an amount exceeding $100, the pe31 riod of imprisonment for the offense may be not more than five years.

32 (2) VENUE AND PROCEDURE.—Prosecution of an offense under this

33 subsection shall be in the United States District Court for the District

34 of Columbia by indictment. Prosecution may be on information by the

35 United States Attorney or an Assistant United States Attorney if the

36 defendant, after being advised of the nature of the charge and of rights

37 of the defendant, waives in open court prosecution by indictment.

38 CHAPTER 65—THURGOOD MARSHALL FEDERAL

39 JUDICIARY BUILDING

Sec.

6501. Definition.
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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. Financing.

1 § 6501. Definition

2 In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the

3 United States or the designee of the Chief Justice, except that when there

4 is a vacancy in the office of the Chief Justice, the most senior associate jus5 tice of the Supreme Court shall be deemed to be the Chief Justice for pur6 poses of this chapter until the vacancy is filled.

7 § 6502. Thurgood Marshall Federal Judiciary Building

8 (a) ESTABLISHMENT AND DESIGNATION.—There is a Federal Judiciary

9 Building in Washington, D.C., known and designated as the ‘‘Thurgood

10 Marshall Federal Judiciary Building’’.

11 (b) TITLE.—

12 (1) SQUARES 721 AND 722.—Title to squares 721 and 722 remains

13 in the Federal Government.

14 (2) BUILDING.—Title to the Building and other improvements con15 structed or otherwise made immediately reverts to the Government at

16 the expiration of not more than 30 years from the effective date of the

17 lease agreement referred to in section 6504 of this title without pay18 ment of any compensation by the Government.

19 (c) LIMITATIONS.—

20 (1) SIZE OF BUILDING.—The Building (excluding parking facilities)

21 may not exceed 520,000 gross square feet in size above the level of Co22 lumbia Plaza in the District of Columbia.

23 (2) HEIGHT OF BUILDING.—The height of the Building and other

24 improvements shall be compatible with the height of surrounding Gov25 ernment and historic buildings and conform to the provisions of the Act

26 of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height

27 Act of 1910).

28 (3) DESIGN.—The Building and other improvements shall—

29 (A) be designed in harmony with historical and Government

30 buildings in the vicinity;

31 (B) reflect the symbolic importance and historic character of the

32 United States Capitol and other buildings on the United States

33 Capitol grounds; and

34 (C) represent the dignity and stability of the Government.

35 (d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding archi36 tectural design of the Building are subject to the approval of the Chief Jus37 tice.
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1 (e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—If the

2 Building is connected with the Capitol Power Plant, the Architect of the

3 Capitol shall furnish chilled water and steam from the Plant to the Building

4 on a reimbursable basis.

5 (f) CONSTRUCTION STANDARDS.—The Building and other improvements

6 constructed under this chapter shall meet all standards applicable to con7 struction of a federal building.

8 (g) ACCOUNTING SYSTEM.—The Architect shall maintain an accounting

9 system for operation and maintenance of the Building and other improve10 ments which will allow accurate projections of the dates and cost of major

11 repairs, improvements, reconstructions, and replacements of the Building

12 and improvements and other capital expenditures on the Building and im13 provements.

14 (h) NONAPPLICABILITY OF CERTAIN LAWS.—

15 (1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building is

16 not subject to any law of the District of Columbia relating to building

17 codes, permits, or inspection, including any such law enacted by Con18 gress.

19 (2) TAXES.—The Building and other improvements constructed

20 under this chapter are not subject to any law of the District of Colum21 bia relating to real estate and personal property taxes, special assess22 ments, or other taxes, including any such law enacted by Congress.

23 § 6503. Commission for the Judiciary Office Building

24 (a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission for the

25 Judiciary Office Building, composed of the following 13 members or their

26 designees:

27 (1) Two individuals appointed by the Chief Justice from among jus28 tices of the Supreme Court and other judges of the United States.

29 (2) The members of the House Office Building Commission.

30 (3) The majority leader and minority leader of the Senate.

31 (4) The Chairman and the ranking minority member of the Senate

32 Committee on Rules and Administration.

33 (5) The Chairman and the ranking minority member of the Senate

34 Committee on Environment and Public Works.

35 (6) The Chairman and ranking minority member of the Committee

36 on Transportation and Infrastructure of the House of Representatives.

37 (b) QUORUM.—Seven members of the Commission is a quorum.

38 (c) DUTIES.—The Commission is responsible for the supervision of the

39 design, construction, operation, maintenance, structural, mechanical, and

40 domestic care and security of the Thurgood Marshall Federal Judiciary

41 Building. The Commission shall prescribe regulations to govern the actions
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1 of the Architect of the Capitol under this chapter and to govern the use

2 and occupancy of all space in the Building.

3 § 6504. Lease of building

4 (a) LEASE AGREEMENT.—Under an agreement with the person selected

5 to construct the Thurgood Marshall Federal Judiciary Building, the Archi6 tect of the Capitol shall lease the Building to carry out the objectives of

7 this chapter.

8 (b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement

9 includes at a minimum the following:

10 (1) LIMIT ON LENGTH OF LEASE.—The Architect will lease the

11 Building and other improvements for not more than 30 years from the

12 effective date of the agreement.

13 (2) RENTAL RATE.—The rental rate per square foot of occupiable

14 space for all space in the Building and other improvements will be in

15 the best interest of the Federal Government and will carry out the ob16 jectives of this chapter. The aggregate rental rate for all space in the

17 Building and other improvements shall produce an amount at least

18 equal to the amount necessary to amortize the cost of development of

19 squares 721 and 722 in the District of Columbia over the life of the

20 lease.

21 (3) AUTHORITY TO MAKE SPACE AVAILABLE AND SUBLEASE

22 SPACE.—The Architect may make space available and sublease space

23 in the Building and other improvements in accordance with section

24 6506 of this title.

25 (4) OTHER TERMS AND CONDITIONS.—The agreement contains

26 terms and conditions the Architect prescribes to carry out the objec27 tives of this chapter.

28 (c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease pay29 ments under this section may only be made—

30 (1) on an annual basis; and

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

32 § 6505. Structural and mechanical care and security

33 (a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol,

34 under the direction of the Commission for the Judiciary Office Building—

35 (1) is responsible for the structural and mechanical care and mainte36 nance of the Thurgood Marshall Federal Judiciary Building and im37 provements, including the care and maintenance of the grounds of the

38 Building, in the same manner and to the same extent as for the struc39 tural and mechanical care and maintenance of the Supreme Court

40 Building under section 6111 of this title; and
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1 (2) shall perform all other duties and work required for the operation

2 and domestic care of the Building and improvements.

3 (b) SECURITY.—

4 (1) CAPITOL POLICE.—The United States Capitol Police—

5 (A) are responsible for all exterior security of the Building and

6 other improvements constructed under this chapter; and

7 (B) may police the Building and other improvements, including

8 the interior and exterior, and may make arrests within the interior

9 and exterior of the Building and other improvements for any viola10 tion of federal or state law or the laws of the District of Columbia,

11 or any regulation prescribed under any of those laws.

12 (2) MARSHAL OF THE SUPREME COURT.—This chapter does not

13 interfere with the obligation of the Marshal of the Supreme Court to

14 protect justices, officers, employees, or other personnel of the Supreme

15 Court who may occupy the Building and other improvements.

16 (3) REIMBURSEMENT.—The Architect shall transfer from the ac17 count described in section 6507 of this title amounts necessary to reim18 burse the United States Capitol Police for expenses incurred in pro19 viding exterior security under this subsection. The Capitol Police may

20 accept amounts the Architect transfers under this paragraph. Those

21 amounts shall be credited to the appropriation account charged by the

22 Capitol Police in carrying out security duties.

23 § 6506. Allocation of space

24 (a) PRIORITY.—

25 (1) JUDICIAL BRANCH.—Subject to this section, the Architect of the

26 Capitol shall make available to the judicial branch of the Federal Gov27 ernment all space in the Thurgood Marshall Federal Judiciary Building

28 and other improvements constructed under this chapter. The space

29 shall be made available on a reimbursable basis and substantially in ac30 cordance with the report referred to in section 3(b)(1) of the Judiciary

31 Office Building Development Act (Public Law 100–480, 102 Stat.

32 2330).

33 (2) OTHER FEDERAL GOVERNMENTAL ENTITIES.—The Architect

34 may make available to federal governmental entities which are not part

35 of the judicial branch and which are not staff of Members of Congress

36 or congressional committees any space in the Building and other im37 provements that the Chief Justice decides is not needed by the judicial

38 branch. The space shall be made available on a reimbursable basis.

39 (3) OTHER PERSONS.—If any space remains, the Architect may sub40 lease it pursuant to subsection (e), under the direction of the Commis41 sion for the Judiciary Office Building, to any person.
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1 (b) SPACE FOR JUDICIAL BRANCH AND OTHER FEDERAL GOVERN2 MENTAL ENTITIES.—Space made available under subsection (a)(1) or (2)

3 is subject to—

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

5 chapter; and

6 (2) reimbursement at the rate established under section 6504(b)(2)

7 of this title plus an amount necessary to pay each year for the cost

8 of administering the Building and other improvements (including the

9 cost of operation, maintenance, rehabilitation, security, and structural,

10 mechanical, and domestic care) that is attributable to the space, with

11 the amount to be determined by the Architect and—

12 (A) in the case of the judicial branch, the Director of the Ad13 ministrative Office of the United States Courts; or

14 (B) in the case of any federal governmental entity not a part

15 of the judicial branch, the entity.

16 (c) SPACE FOR JUDICIAL BRANCH.—

17 (1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The Direc18 tor may assign space made available to the judicial branch under sub19 section (a)(1) or (2) among offices of the judicial branch as the Direc20 tor considers appropriate.

21 (2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies

22 the Architect that the judicial branch requires additional space in the

23 Building and other improvements, the Architect shall accommodate

24 those requirements within 90 days after the date of the notification,

25 except that if the space was made available to the Administrator of

26 General Services, it shall be vacated expeditiously by not later than a

27 date the Chief Justice and the Administrator agree on.

28 (3) UNOCCUPIED SPACE.—The Chief Justice has the right of first

29 refusal to use unoccupied space in the Building to meet the needs of

30 the judicial branch.

31 (d) LEASE BY ARCHITECT.—

32 (1) AUTHORITY TO LEASE.—Subject to approval by the Committees

33 on Appropriations of the House of Representatives and the Senate, the

34 House Office Building Commission, and the Committee on Rules and

35 Administration of the Senate, the Architect may lease and occupy not

36 more than 75,000 square feet of space in the Building.

37 (2) PAYMENTS.—Payments under the lease shall be made on vouch38 ers the Architect approves. Necessary amounts may be appropriated—

39 (A) to the Architect to carry out this subsection, including

40 amounts for acquiring and installing furniture and furnishings;

41 and
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1 (B) to the Sergeant at Arms of the Senate to plan for, acquire,

2 and install telecommunications equipment and services for the Ar3 chitect with respect to space leased under this subsection.

4 (e) SUBLEASED SPACE.—

5 (1) RENTAL RATE.—Space subleased by the Architect under sub6 section (a)(3) is subject to reimbursement at a rate which is com7 parable to prevailing rental rates for similar facilities in the area but

8 not less than the rate established under section 6504(b)(2) of this title

9 plus an amount the Architect and the person subleasing the space

10 agree is necessary to pay each year for the cost of administering the

11 Building (including the cost of operation, maintenance, rehabilitation,

12 security, and structural, mechanical, and domestic care) that is attrib13 utable to the space.

14 (2) LIMITATION.—A sublease under subsection (a)(3) must be com15 patible with the dignity and functions of the judicial branch offices

16 housed in the Building and must not unduly interfere with the activi17 ties and operations of the judicial branch agencies housed in the Build18 ing. Sections 5104(c) and 5108 of this title do not apply to any space

19 in the Building and other improvements subleased to a non-Govern20 ment tenant under subsection (a)(3).

21 (3) COLLECTION OF RENT.—The Architect shall collect rent for

22 space subleased under subsection (a)(3).

23 (f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received under

24 subsection (a)(3) (including lease payments and reimbursements) shall be

25 deposited in the account described in section 6507 of this title.

26 § 6507. Financing

27 (a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.—There is

28 a separate account in the Treasury. The account includes all amounts de29 posited in the account under section 6506(f) of this title and amounts ap30 propriated to the account. However, the appropriated amounts may not be

31 more than $2,000,000.

32 (b) USE OF AMOUNTS.—Amounts in the account are available to the Ar33 chitect of the Capitol—

34 (1) for paying expenses for structural, mechanical, and domestic

35 care, maintenance, operation, and utilities of the Thurgood Marshall

36 Federal Judiciary Building and other improvements constructed under

37 this chapter;

38 (2) for reimbursing the United States Capitol Police for expenses in39 curred in providing exterior security for the Building and other im40 provements;

41 (3) for making lease payments under section 6504 of this title; and
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1 (4) for necessary personnel (including consultants).

2 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.

6734. Federal Triangle development area.

6733. Federal Triangle property.

6734. Ronald Reagan Building and International Trade Center.

3 SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,

4 AUTHORITIES, TITLE, AND INTERESTS

5 § 6701. Transfer of rights and authorities of Pennsylvania

6 Avenue Development Corporation

7 (a) IN GENERAL.—The Administrator of General Services—

8 (1) may make and perform transactions with an agency or instru9 mentality of the Federal Government, a State, the District of Colum10 bia, or any person as necessary to carry out the trade center plan at

11 the Federal Triangle Project; and

12 (2) has all the rights and authorities of the former Pennsylvania Av13 enue Development Corporation with regard to property transferred

14 from the Corporation to the General Services Administration in fiscal

15 year 1996.

16 (b) USE OF AMOUNTS AND INCOME.—

17 (1) ACTIVITIES ASSOCIATED WITH TRANSFERRED RESPONSIBIL18 ITIES.—The Administrator may use amounts transferred from the Cor19 poration or income earned on Corporation property for activities associ20 ated with carrying out the responsibilities of the Corporation trans21 ferred to the Administrator. Any income earned after March 31, 1996,

22 shall be deposited to the Pennsylvania Avenue Activities account and

23 remains available until expended.

24 (2) EXCESS AMOUNTS OR INCOME.—Any amounts or income the Ad25 ministrator considers excess to the amount needed to fulfill the respon26 sibilities of the Corporation transferred to the Administrator shall be

27 applied to any outstanding debt the Corporation incurred when acquir28 ing real estate, except debt associated with the Ronald Reagan Build29 ing and International Trade Center.
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1 (c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real property

2 transferred from the Corporation to the Administrator under section 6702

3 of this title, the Administrator shall pay to the District of Columbia govern4 ment, in the same way as previously paid by the Corporation, an amount

5 equal to the amount of real property tax which would have been payable

6 to the government beginning on the date the Corporation acquired the real

7 property if legal title to the property had been held by a private citizen on

8 that date and during all periods to which that date relates.

9 § 6702. Transfer and assignment of rights, title, and inter10 ests in property

11 (a) IN GENERAL.—

12 (1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As pro13 vided in this section, the General Services Administration, the National

14 Capital Planning Commission, and the National Park Service have the

15 rights, title, and interest of the Pennsylvania Avenue Development Cor16 poration in and to all leases, covenants, agreements, and easements the

17 Corporation executed before April 1, 1996, in carrying out its powers

18 and duties under the Pennsylvania Avenue Development Corporation

19 Act of 1972 (Public Law 92–578, 86 Stat. 1266) and the Federal Tri20 angle Development Act (Public Law 100–113, 101 Stat. 735).

21 (2) PROPERTY.—The Administration has the rights, title, and inter22 est of the Corporation in and to all property held in the name of the

23 Corporation, except as provided in subsection (c).

24 (b) GENERAL SERVICES ADMINISTRATION.—

25 (1) RESPONSIBILITIES.—The responsibilities of the Corporation

26 transferred to the Administration under subsection (a) include—

27 (A) the collection of revenue owed the Federal Government as

28 a result of real estate sales or lease agreements made by the Cor29 poration and private parties, including—

30 (i) the Willard Hotel property on Square 225;

31 (ii) the Gallery Row project on Square 457;

32 (iii) the Lansburgh’s project on Square 431; and

33 (iv) the Market Square North project on Square 407;

34 (B) the collection of sale or lease revenue owed the Government

35 from the sale or lease before April 1, 1996, of two undeveloped

36 sites owned by the Corporation on Squares 457 and 406;

37 (C) the application of collected revenue to repay Treasury debt

38 the Corporation incurred when acquiring real estate;

39 (D) performing financial audits for projects in which the Cor40 poration has actual or potential revenue expectation, as identified
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1 in subparagraphs (A) and (B), in accordance with procedures de2 scribed in applicable sale or lease agreements;

3 (E) the disposition of real estate properties which are or become

4 available for sale and lease or other uses;

5 (F) payment of benefits in accordance with the Uniform Reloca6 tion Assistance and Real Property Acquisition Policies Act of 1970

7 (42 U.S.C. 4601 et seq.) to which persons in the project area

8 squares are entitled as a result of the Corporation’s acquisition of

9 real estate; and

10 (G) carrying out the responsibilities of the Corporation under

11 subchapter III and the Federal Triangle Development Act (Public

12 Law 100–113, 101 Stat. 735), including responsibilities for man13 aging assets and liabilities of the Corporation under subchapter

14 III and the Act.

15 (2) POWERS.—In carrying out the responsibilities of the Corporation

16 transferred under this section, the Administrator of General Services

17 may—

18 (A) acquire land, improvements, and property by purchase, lease

19 or exchange, and sell, lease, or otherwise dispose of any property,

20 as necessary to complete the development plan developed under

21 section 5 of the Pennsylvania Avenue Development Corporation

22 Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of

23 intention to carry out the acquisition or disposal is first trans24 mitted to the Committee on Transportation and Infrastructure

25 and the Committee on Appropriations of the House of Representa26 tives and the Committee on Environment and Public Works and

27 the Committee on Appropriations of the Senate and at least 60

28 days elapse after the date of the transmission;

29 (B) modify the plan referred to in subparagraph (A) if the

30 modification is first transmitted to the Committee on Transpor31 tation and Infrastructure and the Committee on Appropriations of

32 the House of Representatives and the Committee on Environment

33 and Public Works and the Committee on Appropriations of the

34 Senate and at least 60 days elapse after the date of the trans35 mission;

36 (C) maintain any existing Corporation insurance programs;

37 (D) make and perform transactions with an agency or instru38 mentality of the Federal Government, a State, the District of Co39 lumbia, or any person as necessary to carry out the responsibilities

40 of the Corporation under subchapter III and the Federal Triangle

41 Development Act (Public Law 100–113, 101 Stat. 735);
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1 (E) request the Council of the District of Columbia to close any

2 alleys necessary for the completion of development in Square 457;

3 and

4 (F) use all of the amount transferred from the Corporation or

5 income earned on Corporation property to complete any pending

6 development projects.

7 (c) NATIONAL PARK SERVICE.—

8 (1) PROPERTY.—The National Park Service has the right, title, and

9 interest in and to the property located in the Pennsylvania Avenue Na10 tional Historic Site, including the parks, plazas, sidewalks, special

11 lighting, trees, sculpture, and memorials, depicted on a map entitled

12 ‘‘Pennsylvania Avenue National Historic Park’’, dated June 1, 1995,

13 and numbered 840–82441. The map shall be on file and available for

14 public inspection in the offices of the Service.

15 (2) RESPONSIBILITIES.—The Service is responsible for management,

16 administration, maintenance, law enforcement, visitor services, resource

17 protection, interpretation, and historic preservation at the Site.

18 (3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—The

19 Service may—

20 (A) make transactions with an agency or instrumentality of the

21 Government, a State, the District of Columbia, or any person as

22 considered necessary or appropriate for the conduct of special

23 events, festivals, concerts, or other art and cultural programs at

24 the Site; or

25 (B) establish a nonprofit foundation to solicit amounts for those

26 activities.

27 (4) JURISDICTION OF DISTRICT OF COLUMBIA.—Jurisdiction of

28 Pennsylvania Avenue and all other roadways from curb to curb remains

29 with the District of Columbia but vendors are not permitted to occupy

30 street space except during temporary special events.

31 (d) NATIONAL CAPITAL PLANNING COMMISSION.—The National Capital

32 Planning Commission is responsible for ensuring that development in the

33 Pennsylvania Avenue area is carried out in accordance with the Pennsyl34 vania Avenue Development Corporation Plan—1974.

35 SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

36 § 6711. Definition

37 In this subchapter, the term ‘‘development area’’ means the area to be

38 developed, maintained, and used in accordance with this subchapter and the

39 Pennsylvania Avenue Development Corporation Act of 1972 (Public Law

40 92–578, 86 Stat. 1266) and is the area bounded as follows:
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1 Beginning at a point on the southwest corner of the intersection of

2 Fifteenth Street and E Street Northwest;

3 thence proceeding east along the southern side of E Street to the

4 southwest corner of the intersection of Thirteenth Street and Pennsyl5 vania Avenue Northwest;

6 thence southeast along the southern side of Pennsylvania Avenue to

7 a point being the southeast corner of the intersection of Pennsylvania

8 Avenue and Third Street Northwest;

9 thence north along the eastern side of Third Street to the northeast

10 corner of the intersection of C Street and Third Street Northwest;

11 thence west along the northern side of C Street to the northeast cor12 ner of the intersection of C Street and Sixth Street Northwest;

13 thence north along the eastern side of Sixth Street to the northeast

14 corner of the intersection of E Street and Sixth Street Northwest;

15 thence west along the northern side of E Street to the northeast cor16 ner of the intersection of E Street and Seventh Street Northwest;

17 thence north along the eastern side of Seventh Street to the north18 east corner of the intersection of Seventh Street and F Street North19 west;

20 thence west along the northern side of F Street to the northwest cor21 ner of the intersection of F Street and Ninth Street Northwest;

22 thence south along the western side of Ninth Street to the northwest

23 corner of the intersection of Ninth Street and E Street Northwest;

24 thence west along the northern side of E Street to the northeast cor25 ner of the intersection of E Street and Thirteenth Street Northwest;

26 thence north along the eastern side of Thirteenth Street to the

27 northeast corner of the intersection of F Street and Thirteenth Street

28 Northwest;

29 thence west along the northern side of F Street to the northwest cor30 ner of the intersection of F Street and Fifteenth Street Northwest;

31 thence north along the western side of Fifteenth Street to the north32 west corner of the intersection of Pennsylvania Avenue and Fifteenth

33 Street Northwest;

34 thence west along the southern side of Pennsylvania Avenue to the

35 southeast corner of the intersection of Pennsylvania Avenue and East

36 Executive Avenue Northwest;

37 thence south along the eastern side of East Executive Avenue to the

38 intersection of South Executive Place and E Street Northwest;

39 thence east along the southern side of E Street to the point of begin40 ning.
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1 § 6712. Powers of other agencies and instrumentalities in

2 the development area

3 This subchapter and the Pennsylvania Avenue Development Corporation

4 Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other

5 agencies or instrumentalities of the Federal Government or of the District

6 of Columbia from exercising any lawful powers in the development area con7 sistent with the development plan described in section 5(a) of the Act (86

8 Stat. 1269) or the provisions and purposes of this subchapter and the Act.

9 However, the agency or instrumentality shall not release, modify, or depart

10 from any feature or detail of the development plan without the prior ap11 proval of the Administrator of General Services.

12 § 6713. Certification of new construction

13 New construction (including substantial remodeling, conversion, rebuild14 ing, enlargement, extension, or major structural improvement of existing

15 building, but not including ordinary maintenance or remodeling or changes

16 necessary to continue occupancy) shall not be authorized or conducted with17 in the development area except on prior certification by the Administrator

18 of General Services that the construction is, or may reasonably be expected

19 to be, consistent with the carrying out of the development plan described

20 in section 5(a) of the Pennsylvania Avenue Development Corporation Act

21 of 1972 (Public Law 92–578, 86 Stat. 1269).

22 § 6714. Relocation services

23 (a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator

24 of General Services may use the services of the District of Columbia govern25 ment in the administration of a relocation program pursuant to the Uniform

26 Relocation Assistance and Real Property Acquisition Policies Act of 1970

27 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the govern28 ment for the cost of the services.

29 (b) COORDINATION OF RELOCATION PROGRAMS.—All relocation services

30 performed by or on behalf of the Administrator shall be coordinated with

31 the District of Columbia’s central relocation programs.

32 (c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.—An

33 owner or tenant of real property whose residence or business is terminated

34 as a result of acquisitions made pursuant to this subchapter or the Pennsyl35 vania Avenue Development Corporation Act of 1972 (Public Law 92–578,

36 86 Stat. 1266) shall be granted a preferential right to lease or purchase

37 from the Administrator similar real property as may become available for

38 a similar use. The preferential right is limited to the parties in interest and

39 is not transferable or assignable.
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1 § 6715. Coordination with District of Columbia

2 (a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying out

3 the purposes of this subchapter and the Pennsylvania Avenue Development

4 Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Adminis5 trator of General Services shall—

6 (1) consult and cooperate with District of Columbia officials and

7 community leaders at the earliest practicable time;

8 (2) give primary consideration to local needs and desires and to local

9 and regional goals and policies as expressed in urban renewal, commu10 nity renewal, and comprehensive land use plans and regional plans; and

11 (3) foster local initiative and participation in connection with the

12 planning and development of projects.

13 (b) COMPLIANCE WITH LOCAL REQUIREMENTS.—The Administrator

14 shall comply with all District of Columbia laws, ordinances, codes, and regu15 lations in constructing, rehabilitating, altering, and improving any project

16 under this subchapter. Section 5–432 of title 5 of the District of Columbia

17 Code applies to all construction, rehabilitation, alteration, and improvement

18 of all buildings by the Administrator under this subchapter. Construction,

19 rehabilitation, alteration, and improvement of any project by non-Federal

20 Government sources is subject to the District of Columbia Code and zoning

21 regulations.

22 § 6716. Reports

23 (a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator of

24 General Services shall transmit comprehensive and detailed reports of the

25 Administrator’s operations, activities, and accomplishments under this sub26 chapter to the President and Congress. The Administrator shall transmit a

27 report to the President each January and to the President and Congress

28 at other times that the Administrator considers desirable.

29 (b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC AND

30 ARCHITECTURAL VALUES.—A report under subsection (a) shall include a

31 detailed discussion of the actions the Administrator has taken in the report32 ing period to protect and enhance the significant historic and architectural

33 values of structures within the boundaries of the Administrator’s jurisdic34 tion under this subchapter and shall indicate similar actions the Adminis35 trator plans to take and issues the Administrator anticipates dealing with

36 during the upcoming fiscal year related to historic and architectural preser37 vation. The report shall indicate the degree to which public concern has

38 been considered and incorporated into decisions the Administrator made rel39 ative to historic and architectural preservation.
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1 SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

2 § 6731. Definitions

3 In this subchapter—

4 (1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal

5 Triangle development area’’ means the area bounded as follows:

6 Beginning at a point on the southwest corner of the intersection

7 of Fourteenth Street and Pennsylvania Avenue (formerly E

8 Street), Northwest;

9 thence south along the western side of Fourteenth Street to the

10 northwest corner of the intersection of Fourteenth Street and Con11 stitution Avenue, Northwest;

12 thence east along the northern side of Constitution Avenue to

13 the northeast corner of the intersection of Twelfth Street and Con14 stitution Avenue, Northwest;

15 thence north along the eastern side of Twelfth Street and Con16 stitution Avenue, Northwest;

17 thence north along the eastern side of Twelfth Street to the

18 southeast corner of the intersection of Twelfth Street and Pennsyl19 vania Avenue, Northwest;

20 thence west along the southern side of Pennsylvania Avenue to

21 the point of beginning.

22 (2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle

23 property’’ means—

24 (A) the property owned by the Federal Government in the Dis25 trict of Columbia, known as the ‘‘Great Plaza’’ site, which consists

26 of squares 256, 257, 258, parts of squares 259 and 260, and adja27 cent closed rights-of-way as shown on plate IV of the King Plats

28 of 1803 located in the Office of the Surveyor of the District of

29 Columbia; and

30 (B) except for purposes of section 6733(a) of this title, any

31 property the Pennsylvania Avenue Development Corporation ac32 quired under section 3(b) of the Federal Triangle Development

33 Act (Public Law 100–113, 101 Stat. 736).

34 § 6732. Federal Triangle development area

35 The Federal Triangle development area is deemed to be part of the devel36 opment area described in section 6711 of this title. The Administrator of

37 General Services has the same authority over the Federal Triangle develop38 ment area as over the development area described in section 6711.

39 § 6733. Federal Triangle property

40 (a) TITLE.—Title to the Federal Triangle property reverts to the Admin41 istrator of General Services not later than the date on which ownership of
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1 the Ronald Reagan Building and International Trade Center vests in the

2 Federal Government.

3 (b) NONAPPLICABILITY OF CERTAIN LAWS.—

4 (1) BUILDING PERMITS AND INSPECTION.—For purposes of develop5 ment of the Federal Triangle property, the person selected to develop

6 the property is not subject to any state or local law relating to building

7 permits and inspection.

8 (2) TAXES AND ASSESSMENTS.—The property and improvements to

9 the property are not subject to real and personal property taxation or

10 to special assessments.

11 § 6734. Ronald Reagan Building and International Trade

12 Center

13 (a) ESTABLISHMENT AND DESIGNATION.—The building constructed on

14 the Federal Triangle property shall be known and designated as the Ronald

15 Reagan Building and International Trade Center.

16 (b) TITLE.—The person selected to develop the Federal Triangle property

17 may own the Building for not more than 35 years from the date construc18 tion of the building began. The title shall be in the Administrator of General

19 Services from the date title to the Federal Triangle property reverts to the

20 Administrator.

21 (c) LIMITATIONS.—

22 (1) SIZE OF BUILDING.—The Building (including parking facilities)

23 may not exceed 3,100,000 gross square feet in size.

24 (2) HEIGHT OF BUILDING.—The height of the Building shall be

25 compatible with the height of surrounding Federal Government build26 ings.

27 (3) DESIGN.—The Building shall—

28 (A) be designed in harmony with historical and Government

29 buildings in the vicinity;

30 (B) reflect the symbolic importance and historic character of

31 Pennsylvania Avenue and the Nation’s Capital; and

32 (C) represent the dignity and stability of the Government.

33 (d) CONSTRUCTION STANDARDS.—The Building shall meet all standards

34 applicable to construction of a federal building.

35 (e) ACCOUNTING SYSTEM.—The Administrator shall maintain an ac36 counting system for operation and maintenance of the Building which will

37 allow accurate projections of the dates and cost of major repairs, improve38 ments, reconstructions, and replacements of the Building and other capital

39 expenditures on the Building. The Administrator shall act as necessary to

40 ensure that amounts are available to cover the projected cost and expendi41 tures.
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1 (f) LEASE OF BUILDING.—

2 (1) LEASE AGREEMENT.—Under an agreement with the person se3 lected to construct the Ronald Reagan Building and International

4 Trade Center, the Administrator shall lease the Building for federal of5 fice space and the international cultural and trade center space.

6 (2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agree7 ment includes at a minimum the following:

8 (A) LIMIT ON LENGTH OF LEASE.—The Administrator will lease

9 the Building for the period of time that the person selected to con10 struct the Building owns the Building.

11 (B) RENTAL RATE.—The rental rate per square foot of occupi12 able space for all space in the Building will be in the best interest

13 of the Government and will carry out the objectives of this sub14 chapter and the Federal Triangle Development Act (Public Law

15 100–113, 101 Stat. 735). The aggregate rental rate for all space

16 in the Building shall produce an amount at least equal to the

17 amount necessary to amortize the cost of development of the Fed18 eral Triangle property over the life of the lease.

19 (C) OBLIGATION OF AMOUNTS.—Obligation of amounts from

20 the Federal Building Fund shall only be made on an annual basis

21 to meet lease payments.

22 (3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may be ob23 ligated as described in paragraph (2)(C).

24 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.

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.

25 SUBCHAPTER I—UNION STATION COMPLEX

26 § 6901. Definition

27 In this subchapter, the term ‘‘Union Station complex’’ means real prop28 erty, air rights, and improvements the Secretary of the Interior leased under
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1 sections 101–110 of the National Visitors Center Facilities Act of 1968

2 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements

3 made in accordance with this subchapter.

4 § 6902. Assignment of right, title, and interest in the Union

5 Station complex to the Secretary of Transpor6 tation

7 The Secretary of Transportation has the right, title, and interest in and

8 to the Union Station complex, including all agreements and leases made

9 under sections 101–110 of the National Visitors Center Facilities Act of

10 1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of

11 Transportation and the Secretary of the Interior agree, the Secretary of the

12 Interior may lease space for visitor services.

13 § 6903. Agreements and contracts

14 The Secretary of Transportation may make agreements and contracts, ex15 cept an agreement or contract to sell property rights at the Union Station

16 complex, with a person, a federal, regional, or local agency, or the Architect

17 of the Capitol that the Secretary considers necessary or desirable to carry

18 out the purposes of this subchapter.

19 § 6904. Acquisition, maintenance, and use of property

20 (a) ACQUISITION.—The Secretary of Transportation may acquire for the

21 Federal Government an interest in real property (including easements or

22 reservations) and any other property interest (including contract rights) in

23 or relating or adjacent to the Union Station complex that the Secretary con24 siders necessary to carry out the purposes of this subchapter.

25 (b) MAINTENANCE AND USE.—The Secretary may maintain, use, operate,

26 manage, and lease, either directly, by contract, or through development

27 agreements, any property interest the Secretary holds or acquires for the

28 Government under this subchapter in the manner and subject to the terms,

29 conditions, covenants, and easements that the Secretary considers necessary

30 or desirable to carry out the purposes of this subchapter.

31 § 6905. Service on board of directors of Union Station Rede32 velopment Corporation

33 To further the rehabilitation, redevelopment, and operation of the Union

34 Station complex, the Secretary of Transportation and the Administrator of

35 the Federal Railroad Administration may serve as ex officio members of the

36 board of directors of the Union Station Redevelopment Corporation.

37 § 6906. Union Station Fund

38 (a) ESTABLISHMENT.—There is a special deposit account in the Treasury

39 known as the ‘‘Union Station Fund’’, which shall be administered as a re40 volving fund.
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1 (b) CONTENT.—The account shall be credited with receipts of the Sec2 retary of Transportation from activities authorized by this subchapter.

3 (c) USE OF AMOUNTS.—The Secretary may use income and proceeds re4 ceived from activities authorized by this subchapter, including operating and

5 leasing income and payments made to the Federal Government under devel6 opment agreements, to pay expenses the Secretary incurs in carrying out

7 the purposes of this subchapter, including construction, acquisition, leasing,

8 operation, and maintenance expenses and payments made to developers

9 under development agreements.

10 (d) AVAILABILITY OF AMOUNTS.—The balance in the account is available

11 in amounts specified in annual appropriation laws for making expenditures

12 authorized by this subchapter.

13 § 6907. Use of other appropriated amounts

14 (a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of Trans15 portation may use amounts appropriated under section 24909(a)(2)(A) of

16 title 49 to carry out the purposes of this subchapter without regard to the

17 cost sharing requirement of section 24902(c)(1) of title 49.

18 (b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated

19 under section 24909 of title 49 may not be used for design, construction,

20 or operation of a heliport at or near Union Station.

21 § 6908. Parking facility

22 (a) TITLE.—The Federal Government has the right, title, and interest in

23 and to the parking facility at Union Station.

24 (b) FEES.—The rate of fees charged for use of the facility may exceed

25 the rate required for maintenance and operation of the facility. The rate

26 shall be established in a manner that encourages use of the facility by rail

27 passengers and participants in activities in the Union Station complex and

28 area.

29 § 6909. Supplying steam or chilled water to Union Station

30 complex

31 The Architect of the Capitol may make agreements with the Secretary of

32 Transportation to furnish steam, chilled water, or both from the Capitol

33 Power Plant to the Union Station complex, at no expense to the legislative

34 branch.

35 § 6910. Authorization of appropriations

36 Amounts necessary to meet lease and other obligations, including mainte37 nance requirements, incurred by the Secretary of the Interior and assigned

38 to the Secretary of Transportation under this subchapter may be appro39 priated to the Secretary of Transportation.
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1 SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY

2 COMMISSION

3 § 6921. Establishment, composition, and meetings

4 (a) ESTABLISHMENT.—There is a National Visitor Facilities Advisory

5 Commission.

6 (b) COMPOSITION.—

7 (1) MEMBERSHIP.—The Commission is composed of—

8 (A) the Secretary of the Interior;

9 (B) the Administrator of General Services;

10 (C) the Secretary of the Smithsonian Institution;

11 (D) the Chairman of the National Capital Planning Commis12 sion;

13 (E) the Chairman of the Commission of Fine Arts;

14 (F) six Members of the Senate, three from each party, to be ap15 pointed by the President of the Senate;

16 (G) six Members of the House of Representatives, three from

17 each party, to be appointed by the Speaker of the House of Rep18 resentatives; and

19 (H) three individuals appointed by the President, at least two

20 of whom shall not be officers of the Federal Government, and one

21 member of whom shall be a representative of the District of Co22 lumbia government.

23 (2) CHAIRMAN.—The Secretary of the Interior serves as the Chair24 man of the Commission.

25 (3) SERVICE OF NON-FEDERAL MEMBERS.—Non-federal members

26 serve at the pleasure of the President.

27 (c) MEETINGS.—The Commission shall meet at the call of the Chairman.

28 § 6922. Duties

29 (a) In General.—The National Visitor Facilites Advisory Commission

30 shall—

31 (1) conduct continuing investigations and studies of sites and plans

32 to provide additional facilities and services for visitors and students

33 coming to the Nation’s Capital; and

34 (2) advise the Secretary of the Interior and the Administrator of

35 General Services on the planning, construction, acquisition, and oper36 ation of those visitor facilities.

37 (b) STAFF AND FACILITIES.—The Director of the National Park Service,

38 in consultation with the Administrator, shall provide the necessary staff and

39 facilities to assist the Commission in carrying out its duties under this sub40 chapter.
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1 § 6923. Compensation and expenses

2 Members of the National Visitor Facilities Advisory Commission who are

3 not officers or employees of the Federal Government or the government of

4 the District of Columbia are entitled to receive compensation under section

5 3109 of title 5 and expenses under section 5703 of title 5.

6 § 6924. Reports and recommendations

7 The National Visitor Facilities Advisory Commission shall report to the

8 Secretary of the Interior and the Administrator of General Services the re9 sults of its studies and investigations. A report recommending additional fa10 cilities for visitors shall include the Commission’s recommendations as to

11 sites for the facilities to be provided, preliminary plans, specifications, and

12 architectural drawings for the facilities, and the estimated cost of the rec13 ommended sites and facilities.

14 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS

15 IN THE DISTRICT OF COLUMBIA

16 CHAPTER 81—ADMINISTRATIVE

SUBCHAPTER I—GENERAL

Sec.

8101. Use of public buildings for public ceremonies.

8102. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law.

8103. Protection of Federal Government buildings in District of Columbia.

8104. Application of District of Columbia laws to public buildings and grounds.

8105. Regulation of private and semipublic buildings adjacent to public buildings and

grounds.

8106. Approval by Administrator of General Services.

8107. Buildings on reservations, parks, or public grounds.

8108. Advertisements and sales in or around Washington Monument.

SUBCHAPTER II—JURISDICTION

8121. Improper appropriation of streets.

8122. Jurisdiction over portion of Constitution Avenue.

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

of District of Columbia.

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

8125. Public spaces resulting from filling of canals.

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

8127. Part of Washington Aqueduct for playground purposes.

SUBCHAPTER III—SERVICES FOR FACILITIES

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

8142. Rent of other buildings.

8143. Heat.

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

SUBCHAPTER IV—MISCELLANEOUS

8161. Reservation of parking spaces for Members of Congress.

8162. Ailanthus trees prohibited.

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

8164. E. Barrett Prettyman United States Courthouse.

8165. Services for Office of Personnel Management.
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1 SUBCHAPTER I—GENERAL

2 § 8101. Use of public buildings for public ceremonies

3 Except as expressly authorized by law, public buildings in the District of

4 Columbia (other than the Capitol Building and the White House), and the

5 approaches to those public buildings, shall not be used or occupied in con6 nection with ceremonies for the inauguration of the President or other pub7 lic functions.

8 § 8102. Supervision of public buildings and grounds in Dis9 trict of Columbia not otherwise provided for by

10 law

11 (a) IN GENERAL.—Under regulations the President prescribes, the Ad12 ministrator of General Services is in charge of the public buildings and

13 grounds in the District of Columbia, except those buildings and grounds

14 which otherwise are provided for by law.

15 (b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or the of16 ficer under the direction of the Administrator who is in immediate charge

17 of those public buildings and grounds, decides that an individual is unlaw18 fully occupying any part of that public land, the Administrator or officer

19 in charge shall notify the marshal of the District of Columbia in writing

20 of the unlawful occupation.

21 (c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser

22 ejected from the public land and shall restore possession of the land to the

23 officer charged by law with the custody of the land.

24 § 8103. Protection of Federal Government buildings in Dis25 trict of Columbia

26 The Attorney General and the Secretary of the Treasury may prohibit—

27 (1) a vehicle from parking or standing on a street or roadway adja28 cent to a building in the District of Columbia—

29 (A) at least partly owned or possessed by, or leased to, the Fed30 eral Government; and

31 (B) used by law enforcement authorities subject to their juris32 diction; and

33 (2) a person or entity from conducting business on property imme34 diately adjacent to a building described in paragraph (1).

35 § 8104. Application of District of Columbia laws to public

36 buildings and grounds

37 (a) APPLICATION OF LAWS.—Laws and regulations of the District of Co38 lumbia for the protection of public or private property and the preservation

39 of peace and order are extended to all public buildings and public grounds

40 belonging to the Federal Government in the District of Columbia.
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1 (b) PENALTIES.—A person shall be fined under title 18, imprisoned for

2 not more than six months, or both if the person—

3 (1) is guilty of disorderly and unlawful conduct in or about those

4 public buildings or public grounds;

5 (2) willfully injures the buildings or shrubs;

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

7 enclosure;

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

9 or

10 (5) removes any stone, gravel, sand, or other property of the Govern11 ment, or any other part of the public grounds or lots belonging to the

12 Government in the District of Columbia.

13 § 8105. Regulation of private and semipublic buildings adja14 cent to public buildings and grounds

15 (a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con16 stitution respecting the establishment of the seat of the National Govern17 ment, the duties it imposed on Congress in connection with establishing the

18 seat of the National Government, and the solicitude shown and the efforts

19 exerted by President Washington in the planning and development of the

20 Capital City, the development should proceed along the lines of good order,

21 good taste, and with due regard to the public interests involved, and a rea22 sonable degree of control should be exercised over the architecture of private

23 or semipublic buildings adjacent to public buildings and grounds of major

24 importance.

25 (b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The

26 Mayor of the District of Columbia shall submit to the Commission on Fine

27 Arts an application for a permit to erect or alter any building, a part of

28 which fronts or abuts on the grounds of the Capitol, the grounds of the

29 White House, the part of Pennsylvania Avenue extending from the Capitol

30 to the White House, Lafayette Park, Rock Creek Park, the Zoological Park,

31 the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park

32 System and public buildings adjacent to the System, or abuts on any street

33 bordering any of those grounds or parks, so far as the plans relate to height

34 and appearance, color, and texture of the materials of exterior construction.

35 (c) REPORT TO MAYOR.—The Commission shall report promptly its rec36 ommendations to the Mayor, including any changes the Commission decides

37 are necessary to prevent reasonably avoidable impairment of the public val38 ues belonging to the public building or park. If the Commission fails to re39 port its approval or disapproval of a plan within 30 days, the report is

40 deemed approved and a permit may be issued.
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1 (d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de2 cides is necessary to effect reasonable compliance with the recommendation

3 under subsection (c).

4 § 8106. Approval by Administrator of General Services

5 Subject to applicable provisions of existing law relating to the functions

6 in the District of Columbia of the National Capital Planning Commission

7 and the Commission of Fine Arts, only the Administrator of General Serv8 ices is required to approve sketches, plans, and estimates for buildings to

9 be constructed by the Administrator, except that the Administrator and the

10 United States Postal Service must approve buildings designed for post-office

11 purposes.

12 § 8107. Buildings on reservations, parks, or public grounds

13 A building or structure shall not be erected on any reservation, park, or

14 public grounds of the Federal Government in the District of Columbia with15 out express authority of Congress.

16 § 8108. Advertisements and sales in or around Washington

17 Monument

18 Except on the written authority of the Director of the National Park

19 Service, advertisements of any kind shall not be displayed, and articles of

20 any kind shall not be sold, in or around the Washington Monument.

21 SUBCHAPTER II—JURISDICTION

22 § 8121. Improper appropriation of streets

23 (a) AUTHORITY.—The Secretary of the Interior shall—

24 (1) prevent the improper appropriation or occupation of any public

25 street, avenue, square, or reservation in the District of Columbia that

26 belongs to the Federal Government;

27 (2) reclaim the street, avenue, square, or reservation if unlawfully

28 appropriated;

29 (3) prevent the erection of any permanent building on property re30 served to or for the use of the Government, unless plainly authorized

31 by law; and

32 (4) report to Congress at the beginning of each session on the Sec33 retary’s proceedings in the premises, together with a full statement of

34 all property described in this subsection, and how, and by what author35 ity, the property is occupied or claimed.

36 (b) APPLICATION.—This section does not interfere with the temporary

37 and proper occupation of any part of the property described in subsection

38 (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 assist-
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1 ance of those other areas, all of the areas in the Washington metropolitan

2 area shall be developed and their public affairs shall be managed so as to

3 contribute effectively toward the solution of the community development

4 problems of the Washington metropolitan region on a unified metropolitan

5 basis.

6 § 8303. Declaration of policy of coordinated development

7 and management

8 The policy to be followed for the attainment of the objective established

9 by section 8302 of this title, and for the more effective exercise by Congress,

10 the executive branch of the Federal Government, the Mayor of the District

11 of Columbia, and all other officers, agencies, and instrumentalities of the

12 District of Columbia of their respective functions, powers, and duties in re13 spect of the Washington metropolitan region, shall be that the functions,

14 powers, and duties shall be exercised and carried out in a manner that (with

15 proper recognition of the sovereignty of Maryland and Virginia in respect

16 of those areas of the Washington metropolitan region that are located within

17 their respective jurisdictions) will best facilitate the attainment of the co18 ordinated development of the areas of the Washington metropolitan area

19 and the coordinated management of their public affairs so as to contribute

20 effectively to the solution of the community development problems of the

21 Washington metropolitan region on a unified metropolitan basis.

22 § 8304. Priority projects

23 In carrying out the policy pursuant to section 8303 of this title for the

24 attainment of the objective established by section 8302 of this title, priority

25 should be given to the solution, on a unified metropolitan basis, of the prob26 lems of water supply, sewage disposal, and water pollution and transpor27 tation.

28 CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND

29 DIRECTOR

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

30 § 8501. National Capital Service Area

31 (a) ESTABLISHMENT.—

32 (1) BOUNDARIES.—The National Capital Service Area is in the Dis33 trict of Columbia and includes the principal federal monuments, the

34 White House, the Capitol Building, the United States Supreme Court

35 Building, and the federal executive, legislative, and judicial office build36 ings located adjacent to the Mall and the Capitol Building, and is more

37 particularly described as the area bounded as follows:
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1 Beginning at that point on the present Virginia-District of Co2 lumbia boundary due west of the northernmost point of Theodore

3 Roosevelt Island and running due east to the eastern shore of the

4 Potomac River;

5 thence generally south along the shore at the mean high water

6 mark to the northwest corner of the Kennedy Center;

7 thence east along the northern side of the Kennedy Center to

8 a point where it reaches the E Street Expressway;

9 thence east on the expressway to E Street Northwest and

10 thence east on E Street Northwest to Eighteenth Street North11 west;

12 thence south on Eighteenth Street Northwest to Constitution

13 Avenue Northwest;

14 thence east on Constitution Avenue to Seventeenth Street

15 Northwest;

16 thence north on Seventeenth Street Northwest to Pennsylvania

17 Avenue Northwest;

18 thence east on Pennsylvania Avenue to Jackson Place North19 west;

20 thence north on Jackson Place to H Street Northwest;

21 thence east on H Street Northwest to Madison Place Northwest;

22 thence south on Madison Place Northwest to Pennsylvania Ave23 nue Northwest;

24 thence east on Pennsylvania Avenue Northwest to Fifteenth

25 Street Northwest;

26 thence south on Fifteenth Street Northwest to Pennsylvania Av27 enue Northwest;

28 thence southeast on Pennsylvania Avenue Northwest to John

29 Marshall Place Northwest;

30 thence north on John Marshall Place Northwest to C Street

31 Northwest;

32 thence east on C Street Northwest to Third Street Northwest;

33 thence north on Third Street Northwest to D Street Northwest;

34 thence east on D Street Northwest to Second Street Northwest;

35 thence south on Second Street Northwest to the intersection of

36 Constitution Avenue Northwest and Louisiana Avenue Northwest;

37 thence northeast on Louisiana Avenue Northwest to North Cap38 itol Street;

39 thence north on North Capitol Street to Massachusetts Avenue

40 Northwest;
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1 thence southeast on Massachusetts Avenue Northwest so as to

2 encompass Union Square;

3 thence following Union Square to F Street Northeast;

4 thence east on F Street Northeast to Second Street Northeast;

5 thence south on Second Street Northeast to D Street Northeast;

6 thence west on D Street Northeast to First Street Northeast;

7 thence south on First Street Northeast to Maryland Avenue

8 Northeast;

9 thence generally north and east on Maryland Avenue to Second

10 Street Northeast;

11 thence south on Second Street Northeast to C Street Southeast;

12 thence west on C Street Southeast to New Jersey Avenue

13 Southeast;

14 thence south on New Jersey Avenue Southeast to D Street

15 Southeast;

16 thence west on D Street Southeast to Canal Street Parkway;

17 thence southeast on Canal Street Parkway to E Street South18 east;

19 thence west on E Street Southeast to the intersection of Wash20 ington Avenue Southwest and South Capitol Street;

21 thence northwest on Washington Avenue Southwest to Second

22 Street Southwest;

23 thence south on Second Street Southwest to Virginia Avenue

24 Southwest;

25 thence generally west on Virginia Avenue to Third Street South26 west;

27 thence north on Third Street Southwest to C Street Southwest;

28 thence west on C Street Southwest to Sixth Street Southwest;

29 thence north on Sixth Street Southwest to Independence Ave30 nue;

31 thence west on Independence Avenue to Twelfth Street South32 west;

33 thence south on Twelfth Street Southwest to D Street South34 west;

35 thence west on D Street Southwest to Fourteenth Street South36 west;

37 thence south on Fourteenth Street Southwest to the middle of

38 the Washington Channel;

39 thence generally south and east along the mid-channel of the

40 Washington Channel to a point due west of the northern boundary

41 line of Fort Lesley McNair;
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1 thence due east to the side of the Washington Channel;

2 thence following generally south and east along the side of the

3 Washington Channel at the mean high water mark, to the point

4 of confluence with the Anacostia River, and along the northern

5 shore at the mean high water mark to the northern most point

6 of the Eleventh Street Bridge;

7 thence generally south and east along the northern side of the

8 Eleventh Street Bridge to the eastern shore of the Anacostia

9 River;

10 thence generally south and west along such shore at the mean

11 high water mark to the point of confluence of the Anacostia and

12 Potomac Rivers;

13 thence generally south along the eastern shore at the mean high

14 water mark of the Potomac River to the point where it meets the

15 present southeastern boundary line of the District of Columbia;

16 thence south and west along such southeastern boundary line to

17 the point where it meets the present Virginia-District of Columbia

18 boundary;

19 thence generally north and west up the Potomac River along the

20 Virginia-District of Columbia boundary to the point of beginning.

21 (2) STREETS AND SIDEWALKS INCLUDED.—Where the area in para22 graph (1) is bounded by a street, the street, and any sidewalk of the

23 street, are included in the area.

24 (3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA

25 DEEMED TO BE IN THE AREA.—Federal real property that on Decem26 ber 24, 1973, affronted or abutted the area described in paragraph (1)

27 is deemed to be in the area. For the purposes of this paragraph, federal

28 real property affronting or abutting the area described in paragraph

29 (1)—

30 (A) is deemed to include Fort Lesley McNair, the Washington

31 Navy Yard, the Anacostia Naval Annex, the United States Naval

32 Station, Bolling Air Force Base, and the Naval Research Labora33 tory; and

34 (B) does not include any area situated outside of the District

35 of Columbia boundary as it existed immediately prior to December

36 24, 1973, any part of the Anacostia Park situated east of the

37 northern side of the Eleventh Street Bridge, or any part of the

38 Rock Creek Park.

39 (b) APPLICABILITY OF OTHER PROVISIONS.—
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1 (1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT

2 AFFECTED.— Except to the extent specifically provided by this section,

3 this section does not—

4 (A) apply to the United States Capitol Buildings and Grounds

5 as defined and described in sections 5101 and 5102, any other

6 buildings and grounds under the care of the Architect of the Cap7 itol, the Supreme Court Building and grounds as described in sec8 tion 6101 of this title, and the Library of Congress buildings and

9 grounds as defined in section 11 of the Act of August 4, 1950 (2

10 U.S.C. 167j); and

11 (B) repeal, amend, alter, modify, or supersede—

12 (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of

13 the Act of July 31, 1946 (2 U.S.C. 1805, 1831, 1836, 1837,

14 or 1839), any other general law of the United States, any law

15 enacted by Congress and applicable exclusively to the District

16 of Columbia, or any rule or regulation prescribed pursuant to

17 any of those provisions, that was in effect on January 1,

18 1975, and that pertained to those buildings and grounds; or

19 (ii) any authority which existed on December 24, 1973,

20 with respect to those buildings and grounds and was vested

21 on January 1, 1975, in the Senate, the House of Representa22 tives, Congress, any committee, commission, or board of the

23 Senate, the House of Representatives, or Congress, the Archi24 tect of the Capitol or any other officer of the legislative

25 branch, the Chief Justice of the United States, the Marshal

26 of the Supreme Court, or the Librarian of Congress.

27 (2) CONTINUED APPLICATION OF LAWS, REGULATIONS, AND

28 RULES.—Except to the extent otherwise specifically provided in this

29 section, all general laws of the United States and all laws enacted by

30 the Congress and applicable exclusively to the District of Columbia, in31 cluding regulations and rules prescribed pursuant to any of those laws,

32 that were in effect on January 1, 1975, and which applied to and in

33 the areas included in the National Capital Service Area pursuant to

34 this section continue to be applicable to and in the National Capital

35 Service Area in the same manner and to the same extent as if this sec36 tion had not been enacted and remain applicable until repealed, amend37 ed, altered, modified, or superseded.

38 (c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,

39 any service or facility authorized by the District of Columbia Self-Govern40 ment and Governmental Reorganization Act (Public Law 93–198, 87 Stat.

41 774) to be rendered or furnished (including maintenance of streets and
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1 highways, and services under section 1537 of title 31) shall be made avail2 able to the Senate, the House of Representatives, Congress, any committee,

3 commission, or board of the Senate, the House of Representatives, or Con4 gress, the Architect of the Capitol, any other officer of the legislative branch

5 who on January 1, 1975, was vested with authority over those buildings and

6 grounds, the Chief Justice of the United States, the Marshal of the Su7 preme Court, and the Librarian of Congress on their request. If payment

8 would be required for the rendition or furnishing of a similar service or fa9 cility to any other federal agency, the recipient, on presentation of proper

10 vouchers and as agreed on by the parties, shall pay for the service or facility

11 in advance or by reimbursement.

12 (d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI13 DENCY.—An individual may not be denied the right to vote or otherwise

14 participate in any manner in any election in the District of Columbia solely

15 because the individual resides in the National Capital Service Area.

16 § 8502. National Capital Service Director

17 (a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive

18 Office of the President the National Capital Service Director who shall be

19 appointed by the President. The Director shall receive compensation at the

20 maximum rate established for level IV of the Executive Schedule.

21 (b) PERSONNEL.—The Director may appoint and fix the rate of com22 pensation of necessary personnel, subject to chapters 33 and 51 and sub23 chapter III of chapter 53 of title 5.

24 (c) DUTIES.—

25 (1) PRESIDENT.—The President, through the Director and using

26 District of Columbia governmental services to the extent practicable,

27 shall ensure that there is provided in the area described in section

28 8501(a) of this title adequate fire protection and sanitation services.

29 (2) DIRECTOR.—Except with respect to that part of the National

30 Capital Service Area comprising the United States Capitol Buildings

31 and Grounds as defined and described in sections 5101 and 5102, the

32 Supreme Court grounds as described in section 6101 of this title, and

33 the Library of Congress Buildings and Grounds as defined in section

34 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director shall

35 ensure that there is provided in the remainder of the area described

36 in section 8501(a) of this title adequate police protection and mainte37 nance of streets and highways.

38 CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL

39 CAPITAL REGION

SUBCHAPTER I—GENERAL

Sec.
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8701. Findings and purposes.

8702. Definitions.

SUBCHAPTER II—PLANNING AGENCIES

8711. National Capital Planning Commission

8712. Mayor of the District of Columbia.

SUBCHAPTER III—PLANNING PROCESS

8721. Comprehensive plan for the National Capital.

8722. Proposed federal and district developments and projects.

8723. Capital improvements.

8724. Zoning regulations and maps.

8725. Recommendations on platting and subdividing land.

8726. Authorization of appropriations.

SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

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

8732. Acquiring land subject to limited rights reserved to grantor and limited permanent

rights in land adjoining park property.

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

8734. Sale of land by Mayor.

8735. Sale of land by Secretary of the Interior.

8736. Execution of deeds.

8737. Authorization of appropriations.

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.—
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1 (1) IN GENERAL.—The purposes of this chapter (except sections

2 8733–8736) are—

3 (A) to secure comprehensive planning for the physical develop4 ment of the National Capital and its environs;

5 (B) to provide for the participation of the appropriate planning

6 agencies of the environs in the planning; and

7 (C) to establish the agency and procedures requisite to the ad8 ministration of the functions of the Federal and District Govern9 ments related to the planning.

10 (2) OBJECTIVE.—The general objective of this chapter (except sec11 tions 8733–8736) is to enable appropriate agencies to plan for the de12 velopment of the federal establishment at the seat of government in a

13 manner—

14 (A) consistent with the nature and function of the National

15 Capital and with due regard for the rights and prerogatives of the

16 adjoining States and local governments to exercise control appro17 priate to their functions; and

18 (B) which will, in accordance with present and future needs,

19 best promote public health, safety, morals, order, convenience,

20 prosperity, and the general welfare, as well as efficiency and econ21 omy in the process of development.

22 § 8702. Definitions

23 In this chapter—

24 (1) ENVIRONS.—The term ‘‘environs’’ means the territory sur25 rounding the District of Columbia included in the National Capital re26 gion.

27 (2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means the

28 District of Columbia and territory the Federal Government owns in the

29 environs.

30 (3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital re31 gion’’ means—

32 (A) the District of Columbia;

33 (B) Montgomery and Prince Georges Counties in Maryland;

34 (C) Arlington, Fairfax, Loudoun, and Prince William Counties

35 in Virginia; and

36 (D) all cities in Maryland or Virginia in the geographic area

37 bounded by the outer boundaries of the combined area of the

38 counties listed in subparagraphs (B) and (C).

39 (4) PLANNING AGENCY.—The term ‘‘planning agency’’ means any

40 city, county, bi-county, part-county, or regional planning agency au-
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1 thorized under state and local laws to make and adopt comprehensive

2 plans.

3 SUBCHAPTER II—PLANNING AGENCIES

4 § 8711. National Capital Planning Commission

5 (a) ESTABLISHMENT AND PURPOSE.—The National Capital Planning

6 Commission is the central federal planning agency for the Federal Govern7 ment in the National Capital, created to preserve the important historical

8 and natural features of the National Capital, except for the United States

9 Capitol buildings and grounds (as defined and described in sections 5101

10 and 5102), any extension of, or additions to, those buildings and grounds,

11 and buildings and grounds under the care of the Architect of the Capitol.

12 (b) COMPOSITION.—

13 (1) MEMBERSHIP.—The National Capital Planning Commission is

14 composed of—

15 (A) ex officio, the Secretary of the Interior, the Secretary of De16 fense, the Administrator of the General Services Administration,

17 the Mayor of the District of Columbia, the Chairman of the Coun18 cil of the District of Columbia, the chairman of the Committee on

19 Governmental Affairs of the Senate, and the chairman of the

20 Committee on Government Reform of the House of Representa21 tives, or an alternate any of those individuals designates; and

22 (B) five citizens with experience in city or regional planning,

23 three of whom shall be appointed by the President and two of

24 whom shall be appointed by the Mayor.

25 (2) RESIDENCY REQUIREMENT.—The citizen members appointed by

26 the Mayor shall be residents of the District of Columbia. Of the three

27 appointed by the President, at least one shall be a resident of Virginia

28 and at least one shall be a resident of Maryland.

29 (3) TERMS.—An individual appointed by the President serves for six

30 years. An individual appointed by the Mayor serves for four years. An

31 individual appointed to fill a vacancy shall be appointed only for the

32 unexpired term of the individual being replaced.

33 (4) PAY AND EXPENSES.—Citizen members are entitled to $100 a

34 day when performing duties vested in the Commission and to reim35 bursement for necessary expenses incurred in performing those duties.

36 (c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair37 man of the National Capital Planning Commission. The Commission may

38 elect from among its members other officers as it considers desirable.

39 (d) PERSONNEL.—The National Capital Planning Commission may em40 ploy a Director, an executive officer, and other technical and administrative

41 personnel as it considers necessary. Without regard to section 3709 of the
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1 Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and

2 subchapter III of chapter 53, of title 5, the Commission may employ the

3 temporary or intermittent (not more than one year) services of city plan4 ners, architects, engineers, appraisers, and other experts or organizations of

5 experts, as may be necessary to carry out its functions. The Commission

6 shall fix the rate of compensation so as not to exceed the rate usual for

7 similar services.

8 (e) PRINCIPAL DUTIES.—The principal duties of the National Capital

9 Planning Commission include—

10 (1) preparing, adopting, and amending a comprehensive plan for the

11 federal activities in the National Capital and making related rec12 ommendations to the appropriate developmental agencies; and

13 (2) serving as the central planning agency for the Government within

14 the National Capital region and reviewing the development programs

15 of the developmental agencies to advise as to consistency with the com16 prehensive plan.

17 (f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na18 tional Capital Planning Commission shall carry out all other functions, pow19 ers, and duties of the National Capital Park and Planning Commission, in20 cluding those formerly vested in the Highway Commission established by the

21 Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested

22 in the National Capital Park Commission by the Act of June 6, 1924 (ch.

23 270, 43 Stat. 463).

24 (g) ESTIMATE.—The National Capital Planning Commission shall submit

25 to the Office of Management and Budget before December 16 of each year

26 its estimate of the total amount to be appropriated for expenditure under

27 this chapter (except sections 8732–8736) during the next fiscal year.

28 (h) FEES.—The National Capital Planning Commission may charge fees

29 to cover the full cost of Geographic Information System products and serv30 ices the Commission supplies. The fees shall be credited to the applicable

31 appropriation account as an offsetting collection and remain available until

32 expended.

33 § 8712. Mayor of the District of Columbia

34 (a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Colum35 bia is the central planning agency for the government of the District of Co36 lumbia in the National Capital and is responsible for coordinating the plan37 ning activities of the District government and for preparing and imple38 menting the District elements of the comprehensive plan for the National

39 Capital, which may include land use elements, urban renewal and redevelop40 ment elements, a multiyear program of public works for the District, and
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1 physical, social, economic, transportation, and population elements. The

2 Mayor’s planning responsibility shall not extend to—

3 (1) federal or international projects and developments in the District,

4 as decided by the National Capital Planning Commission; or

5 (2) the United States Capitol Buildings and Grounds as defined and

6 described in sections 5101 and 5102, any extension of, or additions to,

7 those Buildings and Grounds, and buildings and grounds under the

8 care of the Architect of the Capitol.

9 (b) PARTICIPATION AND CONSULTATION.—In carrying out the respon10 sibilities under this section and section 8721 of this title, the Mayor shall

11 establish procedures for citizen participation in the planning process and for

12 appropriate meaningful consultation with any state or local government or

13 planning agency in the National Capital region affected by any aspect of

14 a comprehensive plan, including amendments, affecting or relating to the

15 District.

16 SUBCHAPTER III—PLANNING PROCESS

17 § 8721. Comprehensive plan for the National Capital

18 (a) PREPARATION AND ADOPTION BY COMMISSION.—The National Cap19 ital Planning Commission shall prepare and adopt a comprehensive, con20 sistent, and coordinated plan for the National Capital. The plan shall in21 clude the Commission’s recommendations or proposals for federal develop22 ments or projects in the environs and District elements of the comprehen23 sive plan, or amendments to the elements, adopted by the Council of the

24 District of Columbia and with respect to which the Commission has not de25 termined a negative impact exists. Those elements or amendments shall be

26 incorporated into the comprehensive plan without change. The Commission

27 may include in its plan any part of a plan adopted by any planning agency

28 in the environs and may make recommendations of collateral interest to the

29 agencies. The Commission may adopt any part of an element. The Commis30 sion shall review and may amend or extend the plan so that its rec31 ommendations may be kept up to date.

32 (b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District of

33 Columbia shall submit each District element of the comprehensive plan, and

34 any amendment, to the Council for revision or modification, and adoption,

35 by act, following public hearings. Following adoption and prior to implemen36 tation, the Council shall submit each element or amendment to the Commis37 sion for review and comment with regard to the impact of the element or

38 amendment on the interests or functions of the federal establishment in the

39 National Capital.

40 (c) COMMISSION RESPONSE TO COUNCIL ACTION.—
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1 (1) PERIOD OF REVIEW.—Within 60 days after receiving an element

2 or amendment from the Council, the Commission shall certify to the

3 Council whether the element or amendment has a negative impact on

4 the interests or functions of the federal establishment in the National

5 Capital.

6 (2) NO NEGATIVE IMPACT.—If the Commission takes no action in

7 the 60-day period, the element or amendment is deemed to have no

8 negative impact and shall be incorporated into the comprehensive plan

9 for the National Capital and implemented.

10 (3) NEGATIVE IMPACT.—

11 (A) CERTIFICATION TO COUNCIL.—If the Commission finds a

12 negative impact, it shall certify its findings and recommendations

13 to the Council.

14 (B) RESPONSE OF COUNCIL.—On receipt of the Commission’s

15 findings and recommendations, the Council may—

16 (i) accept the findings and recommendations and modify

17 the element or amendment accordingly; or

18 (ii) reject the findings and recommendations and resubmit

19 a modified form of the element or amendment to the Commis20 sion for reconsideration.

21 (C) FINDINGS AND RECOMMENDATIONS ACCEPTED.—If the

22 Council accepts the findings and recommendations and modifies

23 the element or amendment, the Council shall submit the element

24 or amendment to the Commission for the Commission to deter25 mine whether the modification has been made in accordance with

26 the Commission’s findings and recommendations. If the Commis27 sion doesn’t act on the modified element or amendment within 30

28 days after receiving it, the element or amendment is deemed to

29 have been modified in accordance with the findings and rec30 ommendations and shall be incorporated into the comprehensive

31 plan for the National Capital and implemented. If within the 30-

32 day period the Commission again determines the element or

33 amendment has a negative impact on the functions or interests of

34 the federal establishment in the National Capital, the element or

35 amendment shall not be implemented.

36 (D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the

37 Council rejects the findings and recommendations and resubmits

38 a modified element or amendment, the Commission, within 60

39 days after receiving it, shall decide whether the modified element

40 or amendment has a negative impact on the interests or functions

41 of the federal establishment within the National Capital. If the
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1 Commission doesn’t act within the 60-day period, the modified ele2 ment or amendment is deemed to have no negative impact and

3 shall be incorporated into the comprehensive plan and imple4 mented. If the Commission finds a negative impact, it shall certify

5 its findings (in sufficient detail that the Council can understand

6 the basis of the objection of the Commission) and recommenda7 tions to the Council and the element or amendment shall not be

8 implemented.

9 (d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele10 ment or amendment which the Commission has determined has a negative

11 impact on the federal establishment in the National Capital which is sub12 mitted again in a modified form not less than one year from the day it was

13 last rejected by the Commission is deemed to be a new element or amend14 ment for purposes of the review procedure specified in this section.

15 (e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—

16 (1) REVIEW.—Before the comprehensive plan, any element of the

17 plan, or any revision is adopted, the Commission shall present the plan,

18 element, or revision to the appropriate federal or District of Columbia

19 authorities for comment and recommendations. The Commission may

20 present the proposed revisions annually in a consolidated form. Rec21 ommendations by federal and District of Columbia authorities are not

22 binding on the Commission, but the Commission shall give careful con23 sideration to any views and recommendations submitted prior to final

24 adoption.

25 (2) HEARINGS AND CITIZEN ADVISORY COUNCILS.—The

26 Commission—

27 (A) may provide periodic opportunity for review and comments

28 by nongovernmental agencies or groups through public hearings,

29 meetings, or conferences, exhibitions, and publication of its plans;

30 and

31 (B) in consultation with the Council, may encourage the forma32 tion of citizen advisory councils.

33 (f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission,

34 the Council may grant an extension of any time limitation contained in this

35 section.

36 (g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the Commis37 sion and the Mayor jointly shall publish a comprehensive plan for the Na38 tional Capital, consisting of the elements of the comprehensive plan for the

39 federal activities in the National Capital developed by the Commission and

40 the District elements developed by the Mayor and the Council in accordance

41 with this section.
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1 (h) PROCEDURES FOR CONSULTATION.—

2 (1) COMMISSION AND MAYOR.—The Commission and the Mayor

3 jointly shall establish procedures for appropriate meaningful continuing

4 consultation throughout the planning process for the National Capital.

5 (2) GOVERNMENT AGENCIES.—In order that the National Capital

6 may be developed in accordance with the comprehensive plan, the Com7 mission, with the consent of each agency concerned as to its represen8 tation, may establish advisory and coordinating committees composed

9 of representatives of agencies of the Federal and District of Columbia

10 Governments as may be necessary or helpful to obtain the maximum

11 amount of cooperation and correlation of effort among the various

12 agencies. As it considers appropriate, the Commission may invite rep13 resentatives of the planning and developmental agencies of the environs

14 to participate in the work of the committees.

15 § 8722. Proposed federal and district developments and

16 projects

17 (a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING AGENCY.—

18 Agencies of the Federal Government responsible for public developments

19 and projects shall cooperate and correlate their efforts by using the National

20 Capital Planning Commission as the central planning agency for federal ac21 tivities in the National Capital region. To aid the Commission in carrying

22 out this function, federal and District of Columbia governmental agencies

23 on request of the Commission shall furnish plans, data, and records the

24 Commission requires. The Commission on request shall furnish related

25 plans, data, and records to federal and District of Columbia governmental

26 agencies.

27 (b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.—

28 (1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the com29 prehensive planning and orderly development of the National Capital,

30 a federal or District of Columbia agency, before preparing construction

31 plans the agency originates for proposed developments and projects or

32 before making a commitment to acquire land, to be paid for at least

33 in part from federal or District amounts, shall advise and consult with

34 the Commission as the agency prepares plans and programs in prelimi35 nary and successive stages that affect the plan and development of the

36 National Capital. After receiving the plans, maps, and data, the Com37 mission promptly shall make a preliminary report and recommenda38 tions to the agency. If the agency, after considering the report and rec39 ommendations of the Commission, does not agree, it shall advise the

40 Commission and provide the reasons why it does not agree. The Com41 mission then shall submit a final report. After consultation and suitable
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1 consideration of the views of the Commission, the agency may proceed

2 to take action in accordance with its legal responsibilities and author3 ity.

4 (2) EXCEPTIONS.—

5 (A) IN GENERAL.—Paragraph (1) does not apply to projects

6 within the Capitol grounds or to structures erected by the Depart7 ment of Defense during wartime or national emergency within ex8 isting military, naval, or Air Force reservations, except that the

9 appropriate defense agency shall consult with the Commission as

10 to any developments which materially affect traffic or require co11 ordinated planning of the surrounding area.

12 (B) ADVANCE DECISIONS OF COMMISSION.—The Commission

13 shall determine in advance the type or kinds of plans, develop14 ments, projects, improvements, or acquisitions which do not need

15 to be submitted for review by the Commission as to conformity

16 with its plans.

17 (c) ADDITIONAL PROCEDURE FOR DEVELOPMENTS AND PROJECTS

18 WITHIN ENVIRONS.—

19 (1) SUBMISSION TO COMMISSION.—Within the environs, general

20 plans showing the location, character, and extent of, and intensity of

21 use for, proposed federal and District developments and projects involv22 ing the acquisition of land shall be submitted to the Commission for

23 report and recommendations before a final commitment to the acquisi24 tion is made, unless the matter specifically has been approved by law.

25 (2) COMMISSION ACTION.—Before acting on any general plan, the

26 Commission shall advise and consult with the appropriate planning

27 agency having jurisdiction over the affected part of the environs. When

28 the Commission decides that proposed developments or projects sub29 mitted to the Commission under subsection (b) involve a major change

30 in the character or intensity of an existing use in the environs, the

31 Commission shall advise and consult with the planning agency. The re32 port and recommendations shall be submitted within 60 days and shall

33 be accompanied by any reports or recommendations of the planning

34 agency.

35 (3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In

36 carrying out its planning functions with respect to federal developments

37 or projects in the environs, the Commission may work with, and make

38 agreements with, any state or local authority or planning agency as the

39 Commission considers necessary to have a plan or proposal adopted

40 and carried out.
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1 (d) APPROVAL OF DISTRICT GOVERNMENT BUILDINGS IN CENTRAL

2 AREA.—Section 16 of the Act of June 20, 1938 (§ 5–432 of the District

3 of Columbia Code), is extended to include public buildings erected by any

4 agency of the Government of the District of Columbia in the central area

5 of the District (as defined by concurrent action of the Commission and the

6 Council of the District of Columbia), except that the Commission shall

7 transmit its approval or disapproval within 30 days after the day the pro8 posal was submitted to the Commission.

9 § 8723. Capital improvements

10 (a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National

11 Capital Planning Commission shall recommend a six-year program of public

12 works projects for the Federal Government which the Commission shall re13 view annually with the agencies concerned. Each federal agency shall submit

14 to the Commission in the first quarter of each fiscal year a copy of its ad15 vance program of capital improvements within the National Capital and its

16 environs.

17 (b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By

18 February 1 of each year, the Mayor of the District of Columbia shall submit

19 to the Commission a copy of the multiyear capital improvements plan for

20 the District of Columbia that the Mayor develops under section 444 of the

21 District of Columbia Self-Government and Governmental Reorganization

22 Act (§ 47–303 of the District of Columbia Code). The Commission has 30

23 days in which to comment on the plan but may not change or disapprove

24 of the plan.

25 § 8724. Zoning regulations and maps

26 (a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The National

27 Capital Planning Commission may make a report and recommendation to

28 the Zoning Commission of the District of Columbia, as provided in section

29 5 of the Act of June 20, 1938 (§ 5–417 of the District of Columbia Code),

30 on the relation, conformity, or consistency of proposed amendments of the

31 zoning regulations and maps with the comprehensive plan for the National

32 Capital. The Planning Commission may also submit to the Zoning Commis33 sion proposed amendments or general revisions to the zoning regulations or

34 the zoning map for the District of Columbia.

35 (b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When requested

36 by an authorized representative of the Planning Commission, the Zoning

37 Commission may recess for a reasonable period of time any public hearing

38 it is holding to consider a proposed amendment to the zoning regulations

39 or map so that the Planning Commission may have an opportunity to

40 present to the Zoning Commission an additional report on the proposed

41 amendment.
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1 (c) ZONING COMMITTEE OF NATIONAL CAPITAL PLANNING COMMIS2 SION.—

3 (1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com4 mittee of the National Capital Planning Commission. The Committee

5 consists of at least three members of the Planning Commission the

6 Planning Commission designates for that purpose. The number of

7 members serving on the Committee may vary.

8 (2) DUTIES.—The Committee shall carry out the functions vested in

9 the Planning Commission under this section and section 8725 of this

10 title—

11 (A) to the extent the Planning Commission decides; and

12 (B) when requested by the Zoning Commission and approved by

13 the Planning Commission.

14 § 8725. Recommendations on platting and subdividing land

15 (a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council of the

16 District of Columbia shall submit any proposed change in, or addition to,

17 the regulations or general orders regulating the platting and subdividing of

18 lands and grounds in the District of Columbia to the National Capital Plan19 ning Commission for report and recommendation before the Council adopts

20 the change or addition. The Council shall advise the Commission when it

21 does not agree with the recommendations of the Commission and shall give

22 the reasons why it disagrees. The Commission then shall submit a final re23 port within 30 days. After considering the final report, the Council may act

24 in accordance with its legal responsibilities and authority.

25 (b) BY PLANNING COMMISSION.—The Commission shall submit to the

26 Council any proposed change in, or amendment to, the general orders that

27 the Commission considers appropriate. The Council shall treat the amend28 ments proposed in the same manner as other proposed amendments.

29 § 8726. Authorization of appropriations

30 Amounts necessary to carry out this subchapter may be appropriated

31 from money in the Treasury not otherwise appropriated and from any ap32 propriate appropriation law, except the annual District of Columbia Appro33 priation Act.

34 SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

35 § 8731. Acquiring land for park, parkway, or playground

36 purposes

37 (a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning

38 Commission shall acquire land the Planning Commission believes is nec39 essary and desirable in the District of Columbia and adjacent areas in

40 Maryland and Virginia for suitable development of the National Capital

41 park, parkway, and playground system. The acquisition must be within the
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1 limits of the appropriations made for those purposes. The Planning Com2 mission shall request the advice of the Commission of Fine Arts in selecting

3 land to be acquired.

4 (b) HOW LAND MAY BE ACQUIRED.—

5 (1) PURCHASE OR CONDEMNATION PROCEEDING.—The National

6 Capital Planning Commission may buy land when the land can be ac7 quired at a price the Planning Commission considers reasonable or by

8 a condemnation proceeding when the land cannot be bought at a rea9 sonable price.

10 (2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro11 ceeding to acquire land in the District of Columbia shall be conducted

12 in accordance with chapter 13 of title 16 of the District of Columbia

13 Code (§ 16-1301 et seq.).

14 (3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission

15 may acquire land in Maryland or Virginia under arrangements agreed

16 to by the Commission and the proper officials of Maryland or Virginia.

17 (c) CONTROL OF LAND.—

18 (1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in the

19 District of Columbia shall be a part of the park system of the District

20 of Columbia and be under the control of the Director of the National

21 Park Service. The National Capital Planning Commission may assign

22 areas suitable for playground purposes to the control of the Mayor of

23 the District of Columbia for playground purposes.

24 (2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland

25 or Virginia shall be controlled as determined by agreement between the

26 Planning Commission and the proper officials of Maryland or Virginia.

27 (d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all land to

28 be acquired by condemnation, all contracts to purchase land, and all agree29 ments between the National Capital Planning Commission and the officials

30 of Maryland and Virginia are subject to the approval of the President.

31 § 8732. Acquiring land subject to limited rights reserved to

32 grantor and limited permanent rights in land ad33 joining park property

34 (a) IN GENERAL.—The National Capital Planning Commission in accord35 ance with this chapter may acquire, for and in behalf of the Federal Gov36 ernment, by gift, devise, purchase, or condemnation—

37 (1) fee title to land subject to limited rights, but not for business

38 purposes, reserved to the grantor; and

39 (2) permanent rights in land adjoining park property sufficient to

40 prevent the use of the land in certain specified ways which would essen41 tially impair the value of the park property for its purposes.
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1 (b) PREREQUISITES TO ACQUISITION.—

2 (1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The res3 ervation of rights to the grantor shall not continue beyond the life of

4 the grantor of the fee. The Commission must decide that the perma5 nent public park purposes for which control over the land is needed are

6 not essentially impaired by the reserved rights and that there is a sub7 stantial saving in cost by acquiring the land subject to the limited

8 rights as compared with the cost of acquiring unencumbered title to the

9 land.

10 (2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—The

11 Commission must decide that the protection and maintenance of the es12 sential public values of the park can be secured more economically by

13 acquiring the permanent rights than by acquiring the land.

14 (c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire land

15 or rights under this section are subject to the approval of the President.

16 § 8733. Lease of land acquired for park, parkway, or play17 ground purposes

18 The Administrator of General Services may lease, for not more than five

19 years, land or an existing building or structure on land acquired for park,

20 parkway, or playground purposes, and may renew the lease for an additional

21 five years. A lease or renewal under this section is—

22 (1) subject to the approval of the National Capital Planning Com23 mission;

24 (2) subject to the need for the immediate use of the land, building,

25 or structure in other ways by the public; and

26 (3) on terms the Administrator decides.

27 § 8734. Sale of land by Mayor

28 (a) AUTHORITY TO SELL.—With the approval of the National Capital

29 Planning Commission, the Mayor of the District of Columbia, for the best

30 interests of the District of Columbia, may sell to the highest bidder at pub31 lic or private sale real estate in the District of Columbia owned in fee simple

32 by the District of Columbia for municipal use that the Council of the Dis33 trict of Columbia and the Commission find to be no longer required for pub34 lic purposes.

35 (b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—

36 (1) may pay the reasonable and necessary expenses of the sale of

37 each parcel of land sold; and

38 (2) shall deposit the net proceeds of each sale in the Treasury to the

39 credit of the District of Columbia.
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1 § 8735. Sale of land by Secretary of the Interior

2 (a) AUTHORITY TO SELL.—With the approval of the National Capital

3 Planning Commission, the Secretary of the Interior, for the best interests

4 of the Federal Government, may sell, by deed or instrument, real estate held

5 by the Government in the District of Columbia and under the jurisdiction

6 of the National Park Service which may be no longer needed for public pur7 poses. The land may be sold for cash or on a deferred-payment plan the

8 Secretary approves, at a price not less than the Government paid for it and

9 not less than its present appraised value as determined by the Secretary.

10 (b) SALE TO HIGHEST BIDDER.—In selling any parcel of land under this

11 section, the Secretary shall have public or private solicitation for bids or of12 fers be made as the Secretary considers appropriate. The Secretary shall sell

13 the parcel to the party agreeing to pay the highest price if the price is oth14 erwise satisfactory. If the price offered or bid by the owner of land abutting

15 the land to be sold equals the highest price offered or bid by any other

16 party, the parcel may be sold to the owner of the abutting land.

17 (c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Secretary—

18 (1) may pay the reasonable and necessary expenses of the sale of

19 each parcel of land sold; and

20 (2) shall deposit the net proceeds of each sale in the Treasury to the

21 credit of the Government and the District of Columbia in the propor22 tion that each—

23 (A) paid the appropriations used to acquire the parcels; or

24 (B) was obligated to pay the appropriations, at the time of ac25 quisition, by reimbursement.

26 § 8736. Execution of deeds

27 The Mayor of the District of Columbia may execute deeds of conveyance

28 for real estate sold under this subchapter. The deeds shall contain a full

29 description of the land sold as required by law.

30 § 8737. Authorization of appropriations

31 An amount equal to not more than one cent for each inhabitant of the

32 continental United States as determined by the last preceding decennial cen33 sus may be appropriated each year in the District of Columbia Appropria34 tion Act for the National Capital Planning Commission to use for the pay35 ment of its expenses and for the acquisition of land the Commission may

36 acquire under section 8731 of this title for the purposes named, including

37 compensation for the land, surveys, ascertainment of title, condemnation

38 proceedings, and necessary conveyancing. The appropriated amounts shall

39 be paid from the revenues of the District of Columbia and the general

40 amounts of the Treasury in the same proportion as other expenses of the

41 District of Columbia.
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1 CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND

2 COMMEMORATIVE WORKS

Sec.

8901. Purposes.

8902. Definitions and nonapplication.

8903. Congressional authorization of commemorative works.

8904. National Capital Memorial Commission.

8905. Site and design approval.

8906. Criteria for issuance of construction permit.

8907. Temporary site designation.

8908. Area I and Area II.

8909. Administrative.

3 § 8901. Purposes

4 The purposes of this chapter are—

5 (1) to preserve the integrity of the comprehensive design of the

6 L’Enfant and McMillan plans for the Nation’s Capital;

7 (2) to ensure the continued public use and enjoyment of open space

8 in the District of Columbia;

9 (3) to preserve, protect and maintain the limited amount of open

10 space available to residents of, and visitors to, the Nation’s Capital;

11 and

12 (4) to ensure that future commemorative works in areas adminis13 tered by the National Park Service and the Administrator of General

14 Services in the District of Columbia and its environs—

15 (A) are appropriately designed, constructed, and located; and

16 (B) reflect a consensus of the lasting national significance of the

17 subjects involved.

18 § 8902. Definitions and nonapplication

19 (a) DEFINITIONS.—In this chapter, the following definitions apply:

20 (1) COMMEMORATIVE WORK.—The term ‘‘commemorative work’’—

21 (A) means any statue, monument, sculpture, memorial, plaque,

22 inscription, or other structure or landscape feature, including a

23 garden or memorial grove, designed to perpetuate in a permanent

24 manner the memory of an individual, group, event or other signifi25 cant element of American history; but

26 (B) does not include an item described in subclause (A) that is

27 located within the interior of a structure or a structure which is

28 primarily used for other purposes.

29 (2) PERSON.—The term ‘‘person’’ means—

30 (A) a public agency; and

31 (B) an individual, group or organization—

32 (i) described in section 501(c)(3) of the Internal Revenue

33 Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax

34 under section 501(a) of the Code (26 U.S.C. 501(a)); and
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1 (ii) authorized by Congress to establish a commemorative

2 work in the District of Columbia and its environs.

3 (3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term

4 ‘‘the District of Columbia and its environs’’ means land and property

5 located in Areas I and II as depicted on the map numbered 869/86501,

6 and dated May 1, 1986, that the National Park Service and the Ad7 ministrator of General Services administer.

8 (b) NONAPPLICATION.—This chapter does not apply to commemorative

9 works authorized by a law enacted before January 3, 1985.

10 § 8903. Congressional authorization of commemorative

11 works

12 (a) IN GENERAL.—Commemorative works—

13 (1) may be established on federal lands referred to in section

14 8901(4) of this title only as specifically authorized by law; and

15 (2) are subject to applicable provisions of this chapter.

16 (b) MILITARY COMMEMORATIVE WORKS.—A military commemorative

17 work may be authorized only to commemorate a war or similar major mili18 tary conflict or a branch of the armed forces. A commemorative work com19 memorating a lesser conflict or a unit of an armed force may not be author20 ized. Commemorative works to a war or similar major military conflict may

21 not be authorized until at least 10 years after the officially designated end

22 of the event.

23 (c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—A

24 commemorative work commemorating an event, individual, or group of indi25 viduals, except a military commemorative work as described in subsection

26 (b), may not be authorized until after the 25th anniversary of the event,

27 death of the individual, or death of the last surviving member of the group.

28 (d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMIS29 SION.—In considering legislation authorizing commemorative works in the

30 District of Columbia and its environs, the Committee on House Administra31 tion of the House of Representatives and the Committee on Energy and

32 Natural Resources of the Senate shall solicit the views of the National Cap33 ital Memorial Commission.

34 (e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative authority for

35 a commemorative work expires at the end of the seven-year period beginning

36 on the date the authority is enacted unless the Secretary of the Interior or

37 Administrator of General Services, as appropriate, has issued a construction

38 permit for the commemorative work during that period.

39 § 8904. National Capital Memorial Commission

40 (a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital

41 Memorial Commission. The membership of the Commission consists of—
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1 (1) the Director of the National Park Service;

2 (2) the Architect of the Capitol;

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

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

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

6 (6) the Mayor of the District of Columbia;

7 (7) the Commissioner of the Public Building Service of the General

8 Services Administration; and

9 (8) the Secretary of Defense.

10 (b) CHAIRMAN.—The Director is the Chairman of the National Capital

11 Memorial Commission.

12 (c) ADVISORY ROLE.—The National Capital Memorial Commission shall

13 advise the Secretary of the Interior and the Administrator of General Serv14 ices on policy and procedures for establishment of, and proposals to estab15 lish, commemorative works in the District of Columbia and its environs and

16 on other matters concerning commemorative works in the Nation’s Capital

17 as the Commission considers appropriate.

18 (d) MEETINGS.—The National Capital Memorial Commission shall meet

19 at least twice annually.

20 § 8905. Site and design approval

21 (a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—Before re22 questing a permit for the construction of a commemorative work, a person

23 authorized by law to establish a commemorative work in the District of Co24 lumbia and its environs—

25 (1) must consult with the National Capital Memorial Commission re26 garding the selection of alternative sites and designs for the commemo27 rative work; and

28 (2) following consultation in accordance with paragraph (1), must

29 have the Secretary of the Interior or the Administrator of General

30 Services, as appropriate, submit, on behalf of the person, site and de31 sign proposals to the Commission of Fine Arts and the National Cap32 ital Planning Commission for their approval.

33 (b) DECISION CRITERIA.—In considering site and design proposals, the

34 Commission of Fine Arts, National Capital Planning Commission, Sec35 retary, and Administrator shall be guided by, but not limited by, the fol36 lowing criteria:

37 (1) SURROUNDINGS.—To the maximum extent possible, a commemo38 rative work shall be located in surroundings that are relevant to the

39 subject of the work.

40 (2) LOCATION.—A commemorative work shall be located so that—
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1 (A) it does not interfere with, or encroach on, an existing com2 memorative work; and

3 (B) to the maximum extent practicable, it protects open space

4 and existing public use.

5 (3) MATERIAL.—A commemorative work shall be constructed of du6 rable material suitable to the outdoor environment.

7 (4) LANDSCAPE FEATURES.—Landscape features of commemorative

8 works shall be compatible with the climate.

9 § 8906. Criteria for issuance of construction permit

10 (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the

11 construction of a commemorative work in the District of Columbia and its

12 environs, the Secretary of the Interior or Administrator of General Services,

13 as appropriate, shall determine that—

14 (1) the site and design have been approved by the Secretary or Ad15 ministrator, the National Capital Planning Commission and the Com16 mission of Fine Arts;

17 (2) knowledgeable individuals qualified in the field of preservation

18 and maintenance have been consulted to determine structural sound19 ness and durability of the commemorative work and to ensure that the

20 commemorative work meets high professional standards;

21 (3) the person authorized to construct the commemorative work has

22 submitted contract documents for construction of the commemorative

23 work to the Secretary or Administrator; and

24 (4) the person authorized to construct the commemorative work has

25 available sufficient amounts to complete construction of the project.

26 (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

27 (1) AMOUNT.—In addition to the criteria described in subsection (a),

28 a construction permit may not be issued unless the person authorized

29 to construct the commemorative work has donated an amount equal to

30 10 percent of the total estimated cost of construction to offset the costs

31 of perpetual maintenance and preservation of the commemorative work.

32 The amounts shall be credited to a separate account in the Treasury.

33 (2) AVAILABILITY.—The Secretary of the Treasury shall make any

34 part of the donated amount available to the Secretary of the Interior

35 or Administrator for maintenance at the request of the Secretary of the

36 Interior or Administrator. The Secretary of the Interior or Adminis37 trator shall not request more from the separate account than the total

38 amount deposited by persons establishing commemorative works in

39 areas the Secretary of the Interior or Administrator administers.

40 (3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the In41 terior and Administrator shall maintain an inventory of amounts avail-
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1 able under this subsection. The amounts are not subject to annual ap2 propriations.

3 (4) NONAPPLICABILITY.—This subsection does not apply when a de4 partment or agency of the Federal Government constructs the work

5 and less than 50 percent of the funding for the work is provided by

6 private sources.

7 (c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The Sec8 retary of the Interior or Administrator may suspend any activity under this

9 chapter that relates to the establishment of a commemorative work if the

10 Secretary or Administrator determines that fundraising efforts relating to

11 the work have misrepresented an affiliation with the work or the Federal

12 Government.

13 (d) ANNUAL REPORT.—The person authorized to construct a commemo14 rative work under this chapter must submit to the Secretary of the Interior

15 or Administrator an annual report of operations, including financial state16 ments audited by an independent certified public accountant. The person

17 shall pay for the report.

18 § 8907. Temporary site designation

19 (a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior, in

20 consultation with the National Capital Memorial Commission, determines

21 that a site where commemorative works may be displayed on a temporary

22 basis is necessary to aid in the preservation of the limited amount of open

23 space available to residents of, and visitors to, the Nation’s Capital, a site

24 may be designated on land the Secretary administers in the District of Co25 lumbia.

26 (b) PLAN.—A designation may be made under subsection (a) only if, at

27 least 120 days before the designation, the Secretary, in consultation with

28 the Commission, prepares and submits to Congress a plan for the site. The

29 plan shall include specifications for the location, construction, and adminis30 tration of the site and criteria for displaying commemorative works at the

31 site.

32 (c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work dis33 played at the site shall be installed, maintained, and removed at the sole

34 expense and risk of the person authorized to display the work. The person

35 shall agree to indemnify the United States for any liability arising from the

36 display of the commemorative work under this section.

37 § 8908. Areas I and II

38 (a) AVAILABILITY OF MAP.—The Secretary of the Interior and Adminis39 trator of General Services shall make available, for public inspection at ap40 propriate offices of the National Park Service and the General Services Ad41 ministration, the map numbered 869/86501, and dated May 1, 1986.
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1 (b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—

2 (1) AREA I.—After seeking the advice of the National Capital Memo3 rial Commission, the Secretary or Administrator, as appropriate, may

4 recommend the location of a commemorative work in Area I only if the

5 Secretary or Administrator decides that the subject of the commemora6 tive work is of preeminent historical and lasting significance to the

7 United States. The Secretary or Administrator shall notify the Com8 mission, the Committee on House Administration of the House of Rep9 resentatives, and the Committee on Energy and Natural Resources of

10 the Senate of the recommendation that a commemorative work should

11 be located in Area I. The location of a commemorative work in Area

12 I is deemed to be authorized only if the recommendation is approved

13 by law not later than 150 calendar days after the notification.

14 (2) AREA II.—Commemorative works of subjects of lasting historical

15 significance to the American people may be located in Area II.

16 § 8909. Administrative

17 (a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUC18 TION.—Complete documentation of design and construction of each com19 memorative work located in the District of Columbia and its environs shall

20 be provided to the Secretary of the Interior or Administrator of General

21 Services, as appropriate, and shall be permanently maintained in the man22 ner provided by law.

23 (b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On

24 completion of any commemorative work in the District of Columbia and its

25 environs, the Secretary or Administrator, as appropriate, shall assume re26 sponsibility for maintaining the work.

27 (c) REGULATIONS OR STANDARDS.—The Secretary and Administrator

28 shall prescribe appropriate regulations or standards to carry out this chap29 ter.

30 CHAPTER 91—COMMISSION OF FINE ARTS

Sec.

9101. Establishment, composition, and vacancies.

9102. Duties.

9103. Personnel.

9104. Authorization of appropriations.

31 § 9101. Establishment, composition, and vacancies

32 (a) ESTABLISHMENT.—There is a Commission of Fine Arts.

33 (b) COMPOSITION.—The Commission is composed of seven well-qualified

34 judges of the fine arts, appointed by the President, who serve for four years

35 each or until their successors are appointed and qualified.

36 (c) VACANCIES.—The President shall fill vacancies on the Commission.
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1 (d) EXPENSES.—Members of the Commission shall be paid actual ex2 penses in traveling to and from the District of Columbia to attend Commis3 sion meetings and while attending those meetings.

4 § 9102. Duties

5 (a) IN GENERAL.—The Commission of Fine Arts shall advise on—

6 (1) the location of statues, fountains, and monuments in the public

7 squares, streets, and parks in the District of Columbia;

8 (2) the selection of models for statues, fountains, and monuments

9 erected under the authority of the Federal Government;

10 (3) the selection of artists to carry out clause (2); and

11 (4) questions of art generally when required to do so by the Presi12 dent or a committee of Congress.

13 (b) DUTY TO REQUEST ADVICE.—The officers required to decide the

14 questions described in subsection (a)(1)–(3) shall request the Commission

15 to provide the advice.

16 (c) NONAPPLICATION.—This section does not apply to the Capitol Build17 ing and the Library of Congress buildings.

18 § 9103. Personnel

19 The Commission of Fine Arts has a secretary and other assistance the

20 Commission authorizes. The secretary is the executive officer of the Com21 mission.

22 § 9104. Authorization of appropriations

23 Necessary amounts may be appropriated to carry out this chapter.

24 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.

25 § 9301. Maintenance and admininstration

26 The Director of the National Park Service shall maintain and administer

27 Theodore Roosevelt Island as a natural park for the recreation and enjoy28 ment of the public.

29 § 9302. Consent of Theodore Roosevelt Association required

30 for development

31 (a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Asso32 ciation must approve every general plan for the development of Theodore

33 Roosevelt Island.

34 (b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Associa35 tion remains in existence, development inconsistent with the general plan

36 may not be carried out without the Association’s consent.
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1 § 9303. Access to Theodore Roosevelt Island

2 Subject to the approval of the National Capital Planning Commission and

3 the availability of appropriations, the Director of the National Park Service

4 may provide suitable means of access to and on Theodore Roosevelt Island.

5 § 9304. Source of appropriations

6 The appropriations needed for construction of suitable means of access

7 to and on Theodore Roosevelt Island and annually for the care, mainte8 nance, and improvement of the land and improvements may be made from

9 amounts not otherwise appropriated from the Treasury.

10 CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

11 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.

12 § 9501. Chief of Engineers

13 (a) SUPERINTENDENCE DUTIES.—

14 (1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IM15 PROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engi16 neers has the immediate superintendence of—

17 (A) the Washington Aqueduct, together with all rights, appur18 tenances, and fixtures connected with the Aqueduct and belonging

19 to the Federal Government; and

20 (B) all other public works and improvements in the District of

21 Columbia in which the Government has an interest and which are

22 not otherwise specially provided for by law.

23 (2) OBEYING REGULATIONS.—In carrying out paragraph (1), the

24 Chief of Engineers shall obey regulations the President prescribes,

25 through the Secretary of the Army.

26 (b) NO INCREASE IN COMPENSATION.—The Chief of Engineers shall not

27 receive additional compensation for the services required under this chapter.

28 (c) OFFICE.—The Chief of Engineers shall be furnished an office in one

29 of the public buildings in the District of Columbia, as the Administrator of

30 General Services directs, and shall be supplied by the Federal Government

31 with stationery, instruments, books, and furniture which may be required

32 for the performance of the duties of the Chief of Engineers.

33 § 9502. Authority of Chief of Engineers

34 (a) IN GENERAL.—The Chief of Engineers and necessary assistants may

35 use all lawful means to carry out their duties.
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1 (b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—

2 (1) PROVIDING WATER.—The Chief of Engineers has complete con3 trol over the Washington Aqueduct to regulate the manner in which the

4 authorities of the District of Columbia may tap the supply of water to

5 the inhabitants of the District of Columbia.

6 (2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall stop

7 the authorities of the District of Columbia from tapping the supply of

8 water when the supply is no more than adequate to the wants of the

9 public buildings and grounds.

10 (3) APPEAL OF DECISION.—The decision of the Chief of Engineers

11 on all questions concerning the supply of water under this subsection

12 may be appealed only to the Secretary of the Army.

13 § 9503. Record of property

14 The Chief of Engineers shall keep in the office a complete record of all

15 land and other property connected with or belonging to the Washington Aq16 ueduct and other public works under the charge of the Chief of Engineers,

17 together with accurate plans and surveys of the public grounds and reserva18 tions in the District of Columbia.

19 § 9504. Reports

20 As superintendent of the Washington Aqueduct, the Chief of Engineers

21 annually shall submit to the Secretary of the Army, within nine months

22 after the end of the fiscal year, a report of the Chief of Engineers’ oper23 ations for that year and a report of the condition, progress, repairs, casual24 ties, and expenditures of the Washington Aqueduct and other public works

25 under the charge of the Chief of Engineers.

26 § 9505. Paying for main pipes

27 (a) FEDERAL GOVERNMENT.—The Federal Government shall only pay

28 for the number of main pipes of the Washington Aqueduct needed to fur29 nish public buildings, offices, and grounds with the necessary supply of

30 water.

31 (b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the

32 cost of any main pipe of the Washington Aqueduct which supplies water to

33 the inhabitants of the District of Columbia, in the manner provided by law.

34 § 9506. Civil penalty

35 A person that, without the consent of the Chief of Engineers, taps or

36 opens the mains or pipes laid by the Federal Government is liable to the

37 Government for a civil penalty of at least $50 and not more than $500.

38 § 9507. Control of expenditures

39 Unless expressly provided for by law, the Secretary of the Army shall di40 rect the expenditure of amounts appropriated for the Washington Aqueduct

41 and for other public works in the District of Columbia.
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1 SUBTITLE III—INFORMATION TECHNOLOGY

2 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

3 CHAPTER 111—GENERAL

Sec.

11101. Definitions.

11102. Sense of Congress.

11103. Applicability to national security systems.

4 § 11101. Definitions

5 In this subtitle, the following definitions apply:

6 (1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the

7 meaning given that term in section 4(12) of the Office of Federal Pro8 curement Policy Act (41 U.S.C. 403(12)).

9 (2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the

10 meaning given that term in section 4(1) of the Act (41 U.S.C. 403(1)).

11 (3) INFORMATION RESOURCES.—The term ‘‘information resources’’

12 has the meaning given that term in section 3502(6) of title 44.

13 (4) INFORMATION RESOURCES MANAGEMENT.—The term ‘‘informa14 tion resources management’’ has the meaning given that term in sec15 tion 3502(7) of title 44.

16 (5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the

17 meaning given that term in section 3502(8) of title 44.

18 (6) INFORMATION TECHNOLOGY.—The term ‘‘information

19 technology’’—

20 (A) with respect to an executive agency means any equipment

21 or interconnected system or subsystem of equipment, used in the

22 automatic acquisition, storage, manipulation, management, move23 ment, control, display, switching, interchange, transmission, or re24 ception of data or information by the executive agency, if the

25 equipment is used by the executive agency directly or is used by

26 a contractor under a contract with the executive agency that re27 quires the use—

28 (i) of that equipment; or

29 (ii) of that equipment to a significant extent in the per30 formance of a service or the furnishing of a product;

31 (B) includes computers, ancillary equipment, software, firmware

32 and similar procedures, services (including support services), and

33 related resources; but
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1 (C) does not include any equipment acquired by a federal con2 tractor incidental to a federal contract.

3 § 11102. Sense of Congress

4 It is the sense of Congress that, during the five-year period beginning

5 with 1996, executive agencies should achieve each year through improve6 ments in information resources management by the agency—

7 (1) at least a five percent decrease in the cost (in constant fiscal

8 year 1996 dollars) incurred by the agency in operating and maintaining

9 information technology; and

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

11 § 11103. Applicability to national security systems

12 (a) DEFINITION.—

13 (1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘na14 tional security system’’ means a telecommunications or information sys15 tem operated by the Federal Government, the function, operation, or

16 use of which—

17 (A) involves intelligence activities;

18 (B) involves cryptologic activities related to national security;

19 (C) involves command and control of military forces;

20 (D) involves equipment that is an integral part of a weapon or

21 weapons system; or

22 (E) subject to paragraph (2), is critical to the direct fulfillment

23 of military or intelligence missions.

24 (2) LIMITATION.—Paragraph (1)(E) does not include a system to be

25 used for routine administrative and business applications (including

26 payroll, finance, logistics, and personnel management applications).

27 (b) IN GENERAL.—Except as provided in subsection (c), chapter 113 of

28 this title does not apply to national security systems.

29 (c) EXCEPTIONS.—

30 (1) IN GENERAL.—Sections 11313, 11315, and 11316 of this title

31 apply to national security systems.

32 (2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of

33 executive agencies shall apply sections 11302 and 11312 of this title

34 to national security systems to the extent practicable.

35 (3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTS-BASED

36 MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—

37 (A) IN GENERAL.—Subject to subparagraph (B), the heads of

38 executive agencies shall apply section 11303 of this title to na39 tional security systems to the extent practicable.

40 (B) EXCEPTION.—National security systems are subject to sec41 tion 11303(b)(5) of this title, except for subparagraph (B)(iv).
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1 CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF

2 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.

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.

3 SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND

4 BUDGET

5 § 11301. Responsibility of Director

6 In fulfilling the responsibility to administer the functions assigned under

7 chapter 35 of title 44, the Director of the Office of Management and Budg8 et shall comply with this chapter with respect to the specific matters covered

9 by this chapter.

10 § 11302. Capital planning and investment control

11 (a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office

12 of Management and Budget shall perform the responsibilities set forth in

13 this section in fulfilling the responsibilities under section 3504(h) of title 44.

14 (b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—The

15 Director shall promote and improve the acquisition, use, and disposal of in16 formation technology by the Federal Government to improve the produc17 tivity, efficiency, and effectiveness of federal programs, including through

18 dissemination of public information and the reduction of information collec19 tion burdens on the public.

20 (c) USE OF BUDGET PROCESS.—

21 (1) ANALYSING, TRACKING, AND EVALUATING CAPITAL INVEST22 MENTS.—As part of the budget process, the Director shall develop a

23 process for analyzing, tracking, and evaluating the risks and results of

24 all major capital investments made by an executive agency for informa25 tion systems. The process shall cover the life of each system and shall

26 include explicit criteria for analyzing the projected and actual costs,

27 benefits, and risks associated with the investments.
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1 (2) REPORT TO CONGRESS.—At the same time that the President

2 submits the budget for a fiscal year to Congress under section 1105(a)

3 of title 31, the Director shall submit to Congress a report on the net

4 program performance benefits achieved as a result of major capital in5 vestments made by executive agencies in information systems and how

6 the benefits relate to the accomplishment of the goals of the executive

7 agencies.

8 (d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall oversee

9 the development and implementation of standards and guidelines pertaining

10 to federal computer systems by the Secretary of Commerce through the Na11 tional Institute of Standards and Technology under section 11331 of this

12 title and section 20 of the National Institute of Standards and Technology

13 Act (15 U.S.C. 278g–3).

14 (e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.— The Di15 rector shall designate the head of one or more executive agencies, as the

16 Director considers appropriate, as executive agent for Government-wide ac17 quisitions of information technology.

18 (f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall en19 courage the heads of the executive agencies to develop and use the best

20 practices in the acquisition of information technology.

21 (g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION

22 TECHNOLOGY.—On a continuing basis, the Director shall assess the experi23 ences of executive agencies, state and local governments, international orga24 nizations, and the private sector in managing information technology.

25 (h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY.—

26 The Director shall compare the performances of the executive agencies in

27 using information technology and shall disseminate the comparisons to the

28 heads of the executive agencies.

29 (i) MONITORING TRAINING.—The Director shall monitor the development

30 and implementation of training in information resources management for

31 executive agency personnel.

32 (j) INFORMING CONGRESS.—The Director shall keep Congress fully in33 formed on the extent to which the executive agencies are improving the per34 formance of agency programs and the accomplishment of the agency mis35 sions through the use of the best practices in information resources manage36 ment.

37 (k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Di38 rector shall coordinate with the Office of Federal Procurement Policy the

39 development and review by the Administrator of the Office of Information

40 and Regulatory Affairs of policy associated with federal acquisition of infor41 mation technology.
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1 § 11303. Performance-based and results-based management

2 (a) IN GENERAL.—The Director of the Office of Management and Budg3 et shall encourage the use of performance-based and results-based manage4 ment in fulfilling the responsibilities assigned under section 3504(h) of title

5 44.

6 (b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—

7 (1) REQUIREMENT.—The Director shall evaluate the information re8 sources management practices of the executive agencies with respect to

9 the performance and results of the investments made by the executive

10 agencies in information technology.

11 (2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director

12 shall issue to the head of each executive agency clear and concise direc13 tion that the head of each agency shall—

14 (A) establish effective and efficient capital planning processes

15 for selecting, managing, and evaluating the results of all of its

16 major investments in information systems;

17 (B) determine, before making an investment in a new informa18 tion system—

19 (i) whether the function to be supported by the system

20 should be performed by the private sector and, if so, whether

21 any component of the executive agency performing that func22 tion should be converted from a governmental organization to

23 a private sector organization; or

24 (ii) whether the function should be performed by the execu25 tive agency and, if so, whether the function should be per26 formed by a private sector source under contract or by execu27 tive agency personnel;

28 (C) analyze the missions of the executive agency and, based on

29 the analysis, revise the executive agency’s mission-related proc30 esses and administrative processes, as appropriate, before making

31 significant investments in information technology to be used in

32 support of those missions; and

33 (D) ensure that the information security policies, procedures,

34 and practices are adequate.

35 (3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direction

36 issued under paragraph (2) shall include guidance for undertaking effi37 ciently and effectively interagency and Federal Government-wide invest38 ments in information technology to improve the accomplishment of mis39 sions that are common to the executive agencies.

40 (4) PERIODIC REVIEWS.—The Director shall implement through the

41 budget process periodic reviews of selected information resources man-
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1 agement activities of the executive agencies to ascertain the efficiency

2 and effectiveness of information technology in improving the perform3 ance of the executive agency and the accomplishment of the missions

4 of the executive agency.

5 (5) ENFORCEMENT OF ACCOUNTABILITY.—

6 (A) IN GENERAL.—The Director may take any action that the

7 Director considers appropriate, including an action involving the

8 budgetary process or appropriations management process, to en9 force accountability of the head of an executive agency for infor10 mation resources management and for the investments made by

11 the executive agency in information technology.

12 (B) SPECIFIC ACTIONS.—Actions taken by the Director may

13 include—

14 (i) recommending a reduction or an increase in the amount

15 for information resources that the head of the executive agen16 cy proposes for the budget submitted to Congress under sec17 tion 1105(a) of title 31;

18 (ii) reducing or otherwise adjusting apportionments and re19 apportionments of appropriations for information resources;

20 (iii) using other administrative controls over appropriations

21 to restrict the availability of amounts for information re22 sources; and

23 (iv) designating for the executive agency an executive agent

24 to contract with private sector sources for the performance of

25 information resources management or the acquisition of infor26 mation technology.

27 SUBCHAPTER II—EXECUTIVE AGENCIES

28 § 11311. Responsibilities

29 In fulfilling the responsibilities assigned under chapter 35 of title 44, the

30 head of each executive agency shall comply with this subchapter with respect

31 to the specific matters covered by this subchapter.

32 § 11312. Capital planning and investment control

33 (a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned under

34 section 3506(h) of title 44, the head of each executive agency shall design

35 and implement in the executive agency a process for maximizing the value,

36 and assessing and managing the risks, of the information technology acqui37 sitions of the executive agency.

38 (b) CONTENT OF PROCESS.—The process of an executive agency shall—

39 (1) provide for the selection of information technology investments

40 to be made by the executive agency, the management of those invest41 ments, and the evaluation of the results of those investments;
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1 (2) be integrated with the processes for making budget, financial,

2 and program management decisions in the executive agency;

3 (3) include minimum criteria to be applied in considering whether to

4 undertake a particular investment in information systems, including

5 criteria related to the quantitatively expressed projected net, risk-ad6 justed return on investment and specific quantitative and qualitative

7 criteria for comparing and prioritizing alternative information systems

8 investment projects;

9 (4) identify information systems investments that would result in

10 shared benefits or costs for other federal agencies or state or local gov11 ernments;

12 (5) identify quantifiable measurements for determining the net bene13 fits and risks of a proposed investment; and

14 (6) provide the means for senior management personnel of the execu15 tive agency to obtain timely information regarding the progress of an

16 investment in an information system, including a system of milestones

17 for measuring progress, on an independently verifiable basis, in terms

18 of cost, capability of the system to meet specified requirements, timeli19 ness, and quality.

20 § 11313. Performance and results-based management

21 In fulfilling the responsibilities under section 3506(h) of title 44, the head

22 of an executive agency shall—

23 (1) establish goals for improving the efficiency and effectiveness of

24 agency operations and, as appropriate, the delivery of services to the

25 public through the effective use of information technology;

26 (2) prepare an annual report, to be included in the executive agen27 cy’s budget submission to Congress, on the progress in achieving the

28 goals;

29 (3) ensure that performance measurements are—

30 (A) prescribed for information technology used by, or to be ac31 quired for, the executive agency; and

32 (B) measure how well the information technology supports pro33 grams of the executive agency;

34 (4) where comparable processes and organizations in the public or

35 private sectors exist, quantitatively benchmark agency process perform36 ance against those processes in terms of cost, speed, productivity, and

37 quality of outputs and outcomes;

38 (5) analyze the missions of the executive agency and, based on the

39 analysis, revise the executive agency’s mission-related processes and ad40 ministrative processes as appropriate before making significant invest-
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1 ments in information technology to be used in support of the perform2 ance of those missions; and

3 (6) ensure that the information security policies, procedures, and

4 practices of the executive agency are adequate.

5 § 11314. Authority to acquire and manage information tech6 nology

7 (a) IN GENERAL.—The authority of the head of an executive agency to

8 acquire information technology includes—

9 (1) acquiring information technology as authorized by law;

10 (2) making a contract that provides for multiagency acquisitions of

11 information technology in accordance with guidance issued by the Di12 rector of the Office of Management and Budget; and

13 (3) if the Director finds that it would be advantageous for the Fed14 eral Government to do so, making a multiagency contract for procure15 ment of commercial items of information technology that requires each

16 executive agency covered by the contract, when procuring those items,

17 to procure the items under that contract or to justify an alternative

18 procurement of the items.

19 (b) FTS 2000 PROGRAM.—The Administrator of General Services shall

20 continue to manage the FTS 2000 program, and to coordinate the follow21 on to that program, for and with the advice of the heads of executive agen22 cies.

23 § 11315. Agency Chief Information Officer

24 (a) DEFINITION.—In this section, the term ‘‘information technology ar25 chitecture’’, with respect to an executive agency, means an integrated frame26 work for evolving or maintaining existing information technology and ac27 quiring new information technology to achieve the agency’s strategic goals

28 and information resources management goals.

29 (b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an

30 executive agency is responsible for—

31 (1) providing advice and other assistance to the head of the executive

32 agency and other senior management personnel of the executive agency

33 to ensure that information technology is acquired and information re34 sources are managed for the executive agency in a manner that imple35 ments the policies and procedures of this subtitle, consistent with chap36 ter 35 of title 44 and the priorities established by the head of the exec37 utive agency;

38 (2) developing, maintaining, and facilitating the implementation of a

39 sound and integrated information technology architecture for the execu40 tive agency; and
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1 (3) promoting the effective and efficient design and operation of all

2 major information resources management processes for the executive

3 agency, including improvements to work processes of the executive

4 agency.

5 (c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer of an

6 agency listed in section 901(b) of title 31—

7 (1) has information resources management duties as that official’s

8 primary duty;

9 (2) monitors the performance of information technology programs of

10 the agency, evaluates the performance of those programs on the basis

11 of the applicable performance measurements, and advises the head of

12 the agency regarding whether to continue, modify, or terminate a pro13 gram or project; and

14 (3) annually, as part of the strategic planning and performance eval15 uation process required (subject to section 1117 of title 31) under sec16 tion 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as

17 added by section 5(a) of the Government Performance and Results Act

18 of 1993 (Public Law 103–62, 107 Stat. 289)) of title 31—

19 (A) assesses the requirements established for agency personnel

20 regarding knowledge and skill in information resources manage21 ment and the adequacy of those requirements for facilitating the

22 achievement of the performance goals established for information

23 resources management;

24 (B) assesses the extent to which the positions and personnel at

25 the executive level of the agency and the positions and personnel

26 at management level of the agency below the executive level meet

27 those requirements;

28 (C) develops strategies and specific plans for hiring, training,

29 and professional development to rectify any deficiency in meeting

30 those requirements; and

31 (D) reports to the head of the agency on the progress made in

32 improving information resources management capability.

33 § 11316. Accountability

34 The head of each executive agency, in consultation with the Chief Infor35 mation Officer and the Chief Financial Officer of that executive agency (or,

36 in the case of an executive agency without a chief financial officer, any com37 parable official), shall establish policies and procedures to ensure that—

38 (1) the accounting, financial, asset management, and other informa39 tion systems of the executive agency are designed, developed, main40 tained, and used effectively to provide financial or program perform41 ance data for financial statements of the executive agency;
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1 (2) financial and related program performance data are provided on

2 a reliable, consistent, and timely basis to executive agency financial

3 management systems; and

4 (3) financial statements support—

5 (A) assessments and revisions of mission-related processes and

6 administrative processes of the executive agency; and

7 (B) measurement of the performance of investments made by

8 the agency in information systems.

9 § 11317. Significant deviations

10 The head of each executive agency shall identify in the strategic informa11 tion resources management plan required under section 3506(b)(2) of title

12 44 any major information technology acquisition program, or any phase or

13 increment of that program, that has significantly deviated from the cost,

14 performance, or schedule goals established for the program.

15 § 11318. Interagency support

16 The head of an executive agency may use amounts available to the agency

17 for oversight, acquisition, and procurement of information technology to

18 support jointly with other executive agencies the activities of interagency

19 groups that are established to advise the Director of the Office of Manage20 ment and Budget in carrying out the Director’s responsibilities under this

21 chapter. The use of those amounts for that purpose is subject to require22 ments and limitations on uses and amounts that the Director may prescribe.

23 The Director shall prescribe the requirements and limitations during the Di24 rector’s review of the executive agency’s proposed budget submitted to the

25 Director by the head of the executive agency for purposes of section 1105

26 of title 31.

27 SUBCHAPTER III—OTHER RESPONSIBILITIES

28 § 11331. Responsibilities regarding efficiency, security, and

29 privacy of federal computer systems

30 (a) DEFINITIONS.—In this section, the terms ‘‘federal computer system’’

31 and ‘‘operator of a federal computer system’’ have the meanings given those

32 terms in section 20(d) the National Institute of Standards and Technology

33 Act (15 U.S.C. 278g–3(d)).

34 (b) STANDARDS AND GUIDELINES.—

35 (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—

36 (A) AUTHORITY TO PRESCRIBE.—On the basis of standards and

37 guidelines developed by the National Institute of Standards and

38 Technology pursuant to paragraphs (2) and (3) of section 20(a)

39 of the Act (15 U.S.C. 278g–3(a)(2), (3)), the Secretary of Com40 merce shall prescribe standards and guidelines pertaining to fed41 eral computer systems. The Secretary shall make those standards
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1 compulsory and binding to the extent the Secretary determines

2 necessary to improve the efficiency of operation or security and

3 privacy of federal computer systems.

4 (B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President

5 may disapprove or modify those standards and guidelines if the

6 President determines that action to be in the public interest. The

7 President’s authority to disapprove or modify those standards and

8 guidelines may not be delegated. Notice of disapproval or modifica9 tion shall be published promptly in the Federal Register. On re10 ceiving notice of disapproval or modification, the Secretary shall

11 immediately rescind or modify those standards or guidelines as di12 rected by the President.

13 (2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist14 ency, the Secretary shall exercise the authority conferred by this sec15 tion subject to direction by the President and in coordination with the

16 Director of the Office of Management and Budget.

17 (c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a fed18 eral agency may employ standards for the cost-effective security and privacy

19 of sensitive information in a federal computer system in or under the super20 vision of that agency that are more stringent than the standards the Sec21 retary prescribes under this section if the more stringent standards contain

22 at least the applicable standards the Secretary makes compulsory and bind23 ing .

24 (d) WAIVER OF STANDARDS.—

25 (1) AUTHORITY OF THE SECRETARY.—The Secretary may waive in

26 writing compulsory and binding standards under subsection (b) if the

27 Secretary determines that compliance would—

28 (A) adversely affect the accomplishment of the mission of an op29 erator of a federal computer system; or

30 (B) cause a major adverse financial impact on the operator that

31 is not offset by Federal Government-wide savings.

32 (2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may dele33 gate to the head of one or more federal agencies authority to waive

34 those standards to the extent the Secretary determines that action to

35 be necessary and desirable to allow for timely and effective implementa36 tion of federal computer system standards. The head of the agency may

37 redelegate that authority only to a chief information officer designated

38 pursuant to section 3506 of title 44.

39 (3) NOTICE.—Notice of each waiver and delegation shall be trans40 mitted promptly to Congress and published promptly in the Federal

41 Register.
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1 § 11332. Federal computer system security training and plan

2 (a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘fed3 eral agency’’, ‘‘federal computer system’’, ‘‘operator of a federal computer

4 system’’, and ‘‘sensitive information’’ have the same meaning given those

5 terms in section 20(d) of the National Bureau of Standards Act (15 U.S.C.

6 278g-3(d)).

7 (b) TRAINING—

8 (1) IN GENERAL.—Each federal agency shall provide for the manda9 tory periodic training in computer security awareness and accepted

10 computer security practice of all employees who are involved with the

11 management, use, or operation of each federal computer system within

12 or under the supervision of the agency. The training shall be–

13 (A) provided in accordance with the guidelines developed pursu14 ant to section 20(a)(5) of the National Bureau of Standards Act

15 (15 U.S.C. 278g-3(a)(5)) and the regulations prescribed under

16 subsection (c) for federal civilian employees; or

17 (B) provided by an alternative training program that the head

18 of the agency approves after determining that the alternative

19 training program is at least as effective in accomplishing the ob20 jectives of the guidelines and regulations.

21 (2) TRAINING OBJECTIVES.—Training under this subsection shall be

22 designed—

23 (A) to enhance employees’ awareness of the threats to, and vul24 nerability of, computer systems; and

25 (B) to encourage the use of improved computer security prac26 tices.

27 (3) REGULATIONS.—The Director of the Office of Personnel Man28 agement shall maintain regulations that establish the procedures and

29 scope of the training to be provided federal civilian employees under

30 this subsection and the manner in which the training is to be carried

31 out.

32 (c) PLAN—

33 (1) IN GENERAL.—Consistent with standards, guidelines, policies,

34 and regulations prescribed pursuant to section 11331 of this title, each

35 federal agency shall maintain a plan for the security and privacy of

36 each federal computer system the agency identifies as being within or

37 under it’s supervision and as containing sensitive information. The plan

38 must be commensurate with the risk and magnitude of the harm result39 ing from the loss, misuse, or unauthorized access to, or modification

40 of, the information contained in the system.
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1 (2) REVISION AND REVIEW.—The plan shall be revised annually as

2 necessary and is subject to disapproval by the Director of the Office

3 of Management and Budget.

4 (d) HANDLING OF INFORMATION NOT AFFECTED.—This section does

5 not—

6 (1) constitute authority to withhold information sought pursuant to

7 section 552 of title 5; or

8 (2) authorize a federal agency to limit, restrict, regulate, or control

9 the collection, maintenance, disclosure, use, transfer, or sale of any in10 formation (regardless of the medium in which the information may be

11 maintained) that is—

12 (A) privately owned information;

13 (B) disclosable under section 552 of title 5 or another law re14 quiring or authorizing the public disclosure of information; or

15 (C) public domain information.

16 CHAPTER 115—INFORMATION TECHNOLOGY

17 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.

18 SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

19 § 11501. Authority to conduct pilot programs

20 (a) IN GENERAL.—

21 (1) PURPOSE.—In consultation with the Administrator for the Office

22 of Information and Regulatory Affairs, the Administrator for Federal

23 Procurement Policy may conduct pilot programs to test alternative ap24 proaches for the acquisition of information technology by executive

25 agencies.

26 (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—

27 Except as otherwise provided in this chapter, each pilot program con28 ducted under this chapter shall be carried out in not more than two

29 procuring activities in each of the executive agencies that are des30 ignated by the Administrator for Federal Procurement Policy in ac31 cordance with this chapter to carry out the pilot program. With the ap32 proval of the Administrator for Federal Procurement Policy, the head

33 of each designated executive agency shall select the procuring activities
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1 of the executive agency that are to participate in the test and shall des2 ignate a procurement testing official who shall be responsible for the

3 conduct and evaluation of the pilot program within the executive agen4 cy.

5 (b) LIMITATIONS.—

6 (1) NUMBER.—Not more than two pilot programs may be conducted

7 under this chapter, including one pilot program each pursuant to the

8 requirements of sections 11521 and 11522 of this title.

9 (2) AMOUNT.—The total amount obligated for contracts entered into

10 under the pilot programs conducted under this chapter may not exceed

11 $750,000,000. The Administrator for Federal Procurement Policy shall

12 monitor those contracts and ensure that contracts are not entered into

13 in violation of this paragraph.

14 (c) PERIOD OF PROGRAMS.—

15 (1) IN GENERAL.—Subject to paragraph (2), a pilot program may

16 be carried out under this chapter for the period, not in excess of five

17 years, the Administrator for Federal Procurement Policy determines is

18 sufficient to establish reliable results.

19 (2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into

20 under the pilot program before the expiration of that program remains

21 in effect according to the terms of the contract after the expiration of

22 the program.

23 § 11502. Evaluation criteria and plans

24 (a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable,

25 the head of each executive agency conducting a pilot program under section

26 11501 of this title shall establish measurable criteria for evaluating the ef27 fects of the procedures or techniques to be tested under the program.

28 (b) TEST PLAN.—Before a pilot program may be conducted under section

29 11501 of this title, the Administrator for Federal Procurement Policy shall

30 submit to Congress a detailed test plan for the program, including a de31 tailed description of the procedures to be used and a list of regulations that

32 are to be waived.

33 § 11503. Report

34 (a) REQUIREMENT.—Not later than 180 days after the completion of a

35 pilot program under this chapter, the Administrator for Federal Procure36 ment Policy shall—

37 (1) submit to the Director of the Office of Management and Budget

38 a report on the results and findings under the program; and

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

40 (b) CONTENT.—The report shall include—
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1 (1) a detailed description of the results of the program, as measured

2 by the criteria established for the program; and

3 (2) a discussion of legislation that the Administrator recommends,

4 or changes in regulations that the Administrator considers necessary,

5 to improve overall information resources management in the Federal

6 Government.

7 § 11504. Recommended legislation

8 If the Director of the Office of Management and Budget determines that

9 the results and findings under a pilot program under this chapter indicate

10 that legislation is necessary or desirable to improve the process for acquisi11 tion of information technology, the Director shall transmit the Director’s

12 recommendations for that legislation to Congress.

13 § 11505. Rule of construction

14 This chapter does not authorize the appropriation or obligation of

15 amounts for the pilot programs authorized under this chapter.

16 SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

17 § 11521. Share-in-savings pilot program

18 (a) REQUIREMENT.—The Administrator for Federal Procurement Policy

19 may authorize the heads of two executive agencies to carry out a pilot pro20 gram to test the feasibility of—

21 (1) contracting on a competitive basis with a private sector source

22 to provide the Federal Government with an information technology so23 lution for improving mission-related or administrative processes of the

24 Federal Government; and

25 (2) paying the private sector source an amount equal to a portion

26 of the savings derived by the Federal Government from any improve27 ments in mission-related processes and administrative processes that

28 result from implementation of the solution.

29 (b) LIMITATIONS.—The head of an executive agency authorized to carry

30 out the pilot program may carry out one project and enter into not more

31 than five contracts for the project under the pilot program.

32 (c) SELECTION OF PROJECTS.—In consultation with the Administrator

33 for the Office of Information and Regulatory Affairs, the Administrator for

34 Federal Procurement Policy shall select the projects.

35 § 11522. Solutions-based contracting pilot program

36 (a) DEFINITION.—For purposes of this section, ‘‘solutions-based con37 tracting’’ is an acquisition method under which the acquisition objectives are

38 defined by the Federal Government user of the technology to be acquired,

39 a streamlined contractor selection process is used, and industry sources are

40 allowed to provide solutions that attain the objectives effectively.
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1 (b) IN GENERAL.—The Administrator for Federal Procurement Policy

2 may authorize the head of an executive agency, in accordance with sub3 section (d)(2), to carry out a pilot program to test the feasibility of using

4 solutions-based contracting for the acquisition of information technology.

5 (c) PROCESS REQUIREMENTS.—The Administrator for Federal Procure6 ment Policy shall require use of a process with the following aspects for ac7 quisitions under the pilot program:

8 (1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—Prepara9 tion of an acquisition plan that defines the functional requirements of

10 the intended users of the information technology to be acquired, identi11 fies the operational improvements to be achieved, and defines the per12 formance measurements to be applied in determining whether the infor13 mation technology acquired satisfies the defined requirements and at14 tains the identified results.

15 (2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement

16 of work that is limited to an expression of the end results or perform17 ance capabilities desired under the acquisition plan.

18 (3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acqui19 sition organization consisting of the following:

20 (A) An acquisition management team, the members of which are

21 to be evaluated and rewarded under the pilot program for con22 tributions toward attainment of the desired results identified in

23 the acquisition plan.

24 (B) A small source selection team composed of representatives

25 of the specific mission or administrative area to be supported by

26 the information technology to be acquired, a contracting officer,

27 and individuals with relevant expertise.

28 (4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE

29 QUALIFICATIONS AND COSTS.—Use of source selection factors that

30 emphasize—

31 (A) the qualifications of the offeror, including personnel skills,

32 previous experience in providing other private or public sector or33 ganizations with solutions for attaining objectives similar to the

34 objectives of the acquisition, past contract performance, qualifica35 tions of the proposed program manager, and the proposed man36 agement plan; and

37 (B) the costs likely to be associated with the conceptual ap38 proach proposed by the offeror.

39 (5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—Open

40 availability of the following information to potential offerors:

41 (A) The agency mission to be served by the acquisition.
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1 (B) The functional process to be performed by use of informa2 tion technology.

3 (C) The process improvements to be attained.

4 (6) SIMPLE SOLICITATION.—Use of a simple solicitation that sets

5 forth only the functional work description, the source selection factors

6 to be used in accordance with paragraph (4), the required terms and

7 conditions, instructions regarding submission of offers, and the esti8 mate of the Government’s budget for the desired work.

9 (7) SIMPLE PROPOSALS.—Submission of oral presentations and writ10 ten proposals that are limited in size and scope and contain informa11 tion on—

12 (A) the offeror’s qualifications to perform the desired work;

13 (B) past contract performance;

14 (C) the proposed conceptual approach; and

15 (D) the costs likely to be associated with the proposed concep16 tual approach.

17 (8) SIMPLE EVALUATION.—Use of a simplified evaluation process, to

18 be completed within 45 days after receipt of proposals, that consists

19 of the following:

20 (A) Identification of the most qualified offerors that are within

21 the competitive range.

22 (B) Issuance of invitations for at least three and not more than

23 five of the identified offerors to make oral presentations to, and

24 engage in discussions with, the evaluating personnel regarding, for

25 each offeror—

26 (i) the qualifications of the offeror, including how the quali27 fications of the offeror relate to the approach proposed to be

28 taken by the offeror in the acquisition; and

29 (ii) the costs likely to be associated with the approach.

30 (C) Evaluation of the qualifications of the identified offerors

31 and the costs likely to be associated with the offerors’ proposals

32 on the basis of submissions required under the process and any

33 oral presentations made by, and any discussions with, the offerors.

34 (9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection process

35 consisting of the following:

36 (A) Identification of the most qualified sources, primarily on the

37 basis of the oral proposals, presentations, and discussions, and

38 written proposals, submitted in accordance with paragraph (7).

39 (B) A program definition phase of 30–60 days (or a longer pe40 riod the Administrator approves)—
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1 (i) that the Government finances in the case of the source

2 ultimately awarded the contract;

3 (ii) during which the sources identified under subparagraph

4 (A), in consultation with one or more intended users, develop

5 a conceptual system design and technical approach, define

6 logical phases for the project, and estimate the total cost and

7 the cost for each phase; and

8 (iii) after which a contract for performance of the work

9 may be awarded to the source whose offer is determined to

10 be most advantageous to the Government on the basis of cost,

11 the responsiveness, reasonableness, and quality of the pro12 posed performance, and a sharing of risk and benefits be13 tween the source and the Government.

14 (C) As many successive program definition phases as necessary

15 to award a contract in accordance with subparagraph (B).

16 (10) SYSTEM IMPLEMENTATION PHASING.—System implementation

17 to be executed in phases that are tailored to the solution, with appro18 priate contract arrangements being used for various phases and activi19 ties.

20 (11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Gov21 ernment or the contractor to terminate the contract without penalty at

22 the end of any phase defined for the project.

23 (12) TIME MANAGEMENT DISCIPLINE.—Application of a standard for

24 awarding a contract within 105 to 120 days after issuance of the solici25 tation, except that the Administrator may approve the application of

26 a longer standard period.

27 (d) PILOT PROGRAM DESIGN.—

28 (1) JOINT PUBLIC-PRIVATE WORKING GROUP.— In consultation with

29 the Administrator for the Office of Information and Regulatory Affairs,

30 the Administrator for Federal Procurement Policy shall establish a

31 joint working group of Federal Government personnel and representa32 tives of the information technology industry to design a plan for con33 duct of any pilot program carried out under this section.

34 (2) CONTENT OF PLAN.—The plan shall provide for the use of solu35 tions-based contracting in the Department of Defense and not more

36 than two other executive agencies for a total of—

37 (A) not more than 10 projects, each of which has an estimated

38 cost of between $25,000,000 and $100,000,000; and

39 (B) not more than 10 projects, each of which has an estimated

40 cost of between $1,000,000 and $5,000,000, to be set aside for

41 small business concerns.
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1 (3) COMPLEXITY OF PROJECTS.—

2 (A) DEGREE OF COMPLEXITY REQUIRED.—Subject to subpara3 graph (C), each acquisition project under the pilot program shall

4 be sufficiently complex to provide for meaningful evaluation of the

5 use of solutions-based contracting for the acquisition of informa6 tion technology for executive agencies.

7 (B) SATISFACTION OF COMPLEXITY REQUIREMENT.—For an ac8 quisition project to satisfy the requirement in subparagraph (A),

9 the solution for attainment of the executive agency’s objectives

10 under the project should not be obvious, but rather shall involve

11 a need for some innovative development and systems integration.

12 (C) PROJECT SHOULD NOT RESULT IN UNDUE DELAY.—An ac13 quisition project should not be so extensive or lengthy as to result

14 in undue delay in the evaluation of the use of solutions-based con15 tracting.

16 (e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller General

17 of the United States shall—

18 (1) monitor the conduct, and review the results, of acquisitions under

19 the pilot program; and

20 (2) submit to Congress periodic reports containing the views of the

21 Comptroller General on the activities, results, and findings under the

22 pilot program.

23 CHAPTER 117—ADDITIONAL INFORMATION RESOURCES

24 MANAGEMENT MATTERS

Sec.

11701. On-line multiple award schedule contracting.

11702. Identification of excess and surplus computer equipment.

11703. Access of certain information in information systems to directory established under

section 4101 of title 44.

11704. Procurement procedures.

25 § 11701. On-line multiple award schedule contracting

26 (a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—To

27 provide for the economic and efficient procurement of information tech28 nology and other commercial items, the Administrator of General Services,

29 not later than January 1, 1998, shall provide Federal Government-wide on30 line computer access to information on products and services that are avail31 able for ordering through the multiple award schedules.

32 (b) REQUIREMENTS.—The system for providing on-line computer access

33 shall—

34 (1) have the capability to—
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1 (A) provide basic information on prices, features, and perform2 ance of all products and services available for ordering through the

3 multiple award schedules;

4 (B) provide for updating that information to reflect changes in

5 prices, features, and performance as soon as information on the

6 changes becomes available; and

7 (C) enable users to make on-line computer comparisons of the

8 prices, features, and performance of similar products and services

9 offered by various vendors; and

10 (2) be used to place orders under the multiple award schedules in

11 a fiscal year for an amount equal to at least 60 percent of the total

12 amount spent for all orders under the multiple award schedules in that

13 fiscal year.

14 (c) STREAMLINED PROCEDURES.—

15 (1) PILOT PROGRAM.—On certification by the Administrator of Gen16 eral Services that the system for providing on-line computer access

17 meets the requirements of subsection (b)(1) and was used as required

18 by subsection (b)(2) in the fiscal year preceding the fiscal year in which

19 the certification is made, the Administrator for Federal Procurement

20 Policy may establish a pilot program to test streamlined procedures for

21 the procurement of information technology products and services avail22 able for ordering through the multiple award schedules.

23 (2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—

24 Except as provided in paragraph (4), the pilot program shall be appli25 cable to all multiple award schedule contracts for the purchase of infor26 mation technology and shall test the following procedures:

27 (A) A procedure under which negotiation of the terms and con28 ditions for a covered multiple award schedule contract is limited

29 to terms and conditions other than price.

30 (B) A procedure under which the vendor establishes the prices

31 under a covered multiple award schedule contract and may adjust

32 those prices at any time in the discretion of the vendor.

33 (C) A procedure under which a covered multiple award schedule

34 contract is awarded to any responsible offeror that—

35 (i) has a suitable record of past performance, which may

36 include past performance on multiple award schedule con37 tracts;

38 (ii) agrees to terms and conditions that the Administrator

39 for Federal Procurement Policy determines are required by

40 law or are appropriate for the purchase of commercial items;

41 and
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1 (iii) agrees to establish and update prices, features, and

2 performance and to accept orders electronically through the

3 automated system established pursuant to subsection (a).

4 (3) COMPTROLLER GENERAL REVIEW AND REPORT.—

5 (A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—

6 Not later than three years after the date on which the pilot pro7 gram is established, the Comptroller General of the United States

8 shall review the pilot program and report to Congress on the re9 sults of the pilot program.

10 (B) CONTENT OF REPORT.—The report shall include the fol11 lowing:

12 (i) An evaluation of the extent to which there is competi13 tion for the orders placed under the pilot program.

14 (ii) The effect that the streamlined procedures under the

15 pilot program have on prices charged under multiple award

16 schedule contracts.

17 (iii) The effect that those procedures have on paperwork

18 requirements for multiple award schedule contracts and or19 ders.

20 (iv) The impact of the pilot program on small businesses

21 and socially and economically disadvantaged small businesses.

22 (4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM

23 PILOT PROGRAM.—

24 (A) WHEN ALLOWED.—The Administrator for Federal Procure25 ment Policy may withdraw a multiple award schedule or portion

26 of a schedule from the pilot program if the Administrator deter27 mines that—

28 (i) price competition is not available under that schedule or

29 portion of that schedule; or

30 (ii) the cost to the Government for that schedule or portion

31 for the previous year was higher than it would have been if

32 the contract for that schedule or portion had been awarded

33 using procedures that would apply if the pilot program were

34 not in effect.

35 (B) NOTICE.—The Administrator shall notify Congress at least

36 30 days before the date on which the Administrator withdraws a

37 schedule or portion under this paragraph.

38 (C) AUTHORITY NOT DELEGABLE.—The authority under this

39 paragraph may not be delegated.

40 (5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized by law,

41 the authority of the Administrator to award contracts under the pilot
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1 program shall expire four years after the date on which the pilot pro2 gram is established. A contract entered into before the authority ex3 pires remains in effect according to the terms of the contract after the

4 expiration of the authority to award new contracts under the pilot pro5 gram.

6 § 11702. Identification of excess and surplus computer

7 equipment

8 In accordance with chapter 5 of this title, the head of an executive agency

9 shall maintain an inventory of all computer equipment under the control of

10 that official that is excess or surplus property.

11 § 11703. Access of certain information in information sys12 tems to directory established under section 4101 of

13 title 44

14 If in designing an information technology system pursuant to this sub15 title, the head of an executive agency determines that a purpose of the sys16 tem is to disseminate information to the public, then the head of that execu17 tive agency shall reasonably ensure that an index of information dissemi18 nated by the system is included in the directory created pursuant to section

19 4101 of title 44. This section does not authorize the dissemination of infor20 mation to the public unless otherwise authorized.

21 § 11704. Procurement procedures

22 To the maximum extent practicable, the Federal Acquisition Regulatory

23 Council shall ensure that the process for acquisition of information tech24 nology is a simplified, clear, and understandable process that specifically ad25 dresses the management of risk, incremental acquisitions, and the need to

26 incorporate commercial information technology in a timely manner.

27 SUBTITLE IV—APPALACHIAN REGIONAL

28 DEVELOPMENT

CHAPTER Sec.

141. GENERAL PROVISIONS .............................................................................. 14101

143. APPALACHIAN REGIONAL COMMISSION ............................................... 14301

145. SPECIAL APPALACHIAN PROGRAMS ...................................................... 14501

147. MISCELLANEOUS ......................................................................................... 14701

29 CHAPTER 141—GENERAL PROVISIONS

Sec.

14101. Findings and purposes.

14102. Definitions.

30 § 14101. Findings and purposes

31 (a) 1965 FINDINGS AND PURPOSE.—

32 (1) FINDINGS.—Congress finds and declares that the Appalachian

33 region of the United States, while abundant in natural resources and

34 rich in potential, lags behind the rest of the Nation in its economic

35 growth and that its people have not shared properly in the Nation’s
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1 prosperity. The region’s uneven past development, with its historical re2 liance on a few basic industries and a marginal agriculture, has failed

3 to provide the economic base that is a vital prerequisite for vigorous,

4 self-sustaining growth. State and local governments and the people of

5 the region understand their problems and have been working, and will

6 continue to work, purposefully toward their solution. Congress recog7 nizes the comprehensive report of the President’s Appalachian Regional

8 Commission documenting these findings and concludes that regionwide

9 development is feasible, desirable, and urgently needed.

10 (2) PURPOSE.—It is the purpose of this subtitle to assist the region

11 in meeting its special problems, to promote its economic development,

12 and to establish a framework for joint federal and state efforts toward

13 providing the basic facilities essential to its growth and attacking its

14 common problems and meeting its common needs on a coordinated and

15 concerted regional basis. The public investments made in the region

16 under this subtitle shall be concentrated in areas where there is a sig17 nificant potential for future growth and where the expected return on

18 public dollars invested will be the greatest. States will be responsible

19 for recommending local and state projects within their borders, which

20 will receive assistance under this subtitle. As the region obtains the

21 needed physical and transportation facilities and develops its human re22 sources, Congress expects that the region will generate a diversified in23 dustry and that the region will then be able to support itself through

24 the workings of a strengthened free enterprise economy.

25 (b) 1975 FINDINGS AND PURPOSE.—

26 (1) FINDINGS.—Congress further finds and declares that while sub27 stantial progress has been made toward achieving the purposes set out

28 in subsection (a), especially with respect to the provision of essential

29 public facilities, much remains to be accomplished, especially with re30 spect to the provision of essential health, education, and other public

31 services. Congress recognizes that changes and evolving national pur32 poses in the decade since 1965 affect not only the Appalachian region

33 but also its relationship to a nation that on December 31, 1975, is as34 signing higher priority to conservation and the quality of life, values

35 long cherished within the region. Appalachia as of December 31, 1975,

36 has the opportunity, in accommodating future growth and development,

37 to demonstrate local leadership and coordinated planning so that hous38 ing, public services, transportation and other community facilities will

39 be provided in a way congenial to the traditions and beauty of the re40 gion and compatible with conservation values and an enhanced quality

41 of life for the people of the region. Congress recognizes also that funda-
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1 mental changes are occurring in national energy requirements and pro2 duction, which not only risk short-term dislocations but will undoubt3 edly result in major long-term effects in the region. It is essential that

4 the opportunities for expanded energy production be used so as to

5 maximize the social and economic benefits and minimize the social and

6 environmental costs to the region and its people.

7 (2) PURPOSE.—It is also the purpose of this subtitle to provide a

8 framework for coordinating federal, state and local efforts toward—

9 (A) anticipating the effects of alternative energy policies and

10 practices;

11 (B) planning for accompanying growth and change so as to

12 maximize the social and economic benefits and minimize the social

13 and environmental costs; and

14 (C) implementing programs and projects carried out in the re15 gion by federal, state, and local governmental agencies so as to

16 better meet the special problems generated in the region by the

17 Nation’s energy needs and policies, including problems of trans18 portation, housing, community facilities, and human services.

19 (c) 1998 FINDINGS AND PURPOSE.—

20 (1) FINDINGS.—Congress further finds and declares that while sub21 stantial progress has been made in fulfilling many of the objectives of

22 this subtitle, rapidly changing national and global economies over the

23 decade ending November 13, 1998, have created new problems and

24 challenges for rural areas throughout the United States and especially

25 for the Appalachian region.

26 (2) PURPOSE.—In addition to the purposes stated in subsections (a)

27 and (b), it is the purpose of this subtitle—

28 (A) to assist the Appalachian region in—

29 (i) providing the infrastructure necessary for economic and

30 human resource development;

31 (ii) developing the region’s industry;

32 (iii) building entrepreneurial communities;

33 (iv) generating a diversified regional economy; and

34 (v) making the region’s industrial and commercial re35 sources more competitive in national and world markets;

36 (B) to provide a framework for coordinating federal, state, and

37 local initiatives to respond to the economic competitiveness chal38 lenges in the Appalachian region through—

39 (i) improving the skills of the region’s workforce;

40 (ii) adapting and applying new technologies for the region’s

41 businesses; and
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1 (iii) improving the access of the region’s businesses to the

2 technical and financial resources necessary to development of

3 the businesses; and

4 (C) to address the needs of severely and persistently distressed

5 areas of the Appalachian region and focus special attention on the

6 areas of greatest need so as to provide a fairer opportunity for the

7 people of the region to share the quality of life generally enjoyed

8 by citizens across the United States.

9 § 14102. Definitions

10 (a) DEFINITIONS.—In this subtitle—

11 (1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ means

12 that area of the eastern United States consisting of the following coun13 ties (including any political subdivision located within the area):

14 (A) In Alabama, the counties of Bibb, Blount, Calhoun, Cham15 bers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman,

16 De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jef17 ferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madi18 son, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair,

19 Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.

20 (B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll,

21 Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert,

22 Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett,

23 Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin,

24 Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens,

25 Towns, Union, Walker, White, and Whitfield.

26 (C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,

27 Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, El28 liott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan,

29 Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie,

30 Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin,

31 Menifee, Monroe, Montgomery, Morgan, Owsley, Perry, Pike, Pow32 ell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and

33 Wolfe.

34 (D) In Maryland, the counties of Allegany, Garrett, and Wash35 ington.

36 (E) In Mississippi, the counties of Alcorn, Benton, Calhoun,

37 Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes,

38 Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss,

39 Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha.
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1 (F) In New York, the counties of Allegany, Broome,

2 Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Dela3 ware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.

4 (G) In North Carolina, the counties of Alexander, Alleghany,

5 Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,

6 Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,

7 Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,

8 Transylvania, Watauga, Wilkes, Yadkin, and Yancey.

9 (H) In Ohio, the counties of Adams, Athens, Belmont, Brown,

10 Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har11 rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,

12 Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,

13 Scioto, Tuscarawas, Vinton, and Washington.

14 (I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea15 ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,

16 Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk,

17 Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jef18 ferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming,

19 McKean, Mercer, Mifflin, Monroe, Montour, Northumberland,

20 Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Sus21 quehanna, Tioga, Union, Venango, Warren, Washington, Wayne,

22 Westmoreland, and Wyoming.

23 (J) In South Carolina, the counties of Anderson, Cherokee,

24 Greenville, Oconee, Pickens, and Spartanburg.

25 (K) In Tennessee, the counties of Anderson, Bledsoe, Blount,

26 Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof27 fee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,

28 Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer29 son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Megs,

30 Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,

31 Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van

32 Buren, Warren, Washington, and White.

33 (L) In Virginia, the counties of Alleghany, Bath, Bland,

34 Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,

35 Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Rus36 sell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

37 (M) All the counties of West Virginia.

38 (2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development

39 district’’ means any of the following entities for which the Governor of

40 the State in which the entity is located, or the appropriate state officer,

41 certifies to the Appalachian Regional Commission that the entity has
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1 a charter or authority that includes the economic development of coun2 ties or parts of counties or other political subdivisions within the re3 gion:

4 (A) a nonprofit incorporated body organized or chartered under

5 the law of the State in which it is located.

6 (B) a nonprofit agency or instrumentality of a state or local

7 government.

8 (C) a nonprofit agency or instrumentality created through an

9 interstate compact.

10 (D) a nonprofit association or combination of bodies, agencies,

11 and instrumentalities described in this paragraph.

12 (b) CHANGE IN DEFINITION.—The Commission may not propose or con13 sider a recommendation for any change in the definition of the Appalachian

14 region as set forth in this section without a prior resolution by the Com15 mittee on Environment and Public Works of the Senate or the Committee

16 on Transportation and Infrastructure of the House of Representatives that

17 directs a study of the change.

18 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, investment programs, and projects.

19 SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

20 § 14301. Establishment, membership, and employees

21 (a) ESTABLISHMENT.—There is an Appalachian Regional Commission.

22 (b) MEMBERSHIP.—

23 (1) FEDERAL AND STATE MEMBERS.—The Commission is composed

24 of the Federal Cochairman, appointed by the President by and with the

25 advice and consent of the Senate, and the Governor of each partici26 pating State in the Appalachian region.

27 (2) ALTERNATE MEMBERS.—Each state member may have a single

28 alternate, appointed by the Governor from among the members of the

29 Governor’s cabinet or the Governor’s personal staff. The President, by

30 and with the advice and consent of the Senate, shall appoint an alter-
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1 nate for the Federal Cochairman. An alternate shall vote in the event

2 of the absence, death, disability, removal, or resignation of the member

3 for whom the individual is an alternate. A state alternate shall not be

4 counted toward the establishment of a quorum of the Commission when

5 a quorum of the state members is required.

6 (3) COCHAIRMEN.—The Federal Cochairman is one of the two Co7 chairmen of the Commission. The state members shall elect a Cochair8 man of the Commission from among themselves for a term of not less

9 than one year.

10 (c) COMPENSATION.—The Federal Cochairman shall be compensated by

11 the Federal Government at level III of the Executive Schedule as set out

12 in subchapter II of chapter 53 of title 5. The Federal Cochairman’s alter13 nate shall be compensated by the Government at level V of the Executive

14 Schedule. Each state member and alternate shall be compensated by the

15 State which they represent at the rate established by law of that State.

16 (d) DELEGATION.—

17 (1) POWERS AND RESPONSIBILITIES.—Commission powers and re18 sponsibilities specified in section 14302(c) and (d) of this title, and the

19 vote of any Commission member, may not be delegated to an individual

20 who is not a Commission member or who is not entitled to vote in

21 Commission meetings.

22 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Fed23 eral Cochairman shall perform the functions and duties the Federal Co24 chairman delegates when not actively serving as the alternate.

25 (e) EXECUTIVE DIRECTOR.—The Commission has an executive director.

26 The executive director is responsible for carrying out the administrative

27 functions of the Commission, for directing the Commission staff, and for

28 other duties the Commission may assign.

29 (f) STATUS OF PERSONNEL.—Members, alternates, officers, and employ30 ees of the Commission are not federal employees for any purpose, except

31 the Federal Cochairman, the alternate to the Federal Cochairman, the staff

32 of the Federal Cochairman, and federal employees detailed to the Commis33 sion under section 14306(a)(3) of this title.

34 § 14302. Decisions

35 (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section

36 14306(d) of this title, decisions by the Commission require the affirmative

37 vote of the Federal Cochairman and of a majority of the state members,

38 exclusive of members representing States delinquent under section

39 14306(d).
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1 (b) CONSULTATION.—In matters coming before the Commission, the Fed2 eral Cochairman, to the extent practicable, shall consult with the federal de3 partments and agencies having an interest in the subject matter.

4 (c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision

5 involving Commission policy, approval of state, regional or subregional de6 velopment plans or implementation of investment programs, modification or

7 revision of the Appalachian Regional Commission Code, allocation of

8 amounts among the States, or designation of a distressed county or an eco9 nomically strong county shall not be made without a quorum of state mem10 bers.

11 (d) PROJECT AND GRANT PROPOSALS.—The approval of project and

12 grant proposals is a responsibility of the Commission and shall be carried

13 out in accordance with section 14322 of this title.

14 § 14303. Functions

15 (a) IN GENERAL.—In carrying out the purposes of this subtitle, the Ap16 palachian Regional Commission shall—

17 (1) develop, on a continuing basis, comprehensive and coordinated

18 plans and programs and establish priorities under those plans and pro19 grams, giving due consideration to other federal, state, and local plan20 ning in the Appalachian region;

21 (2) conduct and sponsor investigations, research, and studies, includ22 ing an inventory and analysis of the resources of the region, and, in

23 cooperation with federal, state, and local agencies, sponsor demonstra24 tion projects designed to foster regional productivity and growth;

25 (3) review and study, in cooperation with the agency involved, fed26 eral, state, and local public and private programs and, where appro27 priate, recommend modifications or additions which will increase their

28 effectiveness in the region;

29 (4) formulate and recommend, where appropriate, interstate com30 pacts and other forms of interstate cooperation and work with state

31 and local agencies in developing appropriate model legislation;

32 (5) encourage the formation of local development districts;

33 (6) encourage private investment in industrial, commercial, and rec34 reational projects;

35 (7) serve as a focal point and coordinating unit for Appalachian pro36 grams; and

37 (8) provide a forum for consideration of problems of the region and

38 proposed solutions and establish and utilize, as appropriate, citizens

39 and special advisory councils and public conferences.

40 (b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying

41 out its functions under this section, the Commission shall identify the char-
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1 acteristics of, and may distinguish between the needs and goals of, appro2 priate subregional areas, including central, northern, and southern Appa3 lachia.

4 § 14304. Recommendations

5 The Appalachian Regional Commission may make recommendations to

6 the President and to the Governors and appropriate local officials with re7 spect to—

8 (1) the expenditure of amounts by federal, state, and local depart9 ments and agencies in the Appalachian region in the fields of natural

10 resources, agriculture, education, training, and health and welfare, and

11 in other fields related to the purposes of this subtitle; and

12 (2) additional federal, state, and local legislation or administrative

13 actions as the Commission considers necessary to further the purposes

14 of this subtitle.

15 § 14305. Liaison between Federal Government and Commis16 sion

17 The President shall provide effective and continuing liaison between the

18 Federal Government and the Appalachian Regional Commission and a co19 ordinated review within the Government of the plans and recommendations

20 submitted by the Commission pursuant to sections 14303 and 14304 of this

21 title.

22 § 14306. Administrative powers and expenses

23 (a) POWERS.—To carry out its duties under this subtitle, the Appa24 lachian Regional Commission may—

25 (1) adopt, amend, and repeal bylaws and regulations governing the

26 conduct of its business and the performance of its functions;

27 (2) appoint and fix the compensation of an executive director and

28 other personnel as necessary to enable the Commission to carry out its

29 functions, except that the compensation shall not exceed the maximum

30 rate of basic pay for the Senior Executive Service under section 5382

31 of title 5, including any applicable locality-based comparability payment

32 that may be authorized under section 5304(h)(2)(C) of title 5;

33 (3) request the head of any federal department or agency to detail

34 to temporary duty with the Commission personnel within the adminis35 trative jurisdiction of the head of the department or agency that the

36 Commission may need for carrying out its functions, each detail to be

37 without loss of seniority, pay, or other employee status;

38 (4) arrange for the services of personnel from any state or local gov39 ernment, subdivision or agency of a state or local government, or inter40 governmental agency;
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1 (5)(A) make arrangements, including contracts, with any partici2 pating state government for inclusion in a suitable retirement and em3 ployee benefit system of Commission personnel who may not be eligible

4 for, or continue in, another governmental retirement or employee ben5 efit system; or

6 (B) otherwise provide for coverage of its personnel;

7 (6) accept, use, and dispose of gifts or donations of services or any

8 property;

9 (7) enter into and perform contracts, leases (including the lease of

10 office space for any term expiring before October 1, 2001), cooperative

11 agreements, or other transactions, necessary in carrying out its func12 tions, on terms as it may consider appropriate, with any—

13 (A) department, agency, or instrumentality of the Federal Gov14 ernment;

15 (B) State or political subdivision, agency, or instrumentality of

16 a State; or

17 (C) person;

18 (8) maintain a temporary office in the District of Columbia and es19 tablish a permanent office at a central and appropriate location it may

20 select and field offices at other places it may consider appropriate; and

21 (9) take other actions and incur other expenses as may be necessary

22 or appropriate.

23 (b) AUTHORIZATIONS.—

24 (1) DETAIL EMPLOYEES.—The head of a federal department or

25 agency may detail personnel under subsection (a)(3).

26 (2) ENTER INTO AND PERFORM TRANSACTIONS.—A department,

27 agency, or instrumentality of the Government, to the extent not other28 wise prohibited by law, may enter into and perform a contract, lease,

29 cooperative agreement, or other transaction under subsection (a)(7).

30 (c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di31 rector of the Office of Personnel Management may contract with the Com32 mission for continued coverage of Commission employees, if the employees

33 are federal employees when they begin Commission employment, in the re34 tirement program and other employee benefit programs of the Government.

35 (d) EXPENSES.—Administrative expenses of the Commission shall be paid

36 equally by the Government and the States in the Appalachian, except that

37 the expenses of the Federal Cochairman, the alternate to the Federal Co38 chairman, and the staff of the Federal Cochairman shall be paid only by

39 the Government. The Commission shall determine the amount to be paid

40 by each State. The Federal Cochairman shall not participate or vote in that

41 determination. Assistance authorized by this subtitle shall not be furnished
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1 to any State or to any political subdivision or any resident of any State,

2 and a state member of the Commission shall not participate or vote in any

3 decision by the Commission, while the State is delinquent in payment of its

4 share of administrative expenses.

5 § 14307. Meetings

6 (a) IN GENERAL.—The Appalachian Regional Commission shall conduct

7 at least one meeting each year with the Federal Cochairman and at least

8 a majority of the state members present.

9 (b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission

10 may conduct additional meetings by electronic means as the Commission

11 considers advisable, including meetings to decide matters requiring an af12 firmative vote.

13 § 14308. Information

14 (a) ACTIONS OF COMMISSION.—To obtain information needed to carry

15 out its duties, the Appalachian Regional Commission shall—

16 (1) hold hearings, sit and act at times and places, take testimony,

17 receive evidence, and print or otherwise reproduce and distribute so

18 much of its proceedings and reports on the proceedings as the Commis19 sion may deem advisable;

20 (2) arrange for the head of any federal, state, or local department

21 or agency to furnish to the Commission information as may be avail22 able to or procurable by the department or agency; and

23 (3) keep accurate and complete records of its doings and trans24 actions which shall be made available for—

25 (A) public inspection; and

26 (B) audit and examination by the Comptroller General or an au27 thorized representative of the Comptroller General.

28 (b) AUTHORIZATIONS.—

29 (1) ADMINISTER OATHS.—A Cochairman of the Commission, or any

30 member of the Commission designated by the Commission, may admin31 ister oaths when the Commission decides that testimony shall be taken

32 or evidence received under oath.

33 (2) FURNISH INFORMATION.—The head of any federal, state, or local

34 department or agency, to the extent not otherwise prohibited by law,

35 may carry out section (a)(2).

36 (c) PUBLIC PARTICIPATION.—Public participation in the development, re37 vision, and implementation of all plans and programs under this subtitle by

38 the Commission, any State, or any local development district shall be pro39 vided for, encouraged, and assisted. The Commission shall develop and pub40 lish regulations specifying minimum guidelines for public participation, in41 cluding public hearings.
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1 § 14309. Personal financial interests

2 (a) CONFLICT OF INTEREST.—

3 (1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an

4 individual who is a state member or alternate, or an officer or employee

5 of the Appalachian Regional Commission, shall not participate person6 ally and substantially as a member, alternate, officer, or employee in

7 any way in any particular matter in which, to the individual’s knowl8 edge, any of the following has a financial interest:

9 (A) the individual.

10 (B) the individual’s spouse, minor child, or partner.

11 (C) an organization (except a State or political subdivision of

12 a State) in which the individual is serving as an officer, director,

13 trustee, partner, or employee.

14 (D) any person or organization with whom the individual—

15 (i) is serving as an officer, director, trustee, partner, or em16 ployee; or

17 (ii) is negotiating or has any arrangement concerning pro18 spective employment.

19 (2) EXCEPTION.—Paragraph (1) does not apply if the individual

20 first advises the Commission of the nature and circumstances of the

21 particular matter and makes full disclosure of the financial interest and

22 receives in advance a written decision of the Commission that the inter23 est is not so substantial as to be considered likely to affect the integrity

24 of the services which the Commission may expect from the individual.

25 (3) CRIMINAL PENALTY.—An individual violating this subsection

26 shall be fined under title 18, imprisoned for not more than two years,

27 or both.

28 (b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—

29 (1) STATE MEMBER OR ALTERNATE.—A state member or alternate

30 may not receive any salary, or any contribution to, or supplementation

31 of, salary, for services on the Commission from a source other than the

32 State of the member or alternate.

33 (2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed

34 to serve the Commission under section 14306(a)(4) of this title may

35 not receive any salary, or any contribution to, or supplementation of,

36 salary, for services on the Commission from a source other than the

37 state, local, or intergovernmental department or agency from which the

38 individual was detailed or from the Commission.

39 (3) CRIMINAL PENALTY.—An individual violating this subsection

40 shall be fined under title 18, imprisoned for not more than one year,

41 or both.
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1 (c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND

2 FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al3 ternate to the Federal Cochairman, and any federal officer or employee de4 tailed to duty with the Commission under section 14306(a)(3) of this title

5 are not subject to this section but remain subject to sections 202–209 of

6 title 18.

7 (d) RESCISSION.—The Commission may declare void and rescind any con8 tract, loan, or grant of or by the Commission in relation to which it finds

9 that there has been a violation of subsection (a)(1) or (b) of this section

10 or any of the provisions of sections 202–209 of title 18.

11 § 14310. Annual report

12 Not later than six months after the close of each fiscal year, the Appa13 lachian Regional Commission shall prepare and submit to the Governor of

14 each State in the Appalachian region and to the President, for transmittal

15 to Congress, a report on the activities carried out under this subtitle during

16 the fiscal year.

17 SUBCHAPTER II—FINANCIAL ASSISTANCE

18 § 14321. Grants and other assistance

19 (a) AUTHORIZATION TO MAKE GRANTS.—

20 (1) IN GENERAL.—The Appalachian Regional Commission may make

21 grants—

22 (A) for administrative expenses, including the development of

23 areawide plans or action programs and technical assistance activi24 ties, of local development districts, but—

25 (i) the amount of a grant shall not exceed 50 percent of

26 administrative expenses;

27 (ii) grants for administrative expenses shall not be made

28 for a state agency certified as a local development district for

29 a period of more than three years beginning on the date the

30 initial grant is made for the development district; and

31 (iii) the local development district contributions for admin32 istrative expenses may be in cash or in kind, fairly evaluated,

33 including space, equipment, and services;

34 (B) for assistance to States for a period of not more than two

35 years to strengthen the state development planning process for the

36 Appalachian region and the coordination of state planning under

37 this subtitle, the Public Works and Economic Development Act of

38 1965 (42 U.S.C. 3121 et seq.), and other federal and state pro39 grams; and

40 (C) for investigation, research, studies, evaluations, and assess41 ments of needs, potentials, or attainments of the people of the re-
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1 gion, technical assistance, training programs, demonstrations, and

2 the construction of necessary facilities incident to those activities,

3 which will further the purposes of this subtitle.

4 (2) LIMITATION ON AVAILABLE AMOUNTS.—

5 (A) IN GENERAL.—Except as provided in subparagraph (B), not

6 more than 50 percent (or 80 percent in the case of a project to

7 be carried out in a county for which a distressed county designa8 tion is in effect under section 14516 of this title) of the cost of

9 any activity eligible for financial assistance under this section may

10 be provided from amounts appropriated to carry out this subtitle.

11 (B) DISCRETIONARY GRANTS.—

12 (i) GRANTS TO WHICH PERCENTAGE LIMITATION DOESN’T

13 APPLY.—Discretionary grants made by the Commission to

14 implement significant regional initiatives, to take advantage

15 of special development opportunities, or to respond to emer16 gency economic distress in the region may be made without

17 regard to the percentage limitations specified in subparagraph

18 (A).

19 (ii) LIMITATION ON AGGREGATE AMOUNT.—For each fiscal

20 year, the aggregate amount of discretionary grants referred

21 to in clause (i) shall not be more than 10 percent of the

22 amount appropriated under section 14703 for the fiscal year.

23 (3) SOURCES OF GRANTS.—Grant amounts may be provided entirely

24 from appropriations to carry out this section, in combination with

25 amounts available under other federal or federal grant-in-aid programs,

26 or from any other source.

27 (4) FEDERAL SHARE.—Notwithstanding any law limiting the federal

28 share in any other federal or federal grant-in-aid program, amounts ap29 propriated to carry out this section may be used to increase the federal

30 share, as the Commission decides is appropriate.

31 (b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOP32 MENT.—

33 (1) IN GENERAL.—The Commission may provide assistance under

34 this section for demonstrations of enterprise development, including site

35 acquisition or development where necessary for the feasibility of the

36 project, in connection with the development of the region’s energy re37 sources and the development and stimulation of indigenous arts and

38 crafts of the region.

39 (2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the pur40 poses of this subtitle and in implementing this section, the Secretary

41 of Energy, the Environmental Protection Agency, and other federal
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1 agencies shall cooperate with the Commission and shall provide assist2 ance that the Federal Cochairman may request.

3 (3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—

4 (A) $3,000,000 shall be obligated for energy resource related

5 demonstrations; and

6 (B) $2,500,000 shall be obligated for indigenous arts and crafts

7 demonstrations.

8 (c) RECORDS.—

9 (1) COMMISSION.—The Commission, as required by the President,

10 shall maintain accurate and complete records of transactions and ac11 tivities financed with federal amounts and report to the President on

12 the transactions and activities. The records of the Commission are

13 available for audit with respect to grants by the President and the

14 Comptroller General.

15 (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of federal as16 sistance under this section, as required by the Commission, shall main17 tain accurate and complete records of transactions and activities fi18 nanced with federal amounts and report to the Commission on the

19 transactions and activities. The records are be available for audit by

20 the President, the Comptroller General, and the Commission.

21 § 14322. Approval of development plans, investment pro22 grams, and projects

23 (a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian Re24 gional Commission annually shall review and approve, in accordance with

25 section 14302 of this title, state and regional development plans and imple26 menting investment programs, and any multistate subregional plans which

27 may be developed.

28 (b) APPLICATION PROCESS.—An application for a grant or for other as29 sistance for a specific project under this subtitle shall be made through the

30 state member of the Commission representing the applicant. The state

31 member shall evaluate the application for approval. To be approved, the

32 state member must certify, and the Federal Cochairman must determine,

33 that the application—

34 (1) implements the Commission-approved state development plan;

35 (2) is included in the Commission-approved implementing investment

36 program;

37 (3) adequately ensures that the project will be properly administered,

38 operated, and maintained; and

39 (4) otherwise meets the requirements for assistance under this sub40 title.
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1 (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the appro2 priate state development plan and implementing investment program are ap3 proved, certification by a state member, when joined by an affirmative vote

4 of the Federal Cochairman, is deemed to satisfy the requirements for af5 firmative votes for decisions under section 14302(a) of this title.

6 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. Supplements to federal grant-in-aid programs.

SUBCHAPTER II—ADMINISTRATIVE

14511. Required level of expenditure.

14512. Consent of States.

14513. Program implementation.

14514. Program development criteria.

14515. State development planning process.

14516. Distressed and economically strong counties.

7 SUBCHAPTER I–PROGRAMS

8 § 14501. Appalachian development highway system

9 (a) PURPOSE.—To provide a highway system which, in conjunction with

10 the Interstate System and other Federal-aid highways in the Appalachian

11 region, will open up an area with a developmental potential where commerce

12 and communication have been inhibited by lack of adequate access, the Sec13 retary of Transportation may assist in the construction of an Appalachian

14 development highway system and local access roads serving the Appalachian

15 region. The development highway system shall not be more than 3,025

16 miles. There shall not be more than 1,400 miles of local access roads that

17 serve specific recreational, residential, educational, commercial, industrial,

18 or similar facilities or facilitate a school consolidation program.

19 (b) COMMISSION DESIGNATIONS.—

20 (1) WHAT IS TO BE DESIGNATED.—The Appalachian Regioinal Com21 mission shall transmit to the Secretary its designations of—

22 (A) the general corridor location and termini of the development

23 highways;

24 (B) local access roads to be constructed;

25 (C) priorities for the construction of segments of the develop26 ment highways; and

27 (D) other criteria for the program authorized by this section.

28 (2) STATE TRANSPORTATION DEPARTMENT RECOMMENDATION RE29 QUIRED.—Before a state member participates in or votes on designa30 tions, the member must obtain the recommendations of the state trans31 portation department of the State which the member represents.
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1 (c) ADDITION TO FEDERAL-AID PRIMARY SYSTEM.—When completed,

2 each development highway not already on the Federal-aid primary system

3 shall be added to the system.

4 (d) USE OF SPECIFIC MATERIALS AND PRODUCTS.—

5 (1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construction of

6 highways and roads authorized under this section, a State may give

7 special preference to the use of materials and products indigenous to

8 the Appalachian region.

9 (2) COAL DERIVATIVES.—For research and development in the use

10 of coal and coal products in highway construction and maintenance, the

11 Secretary may require each participating State, to the maximum extent

12 possible, to use coal derivatives in the construction of not more than

13 10 percent of the roads authorized under this subtitle.

14 (e) FEDERAL SHARE.—Federal assistance to any construction project

15 under this section shall not be more than 80 percent of the cost of the

16 project.

17 (f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—

18 (1) PAYMENT OF FEDERAL SHARE.—When a participating State

19 constructs a segment of a development highway without the aid of fed20 eral amounts and the construction is in accordance with all procedures

21 and requirements applicable to the construction of segments of Appa22 lachian development highways with those amounts, except for proce23 dures and requirements that limit a State to the construction of

24 projects for which federal amounts have previously been appropriated,

25 the Secretary, on application by the State and with the approval of the

26 Commission, may pay to the State the federal share, which shall not

27 be more than 80 percent of the cost of the construction of the segment,

28 from any amounts appropriated and allocated to the State to carry out

29 this section.

30 (2) NO COMMITMENT OR OBLIGATION.—This subsection does not

31 commit or obligate the Federal Government to provide amounts for

32 segments of development highways constructed under this subsection.

33 (g) APPLICATION OF TITLE 23.—

34 (1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of title 23

35 apply to the development highway system and the local access roads.

36 (2) CONSTRUCTION AND MAINTENANCE.—States are required to

37 maintain each development highway and local access road as provided

38 for Federal-aid highways in title 23. All other provisions of title 23 that

39 are applicable to the construction and maintenance of Federal-aid pri40 mary and secondary highways and which the Secretary decides are not
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1 inconsistent with this subtitle shall apply to the system and roads, re2 spectively.

3 § 14502. Demonstration health projects

4 (a) PURPOSE.—To demonstrate the value of adequate health facilities and

5 services to the economic development of the Appalachian region, the Sec6 retary of Health and Human Services may make grants for the planning,

7 construction, equipment, and operation of multi-county demonstration

8 health, nutrition, and child care projects, including hospitals, regional health

9 diagnostic and treatment centers, and other facilities and services necessary

10 for the purposes of this section.

11 (b) PLANNING GRANTS.—

12 (1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—The

13 Secretary may provide amounts to the Appalachian Regional Commis14 sion for the support of its Health Advisory Committee and may make

15 grants for expenses of planning necessary for the development and op16 eration of demonstration health projects for the region.

17 (2) FEDERAL SHARE.—The amount of a grant under this section for

18 planning shall not be more than 75 percent of expenses. The federal

19 contribution may be provided entirely from amounts authorized under

20 this section or in combination with amounts provided under other fed21 eral or federal grant-in-aid programs. Notwithstanding any provision of

22 law limiting the federal share in those other programs, amounts appro23 priated to carry out this section may be used to increase the federal

24 share to the maximum percentage cost of a grant authorized under this

25 subsection.

26 (c) CONSTRUCTION AND EQUIPMENT GRANTS.—

27 (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants under

28 this section for construction may also be used for—

29 (A) the acquisition of privately owned facilities—

30 (i) not operated for profit; or

31 (ii) previously operated for profit if the Commission finds

32 that health services would not otherwise be provided in the

33 area served by the facility if the acquisition is not made; and

34 (B) initial equipment.

35 (2) STANDARDS FOR MAKING GRANTS.—Grants under this section

36 for construction shall be made in accordance with section 14513 of this

37 title and shall not be incompatible with the applicable provisions of title

38 VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Men39 tal Retardation Facilities and Community Mental Health Centers Con40 struction Act of 1963 (42 U.S.C. 6000 et seq.), and other laws author41 izing grants for the construction of health-related facilities, without re-
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1 gard to any provisions in those laws related to appropriation authoriza2 tion ceilings or to allotments among the States.

3 (3) FEDERAL SHARE.—A grant for the construction or equipment of

4 any component of a demonstration health project shall not be more

5 than 80 percent of the cost. The federal contribution may be provided

6 entirely from amounts authorized under this section or in combination

7 with amounts provided under other federal grant-in-aid programs for

8 the construction or equipment of health-related facilities. Notwith9 standing any provision of law limiting the federal share in those other

10 programs, amounts authorized under this section may be used to in11 crease federal grants for component facilities of a demonstration health

12 project to a maximum of 80 percent of the cost of the facilities.

13 (d) OPERATION GRANTS.—

14 (1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of

15 a demonstration health project shall not be made—

16 (A) unless the facility is publicly owned, or owned by a public

17 or private nonprofit organization, and is not operated for profit;

18 (B) after five years following the commencement of the initial

19 grant for operation of the project, except that child development

20 demonstrations assisted under this section during fiscal year 1979

21 may be approved under section 14322 of this title for continued

22 support beyond that period, on request of the State, if the Com23 mission finds that no federal, state, or local amounts are available

24 to continue the project; and

25 (C) unless the Secretary of Health and Human Services is satis26 fied that the operation of the project will be conducted under effi27 cient management practices designed to obviate operating deficits.

28 (2) FEDERAL SHARE.—Grants under this section for the operation

29 (including initial operating amounts and operating deficits, which in30 clude the cost of attracting, training, and retaining qualified personnel)

31 of a demonstration health project, whether or not constructed with

32 amounts authorized by this section, may be made for up to 50 percent

33 of the cost of that operation (or 80 percent of the cost of that oper34 ation for a project to be carried out in a county for which a distressed

35 county designation is in effect under section 14516 of this title). The

36 federal contribution may be provided entirely from amounts appro37 priated to carry out this section or in combination with amounts pro38 vided under other federal grant-in-aid programs for the operation of

39 health related facilities and the provision of health and child develop40 ment services, including parts A and B of title IV and title XX of the

41 Social Security Act (42 U.S.C. 601 et seq., 620 et seq., 1397 et seq.).
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1 Notwithstanding any provision of law limiting the federal share in

2 those other programs, amounts appropriated to carry out this section

3 may be used to increase federal grants for operating components of a

4 demonstration health project to the maximum percentage cost of oper5 ation authorized by this subsection.

6 (3) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING ASSIST7 ANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provi8 sion of the Social Security Act (42 U.S.C. 301 et seq.) requiring assist9 ance or services on a statewide basis, a State providing assistance or

10 services under a federal grant-in-aid program described in paragraph

11 (2) in any area of the region approved by the Commission is deemed

12 to be meeting that requirement.

13 (e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOT14 MENTS.—Grants under this section—

15 (1) shall be made only out of amounts specifically appropriated for

16 the purpose of carrying out this subtitle; and

17 (2) shall not be taken into account in computing allotments among

18 the States under any other law.

19 (f) MAXIMUM COMMISSION CONTRIBUTION.—

20 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

21 contribute not more than 50 percent of any project cost eligible for fi22 nancial assistance under this section from amounts appropriated to

23 carry out this subtitle.

24 (2) DISTRESSED COUNTIES.—The maximum Commission contribu25 tion for a project to be carried out in a county for which a distressed

26 county designation is in effect under section 14516 of this title may

27 be increased to the lesser of—

28 (A) 80 percent; or

29 (B) the maximum federal contribution percentage authorized by

30 this section.

31 (g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—To

32 provide for the further development of the Appalachian region’s human re33 sources, grants under this section shall give special emphasis to programs

34 and research for the early detection, diagnosis, and treatment of occupa35 tional diseases arising from coal mining, such as black lung.

36 § 14503. Assistance for proposed low- and middle-income

37 housing projects

38 (a) APPALACHIAN HOUSING FUND.—

39 (1) ESTABLISHMENT.—There is an Appalachian Housing Fund.

40 (2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to

41 the Secretary of Housing and Urban Development for the purposes of
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1 this section shall be deposited in the Fund. The Secretary shall use the

2 Fund as a revolving fund to carry out those purposes. Amounts in the

3 Fund not needed for current operation may be invested in bonds or

4 other obligations the Federal Government guarantees as to principal

5 and interest. General expenses of administration of this section may be

6 charged to the Fund.

7 (b) PURPOSE.—To encourage and facilitate the construction or rehabilita8 tion of housing to meet the needs of low- and moderate-income families and

9 individuals, the Secretary may make grants and loans from the Fund, under

10 terms and conditions as the Secretary may prescribe. The grants and loans

11 may be made to nonprofit, limited dividend, or cooperative organizations

12 and public bodies and are for planning and obtaining federally insured mort13 gage financing or other financial assistance for housing construction or re14 habilitation projects for low- and moderate-income families and individuals,

15 in any area of the Appalachian region the Appalachian Regional Commis16 sion establishes, under—

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

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

19 1437f);

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

21 (4) any other law of similar purpose administered by the Secretary

22 or any other department, agency, or instrumentality of the Federal

23 Government or a state government.

24 (c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The

25 Secretary or the Commission may provide amounts to the States for making

26 grants and loans to nonprofit, limited dividend, or cooperative organizations

27 and public bodies for the purposes for which the Secretary may provide

28 amounts under this section.

29 (d) LOANS.—

30 (1) FEDERAL SHARE.—A loan under subsection (b) shall not be

31 more than 50 percent (or 80 percent for a project to be carried out

32 in a county for which a distressed county designation is in effect under

33 section 14516 of this title) of the cost of planning and obtaining fi34 nancing for a project, including preliminary surveys and analyses of

35 market needs, preliminary site engineering and architectural fees, site

36 options, application and mortgage commitment fees, legal fees, and

37 construction loan fees and discounts.

38 (2) INTEREST.—A loan shall be made without interest, except that

39 a loan made to an organization established for profit shall bear interest

40 at the prevailing market rate authorized for an insured or guaranteed

41 loan for that type of project.
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1 (3) PAYMENT.—The Secretary shall require payment of a loan made

2 under this section, under terms and conditions the Secretary may re3 quire, no later than on completion of the project. Except for a loan to

4 an organization established for profit, the Secretary may cancel any

5 part of a loan made under this section on determining that a perma6 nent loan to finance the project cannot be obtained in an amount ade7 quate for repayment of a loan made under this section.

8 (e) GRANTS.—

9 (1) IN GENERAL.—A grant under this section shall not be made to

10 an organization established for profit and, except as provided in para11 graph (2), shall not exceed 50 percent (or 80 percent for a project to

12 be carried out in a county for which a distressed county designation

13 is in effect under section 14516 of this title) of expenses, incident to

14 planning and obtaining financing for a project, which the Secretary

15 considers not to be recoverable from the proceeds of a permanent loan

16 made to finance the project.

17 (2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—The

18 Secretary may make grants and commitments for grants, and may ad19 vance amounts under terms and conditions the Secretary may require,

20 to nonprofit, limited dividend, or cooperative organizations and public

21 bodies for reasonable site development costs and necessary offsite im22 provements, such as sewer and water line extensions, when the grant,

23 commitment, or advance is essential to the economic feasibility of a

24 housing construction or rehabilitation project for low- and moderate-in25 come families and individuals which otherwise meets the requirements

26 for assistance under this section. A grant under this paragraph for—

27 (A) the construction of housing shall not be more than 10 per28 cent of the cost of the project; and

29 (B) the rehabilitation of housing shall not be more than 10 per30 cent of the reasonable value of the rehabilitation housing, as deter31 mined by the Secretary.

32 (f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Sec33 retary or the Commission may provide, or contract with public or private

34 organizations to provide, information, advice, and technical assistance with

35 respect to the construction, rehabilitation, and operation by nonprofit orga36 nizations of housing for low- or moderate- income families in areas of the

37 region the Commission establishes.

38 (g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects as39 sisted under this section are subject to the provisions cited in section 14701

40 of this title to the extent provided in the laws authorizing assistance for low41 and moderate-income housing.
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1 § 14504. Supplements to federal grant-in-aid programs

2 (a) DEFINITION.—

3 (1) FEDERAL GRANT-IN-AID PROGRAMS.—In this section, the term

4 ‘‘federal grant-in-aid programs’’—

5 (A) means federal grant-in-aid programs for the acquisition or

6 development of land, the construction or equipment of facilities, or

7 other community or economic development or economic adjustment

8 activities, including grant-in-aid programs authorized by—

9 (i) the Consolidated Farm and Rural Development Act (7

10 U.S.C. 1921 et seq.);

11 (ii) the Land and Water Conservation Fund Act of 1965

12 (16 U.S.C. 460l–4 et seq.);

13 (iii) the Watershed Protection and Flood Prevention Act

14 (16 U.S.C. 1001 et seq.);

15 (iv) part A of title VI and title VII of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1121 et seq., 1132a et seq.);

17 (v) the Carl D. Perkins Vocational and Technical Edu18 cation Act of 1998 (20 U.S.C. 2301 et seq.);

19 (vi) grants under the Act of November 2, 1921 (25 U.S.C.

20 13) (known as the Snyder Act);

21 (vii) the Federal Water Pollution Control Act (33 U.S.C.

22 1251 et seq.) (known as the Clean Water Act);

23 (viii) titles VI and XVI of the Public Health Services Act

24 (42 U.S.C. 291 et seq., 300q et seq.);

25 (ix) the housing repair program for homeowners authorized

26 by section 1119 of the Social Security Act (42 U.S.C. 1319);

27 (x) sections 201 and 209 of the Public Works and Eco28 nomic Development Act of 1965 (42 U.S.C. 3141, 3149);

29 (xi) title I of the Housing and Community Development

30 Act of 1974 (42 U.S.C. 5301 et seq.); and

31 (xii) part IV of title III of the Communications Act of 1934

32 (47 U.S.C. 390 et seq.); but

33 (B) does not include—

34 (i) the program for the construction of the development

35 highway system authorized by section 14501 of this title or

36 any other program relating to highway or road construction

37 authorized by title 23; or

38 (ii) any other program for which loans or other federal fi39 nancial assistance, except a grant-in-aid program, is author40 ized.
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1 (2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED

2 WITH FEDERAL GRANT-IN-AID ASSISTANCE.—For the purpose of this

3 section, any sewage treatment works constructed pursuant to title II

4 of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)

5 (known as the Clean Water Act) without federal grant-in-aid assistance

6 under that title is deemed to be constructed with that assistance.

7 (b) PURPOSE.—To enable the people, States, and local communities of

8 the Appalachian region, including local development districts, to take max9 imum advantage of federal grant-in-aid programs for which they are eligible

10 but for which, because of their economic situation, they cannot supply the

11 required matching share, or for which there are insufficient amounts avail12 able under the federal grant-in-aid law authorizing the programs to meet

13 pressing needs of the region, the Federal Cochairman may use amounts

14 made available to carry out this section—

15 (1) for any part of the basic federal contribution to projects or ac16 tivities under the federal grant-in-aid programs authorized by federal

17 grant-in-aid laws; and

18 (2) to increase the federal contribution to projects and activities

19 under the programs above the fixed maximum part of the cost of the

20 projects or activities otherwise authorized by the applicable law.

21 (c) CERTIFICATION REQUIRED.—For a program, project, or activity for

22 which any part of the basic federal contribution to the project or activity

23 under a federal grant-in-aid program is proposed to be made under sub24 section (b), the contribution shall not be made until the responsible federal

25 official administering the federal grant-in-aid law authorizing the contribu26 tion certifies that the program, project, or activity meets the applicable re27 quirements of the federal grant-in-aid law and could be approved for federal

28 contribution under that law if amounts were available under the law for the

29 program, project, or activity.

30 (d) AVAILABILITY OF AMOUNTS.—

31 (1) NO DIMINISHMENT OF AMOUNTS AVAILABLE UNDER OTHER

32 LAWS.—Amounts may be provided for programs, activities, and

33 projects in a State under this section only if the Appalachian Regional

34 Commission determines that the level of federal and state financial as35 sistance under other laws, for the same type of programs, activites, or

36 projects in that part of the State within the region, will not be dimin37 ished in order to substitute amounts authorized by this section.

38 (2) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts pro39 vided pursuant to this subtitle are available without regard to any limi40 tations on areas eligible for assistance or authorizations for appropria41 tion in any other law.
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1 (e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental grant for

2 a project or activity under a federal grant-in-aid program, the Federal Co3 chairman shall accept any finding, report, certification, or documentation re4 quired to be submitted to the head of the department, agency, or instrumen5 tality of the Federal Government responsible for the administration of the

6 program.

7 (f) FEDERAL SHARE.—The federal portion of the cost of a project or ac8 tivity shall not—

9 (1) be increased to more than the percentages the Commission estab10 lishes; and

11 (2) be more than 80 percent of the cost.

12 (g) MAXIMUM COMMISSION CONTRIBUTION.—

13 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

14 contribute not more than 50 percent of a project or activity cost eligible

15 for financial assistance under this section from amounts appropriated

16 to carry out this subtitle.

17 (2) DISTRESSED COUNTIES.— The maximum Commission contribu18 tion for a project or activity to be carried out in a county for which

19 a distressed county designation is in effect under section 14516 may

20 be increased to 80 percent.

21 SUBCHAPTER II—ADMINISTRATIVE

22 § 14511. Required level of expenditure

23 A State or political subdivision of a State is not eligible to receive benefits

24 under this subtitle unless the aggregate expenditure of state amounts, ex25 cept expenditures for participation in the Dwight D. Eisenhower System of

26 Interstate and Defense Highways and local and federal amounts, for the

27 benefit of the area within the State located in the Appalachian region are

28 maintained at a level which does not fall below the average level of those

29 expenditures for the State’s last two full fiscal years prior to March 9,

30 1965. In computing the level, a State’s past expenditure for participation

31 in the Dwight D. Eisenhower System of Interstate and Defense Highways

32 and expenditures of local and federal amounts shall not be included. The

33 Commission shall recommend to the President a lesser requirement when it

34 finds that a substantial population decrease in that part of a State which

35 lies within the region would not justify a state expenditure equal to the av36 erage level of the last two years or when it finds that a State’s average level

37 of expenditure in an individual program has been disproportionate to the

38 present need for that part of the State.

39 § 14512. Consent of States

40 This subtitle does not require a State to engage in or accept a program

41 under this subtitle without its consent.
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1 § 14513. Program implementation

2 (a) REQUIREMENTS.—A program or project authorized under this chapter

3 shall not be implemented until—

4 (1) the responsible federal official has decided that applications and

5 plans relating to the program or project are not incompatible with the

6 provisions and objectives of federal laws that the official administers

7 that are not inconsistent with this subtitle; and

8 (2) the Commission has approved the program or project and has

9 determined that it—

10 (A) meets the applicable criteria under section 14514 of this

11 title and the requirements of the development planning process

12 under section 14515 of this title; and

13 (B) will contribute to the development of the Appalachian re14 gion.

15 (b) DECISION IS CONTROLLING.—A decision under subsection (a)(2) is

16 controlling and shall be accepted by the federal agencies.

17 § 14514. Program development criteria

18 (a) FACTOR TO BE CONSIDERED.—In considering programs and projects

19 to be given assistance under this subtitle, and in establishing a priority

20 ranking of the requests for assistance presented to the Appalachian Re21 gional Commission, the Commission shall follow procedures that will ensure

22 consideration of—

23 (1) the relationship of the project or class of projects to overall re24 gional development, including its location in—

25 (A) an area determined by the State to have a significant poten26 tial for growth; or

27 (B) a severely and persistently distressed county or area;

28 (2) the population and area to be served by the project or class of

29 projects, including the relative per capita income and the unemploy30 ment rates in the area;

31 (3) the relative financial resources available to the State or political

32 subdivisions or instrumentalities of the State that seek to undertake

33 the project;

34 (4) the importance of the project or class of projects in relation to

35 other projects or classes of projects that may be in competition for the

36 same amounts;

37 (5) the prospects that the project for which assistance is sought will

38 improve, on a continuing rather than a temporary basis, the opportuni39 ties for employment, the average level of income, or the economic and

40 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 § 14515. State development planning process

14 (a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian

15 Regional Commission establishes, each state member shall submit a develop16 ment plan for the area of the State within the Appalachian region. The plan

17 shall—

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

19 (2) reflect the goals, objectives, and priorities identified in the re20 gional development plan and in any subregional development plan

21 which may be approved for the subregion of which the State is a part;

22 (3) describe the state organization and continuous process for Appa23 lachian development planning, including—

24 (A) the procedures established by the State for the participation

25 of local development districts in the process;

26 (B) how the process is related to overall statewide planning and

27 budgeting processes; and

28 (C) the method of coordinating planning and projects in the re29 gion under this subtitle, the Public Works and Economic Develop30 ment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal,

31 state, and local programs;

32 (4) set forth the goals, objectives, and priorities of the State for the

33 region, as established by the Governor, and identify the needs on which

34 the goals, objectives, and priorities are based; and

35 (5) describe the development program for achieving the goals, objec36 tives, and priorities, including financing sources, and recommendations

37 for specific projects to receive assistance under this subtitle.

38 (b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the

39 preparation and execution of areawide action programs which specify inter40 related projects and schedules of actions, the necessary agency financing,
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1 and other commitments to implement the programs. The programs shall

2 make appropriate use of existing plans affecting the area.

3 (c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts cer4 tified by the State as described in section 14102(a)(2) of this title provide

5 the linkage between state and substate planning and development. The dis6 tricts shall assist the States in the coordination of areawide programs and

7 projects and may prepare and adopt areawide plans or action programs. In

8 carrying out the development planning process, including the selection of

9 programs and projects for assistance, States shall consult with local develop10 ment districts, local units of government, and citizen groups and shall con11 sider the goals, objectives, priorities, and recommendations of those bodies.

12 (d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable,

13 federal departments, agencies, and instrumentalities undertaking or pro14 viding financial assistance for programs or projects in the region shall—

15 (1) take into account the policies, goals, and objectives the Commis16 sion and its member States establish pursuant to this subtitle;

17 (2) recognize Appalachian state development programs approved by

18 the Commission as satisfying requirements for overall economic devel19 opment planning under the programs or projects; and

20 (3) accept the boundaries and organization of any local development

21 district certified under this subtitle that the Governor may designate

22 as the areawide agency required under any of those programs under23 taken or assisted by those federal departments, agencies, and instru24 mentalities.

25 § 14516. Distressed and economically strong counties

26 (a) DESIGNATIONS.—

27 (1) IN GENERAL.—The Appalachian Regional Commission, in ac28 cordance with criteria the Commission may establish, each year shall—

29 (A) designate as ‘‘distressed counties’’ those counties in the Ap30 palachian region that are the most severely and persistently dis31 tressed; and

32 (B) designate two categories of economically strong counties,

33 consisting of—

34 (i) ‘‘competitive counties’’, which shall be those counties in

35 the region that are approaching economic parity with the rest

36 of the United States; and

37 (ii) ‘‘attainment counties’’, which shall be those counties in

38 the region that have attained or exceeded economic parity

39 with the rest of the United States.

40 (2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall—
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1 (A) conduct an annual review of each designation of a county

2 under paragraph (1) to determine if the county still meets the cri3 teria for the designation; and

4 (B) renew the designation for another one-year period only if

5 the county still meets the criteria.

6 (b) DISTRESSED COUNTIES.—In program and project development and

7 implementation and in the allocation of appropriations made available to

8 carry out this subtitle, the Commission shall give special consideration to

9 the needs of counties for which a distressed county designation is in effect

10 under this section.

11 (c) ECONOMICALLY STRONG COUNTIES.—

12 (1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3)

13 and (4), assistance under this subtitle for a project that is carried out

14 in a county for which a competitive county designation is in effect

15 under this section shall not be more than 30 percent of the project

16 cost.

17 (2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3)

18 and (4), amounts may not be provided under this subtitle for a project

19 that is carried out in a county for which an attainment county designa20 tion is in effect under this section.

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

22 (A) a project on the Appalachian development highway system

23 authorized by section 14501 of this title;

24 (B) a local development district administrative project assisted

25 under section 14321(a)(1)(A) of this title; or

26 (C) a multicounty project that is carried out in at least two

27 counties designated under this section if—

28 (i) at least one of the participating counties is designated

29 as a distressed county under this section; and

30 (ii) the project will be of substantial direct benefit to at

31 least one distressed county.

32 (4) WAIVER.—

33 (A) IN GENERAL.—The Commission may waive the require34 ments of paragraphs (1) and (2) for a project when the recipient

35 of assistance for the project shows the existence of any of the fol36 lowing:

37 (i) a significant pocket of distress in the part of the county

38 in which the project is carried out.

39 (ii) a significant potential benefit from the project in at

40 least one area of the region outside the designated county.
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1 (B) REPORTS TO CONGRESS.—The Commission shall submit to

2 the Committee on Environment and Public Works of the Senate

3 and the Committee on Transportation and Infrastructure of the

4 House of Representatives an annual report describing each waiver

5 granted under subparagraph (A) during the period covered by the

6 report.

7 CHAPTER 147—MISCELLANEOUS

Sec.

14701. Applicable labor standards.

14702. Nondiscrimination.

14703. Authorization of appropriations.

14704. Termination.

8 § 14701. Applicable labor standards

9 All laborers and mechanics employed by contractors or subcontractors in

10 the construction, alteration, or repair, including painting and decorating, of

11 projects, buildings, and works which are financially assisted through federal

12 amounts authorized under this subtitle shall be paid wages at rates not less

13 than those prevailing on similar construction in the locality as the Secretary

14 of Labor determines in accordance with sections 3141–3144, 3146, and

15 3147 of this title. With respect to those labor standards, the Secretary has

16 the authority and functions set forth in Reorganization Plan Numbered 14

17 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.

18 § 14702. Nondiscrimination

19 An individual in the United States shall not, because of sex, be excluded

20 from participation in, be denied the benefits of, or be subjected to discrimi21 nation under, a program or activity receiving federal financial assistance

22 under this subtitle.

23 § 14703. Authorization of appropriations

24 (a) IN GENERAL.—In addition to amounts authorized by section 14501

25 of this title and other amounts made available for the Appalachian develop26 ment highway system program, $70,000,000 for fiscal year 2001 may be

27 appropriated to the Appalachian Regional Commission to carry out this sub28 title.

29 (b) AVAILABILITY.—Amounts made available under subsection (a) remain

30 available until expended.

31 § 14704. Termination

32 This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to

33 be in effect on October 1, 2001.

34 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
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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

1 CHAPTER 171—SAFETY STANDARDS FOR MOTOR

2 VEHICLES

Sec.

17101. Definitions.

17102. Prohibition on acquisition or purchase of motor vehicles by Federal Government.

17103. Commercial standards for passenger safety devices.

3 § 17101. Definitions

4 In this section, the following definitions apply:

5 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ in6 cludes the government of the District of Columbia.

7 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle,

8 self-propelled or drawn by mechanical power, designed for use on the

9 highways principally for the transportation of passengers, except a ve10 hicle designed or used for military field training, combat, or tactical

11 purposes.

12 § 17102. Prohibition on acquisition or purchase of motor

13 vehicles by Federal Government

14 The Federal Government shall not purchase a motor vehicle for use by

15 the Government unless that motor vehicle is equipped with reasonable pas16 senger safety devices that the Administrator of General Services requires.

17 Those devices shall conform with standards the Administrator prescribes

18 under section 17103 of this title.

19 § 17103. Commercial standards for passenger safety devices

20 The Administrator of General Services shall prescribe and publish in the

21 Federal Register commercial standards for passenger safety devices the Ad22 ministrator requires under section 17102 of this title. Changes in the stand23 ards take effect one year and 90 days after the publication of the standards

24 in the Federal Register.

25 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.

26 § 17301. Definitions

27 In this chapter, the following definitions apply:
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1 (1) REPLACEMENT.—The term ‘‘replacement’’ means payment, reim2 bursement, replacement, or duplication or the expenses incident to pay3 ment, reimbursement, replacement, or duplication.

4 (2) SHIPMENT.—The term ‘‘shipment’’—

5 (A) means the transportation, or the effecting of transportation,

6 of valuables, without limitation as to the means or facilities used

7 or by which the transportation is effected or the person to whom

8 it is made; and

9 (B) includes shipments made to any executive department, inde10 pendent establishment, agency, wholly or partly owned Govern11 ment corporation, officer, or employee of the Federal Government,

12 or any person acting on behalf of, or at the direction of, the execu13 tive department, independent establishment, agency, wholly or

14 partly owned Government corporation, officer, or employee.

15 (3) VALUABLES.—

16 (A) DEFINITION.—The term ‘‘valuables’’ means any articles or

17 things or representatives of value—

18 (i) in which the Federal Government, its executive depart19 ments, independent establishments, and agencies, including

20 wholly owned Government corporations, and officers and em21 ployees of the Government or its executive departments, inde22 pendent establishments, and agencies while acting in their of23 ficial capacity, have any interest, or in connection with which

24 they have any obligation or responsibility; and

25 (ii) which the Secretary of the Treasury declares to be

26 valuables within the meaning of this chapter.

27 (B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS VAL28 UABLE.—The Secretary shall not declare articles or things that

29 are lost, destroyed, or damaged in the course of shipment to be

30 valuables unless the Secretary determines that replacement of the

31 articles or things in accordance with the procedure established in

32 this chapter would be in the public interest.

33 (4) WHOLLY OWNED GOVERNMENT CORPORATION.—The term

34 ‘‘wholly owned Government corporation’’—

35 (A) means any corporation, regardless of the law under which

36 it is incorporated, the capital of which is entirely owned by the

37 Federal Government; and

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

39 the corporation.
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1 § 17302. Compliance

2 (a) PRESCRIBING REGULATIONS.—With the approval of the President,

3 the Secretary of the Treasury and the United States Postal Service jointly

4 shall prescribe regulations governing the shipment of valuables by an execu5 tive department, independent establishment, agency, wholly owned Govern6 ment corporation, officer, or employee of the Federal Government, with a

7 view to minimizing the risk of loss and destruction of, and damage to,

8 valuables in shipment.

9 (b) COMPLIANCE.—Each executive department, independent establish10 ment, agency, wholly owned Government corporation, officer, and employee

11 of the Government, and each person acting for, or at the direction of, the

12 executive department, independent establishment, agency, wholly owned

13 Government corporation, officer, or employee, must comply with the regula14 tions when making any shipment of valuables.

15 § 17303. Fund for the payment of Government losses in ship16 ment

17 (a) ESTABLISHMENT.—There is a revolving fund in the Treasury known

18 as ‘‘the fund for the payment of Government losses in shipment’’.

19 (b) USE.—The fund shall be used for the replacement of valuables, or

20 the value of valuables, lost, destroyed, or damaged while being shipped in

21 accordance with regulations prescribed under section 17302 of this title.

22 (c) UNAVAILABILITY.—The fund is not available with respect to any loss,

23 destruction, or damage affecting valuables—

24 (1) that relates to property of the United States Postal Service that

25 is chargeable to its officers or employees; or

26 (2) of which shipment shall have been made at the risk of persons

27 other than the Federal Government and the executive departments,

28 independent establishments, agencies, wholly owned Government cor29 porations, officers and employees of the Government.

30 (d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and

31 repayments on account of loss, destruction, or damage to valuables for

32 which replacement is made out of the fund shall be credited to it and are

33 available for the purposes of the fund.

34 (e) APPROPRIATIONS.—Necessary amounts are appropriated for the fund.

35 § 17304. Claim for replacement

36 (a) PRESENTATION OF CLAIM.—When valuables that have been shipped

37 in accordance with regulations prescribed under section 17302 of this title

38 are lost, destroyed, or damaged, a claim in writing for replacement shall be

39 made on the Secretary of the Treasury.

40 (b) DECISION OF THE SECRETARY OF THE TREASURY.—
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1 (1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied

2 that the loss, destruction, or damage has occurred and that shipment

3 was made substantially in accordance with the regulations, the Sec4 retary shall have replacement be made out of the fund described in sec5 tion 17303 of this title through an officer the Secretary designates.

6 (2) REPLACEMENT MADE BY CREDIT.—When the Secretary decides

7 that any part of the replacement can be made, without actual or ulti8 mate injury to the Federal Government, by a credit in the accounts of

9 the executive department, independent establishment, agency, officer,

10 employee, or other accountable person making the claim, the Secretary

11 shall—

12 (A) certify the decision to the Comptroller General who, on re13 ceiving the certification, shall make the credit in the settlement of

14 accounts in the General Accounting Office; and

15 (B) use the fund only to the extent that the replacement cannot

16 be made by the credit.

17 (c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of the

18 Secretary that a loss, destruction, or damage has occurred or that a ship19 ment was made substantially in accordance with regulations is final and

20 conclusive and is not subject to review by any other officer of the Govern21 ment.

22 § 17305. Replacing lost, destroyed, or damaged stamps, secu23 rities, obligations, or money

24 Stamps, securities, or other obligations of the Federal Government, or

25 money lost, destroyed, or damaged while in the custody or possession of, or

26 charged to, the United States Postal Service while it is acting as agent for,

27 or on behalf of, the Secretary of the Treasury for the sale of the stamps,

28 securities, or obligations and for the collection of the money, shall be re29 placed out of the fund described in section 17303 of this title under regula30 tions the Secretary may prescribe, regardless of how the loss, destruction,

31 or damage occurs.

32 § 17306. Agreements of indemnity

33 (a) DEFINITION.—In this section, the term ‘‘Federal Government’’ in34 cludes wholly owned Government corporations, and officers and employees

35 of the Government or its executive departments, independent establish36 ments, and agencies while acting in their official capacity.

37 (b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the Treasury

38 may make and deliver, on behalf of the Federal Government, a binding

39 agreement of indemnity the Secretary considers necessary and proper to en40 able the Government to obtain the replacement of any instrument or

41 document—
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1 (1) received by the Government or an agent of the Government in

2 the agent’s official capacity; and

3 (2) which, after having been received, is lost, destroyed, or so muti4 lated as to impair its value.

5 (c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government

6 is not obligated under an agreement of indemnity if the obligee named in

7 the agreement makes a payment or delivery not required by law on the

8 original of the instrument or document covered by the agreement.

9 (d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES IN

10 SHIPMENT.—The fund described in section 17303 of this title is available

11 to pay any obligation arising out of an agreement the Secretary makes

12 under this section.

13 § 17307. Purchase of insurance

14 An executive department, independent establishment, agency, wholly

15 owned Government corporation, officer, or employee may expend money, or

16 incur an obligation, for insurance, or for the payment of premiums on insur17 ance, against loss, destruction, or damage in the shipment of valuables only

18 as specifically authorized by the Secretary of the Treasury. The Secretary

19 may give the authorization if the Secretary finds that the risk of loss, de20 struction, or damage in the shipment cannot be guarded against adequately

21 by the facilities of the Federal Government or that adequate replacement

22 cannot be provided under this chapter.

23 § 17308. Presumption of lawful conduct

24 For purposes of the propriety of an act or omission related to a shipment

25 to which the regulations prescribed under section 17302 of this title apply,

26 every officer and employee of the Federal Government and every individual

27 acting on behalf of a wholly owned Government corporation who makes a

28 shipment of valuables in good faith under, and substantially in accordance

29 with, the regulations is deemed to be acting in the faithful execution of the

30 officer’s, employee’s, or individual’s duties of office and in full performance

31 of any conditions of the officer’s, employee’s, or individual’s bond and oath

32 of office.

33 § 17309. Rules and regulations

34 (a) GENERAL AUTHORITY.—With the approval of the President, the Sec35 retary of the Treasury may prescribe rules and regulations necessary to

36 carry out the duties and powers vested in the Secretary under this chapter.

37 (b) PROVIDING INFORMATION.—To carry out subsection (a), the Sec38 retary may require a person making a shipment of valuables or a claim for

39 replacement to make a declaration or to provide other information the Sec40 retary considers necessary.
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1 CHAPTER 175—FEDERAL MOTOR VEHICLE

2 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.

3 § 17501. Definitions

4 In this chapter, the following definitions apply:

5 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—

6 (A) means an executive agency (as that term is defined in sec7 tion 105 of title 5) that operates at least 300 motor vehicles; but

8 (B) does not include the Tennessee Valley Authority.

9 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—

10 (A) a vehicle self-propelled or drawn by mechanical power; but

11 not

12 (B) a vehicle designed or used for military field training, com13 bat, or tactical purposes, or any other special purpose vehicle ex14 empted from the requirements of this chapter by the Adminis15 trator of General Services.

16 § 17502. Monitoring system

17 The head of each executive agency shall designate one office, officer, or

18 employee of the agency—

19 (1) to establish and operate a central monitoring system for the

20 motor vehicle operations of the agency, related activities, and related

21 reporting requirements; and

22 (2) provide oversight of those operations, activities, and require23 ments.

24 § 17503. Data collection

25 (a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive

26 agency shall develop a system to identify, collect, and analyze data with re27 spect to all costs (including obligations and outlays) the agency incurs in

28 the operation, maintenance, acquisition, and disposition of motor vehicles,

29 including vehicles owned or leased by the Federal Government and privately

30 owned vehicles used for official purposes.

31 (b) REQUIREMENTS FOR DATA SYSTEMS.—

32 (1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller

33 General of the United States and the Director of the Office of Manage-
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1 ment and Budget, the Administrator of General Services shall prescribe

2 requirements governing the establishment and operation by executive

3 agencies of the systems required by subsection (a), including require4 ments with respect to data on the costs and uses of motor vehicles and

5 with respect to the uniform collection and submission of the data.

6 (2) CONFORMITY WITH PRINCIPLES AND STANDARDS.—Require7 ments prescribed under this section shall conform to accounting prin8 ciples and standards issued by the Comptroller General. Each executive

9 agency shall comply with those requirements.

10 § 17504. Agency statements with respect to motor vehicle

11 use

12 (a) CONTENTS OF STATEMENT.—The head of each executive agency shall

13 include with the appropriation request the agency submits under section

14 1108 of title 31 for each fiscal year, a statement—

15 (1) specifying—

16 (A) the total motor vehicle acquisition, maintenance, leasing, op17 eration, and disposal costs (including obligations and outlays) the

18 agency incurred in the most recently completed fiscal year; and

19 (B) an estimate of those costs for the fiscal year in which the

20 request is submitted and for the succeeding fiscal year; and

21 (2) justifying why the existing and any new motor vehicle acquisi22 tion, maintenance, leasing, operation, and disposal requirements of the

23 agency cannot be met through the Interagency Fleet Management Sys24 tem the Administrator of General Services operates, a qualified private

25 fleet management firm, or any other method which is less costly to the

26 Federal Government.

27 (b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive

28 agency shall comply with the requirements prescribed under section

29 17503(b) of this title in preparing each statement required under subsection

30 (a).

31 § 17505. Presidential report

32 (a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President

33 shall include with the budget transmitted under section 1105 of title 31 for

34 each fiscal year, or in a separate written report to the Congress for that

35 fiscal year, a summary and analysis of the statements most recently sub36 mitted by the heads of executive agencies pursuant to section 17504(a) of

37 this title.

38 (b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and anal39 ysis shall include a review, for the fiscal year preceding the fiscal year in

40 which the budget is submitted, the current fiscal year, and the fiscal year

41 for which the budget is submitted, of the cost savings that have been
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1 achieved, that are estimated will be achieved, and that could be achieved,

2 in the acquisition, maintenance, leasing, operation, and disposal of motor ve3 hicles by executive agencies through—

4 (1) the use of a qualified private fleet management firm or another

5 private contractor;

6 (2) increased reliance by executive agencies on the Interagency Fleet

7 Management System the Administrator of General Services operates; or

8 (3) other existing motor vehicle management systems.

9 § 17506. Reduction of storage and disposal costs

10 The Administrator of General Services shall take such actions as may be

11 necessary to reduce motor vehicle storage and disposal costs and to improve

12 the rate of return on motor vehicle sales through a program of vehicle re13 conditioning prior to sale.

14 § 17507. Savings

15 (a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish,

16 for each executive agency, goals to reduce outlays for the operation, mainte17 nance, leasing, acquisition, and disposal of motor vehicles in order to reduce,

18 by fiscal year 1988, the total amount of outlays by all executive agencies

19 for the operation, maintenance, leasing, acquisition, and disposal of motor

20 vehicles to an amount which is $150,000,000 less than the amount for the

21 operation, maintenance, leasing, acquisition, and disposal of motor vehicles

22 requested by the President in the budget submitted under section 1105 of

23 title 31 for fiscal year 1986.

24 (b) MONITORING OF COMPLIANCE.—The Director of the Office of Man25 agement and Budget shall monitor compliance by executive agencies with

26 the goals established by the President under subsection (a).

27 § 17508. Compliance

28 (a) ADMINISTRATOR OF GENERAL SERVICES.—The Administrator of

29 General Services shall comply with and be subject to this chapter with re30 gard to all motor vehicles that are used within the General Services Admin31 istration for official purposes.

32 (b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with respect to

33 motor vehicles from the Interagency Fleet Management System shall be

34 complied with by the executive agencies to which such motor vehicles are

35 assigned.

36 § 17509. Applicability

37 (a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of execu38 tive agencies shall give first priority to meeting the goals established by the

39 President under section 17507(a) of this title by reducing the costs of ad40 ministrative motor vehicles used at the headquarters and regional head41 quarters of executive agencies, rather than by reducing the costs of motor
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1 vehicles used by line agency personnel working in agency field operations

2 or activities.

3 (b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President shall

4 require the Administrator of General Services, in cooperation with the Di5 rector of the Office of Management and Budget, to prescrie appropriate reg6 ulations, standards, and definitions to ensure that executive agencies meet

7 the goals established under section 17507(a) of this title in the manner pre8 scribed by subsection (a).

9 § 17510. Cooperation

10 The Director of the Office of Management and Budget and the Adminis11 trator of General Services shall cooperate closely in the implementation of

12 this chapter.

13 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.

14 § 17701. Definitions

15 In this chapter, the following definitions apply:

16 (1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a

17 department, agency, wholly owned corporation, or instrumentality of

18 the Federal Government.

19 (2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘long-lines

20 communication facilities’’ means the transmission systems connecting

21 points inside the State with each other and with points outside the

22 State by radio or wire, and includes all kinds of property and rights

23 of way necessary to accomplish this interconnection.

24 (3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the

25 Government of any element of ownership, including but not restricted

26 to any estate or interest in property, and franchise rights, by sale, ex27 change, lease, easement, or permit, for cash, credit, or other property

28 with or without warranty.

29 § 17702. Transfer of Government-owned long-lines commu30 nication facilities in and to Alaska

31 (a) IN GENERAL.—

32 (1) AUTHORITY OF THE SECRETARY OF DEFENSE.—

33 (A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to section

34 17703 of this title and with the advice, assistance, and, in the case

35 of a agency not under the jurisdiction of the Secretary of Defense,
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1 the consent of the agency concerned, and after approval of the

2 President, the Secretary of Defense shall transfer for adequate

3 consideration any or all long-lines communication facilities in or

4 to Alaska under the jurisdiction of the Federal Government to any

5 person qualifying under section 17703.

6 (B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary may

7 take action and exercise powers as may be necessary or appro8 priate to carry out the purposes of this chapter.

9 (2) CONSENT OF SECRETARY CONCERNED.—An interest in public

10 lands, withdrawn or otherwise appropriated, shall not be transferred

11 under this chapter without the prior consent of the Secretary of the

12 Interior, or, with respect to lands in a national forest, of the Secretary

13 of Agriculture.

14 (3) PROCEDURES AND METHODS.—The Secretary of Defense shall

15 carry out a transfer under this chapter in accordance with the proce16 dures and methods required of the Administrator of General Services

17 by section 545(a) and (b) of this title.

18 (b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The head

19 of the agency concerned (or a designee of the head) shall execute documents

20 for the transfer of title or other interest in property, except any mineral

21 rights in the property, and take other action that the Secretary of Defense

22 decides is necessary or proper to transfer the property under this chapter.

23 A copy of a deed, lease, or other instrument executed by or on behalf of

24 the head of the agency concerned purporting to transfer title or another in25 terest in public land shall be provided to the Secretary of the Interior.

26 (c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In

27 connection with soliciting offers to purchase long-lines facilities of the Alas28 ka Communication System, the Secretary of Defense shall—

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

30 (A) the facilities available for purchase;

31 (B) the amounts considered to be the current fair and reason32 able value of those facilities; and

33 (C) the initial rates that will be charged to the purchaser for

34 capacity in facilities retained by the Federal Government and

35 available for commercial use;

36 (2) provide in the request for offers to purchase that offerors must

37 specify the rates the offerors propose to charge for service and the im38 provements in service the offerors propose to initiate;

39 (3) provide an opportunity for prospective purchasers to meet as a

40 group with Department of Defense representatives to ensure that the
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1 data and public interest requirements described in clauses (1) and (2)

2 are fully understood; and

3 (4) seek the advice and assistance of the Federal Communications

4 Commission and the Governor of Alaska (or a designee of the Gov5 ernor) to ensure consideration of all public interest factors associated

6 with the transfer.

7 (d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of

8 section 559 of this title apply to transfers under this chapter.

9 § 17703. National defense considerations and qualification

10 of transferee

11 A transfer under this chapter shall not be made unless the Secretary of

12 Defense determines that—

13 (1) the Federal Government does not need to retain the property in14 volved in the transfer for national defense purposes;

15 (2) the transfer is in the public interest;

16 (3) the person to whom the transfer is made is prepared and quali17 fied to provide the communication service involved in the transfer with18 out interruption; and

19 (4) the long-lines communication facilities will not directly or indi20 rectly be owned, operated, or controlled by a person that would legally

21 be disqualified from holding a radio station license by section 310(a)

22 the Communications Act of 1934 (47 U.S.C. 310(a)).

23 § 17704. Contents of agreements for transfer

24 An agreement by which a transfer is made under this chapter shall pro25 vide that—

26 (1) subject to regulations of the Federal Communications Commis27 sion and of any body or commission established by Alaska to govern

28 and regulate communications services to the public and all applicable

29 statutes, treaties, and conventions, the person to whom the transfer is

30 made shall provide the communication services involved in the transfer

31 without interruption, except those services reserved by the Federal Gov32 ernment in the transfer;

33 (2) the rates and charges for those services applicable at the time

34 of transfer shall not be changed for a period of one year from the date

35 of the transfer unless approved by a governmental body or commission

36 having jurisdiction; and

37 (3) the transfer will not be final until the transferee receives the req38 uisite license and certificate of convenience and necessity to operate

39 interstate and intrastate commercial communications in Alaska from

40 the appropriate governmental regulatory bodies.
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1 § 17705. Approval of Federal Communications Commission

2 A transfer under this chapter does not require the approval of the Fed3 eral Communications Commission except to the extent that the approval of

4 the Commission is necessary under section 17704(3) of this title.

5 § 17706. Gross proceeds as miscellaneous receipts in the

6 Treasury

7 The gross proceeds of each transfer shall be deposited in the Treasury

8 as miscellaneous receipts.

9 § 17707. Reports

10 The Secretary of Defense shall report to the Congress and the

11 President—

12 (1) in January of each year, the actions taken under this chapter

13 during the preceding 12 months; and

14 (2) not later than 90 days after completion of each transfer under

15 this chapter, a full account of that transfer.

16 § 17708. Nonapplication

17 This chapter does not modify in any manner the Communications Act of

18 1934 (47 U.S.C. 151 et seq.).

19 CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY

20 EFFICIENCY SWAP

Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

21 § 17901. Definitions

22 In this chapter, the following definitions apply:

23 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a depart24 ment, agency, or instrumentality of the Federal Government.

25 (2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘feder26 ally generated electric energy’’ means any electric power generated by

27 an electric generating facility owned and operated by a federal agency.

28 (3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’ means

29 a corporation, cooperative, municipality, or other non-federal entity

30 that generates electric energy through a facility other than a federally

31 owned electric generating facility.

32 § 17902. Sale of electric energy

33 (a) IN GENERAL.—To conserve oil and natural gas and better utilize coal,

34 the head of a federal agency may sell, or enter into a contract to sell, to

35 any non-federal person electric energy generated by coal-fired electric gener36 ating facilities of that agency in Alaska without regard to any provision of
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1 law that precludes the sale when the electric energy to be sold is available

2 from other local sources, if the head of the federal agency determines that—

3 (1) the electric energy to be sold is generated by an existing coal4 fired generating facility;

5 (2) the electric energy to be sold is surplus to the federal agency’s

6 needs and is in excess of the electric energy specifically generated for

7 consumption by, or necessary to serve the requirements of, another fed8 eral agency;

9 (3) the cost to the ultimate consumers of the electric energy to be

10 sold is less than the cost that, in the absence of the sale, would be in11 curred by those consumers for the purchase of an equivalent amount

12 of energy; and

13 (4) the sale will reduce the total consumption of oil or natural gas

14 by the non-federal person purchasing the electric energy below the level

15 of consumption that would occur in the absence of the sale.

16 (b) PRICING POLICIES.—Federally generated electric energy sold by an

17 the head of a federal agency under subsection (a) shall be priced to recover

18 the fuel and variable operation and maintenance costs of the facility gener19 ating the energy that are attributable to that sale, plus an amount equal

20 to one-half the difference between—

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

22 (2) the costs of producing electric energy by the oil or gas generation

23 being displaced.

24 § 17903. Purchase of electric power

25 For purposes of economy, efficiency, and conserving oil and natural gas,

26 the head of the federal agency, when practicable and consistent with other

27 laws and requirements applicable to that agency, shall endeavor to purchase

28 electric energy from a non-federal person for consumption in Alaska by a

29 facility of that agency when (taking into account the remaining useful life

30 of any facility available to that agency to generate electric energy for that

31 agency and the cost of maintaining the facility on a standby basis) the pur32 chase will result in—

33 (1) a savings to other consumers of electric energy sold by that non34 federal person without increasing the cost incurred by any federal agen35 cy for electric energy; or

36 (2) a cost savings to the federal agency purchasing the electric en37 ergy without increasing costs to other consumers of electric energy.

38 § 17904. Implementation powers and limitations

39 (a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This chapter

40 does not require or authorize a federal agency to construct a new electric

41 generating facility or related facility, to modify an existing facility, or to em-
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1 ploy reserve or standby equipment to accommodate the needs of a non-fed2 eral person for electric energy.

3 (b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a

4 federal agency pursuant to section 17902 of this title from the sale of elec5 tric energy generated from a facility of that agency is available to the agen6 cy without fiscal year limitation to purchase fuel and for operation, mainte7 nance, and other costs associated with that facility.

8 (c) EXERCISE OF AUTHORITIES.—The authority under this chapter shall

9 be exercised for those periods and pursuant to terms and conditions that

10 the head of the federal agency concerned decides are necessary consistent

11 with—

12 (1) this chapter; and

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

14 (d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER AGREE15 MENTS.—A contract or other agreement executed under this chapter shall

16 be negotiated and executed by the head of the federal agency selling or pur17 chasing electric energy under this chapter.

18 CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY

19 FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN20 DIVIDUALS

Sec.

18101. Definitions.

18102. Federal telecommunications system.

18103. Research and development.

18104. TDD installation by Congress.

21 § 18101. Definitions

22 In this chapter—

23 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the same

24 meaning given that term in section 102 of this title.

25 (2) TDD.—The term ‘‘TDD’’ means a Telecommunications Device

26 for the Deaf, a machine that employs graphic communications in the

27 transmission of coded signals through the nationwide telecommuni28 cations system.

29 § 18102. Federal telecommunications system

30 (a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator of

31 General Services, after consultation with the Architectural and Transpor32 tation Barriers Compliance Board, the Interagency Committee on Computer

33 Support of Handicapped Employees, the Federal Communications Commis34 sion, and affected federal agencies, shall prescribe regulations to ensure that

35 the federal telecommunications system is fully accessible to hearing-impaired

36 and speech-impaired individuals, including federal employees, for commu37 nications with and within federal agencies.
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1 (b) DIRECTORY.—The Administrator shall assemble, publish, and main2 tain a directory of TDD’s and other devices used by federal agencies to

3 comply with regulations prescribed under subsection (a).

4 (c) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall pub5 lish access numbers of TDD’s and such other devices in federal agency di6 rectories.

7 (d) LOGO.—After consultation with the Board, the Administrator shall

8 adopt the design of a standard logo to signify the presence of a TDD or

9 other device used by a federal agency to comply with regulations prescribed

10 under subsection (a).

11 § 18103. Research and development

12 (a) SUPPORT FOR RESEARCH.—The Administrator of General Services,

13 in consultation with the Federal Communications Commission, shall seek to

14 promote research by federal agencies, state agencies, and private entities to

15 reduce the cost and improve the capabilities of telecommunications devices

16 and systems that provide accessibility to hearing-impaired and speech-im17 paired individuals.

18 (b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In

19 planning future alterations to and modifications of the federal telecommuni20 cations system, the Administrator shall take into account—

21 (1) modifications that the Administrator determines are necessary to

22 achieve the objectives of section 18102(a) of this title; and

23 (2) technological improvements in telecommunications devices and

24 systems that provide accessibility to hearing-impaired and speech-im25 paired individuals.

26 § 18104. TDD installation by Congress

27 Each House of Congress shall establish a policy under which Members

28 of the House of Representatives and the Senate may obtain TDD’s for use

29 in communicating with hearing-impaired and speech-impaired individuals,

30 and for the use of hearing-impaired and speech-impaired employees.

31 CHAPTER 183—NATIONAL CAPITAL AREA INTEREST

32 ARBITRATION STANDARDS

Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

33 § 18301. Findings and purposes

34 (a) FINDINGS.—Congress finds that—

35 (1) affordable public transportation is essential to the economic vital36 ity of the national capital area and is an essential component of re37 gional efforts to improve air quality to meet environmental require-
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1 ments and to improve the health of both residents of and visitors to

2 the national capital area as well as to preserve the beauty and dignity

3 of the Nation’s capital;

4 (2) use of mass transit by both residents of and visitors to the na5 tional capital area is substantially affected by the prices charged for

6 mass transit services, prices that are substantially affected by labor

7 costs, since more than two-thirds of operating costs are attributable to

8 labor costs;

9 (3) labor costs incurred in providing mass transit in the national

10 capital area have increased at an alarming rate and wages and benefits

11 of operators and mechanics currently are among the highest in the Na12 tion;

13 (4) higher operating costs incurred for public transit in the national

14 capital area cannot be offset by increasing costs to patrons, since this

15 often discourages ridership and thus undermines the public interest in

16 promoting the use of public transit;

17 (5) spiraling labor costs cannot be offset by the governmental enti18 ties that are responsible for subsidy payments for public transit serv19 ices since local governments generally, and the District of Columbia

20 government in particular, are operating under severe fiscal constraints;

21 (6) imposition of mandatory standards applicable to arbitrators re22 solving arbitration disputes involving interstate compact agencies oper23 ating in the national capital area will ensure that wage increases are

24 justified and do not exceed the ability of transit patrons and taxpayers

25 to fund the increase; and

26 (7) federal legislation is necessary under section 8 of Article I of the

27 United States Constitution to balance the need to moderate and lower

28 labor costs while maintaining industrial peace.

29 (b) PURPOSE.—The purpose of this chapter is to adopt standards gov30 erning arbitration that must be applied by arbitrators resolving disputes in31 volving interstate compact agencies operating in the national capital area in

32 order to lower operating costs for public transportation in the Washington

33 metropolitan area.

34 § 18302. Definitions

35 In this chapter, the following definitions apply:

36 (1) ARBITRATION.—The term ‘‘arbitration’’—

37 (A) means the arbitration of disputes, regarding the terms and

38 conditions of employment, that is required under an interstate

39 compact governing an interstate compact agency operating in the

40 national capital area; and
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1 (B) does not include the interpretation and application of rights

2 arising from an existing collective bargaining agreement.

3 (2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a single

4 arbitrator, or a board of arbitrators, chosen under applicable proce5 dures.

6 (3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL

7 CAPITAL AREA.—The term ‘‘interstate compact agency operating in the

8 national capital area’’ means any interstate compact agency that pro9 vides public transit services and that was established by an interstate

10 compact to which the District of Columbia is a signatory.

11 § 18303. Standards for arbitrators

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

13 with respect to arbitration under an interstate compact—

14 (1) the financial ability of the individual jurisdictions participating

15 in the compact to pay for the costs of providing public transit services;

16 and

17 (2) the average per capita tax burden, during the term of the collec18 tive bargaining agreement to which the arbitration relates, of the resi19 dents of the Washington, D.C. metropolitan area, and the effect of an

20 arbitration award rendered under that arbitration on the respective in21 come or property tax rates of the jurisdictions that provide subsidy

22 payments to the interstate compact agency established under the com23 pact.

24 (b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering

25 an arbitration award involving the employees of an interstate compact agen26 cy operating in the national capital area may not make a finding or a deci27 sion for inclusion in a collective bargaining agreement governing conditions

28 of employment without considering the following factors:

29 (1) The existing terms and conditions of employment of the employ30 ees in the bargaining unit.

31 (2) All available financial resources of the interstate compact agency.

32 (3) The annual increase or decrease in consumer prices for goods

33 and services as reflected in the most recent consumer price index for

34 the Washington, D.C. metropolitan area, published by the Bureau of

35 Labor Statistics.

36 (4) The wages, benefits, and terms and conditions of the employment

37 of other employees who perform, in other jurisdictions in the Wash38 ington, D.C. standard metropolitan statistical area, services similar to

39 those in the bargaining unit.

40 (5) The special nature of the work performed by the employees in

41 the bargaining unit, including any hazards or the relative ease of em-
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1 ployment, physical requirements, educational qualifications, job training

2 and skills, shift assignments, and the demands placed upon the employ3 ees as compared to other employees of the interstate compact agency.

4 (6) The interests and welfare of the employees in the bargaining

5 unit, including—

6 (A) the overall compensation presently received by the employ7 ees, having regard not only for wage rates but also for wages for

8 time not worked, including vacations, holidays, and other excused

9 absences;

10 (B) all benefits received by the employees, including previous

11 bonuses, insurance, and pensions; and

12 (C) the continuity and stability of employment.

13 (7) The public welfare.

14 (c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN

15 AWARD.—An arbitrator rendering an arbitration award involving the em16 ployees of an interstate compact agency operating in the national capital

17 area may not, with respect to a collective bargaining agreement governing

18 conditions of employment, provide for salaries and other benefits that exceed

19 the ability of the interstate compact agency, or of any governmental juris20 diction that provides subsidy payments or budgetary assistance to the inter21 state compact agency, to obtain the necessary financial resources to pay for

22 wage and benefit increases for employees of the interstate compact agency.

23 (d) REQUIREMENTS FOR FINAL AWARD.—

24 (1) WRITTEN AWARD.—In resolving a dispute submitted to arbitra25 tion involving the employees of an interstate compact agency operating

26 in the national capital area, the arbitrator shall issue a written award

27 that demonstrates that all the factors set forth in subsections (a) and

28 (b) have been considered and applied.

29 (2) PREREQUISITES.—An award may grant an increase in pay rates

30 or benefits (including insurance and pension benefits), or reduce hours

31 of work, only if the arbitrator concludes that any costs to the agency

32 do not adversely affect the public welfare.

33 (3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion regarding

34 the public welfare must be supported by substantial evidence.

35 § 18304. Procedures for enforcement of awards

36 (a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after

37 the parties receive an arbitration award to which section 18303 of this title

38 applies, the interstate compact agency and the employees, through their rep39 resentative, may agree in writing on any modifications to the award. After

40 the end of that 10-day period, the award, and any modifications, become
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1 binding on the interstate compact agency, the employees in the bargaining

2 unit, and the employees’ representative.

3 (b) IMPLEMENTATION.—Each party to an award that becomes binding

4 under subsection (a) shall take all actions necessary to implement the

5 award.

6 (c) JUDICIAL REVIEW.—Within 60 days after an award becomes binding

7 under subsection (a), the interstate compact agency or the exclusive rep8 resentative of the employees concerned may bring a civil action in a court

9 that has jurisdiction over the interstate compact agency for review of the

10 award. The court shall review the award on the record, and shall vacate the

11 award or any part of the award, after notice and a hearing, if—

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

13 (2) the arbitrator exceeded the arbitrator’s powers;

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

15 (4) the arbitrator conducted the hearing contrary to the provisions

16 of this chapter or other laws or rules that apply to the arbitration so

17 as to substantially prejudice the rights of a party;

18 (5) there was partiality or misconduct by the arbitrator prejudicing

19 the rights of a party;

20 (6) the award was procured by corruption, fraud, or bias on the part

21 of the arbitrator; or

22 (7) the arbitrator did not comply with the provisions of section

23 18303 of this title.

24 SEC. 2. DEFINITION OF CAPITOL BUILDINGS

25 Section 9 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719) is

26 amended—

27 (1) by inserting at the beginning of the section the following:

28 ‘‘(a) In this section, the term ‘Capitol Buildings’ means the United States

29 Capitol, the Senate and House Office Buildings and garages, the Capitol

30 Power Plant, all subways and enclosed passages connecting two or more of

31 such structures, and the real property underlying and enclosed by any such

32 structure.’’; and

33 (2) by inserting ‘‘(b)’’ before ‘‘The Capitol Police’’.

34 SEC. 3. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHI35 TECT OF THE CAPITOL

36 Chapter 443 of title 10, United States Code, is amended as follows:

37 (1) Insert immediately after section 4688 the following new section:

38 ‘‘§ 4689. Transfer of material and equipment to the Architect

39 of the Capitol

40 ‘‘The Secretary of the Army is authorized to transfer, without payment,

41 to the Architect of the Capitol, such material and equipment, not required
281

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1 by the Department of the Army, as the Architect may request for use at

2 the Capitol power plant, the Capitol Building, and the Senate and House

3 Office Buildings.’’.

4 (2) Insert immediately below item 4688 in the analysis of the chap5 ter the following new item:

‘‘4689. Transfer of material and equipment to the Architect of the Capitol.’’.

6 SEC. 4. CONFORMING CROSS-REFERENCES.

7 (a) TITLE 5.—Title 5, United States Code, is amended as follows:

8 (1) In section 7342(e)(1)—

9 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

10 Federal’’; and

11 (B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of 1949’’.

12 (2) In section 9505(b), strike ‘‘division E of the Clinger-Cohen Act

13 of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘sub14 title III of title 40’’.

15 (3) In section 9508(a)(2)(A), strike ‘‘division E of the Clinger-Cohen

16 Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute

17 ‘‘subtitle III of title 40’’.

18 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

19 (1) In section 2223—

20 (A) in subsection (a), strike ‘‘section 5125 of the Clinger-Cohen

21 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

22 title 40’’;

23 (B) in subsection (b), strike ‘‘section 5125 of the Clinger-Cohen

24 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

25 title 40’’;

26 (C) in subsection (c)(2), strike ‘‘section 5002 of the Clinger27 Cohen Act of 1996 (40 U.S.C. 1401)’’ and substitute ‘‘section

28 11101 of title 40’’; and

29 (D) in subsection (c)(3), strike ‘‘section 5142 of the Clinger30 Cohen Act of 1996 (40 U.S.C. 1452)’’ and substitute ‘‘section

31 11103 of title 40’’.

32 (2) In section 2302(2)(A), 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 (3) In section 2304(h)—

36 (A) before clause (1), strike ‘‘laws’’; and

37 (B) strike clause (2) and substitute ‘‘(2) Sections 3141–3144,

38 3146, and 3147 of title 40.’’.

39 (4) In section 2305a(a), strike ‘‘the Brooks Architect-Engineers Act

40 (40 U.S.C. 541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.
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1 (5) In section 2315(a), strike ‘‘division E of the Clinger-Cohen Act

2 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

3 40’’.

4 (6) In section 2381(c)—

5 (A) strike ‘‘section 205 of the Federal Property and Administra6 tive Services Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec7 tion 121 of title 40’’; and

8 (B) strike ‘‘section 201(a) of that Act (40 U.S.C. 481(a))’’ and

9 substitute ‘‘section 501(a)(2) of title 40’’.

10 (7) In section 2535(b)(1)(G), strike ‘‘title II of the Federal Property

11 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

12 substitute ‘‘chapter 5 of title 40’’.

13 (8) In subsection 2562(a)(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. 472 et seq.)’’ and substitute ‘‘(41 U.S.C.

17 251 et seq.)’’.

18 (9) In section 2572(d)(1), strike ‘‘section 205 of the Federal Prop19 erty and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and

20 substitute ‘‘section 121 of title 40’’.

21 (10) In section 2576(a)—

22 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

23 Federal’’; and

24 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

25 251 et seq.)’’.

26 (11) In section 2577(a)(2), strike ‘‘section 203 of the Federal Prop27 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

28 substitute ‘‘sections 541–555 of title 40’’.

29 (12) In section 2667—

30 (A) in subsection (a)(2), strike ‘‘section 3 of the Federal Prop31 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’

32 and substitute ‘‘section 102 of title 40’’;

33 (B) in subsection (b)(5), strike ‘‘section 321 of the Act of June

34 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title

35 40’’; and

36 (C) in subsection (f)(1)—

37 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

38 Federal’’; and

39 (ii) strike ‘‘such Act is’’ and substitute ‘‘subtitle I and title

40 III are’’.
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1 (13) In section 2667a(a)(3), strike ‘‘section 3 of the Federal Prop2 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and

3 substitute ‘‘section 102 of title 40’’.

4 (14) In section 2676(a)—

5 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

6 Federal’’; and

7 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘41 U.S.C.

8 251 et seq.)’’.

9 (15) In section 2691(b)—

10 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

11 Federal’’; and

12 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

13 251 et seq.)’’.

14 (16) In section 2696—

15 (A) in subsection (a)—

16 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

17 Federal’’; and

18 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

19 U.S.C. 251 et seq.)’’; and

20 (B) strike subsection (e)(5) and substitute—

21 ‘‘(5) Chapter 5 of title 40.’’.

22 (17) In section 2701(i)(1)—

23 (A) strike ‘‘the Miller Act (40 U.S.C. 270a et seq.)’’ and sub24 stitute ‘‘sections 3131 and 3133 of title 40’’;

25 (B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. 270e–270f)’’

26 and substitute ‘‘section 3134 of title 40’’; and

27 (C) strike ‘‘the Miller Act’’ and substitute ‘‘sections 3131 and

28 3133’’.

29 (18) In section 2814(j)(3), strike ‘‘Sections 202 and 203 of the Fed30 eral Property and Administrative Services Act of 1949 (40 U.S.C. 483,

31 484)’’ and substitute ‘‘Subchapter II of chapter 5 and sections 541–

32 555 of title 40’’.

33 (19) In section 2831(b)(3), strike ‘‘section 204(b) of the Federal

34 Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))’’

35 and substitute ‘‘section 572(a) of title 40’’.

36 (20) In section 2852(b)(1), strike ‘‘section 355 of the Revised Stat37 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

38 (21) In section 2854a(d)(1)—

39 (A) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

40 III of the’’; and
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1 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

2 251 et seq.)’’.

3 (22) In subsection 2855(a), strike ‘‘title IX of the Federal Property

4 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

5 substitute ‘‘chapter 11 of title 40’’.

6 (23) In section 2878(d)—

7 (A) in clause (2)—

8 (i) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and

9 title III of the’’; and

10 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

11 U.S.C. 251 et seq.)’’; and

12 (B) strike clause (3) and substitute—

13 ‘‘(3) Section 1302 of title 40.’’.

14 (24) In section 4681, strike ‘‘section 205 of the Federal Property

15 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub16 stitute ‘‘section 121 of title 40’’.

17 (25) In section 4682, 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 (26) In section 4684, 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 (27) In section 4686, 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 (28) In section 7305(d)—

27 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

28 Federal’’;

29 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

30 251 et seq.)’’; and

31 (C) strike ‘‘that Act’’ and substitute ‘‘subtitle I and title III’’.

32 (29) In section 7306(a), strike ‘‘subsections (c) and (d) of section

33 602 of the Federal Property and Administrative Services Act of 1949

34 (40 U.S.C. 474)’’ and substitute ‘‘section 112 of title 40’’.

35 (30) In section 7422(c)(1), strike ‘‘the Act of February 26, 1931 (40

36 U.S.C. 258a–258e)’’ and substitute ‘‘sections 3114–3116 and 3118 of

37 title 40’’.

38 (31) In section 7541, strike ‘‘section 205 of the Federal Property

39 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub40 stitute ‘‘section 121 of title 40’’.
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1 (32) In section 7541a, 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 (33) In section 7542(a), 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 (34) In section 7545(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 (35) In section 9444(b)(1)—

11 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

12 Federal’’; and

13 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

14 251 et seq.)’’.

15 (36) In section 9681, strike ‘‘section 205 of the Federal Property

16 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub17 stitute ‘‘section 121 of title 40’’.

18 (37) In section 9682, 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 (38) In section 9684, 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 (39) In section 9686, 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 (40) In section 9781—

28 (A) in subsection (b)(2)(D), strike ‘‘title II of the Federal Prop29 erty and Administrative Services Act of 1949 (40 U.S.C. 481 et

30 seq.)’’ and substitute ‘‘chapter 5 of title 40’’;

31 (B) in subsection (d), strike ‘‘title II of the Federal Property

32 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

33 and substitute ‘‘chapter 5 of title 40’’; and

34 (C) in subsection (g)—

35 (i) insert ‘‘subtitle I of title 40 and subtitle III of’’ before

36 ‘‘the Federal’’; and

37 (ii) add at the end of the subsection ‘‘(41 U.S.C. 251 et

38 seq.)’’.

39 (41) In section 12603(d), strike ‘‘section 201(a) of the Federal Prop40 erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’ and

41 substitute ‘‘section 501 of title 40’’.
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1 (42) In section 18239(b)(1), strike ‘‘section 355 of the Revised Stat2 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

3 (c) TITLE 14.—Title 14, United States Code, is amended as follows:

4 (1) In section 92—

5 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

6 Federal’’; and

7 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

8 251 et seq.)’’.

9 (2) In section 93(h)—

10 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

11 Federal’’; and

12 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

13 251 et seq.)’’.

14 (3) In section 641—

15 (A) in subsection (a)—

16 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

17 Federal’’; and

18 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

19 U.S.C. 251 et seq.)’’; and

20 (B) in subsection (c)(2), strike ‘‘section 203 of the Federal

21 Property and Administrative Services Act of 1949 (40 U.S.C.

22 484)’’ and substitute ‘‘sections 541–555 of title 40’’.

23 (4) In section 685(c)—

24 (A) in clause (1), strike—

25 (i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and subtitle

26 III of the’’; and

27 (ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

28 251 et seq.)’’; and

29 (B) strike clause (2) and substitute—

30 ‘‘(2) Section 1302 of title 40.’’.

31 (d) TITLE 18.—Section 3668(c) of title 18, United States Code, is

32 amended by striking ‘‘sections 304f–304m of Title 40’’ and substituting

33 ‘‘section 1306 of title 40’’.

34 (e) TITLE 23.—Title 23, United States Code, is amended as follows:

35 (1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal Property

36 and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11

37 of title 40’’.

38 (2) In section 113(a), strike ‘‘the Act of March 3, 1931, known as

39 the Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–

40 3144, 3146, and 3147 of title 40’’.
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1 (f) THE INTERNAL REVENUE CODE OF 1986.—Section

2 7608(c)(1)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C.

3 7608(c)(1)(A)(i)(IV)) is amended by striking ‘‘section 34 of title 40, United

4 States Code’’ and substituting ‘‘section 8141 of title 40’’.

5 (g) TITLE 28.—Title 28, United States Code, is amended as follows:

6 (1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal Prop7 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

8 substitute ‘‘sections 541–555 of title 40’’.

9 (2) In section 612(f), strike ‘‘section 201 of the Federal Property

10 and Administrative Services Act of 1949 (40 U.S.C. 481)’’ and sub11 stitute ‘‘sections 501–505 of title 40’’.

12 (3) In section 1499, strike ‘‘section 104 of the Contract Work Hours

13 and Safety Standards Act’’ and substitute ‘‘section 3903 of title 40’’.

14 (h) TITLE 31.—Title 31, United States Code, is amended as follows:

15 (1) In section 781(a), strike ‘‘section 7 of the Public Buildings Act

16 of 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section 3307

17 of title 40’’.

18 (2) In section 782, strike ‘‘(as defined in section 105 of the Public

19 Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’ and sub20 stitute ‘‘(as defined in section 3306(a) of title 40)’’.

21 (3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the Brooks

22 Architect-Engineers Act (40 U.S.C. 541)’’ and substitute section ‘‘1102

23 of title 40’’.

24 (4) In section 3126—

25 (A) in subsection (a), strike ‘‘section 2 of the Government

26 Losses in Shipment Act (40 U.S.C. 722)’’ and substitute ‘‘section

27 17303(a) of title 40’’; and

28 (B) in subsection (b), strike ‘‘Section 3 of the Government

29 Losses in Shipment Act (40 U.S.C. 723) (related to finality of de30 cisions of the Secretary)’’ and substitute ‘‘Section 17304(c) of title

31 40’’.

32 (5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal

33 Property and Administrative Services Act of 1949 (40 U.S.C. 486(b))’’

34 and substitute ‘‘section 121(b) of title 40’’.

35 (6) In section 3551(3), strike ‘‘section 3 of the Federal Property and

36 Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute

37 ‘‘section 102 of title 40’’.

38 (7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August 24,

39 1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b) of title 40’’.

40 (8) In section 6703(d)(5)—
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1 (A) strike ‘‘the Act of March 3, 1931 (commonly known as the

2 Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5)’’ and

3 substitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and

4 (B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly

5 known as the Copeland Anti-Kickback Act), as amended (40

6 U.S.C. 276c, 48 Stat. 948)’’ and substitute ‘‘section 3145 of title

7 40’’.

8 (9) In section 9303—

9 (A) in subsection (d), before clause (1)—

10 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil11 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

12 3131 and 3133 of title 40’’; and

13 (ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’ and sub14 stitute ‘‘section 3133(a) of title 40’’;

15 (B) in subsection (d)(1)—

16 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil17 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

18 3131 and 3133 of title 40’’; and

19 (ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’ and

20 substitute ‘‘section 3133(b) of title 40’’; and

21 (C) in subsection (e)(2)(A), strike ‘‘the Act of August 24, 1935

22 (known as the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

23 ‘‘sections 3131 and 3133 of title 40’’.

24 (i) TITLE 36.—Title 36, United States Code, is amended as follows:

25 (1) In section 2103(a)(1), strike ‘‘section 355 of the Revised Stat26 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

27 (2) In section 220314(b), strike ‘‘section 451 of the Legislative Re28 organization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute ‘‘section

29 5108 of title 40’’.

30 (j) TITLE 38.—Title 38, United States Code, is amended as follows:

31 (1) In section 115(1), strike ‘‘section 355 of the Revised Statutes

32 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

33 (2) In section 310(b), strike ‘‘division E of the Clinger-Cohen Act

34 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

35 40’’.

36 (3) In section 8122(a)(1), strike ‘‘section 321 of the Act of June 30,

37 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

38 (4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931 (40

39 U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)’’ and sub40 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

41 (5) In section 8162(a)—
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1 (A) in paragraph (1), strike ‘‘section 321 of the Act of June

2 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal

3 Property and Administrative Services Act of 1949 (40 U.S.C. 483,

4 484)’’ and substitute ‘‘subchapter II of chapter 5 of title 40, sec5 tions 541–555 and 1302 of title 40’’; and

6 (B) in paragraph (3), strike ‘‘the Act of March 3, 1931 (40

7 U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–3144, 3146,

8 and 3147 of title 40’’.

9 (6) In section 8165(c), strike ‘‘section 204 of the Federal Property

10 and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act

11 of June 8, 1896 (40 U.S.C. 485a)’’ and substitute ‘‘subchapter IV of

12 chapter 5 of title 40’’.

13 (7) In section 8201(e), strike ‘‘section 321 of the Act of June 30,

14 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

15 (k) TITLE 39.—Section 410(b)(4) of title 39, United States Code, is

16 amended to read as follows:

17 ‘‘(4) the following provisions of title 40:

18 ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147;

19 and

20 ‘‘(B) chapters 39 and 173;’’.

21 (l) TITLE 44.—Title 44, United States Code, is amended as follows:

22 (1) In section 311(a), strike ‘‘the Federal Property and Administra23 tive Services Act, approved June 30, 1949, as amended,’’ and sub24 stitute ‘‘title III of the Federal Property and Administrative Services

25 Act of 1949 (41 U.S.C. 251 et seq.)’’.

26 (2) In section 2901(13), strike ‘‘section 3(a) of the Federal Property

27 and Administrative Services Act of 1949 (40 U.S.C. 472(a))’’ and sub28 stitute ‘‘section 102 of title 40’’.

29 (3) In section 3502(9)—

30 (A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40

31 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and

32 (B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and

33 substitute ‘‘section 11103 of title 40’’.

34 (4) In section 3504—

35 (A) in subsection (g)(2), strike ‘‘section 5131 of the Clinger36 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section

37 11331 of title 40’’;

38 (B) in subsection (g)(3), strike ‘‘section 5131 of the Clinger39 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section

40 11331 of title 40’’;
290

•H 2068 IH

1 (C) in subsection (h)(1)(B), strike ‘‘section 5131 of the Clinger2 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section

3 11331 of title 40’’; and

4 (D) in subsection (h)(2)—

5 (i) strike ‘‘division E of the Clinger-Cohen Act of 1996 (40

6 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

7 40’’; and

8 (ii) strike ‘‘section 110 of the Federal Property and Admin9 istrative Services Act of 1949 (40 U.S.C. 757)’’ and sub10 stitute ‘‘section 322 of title 40’’.

11 (5) In section 3518(d), strike ‘‘section 5131 of the Clinger-Cohen

12 Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section 11331 of title

13 40’’.

14 (m) TITLE 46.—Title 46, United States Code, is amended as follows:

15 (1) In section 2101(17), strike ‘‘section 13 of the Coast Guard Au16 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

17 (2) In section 3305(c), strike ‘‘section 13 of the Coast Guard Au18 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

19 (n) TITLE 49.—Title 49, United States Code, is amended as follows:

20 (1) In section 103(e)—

21 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

22 Federal Property’’; and

23 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

24 251 et seq.)’’.

25 (2) In section 5325(b), strike ‘‘title IX of the Federal Property and

26 Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub27 stitute ‘‘chapter 11 of title 40’’.

28 (3) In section 5333(a)—

29 (A) strike ‘‘the Act of March 3, 1931 (known as the Davis30 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections

31 3141–3144, 3146, and 3147 of title 40’’; and

32 (B) strike ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C.

33 276c)’’ and substitute ‘‘section 3145 of title 40’’.

34 (4) In section 24312—

35 (A) in subsection (a)—

36 (i) strike ‘‘the Act of March 3, 1931 (known as the Davis37 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec38 tions 3141–3144, 3146, and 3147 of title 40’’; and

39 (ii) strike ‘‘section 107 of the Contract Work Hours and

40 Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘sec41 tion 3904 of title 40’’; and
291

•H 2068 IH

1 (B) in subsection (b), strike ‘‘the Act of March 3, 1931 (known

2 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and sub3 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’

4 (5) In section 40110(c)(2)—

5 (A) in subclause (C), strike ‘‘(as defined in section 13 of the

6 Public Buildings Act of 1959 (40 U.S.C. 612))’’ and substitute

7 ‘‘(as defined in section 3301(a) of title 40)’’; and

8 (B) in subclause (F), strike ‘‘title II of the Federal Property

9 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

10 and substitute ‘‘sections 121, 123, and 127 and chapter 5 of title

11 40’’.

12 (6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the Govern13 ment Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute

14 ‘‘sections 17302 and 17303 of title 40’’.

15 (7) In section 47107(a)(17), strike ‘‘title IX of the Federal Property

16 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

17 substitute ‘‘chapter 11 of title 40’’.

18 (8) In section 47112(b), strike ‘‘the Act of March 3, 1931 (known

19 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute

20 ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

21 (9) In section 49111(d)(1), strike ‘‘section 5 of the Act of June 6,

22 1924 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722 of title 40’’.

23 (o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.—

24 Section 403(e) of the Veterans’ Benefits Programs Improvement Act of

25 1991 (Pub. L. 102–86, 105 Stat. 424) is amended by striking ‘‘section

26 303b of title 40, sections 483 and 484 of title 40’’ and substituting ‘‘sub27 chapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40’’.

28 SEC. 5. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMIN29 ISTRATIVE SERVICES ACT OF 1949

30 Title V of the Federal Property and Administrative Services Act of 1949

31 (ch. 288), as added by section 6(d) of the Act of September 5, 1950 (ch.

32 849, 64 Stat. 583), is repealed.

33 SEC. 6. LEGISLATIVE PURPOSE AND CONSTRUCTION.

34 (a) NO SUBSTANTIVE CHANGE.—Sections 1–3 of this Act restate, with35 out substantive change, laws enacted before May 1, 2001, that were re36 placed by those sections. Those sections may not be construed as making

37 a substantive change in the laws replaced. Laws enacted after April 30,

38 2001, that are inconsistent with this Act supersede this Act to the extent

39 of the inconsistency.
292

•H 2068 IH

1 (b) REFERENCES.—A reference to a law replaced by section 1, 2, or 3

2 of this Act, including a reference in a regulation, order, or other law, is

3 deemed to refer to the corresponding provision enacted by this Act.

4 (c) CONTINUING EFFECT.—An order, rule, or regulation in effect under

5 a law replaced by section 1, 2, or 3 of this Act continues in effect under

6 the corresponding provision enacted by this Act until repealed, amended, or

7 superseded.

8 (d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

9 an offense committed under a law replaced by section 1, 2, or 3 of this Act

10 is deemed to have been taken or committed under the corresponding provi11 sion enacted by this Act.

12 (e) INFERENCES.—An inference of a legislative construction is not to be

13 drawn by reason of the location in the United States Code of a provision

14 enacted by this Act or by reason of a caption or catch line of the provision.

15 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

16 valid provisions that are severable from the invalid provision remain in ef17 fect. If a provision enacted by this Act is held invalid in any of its applica18 tions, the provision remains valid for all valid applications that are severable

19 from any of the invalid applications.

20 SEC. 7. REPEALS.

21 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

22 be construed as a legislative inference that the provision was or was not in

23 effect before its repeal.

24 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

25 are repealed, except for rights and duties that matured, penalties that were

26 incurred, and proceedings that were begun before the date of enactment of

27 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
293

•H 2068 IH

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

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

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
294

•H 2068 IH

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 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

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
295

•H 2068 IH

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 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. 6 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

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
296

•H 2068 IH

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 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

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
297

•H 2068 IH

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 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

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. 9 780 ............. 208 ......................................................... 54 1056 ............. 174k note

793 ............. ................................................................ 54 1083 ............. 255

Oct. 22 908 ............. 6 ............................................................. 54 1208 ............. 13e
298

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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

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
299

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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 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

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, 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,

474–476,

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
300

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Sept. 5 849 ............. 1–5, 6(a) (related to §§ 602(a) and (c)–

(e), 603, and 605), (b) (related to

§§ 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, 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

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
301

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Date Chapter or

Public Law Section

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(title 40 unless otherwise

specified)

Volume Page

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

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
302

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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

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
303

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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

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

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

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
304

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specified)

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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

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
305

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specified)

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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 ....... 101–105 ................................................. 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

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
306

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Date Chapter or

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(title 40 unless otherwise

specified)

Volume Page

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

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
307

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specified)

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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 ..... 1–8, 10 .................................................. 101 735, 747 ....... 1101, 1101

note, 1102–

1107, 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

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
308

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specified)

Volume Page

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

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
309

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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

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. 30 104–204 ..... (2d proviso under heading ‘‘Consumer

Information Center Fund’’).

110 2916 ............. 761a

104–206 ..... (par. under heading ‘‘Appalachian Regional Commission’’).110 3000 ............. 40 App.:401

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

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 proviso 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
310

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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. 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) [title II, § 233(a)] ............... 113 1501A–301 ... 484

Dec. 12 106–168 ..... 301 ......................................................... 113 1821 ............. 484

2000

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

Æ