II

Calendar No. 434

107TH CONGRESS

2D SESSION H.R. 2068

IN THE SENATE OF THE UNITED STATES

JUNE 12, 2002

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

JUNE 21, 2002

Reported by Mr. LEAHY, without amendment

AN ACT

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

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

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

2 States of America in Congress assembled,

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:

8 TITLE 40—PUBLIC BUILDINGS,

9 PROPERTY, AND WORKS

SUBTITLE Sec.

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

II. PUBLIC BUILDINGS AND WORKS ........................................................... 3101
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III. INFORMATION TECHNOLOGY MANAGEMENT ..................................... 11101

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

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

1 SUBTITLE I—FEDERAL PROPERTY AND

2 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

3 CHAPTER 1—GENERAL

SUBCHAPTER I—PURPOSE AND DEFINITIONS

Sec.

101. Purpose.

102. Definitions.

SUBCHAPTER II—SCOPE

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

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

113. Limitations.

SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

121. Administrative.

122. Prohibition on sex discrimination.

123. Civil remedies for fraud.

124. Agency use of amounts for property management.

125. Library memberships.

126. Reports to Congress.

4 SUBCHAPTER I—PURPOSE AND DEFINITIONS

5 § 101. Purpose

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

7 an economical and efficient system for the following activities:

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

9 performing related functions including contracting, inspection, storage,

10 issue, setting specifications, identification and classification, transpor11 tation and traffic management, establishment of pools or systems for

12 transportation of Government personnel and property by motor vehicle

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

14 and converting, establishment of inventory levels, establishment of

15 forms and procedures, and representation before federal and state reg16 ulatory bodies.

17 (2) Using available property.

18 (3) Disposing of surplus property.

19 (4) Records management.

20 § 102. Definitions

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

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

23 (41 U.S.C. 251 et seq.):
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1 (1) CARE AND HANDLING.—The term ‘‘care and handling’’

2 includes—

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

4 preserving, protecting, insuring, packing, storing, handling, con5 serving, and transporting excess and surplus property; and

6 (B) rendering innocuous, or destroying, property that is dan7 gerous to public health or safety.

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

9 means—

10 (A) property, in excess of amounts needed to complete full per11 formance, that is acquired by and in possession of a contractor or

12 subcontractor under a contract pursuant to which title is vested

13 in the Federal Government; and

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

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

16 in specifications or plans under the contract, or as a result of ter17 mination of the contract (or a subcontract), prior to completion of

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

19 (3) EXCESS PROPERTY.—The term ‘‘excess property’’ means prop20 erty under the control of a federal agency that the head of the agency

21 determines is not required to meet the agency’s needs or responsibil22 ities.

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

24 (A) an executive department or independent establishment in

25 the executive branch of the Government; and

26 (B) a wholly owned Government corporation.

27 (5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu28 tive agency or an establishment in the legislative or judicial branch of

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

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

31 the Architect of the Capitol).

32 (6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess prop33 erty’’ means excess property that is not located in the States of the

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

35 Guam, the Northern Mariana Islands, the Federated States of Micro36 nesia, the Marshall Islands, Palau, and the Virgin Islands.

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

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

39 principally for highway transportation of property or passengers,

40 excluding—
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1 (A) a vehicle designed or used for military field training, com2 bat, or tactical purposes, or used principally within the confines

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

4 (B) a vehicle regularly used by an agency to perform investiga5 tive, law enforcement, or intelligence duties, if the head of the

6 agency determines that exclusive control of the vehicle is essential

7 for effective performance of duties.

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

9 means contractual services designated by the Administrator of General

10 Services, other than personal and professional services.

11 (9) PROPERTY.—The term ‘‘property’’ means any interest in prop12 erty except—

13 (A)(i) the public domain;

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

15 park purposes;

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

17 from the public domain which the Secretary of the Interior deter18 mines are suitable for disposition under the public land mining

19 and mineral leasing laws; and

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

21 land or portions of land so withdrawn or reserved which the Sec22 retary, with the concurrence of the Administrator, determines are

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

24 the general public land laws because the lands are substantially

25 changed in character by improvements or otherwise;

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

27 destroyers, or submarines; and

28 (C) records of the Government.

29 (10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means ex30 cess property that the Administrator determines is not required to meet

31 the needs or responsibilities of all federal agencies.

32 SUBCHAPTER II—SCOPE

33 § 111. Application to Federal Property and Administrative

34 Services Act of 1949

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

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

37 1949 (41 U.S.C. 251 et seq.):

38 (1) Section 101 of this title.

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

40 (3) Section 113 of this title.

41 (4) Section 121(a) of this title.
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1 (5) Section 121(c)(1) of this title.

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

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

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

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

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

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

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

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

10 (14) Section 124 of this title.

11 (15) Section 126 of this title.

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

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

14 (18) Section 528 of this title.

15 (19) Section 541 of this title.

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

17 (21) Section 557 of this title.

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

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

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

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

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

23 § 112. Applicability of certain policies, procedures, and di24 rectives in effect on July 1, 1949

25 (a) IN GENERAL.—A policy, procedure, or directive described in sub26 section (b) remains in effect until superseded or amended under this subtitle

27 or other appropriate authority.

28 (b) DESCRIPTION.—A policy, procedure, or directive referred to in sub29 section (a) is one that was in effect on July 1, 1949, and that was pre30 scribed by—

31 (1) the Director of the Bureau of Federal Supply or the Secretary

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

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

34 Federal Property and Administrative Services Act of 1949;

35 (2) an officer of the Federal Government under authority of the Sur36 plus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority

37 related to surplus property or foreign excess property;

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

39 agency of the Federal Works Agency; or
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1 (4) the Archivist of the United States or another officer or body

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

3 Federal Property and Administrative Services Act of 1949.

4 § 113. Limitations

5 (a) IN GENERAL.—Except as otherwise provided in this section, the au6 thority conferred by this subtitle is in addition to any other authority con7 ferred by law and is not subject to any inconsistent provision of law.

8 (b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT

9 POLICY ACT.—The authority conferred by this subtitle is subject to the Of10 fice of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

11 (c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND

12 AGENCIES.—Sections 121(b) and 506(c) of this title do not apply to a Gov13 ernment corporation or agency that is subject to chapter 91 of title 31.

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

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

16 Capitol and any building, activity, or function under the direction of the Ar17 chitect). However, services and facilities authorized by this subtitle shall, as

18 far as practicable, be made available to the Senate, the House of Represent19 atives, and the Architect of the Capitol on their request. If payment would

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

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

22 in advance or by reimbursement (as may be agreed upon by the Adminis23 trator of General Services and the officer or body making the request). The

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

25 agency receiving the payment.

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

27 authority of—

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

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

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

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

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

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

34 practicable, consistent with the purposes of the program and the effec35 tive, efficient conduct of agency business, coordinate its operations with

36 the requirements of this subtitle and with policies and regulations pre37 scribed under this subtitle;

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

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

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

41 or located in occupied territories;
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1 (5) the Secretary of Defense with respect to the administration of

2 section 2535 of title 10;

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

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

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

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

7 1926 (22 U.S.C. 292 et seq.);

8 (8) the Secretary of Agriculture under—

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

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

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

12 60 Stat. 1062);

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

14 with respect to the exportation and domestic consumption of agri15 cultural products;

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

17 U.S.C. 1291); or

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

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

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

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

22 property;

23 (10) the Secretary of Housing and Urban Development or the Fed24 eral Deposit Insurance Corporation (or an officer of the Corporation)

25 with respect to the disposal of—

26 (A) residential property; or

27 (B) other property—

28 (i) acquired or held as part of, or in connection with, resi29 dential property; or

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

31 loans, or savings association accounts under the National

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

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

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

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

36 to property acquired in connection with a program of processing, man37 ufacture, production, or force account construction, but the Authority

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

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

40 business, coordinate its operations with the requirements of this sub41 title and with policies and regulations prescribed under this subtitle;
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1 (12) the Secretary of Energy with respect to atomic energy;

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

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

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

5 property;

6 (14) the United States Postal Service;

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

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

9 construction, reconstruction, or reconditioning (including outfitting and

10 equipping incidental to construction, reconstruction, or reconditioning)

11 of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware12 house, or other installation necessary or appropriate for carrying out

13 a program of the Administration authorized by law or nonadministra14 tive activities incidental to a program of the Administration authorized

15 by law, but the Administration shall, to the maximum extent it con16 siders practicable, consistent with the purposes of its programs and the

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

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

19 prescribed under this subtitle;

20 (16) the Central Intelligence Agency;

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

22 law;

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

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

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

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

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

28 SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

29 § 121. Administrative

30 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre31 scribe policies and directives that the President considers necessary to carry

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

33 (b) ACCOUNTING PRINCIPLES AND STANDARDS.—

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

35 needs and requirements of executive agencies, shall prescribe principles

36 and standards of accounting for property.

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

38 shall cooperate with the Administrator of General Services and with ex39 ecutive agencies in the development of property accounting systems and

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

41 prescribed principles and standards.
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1 (3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen2 eral shall examine the property accounting systems established by exec3 utive agencies to determine the extent of compliance with prescribed

4 principles and standards and approved systems. The Comptroller Gen5 eral shall report to Congress any failure to comply with the principles

6 and standards or to adequately account for property.

7 (c) REGULATIONS BY ADMINISTRATOR.—

8 (1) GENERAL AUTHORITY.—The Administrator may prescribe regu9 lations to carry out this subtitle.

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

11 shall prescribe regulations that the Administrator considers necessary

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

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

14 agency head considers necessary to carry out the regulations.

15 (d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—

16 (1) IN GENERAL.—Except as provided in paragraph (2), the Admin17 istrator may delegate authority conferred on the Administrator by this

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

19 head of another federal agency. The Administrator may authorize suc20 cessive redelegation of authority conferred by this subtitle.

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

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

23 applying to executive agencies;

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

25 amounts from one component of the Administration to another

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

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

28 subtitle.

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

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

31 maintain or repair a building or facility under this subsection shall re32 tain the portion of the rental payment that the Administrator deter33 mines is available to operate, maintain or repair the building or facility.

34 The department or agency shall directly expend the retained amounts

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

36 retained under this paragraph shall remain available until expended for

37 these purposes.

38 (e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—

39 (1) IN GENERAL.—The Administrator may provide for the perform40 ance of a function assigned under this subtitle by any of the following

41 methods:
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1 (A) The Administrator may direct the Administration to per2 form the function.

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

4 of the Administration and direct the component to perform the

5 function.

6 (C) The Administrator may transfer the function from one com7 ponent of the Administration to another.

8 (D) The Administrator may direct an executive agency to per9 form the function for itself, with the consent of the agency or by

10 direction of the President.

11 (E) The Administrator may direct one executive agency to per12 form the function for another executive agency, with the consent

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

14 (F) The Administrator may provide for performance of a func15 tion by a combination of the methods described in this paragraph.

16 (2) TRANSFER OF RESOURCES.—

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

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

19 the Administrator may also provide for the transfer of appropriate

20 allocated amounts from the component that previously carried out

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

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

23 the Director of the Office of Management and Budget.

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

25 function from one executive agency to another (including a trans26 fer to or from the Administration), the Administrator may also

27 provide for the transfer of appropriate personnel, records, prop28 erty, and allocated amounts from the executive agency that pre29 viously carried out the function to the executive agency being di30 rected to carry out the function. A transfer under this subpara31 graph is subject to approval by the Director.

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

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

34 this subtitle. Members of the advisory committees shall serve without com35 pensation but are entitled to transportation and not more than $25 a day

36 instead of expenses under section 5703 of title 5.

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

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

39 assistance to accomplish the purposes of this subtitle.
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1 (h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi2 cer or employee of the Administration, if authorized by the Administrator,

3 may administer an oath to an individual.

4 § 122. Prohibition on sex discrimination

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

6 receiving federal assistance under this subtitle, an individual may not be ex7 cluded from participation, denied benefits, or otherwise discriminated

8 against based on sex.

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

10 provisions and rules similar to those already established with respect to ra11 cial and other discrimination under title VI of the Civil Rights Act of 1964

12 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does

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

14 alleging discrimination.

15 § 123. Civil remedies for fraud

16 (a) IN GENERAL.—In connection with the procurement, transfer or dis17 position of property under this subtitle, a person that uses or causes to be

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

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

20 obtaining or aiding to obtain, for any person, money, property, or other ben21 efit from the Federal Government—

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

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

24 (B) two times the amount of damages sustained by the Govern25 ment because of each act; and

26 (C) the cost of suit;

27 (2) if the Government elects, shall pay to the Government, as liq28 uidated damages, an amount equal to two times the consideration that

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

30 to give to the Government; or

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

32 money or property fraudulently obtained, with the Government retain33 ing as liquidated damages, the money, property, or other consideration

34 given to the Government.

35 (b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil rem36 edies provided in this section are in addition to all other civil remedies and

37 criminal penalties provided by law.

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

39 the Government is not liable (except for an individual’s own fraud) or ac40 countable for collection of a purchase price that is determined to be

41 uncollectible by the federal agency responsible for property if the property
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1 is transferred or disposed of in accordance with this subtitle and with regu2 lations prescribed under this subtitle.

3 (d) JURISDICTION AND VENUE.—

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

5 means a district court of the United States or a district court of a ter6 ritory or possession of the United States.

7 (2) IN GENERAL.—A district court has original jurisdiction of an ac8 tion arising under this section, and venue is proper, if at least one de9 fendant resides or may be found in the court’s judicial district. Juris10 diction and venue are determined without regard to the place where

11 acts were committed.

12 (3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A de13 fendant that does not reside and may not be found in the court’s judi14 cial district may be brought in by order of the court, to be served per15 sonally, by publication, or in another reasonable manner directed by the

16 court.

17 § 124. Agency use of amounts for property management

18 Amounts appropriated, allocated, or available to a federal agency for pur19 poses similar to the purposes in section 121 of this title or subchapter I

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

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

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

23 Office of Management and Budget authorizes the use.

24 § 125. Library memberships

25 Amounts appropriated may be used, when authorized by the Adminis26 trator of General Services, for payment in advance for library memberships

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

28 at a lower price than that charged to the general public.

29 § 126. Reports to Congress

30 The Administrator of General Services, at times the Administrator con31 siders desirable, shall submit a report to Congress on the administration of

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

33 of this subtitle that the Administrator considers appropriate and shall iden34 tify any law that is obsolete because of the enactment or operation of this

35 subtitle.

36 CHAPTER 3—ORGANIZATION OF GENERAL SERVICES

37 ADMINISTRATION

SUBCHAPTER I—GENERAL

Sec.

301. Establishment.

302. Administrator and Deputy Administrator.

303. Functions.

304. Federal information centers.
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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.

1 SUBCHAPTER I—GENERAL

2 § 301. Establishment

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

4 of the Federal Government.

5 § 302. Administrator and Deputy Administrator

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

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

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

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

10 (b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint a Dep11 uty Administrator of General Services. The Deputy Administrator shall per12 form functions designated by the Administrator. The Deputy Administrator

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

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

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

16 § 303. Functions

17 (a) BUREAU OF FEDERAL SUPPLY.—

18 (1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the func19 tions of the Administrator of General Services include functions related

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

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

22 (A) the Bureau;

23 (B) the Director of the Bureau;

24 (C) the personnel of the Bureau; or

25 (D) the Secretary of the Treasury.

26 (2) FUNCTIONS NOT TRANSFERRED.—The functions of the Adminis27 trator of General Services do not include functions retained in the De28 partment of the Treasury under section 102(c) of the Federal Property

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

30 (b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD31 INGS.—The functions of the Administrator of General Services include func32 tions related to the Federal Works Agency and functions related to the

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

34 were functions of—

35 (1) the Federal Works Agency;

36 (2) the Federal Works Administrator; or
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1 (3) the Commissioner of Public Buildings.

2 § 304. Federal information centers

3 The Administrator of General Services may establish within the General

4 Services Administration a nationwide network of federal information centers

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

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

7 related purposes.

8 SUBCHAPTER II—ADMINISTRATIVE

9 § 311. Personnel

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

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

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

13 carry out chapters 1, 3, and 5 of this title and title III of the Federal Prop14 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

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

16 temporary or intermittent services of experts or consultants under section

17 3109 of title 5 to the extent the Administrator finds necessary to carry out

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

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

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

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

22 the Administrator may use the services of personnel (including armed serv23 ices personnel) from an executive agency other than the General Services

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

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

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

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

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

29 expenses may not be allowed for an employee on temporary duty in the Dis30 trict of Columbia under this paragraph.

31 § 312. Transfer and use of amounts for major equipment ac32 quisitions

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

34 amounts appropriated or otherwise made available to the General Services

35 Administration for operating expenses and salaries and expenses may be

36 transferred and merged into the ‘‘Major equipment acquisitions and develop37 ment activity’’ of the Salaries and Expenses, General Management and Ad38 ministration appropriation account for—

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

40 processing systems; and
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1 (2) financial management and management information systems

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

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

4 (b) REQUIREMENTS AND AVAILABILITY.—

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

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

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

8 available.

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

10 may be used only with the advance approval of the Committees on Ap11 propriations of the House of Representatives and the Senate.

12 (3) AVAILABILITY.—An amount transferred under this section re13 mains available until expended.

14 § 313. Tests of materials

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

16 a producer or vendor for sale or lease to the General Services Administra17 tion or to any procurement authority acting under the direction and control

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

19 (b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Admin20 istrator’s discretion and with the consent of the producer or vendor, may

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

22 (1) determine whether an article or commodity conforms to pre23 scribed specifications and standards; or

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

25 (c) FEES.—

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

27 vendor a fee for the tests.

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

29 OF PRODUCER OR VENDOR.—If the Administrator determines that con30 ducting the tests predominantly serves the interest of the producer or

31 vendor, the Administrator shall fix the fee in an amount that will re32 cover the costs of conducting the tests, including all components of the

33 costs, determined in accordance with accepted accounting principles.

34 (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN35 TEREST OF PRODUCER OR VENDOR.—If the Administrator determines

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

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

38 amount the Administrator determines is reasonable for furnishing the

39 testing service.
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1 SUBCHAPTER III—FUNDS

2 § 321. General Supply Fund

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

4 Treasury.

5 (b) COMPOSITION.—

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

7 to the Fund and the value, as determined by the Administrator of Gen8 eral Services, of personal property transferred from executive agencies

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

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

11 (2) OTHER CREDITS.—

12 (A) IN GENERAL.—The Fund shall be credited with all reim13 bursements, advances, and refunds or recoveries relating to per14 sonal property or services procured through the Fund, including—

15 (i) the net proceeds of disposal of surplus personal prop16 erty; and

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

18 to, personal property.

19 (B) REAPPROPRIATION.—Amounts credited under this para20 graph are reappropriated for the purposes of the Fund.

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

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

23 the purposes of the Fund.

24 (c) USES.—

25 (1) IN GENERAL.—The Fund is available for use by or under the di26 rection and control of the Administrator for—

27 (A) procuring, for the use of federal agencies in the proper dis28 charge of their responsibilities—

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

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

31 forms, blankbook work, standard specifications, and other

32 printed material in common use by federal agencies and not

33 available through the Superintendent of Documents); and

34 (ii) nonpersonal services;

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

36 property and services, and cost of personal services employed di37 rectly in the repair, rehabilitation, and conversion of personal

38 property; and

39 (C) paying other direct costs of, and indirect costs that are rea40 sonably related to, contracting, procurement, inspection, storage,

41 management, distribution, and accountability of property and non-
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1 personal services provided by the General Services Administration

2 or by special order through the Administration.

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

4 personal property and nonpersonal services authorized to be acquired

5 by—

6 (A) mixed-ownership Government corporations;

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

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

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

10 Administration.

11 (d) PAYMENT FOR PROPERTY AND SERVICES.—

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

13 Fund for requisitioning agencies, the agencies shall pay prices the Ad14 ministrator fixes under this subsection.

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

16 prices at levels sufficient to recover—

17 (A) so far as practicable—

18 (i) the purchase price;

19 (ii) the transportation cost;

20 (iii) inventory losses;

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

22 repair, rehabilitation, and conversion of personal property;

23 and

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

25 for lease or rent to executive agencies; and

26 (B) properly allocable costs payable by the Fund under sub27 section (c)(1)(C).

28 (3) TIMING OF PAYMENTS.—

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

30 in advance when the Administrator determines that there is insuf31 ficient capital otherwise available in the Fund. Payment in ad32 vance may also be made under an agreement between a requisi33 tioning agency and the Administrator.

34 (B) PROMPT REIMBURSEMENT.—If payment is not made in ad35 vance, the Administration shall be reimbursed promptly out of

36 amounts of the requisitioning agency in accordance with account37 ing procedures approved by the Comptroller General.

38 (C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Ad39 ministrator may obtain reimbursement by the issuance of transfer

40 and counterwarrants, or other lawful transfer documents, sup-
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1 ported by itemized invoices, if payment is not made by a requisi2 tioning agency within 45 days after the later of—

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

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

5 or services is incurred by the Administrator.

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

7 The Administrator may accept periodic reimbursement from the Senate and

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

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

10 The amount of each periodic reimbursement shall be computed by amor11 tizing the total cost of each item of equipment over the useful life of the

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

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

14 Officer of the House of Representatives, as appropriate.

15 (f) TREATMENT OF SURPLUS.—

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

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

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

19 and prior losses considered) shall be deposited in the Treasury as mis20 cellaneous receipts.

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

22 of the Fund, the Administrator may retain amounts necessary to main23 tain a sufficient level of inventory of personal property to meet the

24 needs of the federal agencies.

25 (g) AUDITS.—The Comptroller General shall audit the Fund in accord26 ance with the provisions of chapter 35 of title 31 and report the results of

27 the audits.

28 § 322. Information Technology Fund

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

30 Treasury.

31 (b) COST AND CAPITAL REQUIREMENTS.—

32 (1) IN GENERAL.—The Administrator of General Services shall de33 termine the cost and capital requirements of the Fund for each fiscal

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

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

36 that purchase is the least costly alternative) information proc37 essing and transmission equipment, software, systems, and oper38 ating facilities necessary to provide services;

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

40 proceeds from the disposal of excess or surplus personal property
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1 and receipts from carriers and others for loss or damage to prop2 erty; and

3 (C) that are appropriated, authorized to be transferred, or oth4 erwise made available to the Fund.

5 (2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDG6 ET.—The Administrator shall submit plans concerning the cost and

7 capital requirements determined under this section, and other informa8 tion as may be requested, for review and approval by the Director of

9 the Office of Management and Budget. Plans submitted under this sec10 tion fulfill the requirements of sections 1512 and 1513 of title 31.

11 (3) ADJUSTMENTS.—Any change to the cost and capital require12 ments of the Fund for a fiscal year shall be made in the same manner

13 as the initial fiscal year determination.

14 (c) USE.—

15 (1) IN GENERAL.—The Fund is available for expenses, including per16 sonal services and other costs, and for procurement (by lease, purchase,

17 transfer, or otherwise) to efficiently provide information technology re18 sources to federal agencies and to efficiently manage, coordinate, oper19 ate, and use those resources.

20 (2) SPECIFICALLY INCLUDED ITEMS.—Information technology re21 sources provided under this section include information processing and

22 transmission equipment, software, systems, operating facilities, sup23 plies, and related services including maintenance and repair.

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

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

26 currently available in the Fund.

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

28 fiscal year limitation.

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

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

31 rates, consistent with the approval, to be charged to agencies for informa32 tion technology resources provided through the Fund.

33 (e) CONTRACT AUTHORITY.—

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

35 enter into multiyear contracts, not longer than 5 years, to provide in36 formation technology hardware, software, or services if—

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

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

39 termination;

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

41 (C) the Administrator determines that—
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1 (i) the need for the information technology hardware, soft2 ware, or services being provided will continue over the period

3 of the contract;

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

5 cost savings when compared with other methods of providing

6 the necessary resources; and

7 (iii) the method of contracting will not exclude small busi8 ness participation.

9 (2) EFFECT ON OTHER LAW.—This subsection does not limit the au10 thority of the Administrator to procure equipment and services under

11 sections 501–505 of this title.

12 (f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each fis13 cal year, any uncommitted balance remaining in the Fund, after making

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

15 Management and Budget, shall be transferred to the Treasury as miscella16 neous receipts.

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

18 Director on the operation of the Fund. The report must address the inven19 tory, use, and acquisition of information processing equipment and identify

20 any proposed increases to the capital of the Fund.

21 § 323. Consumer Information Center Fund

22 (a) EXISTENCE.—There is in the Treasury a Consumer Information Cen23 ter Fund, General Services Administration, for the purpose of disseminating

24 Federal Government consumer information to the public and for other re25 lated purposes.

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

27 (1) appropriations from the Treasury for Consumer Information

28 Center activities;

29 (2) user fees from the public;

30 (3) reimbursements from other federal agencies for costs of distrib31 uting publications; and

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

33 (c) EXPENDITURES.—Money deposited into the Fund is available for ex34 penditure for Center activities in amounts specified in appropriation laws.

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

36 Center account.

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

38 a fiscal year remain in the Fund and are available for authorization in ap39 propriation laws for subsequent fiscal years.

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

41 gifts for purposes of defraying the costs of printing, publishing, and distrib-
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1 uting consumer information and educational materials and undertaking

2 other consumer information activities. In addition to amounts appropriated

3 or otherwise made available, the Center may expend the gifts for these pur4 poses and any balance remains available for expenditure.

5 CHAPTER 5—PROPERTY MANAGEMENT

SUBCHAPTER I—PROCUREMENT AND WAREHOUSING

Sec.

501. Services for executive agencies.

502. Services for other entities.

503. Exchange or sale of similar items.

504. Agency cooperation for inspection.

505. Exchange or transfer of medical supplies.

506. Inventory controls and systems.

SUBCHAPTER II—USE OF PROPERTY

521. Policies and methods.

522. Reimbursement for transfer of excess property.

523. Excess real property located on Indian reservations.

524. Duties of executive agencies.

525. Excess personal property for federal agency grantees.

526. Temporary assignment of excess real property.

527. Abandonment, destruction, or donation of property.

528. Utilization of excess furniture.

529. Annual executive agency reports on excess personal property.

SUBCHAPTER III—DISPOSING OF PROPERTY

541. Supervision and direction.

542. Care and handling.

543. Method of disposition.

544. Validity of transfer instruments.

545. Procedure for disposal.

546. Contractor inventories.

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

548. Surplus vessels.

549. Donation of personal property through state agencies.

550. Disposal of real property for certain purposes.

551. Donations to American Red Cross.

552. Abandoned or unclaimed property on Government premises.

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

purposes.

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

555. Donation of law enforcement canines to handlers.

556. Disposal of dredge vessels.

557. Donation of books to Free Public Library.

558. Donation of forfeited vessels.

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

SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

571. General rules for deposit and use of proceeds.

572. Real property.

573. Personal property.

574. Other rules regarding proceeds.

SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES

581. General authority of Administrator of General Services.

582. Management of buildings by Administrator of General Services.

583. Construction of buildings.

584. Assignment and reassignment of space.

585. Lease agreements.

586. Charges for space and services.

587. Telecommuting and other alternative workplace arrangements.

588. Movement and supply of office furniture.

589. Installation, repair, and replacement of sidewalks.

590. Child care.
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591. Purchase of electricity.

592. Federal Buildings Fund.

593. Protection for veterans preference employees.

SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

601. Purposes.

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

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

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

605. Payment of costs.

606. Regulations related to operation.

607. Records.

608. Scrip, tokens, tickets.

609. Identification of vehicles.

610. Discontinuance of motor vehicle pool or system.

611. Duty to report violations.

1 SUBCHAPTER I—PROCUREMENT AND WAREHOUSING

2 § 501. Services for executive agencies

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

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

5 action under this subchapter for an executive agency—

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

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

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

13 directs otherwise, whenever the Secretary determines that an exemption

14 is in the best interests of national security.

15 (b) PROCUREMENT AND SUPPLY.—

16 (1) FUNCTIONS.—

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

18 procure and supply personal property and nonpersonal services for

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.—

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

29 prescribe policies and methods for executive agencies regarding the

30 procurement and supply of personal property and nonpersonal

31 services and related functions.
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1 (B) CONTROLLING REGULATION.—Policies and methods pre2 scribed by the Administrator of General Services under this para3 graph are subject to regulations prescribed by the Administrator

4 for Federal Procurement Policy under the Office of Federal Pro5 curement Policy Act (41 U.S.C. 401 et seq.).

6 (c) REPRESENTATION.—For transportation and other public utility serv7 ices used by executive agencies, the Administrator of General Services shall

8 represent the agencies—

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

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

11 federal and state regulatory bodies.

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

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

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

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

16 or arrange for executive agencies to operate the facilities.

17 § 502. Services for other entities

18 (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORA19 TIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator

20 of General Services shall provide, to the extent practicable, any of the serv21 ices specified in section 501 of this title to—

22 (1) a federal agency;

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

24 9101 of title 31); or

25 (3) the District of Columbia.

26 (b) QUALIFIED NONPROFIT AGENCIES.—

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

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

29 this title to an agency that is—

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

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

32 or

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

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

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

36 (B) providing a commodity or service to the Federal Govern37 ment under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).

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

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

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

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

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

3 § 503. Exchange or sale of similar items

4 (a) AUTHORITY OF EXECUTIVE AGENCIES.—In acquiring personal prop5 erty, an executive agency may exchange or sell similar items and may apply

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

7 the property acquired.

8 (b) APPLICABLE REGULATION AND LAW.—

9 (1) REGULATIONS PRESCRIBED BY ADMINISTRATOR OF GENERAL

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

11 accordance with regulations the Administrator of General Services pre12 scribes, subject to regulations prescribed by the Administrator for Fed13 eral Procurement Policy under the Office of Federal Procurement Pol14 icy Act (41 U.S.C. 401 et seq.).

15 (2) IN WRITING.—A transaction under subsection (a) must be evi16 denced in writing.

17 (3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the Re18 vised Statutes (41 U.S.C. 5) applies to a sale of property under sub19 section (a), except that fixed price sales may be conducted in the same

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

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

22 § 504. Agency cooperation for inspection

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

24 work, materials, and equipment of another executive agency, with the con25 sent of the other executive agency, to inspect personal property incident to

26 procuring the property.

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

28 31 or any other law, an executive agency may provide services, work, mate29 rials, and equipment for purposes of this section without reimbursement or

30 transfer of amounts.

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

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

33 policies and methods the Administrator of General Services prescribes under

34 section 501 of this title.

35 § 505. Exchange or transfer of medical supplies

36 (a) EXCESS PROPERTY DETERMINATION.—

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

38 holds for national emergency purposes are considered excess property

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

40 that—
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1 (A) the remaining storage or shelf life is too short to justify

2 continued retention for national emergency purposes; and

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

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

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

6 transfer or other disposal and use of medical materials or supplies be7 fore their shelf life expires and they are rendered unfit for human use.

8 (b) TRANSFER OR EXCHANGE.—

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

10 of General Services prescribes, medical materials or supplies considered

11 excess property may be transferred to another federal agency or ex12 changed with another federal agency for other medical materials or

13 supplies.

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

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

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

17 medical materials or supplies to be held for national emergency pur18 poses.

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

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

21 shall be disposed of as surplus property.

22 § 506. Inventory controls and systems

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

24 (1) IN GENERAL.—Subject to paragraph (2), and after adequate ad25 vance notice to affected executive agencies, the Administrator of Gen26 eral Services may undertake the following activities as necessary to

27 carry out functions under this chapter:

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

29 agency reports on Federal Government property and property

30 management practices.

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

32 establish reasonable inventory levels for property stocked by them,

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

34 Director of the Office of Management and Budget.

35 (C) FEDERAL SUPPLY CATALOG SYSTEM.—Establish and main36 tain a uniform federal supply catalog system that is appropriate

37 to identify and classify personal property under the control of fed38 eral agencies.

39 (D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

40 FORMS AND PROCEDURES.—Prescribe standard purchase specifica41 tions and standard forms and procedures (except forms and proce-
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1 dures that the Comptroller General prescribes by law) subject to

2 regulations the Administrator for Federal Procurement Policy pre3 scribes under the Office of Federal Procurement Policy Act (41

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

5 (2) SPECIAL CONSIDERATIONS REGARDING DEPARTMENT OF DE6 FENSE.—

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

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

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

10 Secretary of Defense.

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

12 maintaining a uniform federal supply catalog system under para13 graph (1)(C), the Administrator of General Services and the Sec14 retary shall coordinate to avoid unnecessary duplication.

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

16 the uniformed federal supply catalog system, the standard purchase speci17 fications, and the standard forms and procedures established under sub18 section (a), except as the Administrator of General Services, considering ef19 ficiency, economy, or other interests of the Government, may otherwise pro20 vide.

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

22 audit all types of property accounts and transactions. Audits shall be con23 ducted at the time and in the manner the Comptroller General decides and

24 as far as practicable at the place where the property or records of the execu25 tive agencies are kept. Audits shall include an evaluation of the effectiveness

26 of internal controls and audits, and a general audit of the discharge of ac27 countability for Government-owned or controlled property, based on gen28 erally accepted principles of auditing.

29 SUBCHAPTER II—USE OF PROPERTY

30 § 521. Policies and methods

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

32 property, the Administrator of General Services shall—

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

34 excess property by executive agencies; and

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

36 (A) among federal agencies; and

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

38 title.

39 § 522. Reimbursement for transfer of excess property

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

41 Administrator of General Services, with the approval of the Director of the
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1 Office of Management and Budget, shall prescribe the amount of reimburse2 ment required for a transfer of excess property.

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

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

5 as determined by the Administrator, if—

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

7 (2) either the transferor or the transferee agency (or the organiza8 tional unit affected) is—

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

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

11 (c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUP12 PLY CENTERS.—Excess property determined by the Administrator to be

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

14 Administration shall be retransferred at prices set by the Administrator

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

16 § 523. Excess real property located on Indian reservations

17 (a) PROCEDURES FOR TRANSFER.—The Administrator of General Serv18 ices shall prescribe procedures necessary to transfer to the Secretary of the

19 Interior, without compensation, excess real property located within the res20 ervation of any group, band, or tribe of Indians that is recognized as eligible

21 for services by the Bureau of Indian Affairs.

22 (b) PROPERTY HELD IN TRUST.—

23 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec24 retary shall hold excess real property transferred under this section in

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

26 within whose reservation the excess real property is located.

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

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

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

30 the Secretary if the real property—

31 (A) is located within boundaries of former reservations in Okla32 homa, as defined by the Secretary, and was held in trust by the

33 Federal Government for an Indian tribe when the Government ac34 quired it; or

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

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

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

38 § 524. Duties of executive agencies

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

40 (1) maintain adequate inventory controls and accountability systems

41 for property under its control;
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1 (2) continuously survey property under its control to identify excess

2 property;

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

4 Services;

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

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

7 accordance with authority delegated and regulations prescribed by the

8 Administrator.

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

10 as practicable, shall—

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

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

13 used to make the purchase;

14 (2) transfer excess property under its control to other federal agen15 cies and to organizations specified in section 321(c)(2) of this title; and

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

17 § 525. Excess personal property for federal agency grantees

18 (a) GENERAL PROHIBITION.—A federal agency is prohibited from obtain19 ing excess personal property for the purpose of furnishing the property to

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

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

22 ORGANIZATIONS.—

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

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

25 property for the purpose of furnishing it to a public agency or an orga26 nization that is nonprofit and exempt from taxation under section 501

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

28 (A) the agency or organization is conducting a federally spon29 sored project pursuant to a grant made for a specific purpose with

30 a specific termination provision;

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

32 the grant; and

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

34 25 percent of the original acquisition cost (except for costs of care

35 and handling) of the excess property; and

36 (ii) the amount is deposited in the Treasury as miscellaneous re37 ceipts.

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

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

40 property in accordance with procedures governing accountability for

41 personal property acquired under grant agreements.
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1 (c) EXCEPTION FOR CERTAIN PROPERTY FURNISHED BY SECRETARY OF

2 AGRICULTURE.—

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

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

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

6 Marshall Islands, Palau, the Virgin Islands, and the District of Colum7 bia.

8 (2) IN GENERAL.—Under regulations and restrictions the Adminis9 trator may prescribe, subsection (a) does not apply to property fur10 nished by the Secretary of Agriculture to—

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

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

13 341 et seq.);

14 (B) a state experiment station engaged in cooperative agricul15 tural research work under the Hatch Act of 1887 (7 U.S.C. 361a

16 et seq.); or

17 (C) an institution engaged in cooperative agricultural research

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

19 National Agricultural Research, Extension, and Teaching Policy

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

21 of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Gov22 ernment retains title.

23 (d) OTHER EXCEPTIONS.—Under regulations and restrictions the Admin24 istrator may prescribe, subsection (a) does not apply to—

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

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

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

28 549 of this title;

29 (2) scientific equipment furnished under section 11(e) of the Na30 tional Science Foundation Act of 1950 (42 U.S.C. 1870(e));

31 (3) property furnished under section 203 of the Department of Agri32 culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the

33 Cooperative Forest Fire Control Program, if the Government retains

34 title; or

35 (4) property furnished in connection with a grant to a tribe, as de36 fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.

37 1452(c)).

38 § 526. Temporary assignment of excess real property

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

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

41 agency, for use as office or storage space or for a related purpose, if the
30

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1 Administrator determines that assignment or reassignment is more advan2 tageous than permanent transfer. The Administrator shall determine the

3 duration of the assignment or reassignment.

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

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

6 Administrator may obtain appropriate reimbursement from the federal

7 agency.

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

9 The Administrator of General Services may authorize the abandonment

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

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

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

13 estimated proceeds from sale.

14 § 528. Utilization of excess furniture

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

16 provided by law to purchase furniture if the Administrator of General Serv17 ices determines that requirements can reasonably be met by transferring ex18 cess furniture, including rehabilitated furniture, from other departments or

19 agencies pursuant to this subtitle.

20 § 529. Annual executive agency reports on excess personal

21 property

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

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

24 General Services a report on personal property—

25 (1) obtained as—

26 (A) excess property; or

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

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

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

30 federal agency.

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

32 equipment and show—

33 (1) the acquisition cost of the property;

34 (2) the recipient of the property; and

35 (3) other information the Administrator may require.

36 SUBCHAPTER III—DISPOSING OF PROPERTY

37 § 541. Supervision and direction

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

39 General Services shall supervise and direct the disposition of surplus prop40 erty in accordance with this subtitle.
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1 § 542. Care and handling

2 The disposal of surplus property, and the care and handling of the prop3 erty pending disposition, may be performed by the General Services Admin4 istration or, when the Administrator of General Services decides, by the ex5 ecutive agency in possession of the property or by any other executive agen6 cy that agrees.

7 § 543. Method of disposition

8 An executive agency designated or authorized by the Administrator of

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

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

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

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

13 property and may take other action it considers necessary or proper to dis14 pose of the property under this chapter.

15 § 544. Validity of transfer instruments

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

17 of an executive agency purporting to transfer title or other interest in sur18 plus property under this chapter is conclusive evidence of compliance with

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

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

21 § 545. Procedure for disposal

22 (a) PUBLIC ADVERTISING FOR BIDS.—

23 (1) REQUIREMENT.—

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

25 Administrator of General Services may make or authorize a dis26 posal or a contract for disposal of surplus property only after pub27 lic advertising for bids, under regulations the Administrator pre28 scribes.

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

30 or a contract for disposal of surplus property—

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

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

33 contract broker.

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

35 conditions of advertisement must permit full and free competition con36 sistent with the value and nature of the property involved.

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

38 time and place stated in the advertisement.

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

40 by notice to the responsible bidder whose bid, conforming to the invita41 tion for bids, is most advantageous to the Federal Government, price
32

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

2 is in the public interest to do so.

3 (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator pre4 scribes, disposals and contracts for disposal may be negotiated without re5 gard to subsection (a), but subject to obtaining competition that is feasible

6 under the circumstances, if—

7 (1) necessary in the public interest—

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

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

10 property; or

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

12 specifically described category of personal property as determined

13 by the Administrator;

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

15 by a particular disposal of personal property;

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

17 personal property;

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

19 that disposal under subsection (a) would impact an industry to an ex20 tent that would adversely affect the national economy, and the esti21 mated fair market value of the property and other satisfactory terms

22 of disposal can be obtained by negotiation;

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

24 exceed $15,000;

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

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

27 independently arrived at in open competition;

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

29 property or unusual circumstances make it impractical to advertise

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

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

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

33 United States, or to a political subdivision of, or a tax-supported agen34 cy in, a State, territory, or possession, and the estimated fair market

35 value of the property and other satisfactory terms of disposal are ob36 tained by negotiation; or

37 (9) otherwise authorized by law.

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

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

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

41 followed in similar commercial transactions under regulations the Adminis-
33

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1 trator prescribes. The regulations must require that brokers give wide public

2 notice of the availability of the property for disposal.

3 (d) NEGOTIATED SALE AT FIXED PRICE.—

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

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

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

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

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

9 the estimated fair market value of the property. Sales under this sub10 section are limited to categories of personal property for which the Ad11 ministrator determines that disposal under this subsection best serves

12 the interests of the Government.

13 (2) FIRST OFFER.—Under regulations and restrictions the Adminis14 trator prescribes, an opportunity to purchase property at a fixed price

15 under this subsection may be offered first to an entity specified in sub16 section (b)(8) that has expressed an interest in the property.

17 (e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—

18 (1) REQUIREMENT.—

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

20 explanatory statement of the circumstances shall be prepared for

21 each disposal by negotiation of—

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

23 value in excess of $15,000;

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

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

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

27 subparagraph;

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

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

30 than $100,000 for any year;

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

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

33 lease is more than $100,000; or

34 (v) real property or real and related personal property dis35 posed of by exchange, regardless of value, or any property for

36 which any part of the consideration is real property.

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

38 a disposal of personal property under subsection (d), or for a dis39 posal of real or personal property authorized by any other law to

40 be made without advertising.
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1 (2) TRANSMITTAL TO CONGRESS.—The explanatory statement shall

2 be transmitted to the appropriate committees of Congress in advance

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

4 files of the executive agency making the disposal.

5 (3) LISTING IN REPORT.—A report of the Administrator under sec6 tion 126 of this title must include a listing and description of any nego7 tiated disposals of surplus property having an estimated fair market

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

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

10 explanatory statement has been transmitted under this subsection.

11 (f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Stat12 utes (41 U.S.C. 5) does not apply to a disposal or contract for disposal

13 made under this section.

14 § 546. Contractor inventories

15 Subject to regulations of the Administrator of General Services, an execu16 tive agency may authorize a contractor or subcontractor with the agency to

17 retain or dispose of contractor inventory.

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

19 goods

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

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

22 agricultural commodities, surplus foods processed from agricultural com23 modities, and surplus cotton or woolen goods. The policies shall be formu24 lated to prevent surplus agricultural commodities, or surplus foods proc25 essed from agricultural commodities, from being dumped on the market in

26 a disorderly manner and disrupting the market prices for agricultural com27 modities.

28 (b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—

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

30 to the Department of Agriculture any surplus agricultural commodities,

31 foods, and cotton or woolen goods for disposal, when the Secretary de32 termines that a transfer is necessary for the Secretary to carry out re33 sponsibilities for price support or stabilization.

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

35 Department under this subsection shall be deposited pursuant to any

36 authority available to the Secretary. When applicable, however, net pro37 ceeds from the sale of surplus property transferred under this sub38 section shall be credited pursuant to section 572(a) of this title.

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

40 under this subsection may not be sold, other than for export, in quan41 tities exceeding, or at prices less than, the applicable quantities and
35

•HR 2068 RS

1 prices for sales of those commodities by the Commodity Credit Cor2 poration.

3 § 548. Surplus vessels

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

5 gross tons or more which the Administration determines to be merchant ves6 sels or capable of conversion to merchant use. The vessels shall be disposed

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

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

9 § 549. Donation of personal property through state agencies

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

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

12 (A) a State;

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

14 government or economic development district);

15 (C) a department, agency, or instrumentality of a State (includ16 ing instrumentalities created by compact or other agreement be17 tween States or political subdivisions); or

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

19 on a state reservation.

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

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

22 Northern Mariana Islands, and American Samoa.

23 (3) STATE AGENCY.—The term ‘‘state agency’’ means an agency des24 ignated under state law as the agency responsible for fair and equitable

25 distribution, through donation, of property transferred under this sec26 tion.

27 (b) AUTHORIZATION.—

28 (1) IN GENERAL.—The Administrator of General Services, in the Ad29 ministrator’s discretion and under regulations the Administrator may

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

31 agency.

32 (2) PROPERTY.—

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

34 personal property that—

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

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

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

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

39 be made between property capitalized in a working-capital fund es40 tablished under section 2208 of title 10 (or similar fund) and any

41 other property.
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1 (3) NO COST.—Transfer of property under this section is without

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

3 (c) ALLOCATION AND TRANSFER OF PROPERTY.—

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

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

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

7 agencies to the extent feasible. The Administrator shall give fair con8 sideration, consistent with the established criteria, to an expression of

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

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

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

12 specific item of property.

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

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

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

16 cost of the property.

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

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

19 through donation within the State—

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

21 residents of a given political area, a public purpose, including con22 servation, economic development, education, parks and recreation,

23 public health, and public safety; or

24 (B) for purposes of education or public health (including re25 search), to a nonprofit educational or public health institution or

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

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

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

29 drug abuse treatment center;

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

31 families or individuals whose annual incomes are below the

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

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

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

35 (iv) a school for the mentally retarded or physically handi36 capped;

37 (v) a child care center;

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

39 Communications Commission as an educational radio or edu40 cational television station;

41 (vii) a museum attended by the public; or
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•HR 2068 RS

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

2 district, State, or region.

3 (4) EXCEPTION.—This subsection does not apply to property trans4 ferred under subsection (d).

5 (d) DEPARTMENT OF DEFENSE PROPERTY.—

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

7 whether surplus personal property under the control of the Department

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

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

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

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

12 Secretary of Defense determines that the property is usable and nec13 essary for educational activities which are of special interest to the

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

15 the Administrator to the appropriate state agency for distribution

16 through donation to the educational activities.

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

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

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

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

21 subsection (c).

22 (e) STATE PLAN OF OPERATION.—

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

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

25 accordance with this subsection and with state law.

26 (2) PROCEDURE.—

27 (A) CONSIDERATION OF NEEDS AND RESOURCES.—In devel28 oping and implementing the state plan of operation, the relative

29 needs and resources of all public agencies and other eligible insti30 tutions in the State shall be taken into consideration. The Admin31 istrator may consult with interested federal agencies to obtain

32 their views concerning the administration and operation of this

33 section.

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

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

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

37 the proposed plan or amendment has been published and inter38 ested persons have been given at least 30 days to submit com39 ments.
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1 (C) CERTIFICATION.—The chief executive officer of the State

2 shall certify and submit the state plan of operation to the Admin3 istrator.

4 (3) REQUIREMENTS.—

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

6 adequate assurance that the state agency has—

7 (i) the necessary organizational and operational authority

8 and capability including staff, facilities, and means and meth9 ods of financing; and

10 (ii) established procedures for accountability, internal and

11 external audits, cooperative agreements, compliance and use

12 reviews, equitable distribution and property disposal, deter13 mination of eligibility, and assistance through consultation

14 with advisory bodies and public and private groups.

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

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

17 State based on the relative needs and resources of interested pub18 lic agencies and other eligible institutions in the State and their

19 abilities to use the property.

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

21 state plan of operation shall require, for donable property trans22 ferred under this section, that the state agency use management

23 control and accounting systems of the same type as systems re24 quired by state law for state-owned property. However, with ap25 proval from the chief executive officer of the State, the state agen26 cy may elect to use other management control and accounting sys27 tems that are effective to govern the use, inventory control, ac28 countability, and disposal of property under this section.

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

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

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

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

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

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

35 use.

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

37 require the state agency, to the extent practicable, to select prop38 erty requested by a public agency or other eligible institution in

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

40 of the property directly to the recipient.
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•HR 2068 RS

1 (F) SERVICE CHARGES.—If the state agency is authorized to as2 sess and collect service charges from participating recipients to

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

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

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

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

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

8 (G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRIC9 TIONS.—

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

11 that the state agency—

12 (I) may impose reasonable terms, conditions, reserva13 tions, and restrictions on the use of property to be do14 nated under subsection (c); and

15 (II) shall impose reasonable terms, conditions, reserva16 tions, and restrictions on the use of a passenger motor

17 vehicle and any item of property having a unit acquisi18 tion cost of $5,000 or more.

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

20 that an item has characteristics that require special handling

21 or use limitations, the Administrator may impose appropriate

22 conditions on the donation of the property.

23 (H) UNUSABLE PROPERTY.—

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

25 that surplus personal property which the state agency deter26 mines cannot be used by eligible recipients shall be disposed

27 of—

28 (I) subject to the disapproval of the Administrator

29 within 30 days after notice to the Administrator,

30 through transfer by the state agency to another state

31 agency or through abandonment or destruction if the

32 property has no commercial value or if the estimated

33 cost of continued care and handling exceeds estimated

34 proceeds from sale; or

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

36 in a manner the Administrator prescribes.

37 (ii) PROCEEDS FROM SALE.—Notwithstanding subchapter

38 IV of this chapter and section 702 of this title, the Adminis39 trator, from the proceeds of sale of property described in sub40 section (b), may reimburse the state agency for expenses that
40

•HR 2068 RS

1 the Administrator considers appropriate for care and han2 dling of the property.

3 (f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—

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

5 this section, a cooperative agreement may be made between a state sur6 plus property distribution agency designated under this section and—

7 (A) the Administrator;

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

9 section 550(c) of this title;

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

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

12 (D) the head of a federal agency designated by the Adminis13 trator, the Secretary of Education, or the Secretary of Health and

14 Human Services.

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

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

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

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

19 (3) REIMBURSEMENT.—The cooperative agreement may require pay20 ment or reimbursement for the use or provision of property, facilities,

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

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

23 charges would otherwise be made.

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

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

26 property transferred to a state agency for distribution pursuant to

27 subsection (c) may be retained by the state agency for use in per28 forming its functions. Unless otherwise directed by the Adminis29 trator, title to the retained property vests in the state agency.

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

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

32 (i) the Administrator;

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

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

35 (iii) the Secretary of Health and Human Services, for prop36 erty transferred under section 550(d) of this title.

37 § 550. Disposal of real property for certain purposes

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

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

40 States.
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•HR 2068 RS

1 (b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

2 PROPERTY UNDER THIS SECTION.—

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

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

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

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

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

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

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

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

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

12 grant a release from any term, condition, reservation or restriction con13 tained in the instrument, and shall convey, quitclaim, or release to the

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

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

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

17 or that a release, conveyance, or quitclaim deed will not prevent accom18 plishment of that purpose. The release, conveyance, or quitclaim deed

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

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

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

22 is—

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

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

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

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

27 health, including research;

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

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

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

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

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

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

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

35 the public.

36 (c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL

37 USE.—

38 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre39 tion and under regulations that the Administrator may prescribe, may

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

41 including buildings, fixtures, and equipment situated on the property,
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1 that the Secretary recommends as needed for school, classroom, or

2 other educational use.

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

4 within 30 days after notice to the Administrator by the Secretary of

5 Education of a proposed transfer, the Secretary, for school, classroom,

6 or other educational use, may sell or lease property assigned to the Sec7 retary under paragraph (1) to a State, a political subdivision or instru8 mentality of a State, a tax-supported educational institution, or a non9 profit educational institution that has been held exempt from taxation

10 under section 501(c)(3) of the Internal Revenue Code of 1986 (26

11 U.S.C. 501(c)(3)).

12 (3) FIXING VALUE.—In fixing the sale or lease value of property dis13 posed of under paragraph (2), the Secretary of Education 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 State, political subdivi16 sion or instrumentality, or institution.

17 (d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN18 CLUDING RESEARCH.—

19 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre20 tion and under regulations that the Administrator may prescribe, may

21 assign to the Secretary of Health and Human Services for disposal sur22 plus real property, including buildings, fixtures, and equipment situated

23 on the property, that the Secretary recommends as needed for use in

24 the protection of public health, including research.

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

26 within 30 days after notice to the Administrator by the Secretary of

27 Health and Human Services of a proposed transfer, the Secretary, for

28 use in the protection of public health, including research, may sell or

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

30 State, a political subdivision or instrumentality of a State, a tax-sup31 ported medical institution, or a hospital or similar institution not oper32 ated for profit that has been held exempt from taxation under section

33 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

34 (3) FIXING VALUE.—In fixing the sale or lease value of property dis35 posed of under paragraph (2), the Secretary of Health and Human

36 Services shall take into consideration any benefit which has accrued or

37 may accrue to the Government from the use of the property by the

38 State, political subdivision or instrumentality, or institution.

39 (e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—

40 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre41 tion and under regulations that the Administrator may prescribe, may
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1 assign to the Secretary of the Interior for disposal surplus real prop2 erty, including buildings, fixtures, and equipment situated on the prop3 erty, that the Secretary recommends as needed for use as a public park

4 or recreation area.

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

6 within 30 days after notice to the Administrator by the Secretary of

7 the Interior of a proposed transfer, the Secretary, for public park or

8 recreation area use, may sell or lease property assigned to the Sec9 retary under paragraph (1) to a State, a political subdivision or instru10 mentality of a State, or a municipality.

11 (3) FIXING VALUE.—In fixing the sale or lease value of property dis12 posed of under paragraph (2), the Secretary of the Interior shall take

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

14 Government from the use of the property by the State, political subdivi15 sion or instrumentality, or municipality.

16 (4) 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 the purpose for which it was conveyed in perpetuity,

20 and that if the property ceases to be used or maintained for that

21 purpose, all or any portion of the property shall, in its then exist22 ing condition, at the option of the Government, revert to the Gov23 ernment; and

24 (B) may contain additional terms, reservations, restrictions, and

25 conditions the Secretary of the Interior determines are necessary

26 to safeguard the interests of the Government.

27 (f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—

28 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre29 tion and under regulations that the Administrator may prescribe, may

30 assign to the Secretary of Housing and Urban Development for dis31 posal surplus real property, including buildings, fixtures, and equip32 ment situated on the property, that the Secretary recommends as need33 ed to provide housing or housing assistance for low-income individuals

34 or families.

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

36 within 30 days after notice to the Administrator by the Secretary of

37 Housing and Urban Development of a proposed transfer, the Secretary,

38 to provide housing or housing assistance for low-income individuals or

39 families, may sell or lease property assigned to the Secretary under

40 paragraph (1) to a State, a political subdivision or instrumentality of

41 a State, or a nonprofit organization that exists for the primary purpose
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1 of providing housing or housing assistance for low-income individuals

2 or families.

3 (3) SELF-HELP HOUSING.—

4 (A) IN GENERAL.—The Administrator shall disapprove a pro5 posed transfer of property under this subsection unless the Admin6 istrator determines that the property will be used for low-income

7 housing opportunities through the construction, rehabilitation, or

8 refurbishment of self-help housing, under terms requiring that—

9 (i) subject to subparagraph (B), an individual or family re10 ceiving housing or housing assistance through use of the

11 property shall contribute a significant amount of labor toward

12 the construction, rehabilitation, or refurbishment; and

13 (ii) dwellings constructed, rehabilitated, or refurbished

14 through use of the property shall be quality dwellings that

15 comply with local building and safety codes and standards

16 and shall be available at prices below prevailing market

17 prices.

18 (B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur19 poses of fulfilling self-help requirements under paragraph

20 (3)(A)(i), the Administrator shall ensure that nonprofit organiza21 tions receiving property under paragraph (2) develop and use

22 guidelines to consider any disability (as defined in section 3(2) of

23 the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

24 (4) FIXING VALUE.—

25 (A) IN GENERAL.—In fixing the sale or lease value of property

26 disposed of under paragraph (2), the Secretary of Housing and

27 Urban Development shall take into consideration and discount the

28 value for any benefit which has accrued or may accrue to the Gov29 ernment from the use of the property by the State, political sub30 division or instrumentality, or nonprofit organization.

31 (B) AMOUNT OF DISCOUNT.—The amount of the discount under

32 subparagraph (A) is 75 percent of the market value of the prop33 erty, except that the Secretary of Housing and Urban Develop34 ment may discount by a greater percentage if the Secretary, in

35 consultation with the Administrator, determines that a higher per36 centage is justified.

37 (g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—

38 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre39 tion and under regulations that the Administrator may prescribe, may

40 assign to the Chief Executive Officer of the Corporation for National
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1 and Community Service for disposal surplus property that the Chief

2 Executive Officer recommends as needed for national service activities.

3 (2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad4 ministrator within 30 days after notice to the Administrator by the

5 Chief Executive Officer of a proposed transfer, the Chief Executive Of6 ficer, for national service activities, may sell, lease, or donate property

7 assigned to the Chief Executive Officer under paragraph (1) to an enti8 ty that receives financial assistance under the National and Community

9 Service Act of 1990 (42 U.S.C. 12501 et seq.).

10 (3) FIXING VALUE.—In fixing the sale or lease value of property dis11 posed of under paragraph (2), the Chief Executive Officer shall take

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

13 Government from the use of the property by the entity receiving the

14 property.

15 (h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—

16 (1) CONVEYANCE.—

17 (A) IN GENERAL.—Without monetary consideration to the Gov18 ernment, the Administrator may convey to a State, a political sub19 division or instrumentality of a State, or a municipality, the right,

20 title, and interest of the Government in and to any surplus real

21 and related personal property that the Secretary of the Interior

22 determines is suitable and desirable for use as a historic monu23 ment for the benefit of the public.

24 (B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY

25 BOARD.—Property may be determined to be suitable and desirable

26 for use as a historic monument only in conformity with a rec27 ommendation by the National Park System Advisory Board estab28 lished under section 3 of the Act of August 21, 1935 (16 U.S.C.

29 463) (known as the Historic Sites, Buildings, and Antiquities

30 Act). Only the portion of the property that is necessary for the

31 preservation and proper observation of the property’s historic fea32 tures may be determined to be suitable and desirable for use as

33 a historic monument.

34 (2) REVENUE-PRODUCING ACTIVITY.—

35 (A) IN GENERAL.—The Administrator may authorize use of any

36 property conveyed under this subsection for revenue-producing ac37 tivities if the Secretary of the Interior—

38 (i) determines that the activities are compatible with use of

39 the property for historic monument purposes;

40 (ii) approves the grantee’s plan for repair, rehabilitation,

41 restoration, and maintenance of the property;
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1 (iii) approves the grantee’s plan for financing the repair,

2 rehabilitation, restoration, and maintenance of the property;

3 and

4 (iv) examines and approves the accounting and financial

5 procedures used by the grantee.

6 (B) USE OF EXCESS INCOME.—The Secretary of the Interior

7 may approve a grantee’s financial plan only if the plan provides

8 that the grantee shall use income exceeding the cost of repair, re9 habilitation, restoration, and maintenance only for public historic

10 preservation, park, or recreational purposes.

11 (C) AUDITS.—The Secretary of the Interior may periodically

12 audit the records of the grantee that are directly related to the

13 property conveyed.

14 (3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

15 real property disposed of under this subsection—

16 (A) shall provide that all of the property be used and main17 tained for historical monument purposes in perpetuity, and that if

18 the property ceases to be used or maintained for historical monu19 ment purposes, all or any portion of the property shall, in its then

20 existing condition, at the option of the Government, revert to the

21 Government; and

22 (B) may contain additional terms, reservations, restrictions, and

23 conditions the Administrator determines are necessary to safe24 guard the interests of the Government.

25 § 551. Donations to American Red Cross

26 The Administrator of General Services, in the Administrator’s discretion

27 and under regulations that the Administrator may prescribe, may donate to

28 the American National Red Cross for charitable purposes property that the

29 American National Red Cross processed, produced, or donated and that has

30 been determined to be surplus property.

31 § 552. Abandoned or unclaimed property on Government

32 premises

33 (a) AUTHORITY TO TAKE PROPERTYAdministrator of General Services

34 may take possession of abandoned or unclaimed property on premises owned

35 or leased by the Federal Government and determine when title to the prop36 erty vests in the Government. The Administrator may use, transfer, or oth37 erwise dispose of the property.

38 (b) CLAIM FILED BY FORMER OWNER.—If a former owner files a proper

39 claim within three years from the date that title to the property vests in

40 the Government, the former owner shall be paid an amount—
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1 (1) equal to the proceeds realized from the disposition of the prop2 erty less costs incident to care and handling as determined by the Ad3 ministrator; or

4 (2) if the property has been used or transferred, equal to the fair

5 value of the property as of the time title vested in the Government less

6 costs incident to care and handling as determined by the Adminis7 trator.

8 § 553. Property for correctional facility, law enforcement,

9 and emergency management response purposes

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

11 of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the

12 Federated States of Micronesia, the Marshall Islands, Palau, and, the

13 Northern Mariana Islands.

14 (b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of Gen15 eral Services, in the Administrator’s discretion and under regulations that

16 the Administrator may prescribe, may transfer or convey to a State, or po17 litical subdivision or instrumentality of a State, surplus real and related per18 sonal property that—

19 (1) the Attorney General determines is required by the transferee or

20 grantee for correctional facility use under a program approved by the

21 Attorney General for the care or rehabilitation of criminal offenders;

22 (2) the Attorney General determines is required by the transferee or

23 grantee for law enforcement purposes; or

24 (3) the Director of the Federal Emergency Management Agency de25 termines is required by the transferee or grantee for emergency man26 agement response purposes including fire and rescue services.

27 (c) NO MONETARY CONSIDERATION.—A transfer or conveyance under

28 this section shall be made without monetary consideration to the Federal

29 Government.

30 (d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

31 and related personal property disposed of under this section—

32 (1) shall provide that all of the property be used and maintained for

33 the purpose for which it was conveyed in perpetuity, and that if the

34 property ceases to be used or maintained for that purpose, all or any

35 portion of the property shall, in its then existing condition, at the op36 tion of the Government, revert to the Government; and

37 (2) may contain additional terms, reservations, restrictions, and con38 ditions that the Administrator determines are necessary to safeguard

39 the interests of the Government.

40 (e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

41 PROPERTY UNDER THIS SECTION.—The Administrator shall determine and
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1 enforce compliance with the terms, conditions, reservations, and restrictions

2 contained in an instrument by which a transfer or conveyance under this

3 section is made. The Administrator shall reform, correct, or amend the in4 strument if necessary to correct the instrument or to conform the transfer

5 to the requirements of law. The Administrator shall grant a release from

6 any term, condition, reservation or restriction contained in the instrument,

7 and shall convey, quitclaim, or release to the transferee (or other eligible

8 user) any right or interest reserved to the Government by the instrument,

9 if the Administrator determines that the property no longer serves the pur10 pose for which it was transferred or that a release, conveyance, or quitclaim

11 deed will not prevent accomplishment of that purpose. The release, convey12 ance, or quitclaim deed may be made subject to terms and conditions that

13 the Administrator considers necessary to protect or advance the interests of

14 the Government.

15 § 554. Property for development or operation of a port facil16 ity

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

18 (1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means the

19 following:

20 (A) Title II of the Defense Authorization Amendments and

21 Base Closure and Realignment Act (Public Law 100–526; 10

22 U.S.C. 2687 note).

23 (B) The Defense Base Closure and Realignment Act of 1990

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

25 note).

26 (C) Section 2687 of title 10.

27 (2) STATE.—The term ‘‘State’’ includes the District of Columbia,

28 Puerto Rico, Guam, American Samoa, the Virgin Islands, the Fed29 erated States of Micronesia, the Marshall Islands, Palau, and the

30 Northern Mariana Islands.

31 (b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR32 TATION.—Under regulations that the Administrator of General Services,

33 after consultation with the Secretary of Defense, may prescribe, the Admin34 istrator, or the Secretary of Defense in the case of property located at a

35 military installation closed or realigned pursuant to a base closure law, may

36 assign to the Secretary of Transportation for disposal surplus real property,

37 including buildings, fixtures, and equipment situated on the property, that

38 the Secretary of Transportation recommends as needed for the development

39 or operation of a port facility.

40 (c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR41 TATION.
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1 (1) IN GENERAL.—Subject to disapproval by the Administrator or

2 the Secretary of Defense within 30 days after notice of a proposed con3 veyance by the Secretary of Transportation, the Secretary of Transpor4 tation, for the development or operation of a port facility, may convey

5 property assigned to the Secretary of Transportation under subsection

6 (b) to a State or political subdivision, municipality, or instrumentality

7 of a State.

8 (2) CONVEYANCE REQUIREMENTS.—A transfer of property may be

9 made under this section only after the Secretary of Transportation

10 has—

11 (A) determined, after consultation with the Secretary of Labor,

12 that the property to be conveyed is located in an area of serious

13 economic disruption;

14 (B) received and, after consultation with the Secretary of Com15 merce, approved an economic development plan submitted by an

16 eligible grantee and based on assured use of the property to be

17 conveyed as part of a necessary economic development program;

18 and

19 (C) transmitted to Congress an explanatory statement that con20 tains information substantially similar to the information con21 tained in statements prepared under section 545(e) of this title.

22 (d) NO MONETARY CONSIDERATION.—A conveyance under this section

23 shall be made without monetary consideration to the Federal Government.

24 (e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

25 and related personal property disposed of under this section shall—

26 (1) provide that all of the property be used and maintained for the

27 purpose for which it was conveyed in perpetuity, and that if the prop28 erty ceases to be used or maintained for that purpose, all or any por29 tion of the property shall, in its then existing condition, at the option

30 of the Government, revert to the Government; and

31 (2) contain additional terms, reservations, restrictions, and condi32 tions that the Secretary of Transportation shall by regulation require

33 to ensure use of the property for the purposes for which it was con34 veyed and to safeguard the interests of the Government.

35 (f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING

36 PROPERTY UNDER THIS SECTION.—The Secretary of Transportation shall

37 determine and enforce compliance with the terms, conditions, reservations,

38 and restrictions contained in an instrument by which a transfer or convey39 ance under this section is made. The Secretary shall reform, correct, or

40 amend the instrument if necessary to correct the instrument or to conform

41 the transfer to the requirements of law. The Secretary shall grant a release
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1 from any term, condition, reservation or restriction contained in the instru2 ment, and shall convey, quitclaim, or release to the grantee any right or in3 terest reserved to the Government by the instrument, if the Secretary deter4 mines that the property no longer serves the purpose for which it was trans5 ferred or that a release, conveyance, or quitclaim deed will not prevent ac6 complishment of that purpose. The release, conveyance, or quitclaim deed

7 may be made subject to terms and conditions that the Secretary considers

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

9 § 555. Donation of law enforcement canines to handlers

10 The head of a federal agency having control of a canine that has been

11 used by a federal agency in the performance of law enforcement duties and

12 that has been determined by the agency to be no longer needed for official

13 purposes may donate the canine to an individual who has experience han14 dling canines in the performance of those duties.

15 § 556. Disposal of dredge vessels

16 (a) IN GENERAL.—The Administrator of General Services, pursuant to

17 sections 521 through 527, 529, and 549 of this title, may dispose of a

18 United States Army Corps of Engineers vessel used for dredging, together

19 with related equipment owned by the Federal Government and under the

20 control of the Chief of Engineers, if the Secretary of the Army declares the

21 vessel to be in excess of federal needs.

22 (b) RECIPIENTS AND PURPOSES.—Disposal under this section is

23 accomplished—

24 (1) through sale or lease to—

25 (A) a foreign government as part of a Corps of Engineers tech26 nical assistance program;

27 (B) a federal or state maritime academy for training purposes;

28 or

29 (C) a non-federal public body for scientific, educational, or cul30 tural purposes; or

31 (2) through sale solely for scrap to foreign or domestic interests.

32 (c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall

33 not be disposed of under any law for the purpose of engaging in dredging

34 activities within the United States.

35 (d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the

36 sale or lease of a vessel or equipment under this section shall be deposited

37 into the revolving fund authorized by section 101 (9th par.) of the Civil

38 Functions Appropriation Act, 1954 (33 U.S.C. 576), to be available, as pro39 vided in appropriation laws, for the operation and maintenance of vessels

40 under the control of the Corps of Engineers.
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1 § 557. Donation of books to Free Public Library

2 Subject to regulations under this subtitle, a book that is no longer needed

3 by an executive department, bureau, or commission of the Federal Govern4 ment, and that is not an advisable addition to the Library of Congress, shall

5 be turned over to the Free Public Library of the District of Columbia for

6 general use if the book is appropriate for the Free Public Library.

7 § 558. Donation of forfeited vessels

8 (a) IN GENERAL.—A vessel that is forfeited to the Federal Government

9 may be donated, in accordance with procedures under this subtitle, to an

10 eligible institution described in subsection (b).

11 (b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub12 section (a) is an educational institution with a commercial fishing vessel

13 safety program or other vessel safety, education and training program. The

14 institution must certify to the federal officer making the donation that the

15 program includes, at a minimum, all of the following courses in vessel safe16 ty:

17 (1) Vessel stability.

18 (2) Firefighting.

19 (3) Shipboard first aid.

20 (4) Marine safety and survival.

21 (5) Seamanship rules of the road.

22 (c) TERMS AND CONDITIONS.—The donation of a vessel under this sec23 tion shall be made on terms and conditions considered appropriate by the

24 federal officer making the donation. All of the following terms and condi25 tions are required:

26 (1) NO WARRANTY.—The institution must accept the vessel as is,

27 where it is, and without warranty of any kind and without any rep28 resentation as to its condition or suitability for use.

29 (2) MAINTENANCE.—The institution is responsible for maintaining

30 the vessel.

31 (3) INSTRUCTION ONLY.—The vessel may be used only for instruct32 ing students in a vessel safety education and training program.

33 (4) DOCUMENTATION.—If the vessel is eligible to be documented, it

34 must be documented by the institution as a vessel of the United States

35 under chapter 121 of title 46. The requirements of paragraph (5) must

36 be noted on the permanent record of the vessel.

37 (5) DISPOSAL.—The institution must obtain prior approval from the

38 Administrator of General Services before disposing of the vessel and

39 any proceeds from disposal shall be payable to the Government.
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1 (6) INSPECTION OR REGULATION.—The vessel shall be inspected or

2 regulated in the same manner as a nautical school vessel under chapter

3 33 of title 46.

4 (d) GOVERNMENT LIABILITY.—The Government is not liable in an action

5 arising out of the transfer or use of a vessel transferred under this section.

6 § 559. Advice of Attorney General with respect to antitrust

7 law

8 (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—

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

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

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

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

13 (b) ADVICE REQUIRED.—

14 (1) IN GENERAL.—An executive agency shall not dispose of property

15 to a private interest until the agency has received the advice of the At16 torney General on whether the disposal to a private interest would tend

17 to create or maintain a situation inconsistent with antitrust law.

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

19 (A) real property, if the estimated fair market value is less than

20 $3,000,000; or

21 (B) personal property (other than a patent, process, technique,

22 or invention), if the estimated fair market value is less than

23 $3,000,000.

24 (c) NOTICE TO ATTORNEY GENERAL.—

25 (1) IN GENERAL.—An executive agency that contemplates disposing

26 of property to a private interest shall promptly transmit notice of the

27 proposed disposal, including probable terms and conditions, to the At28 torney General.

29 (2) COPY.—Except for the General Services Administration, an exec30 utive agency that transmits notice under paragraph (1) shall simulta31 neously transmit a copy of the notice to the Administrator of General

32 Services.

33 (d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not

34 later than 60 days, after receipt of notice under subsection (c), the Attorney

35 General shall advise the Administrator and any interested executive agency

36 whether, so far as the Attorney General can determine, the proposed dis37 position would tend to create or maintain a situation inconsistent with anti38 trust law.

39 (e) REQUEST FOR INFORMATION.—On request from the Attorney Gen40 eral, the head of an executive agency shall furnish information the agency
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1 possesses that the Attorney General determines is appropriate or necessary

2 to—

3 (1) give advice required by this section; or

4 (2) determine whether any other disposition or proposed disposition

5 of surplus property violates antitrust law.

6 (f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,

7 amend, or modify antitrust law or limit or prevent application of antitrust

8 law to a person acquiring property under this subtitle.

9 SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

10 § 571. General rules for deposit and use of proceeds

11 (a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—

12 (1) IN GENERAL.—Except as otherwise provided in this subchapter,

13 proceeds described in paragraph (2) shall be deposited in the Treasury

14 as miscellaneous receipts.

15 (2) PROCEEDS.—The proceeds referred to in paragraph (1) are pro16 ceeds under this chapter from a—

17 (A) transfer of excess property to a federal agency for agency

18 use; or

19 (B) sale, lease, or other disposition of surplus property.

20 (b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to

21 regulations under this subtitle, the expenses of the sale of old material, con22 demned stores, supplies, or other public property may be paid from the pro23 ceeds of sale so that only the net proceeds are deposited in the Treasury.

24 This subsection applies whether proceeds are deposited as miscellaneous re25 ceipts or to the credit of an appropriation as authorized by law.

26 § 572. Real property

27 (a) IN GENERAL.—

28 (1) SEPARATE FUND.—Except as provided in subsection (b), pro29 ceeds of the disposition of surplus real and related personal property

30 by the Administrator of General Services shall be set aside in a sepa31 rate fund in the Treasury.

32 (2) PAYMENT OF EXPENSES FROM THE FUND.—

33 (A) AUTHORITY.—From the fund described in paragraph (1),

34 the Administrator may obligate an amount to pay the following di35 rect expenses incurred for the use of excess property and the dis36 posal of surplus property under this subtitle:

37 (i) Fees of appraisers, auctioneers, and realty brokers, in

38 accordance with the scale customarily paid in similar commer39 cial transactions.

40 (ii) Costs of environmental and historic preservation serv41 ices.
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1 (iii) Advertising and surveying.

2 (B) LIMITATIONS.—

3 (i) PERCENTAGE LIMITATION.—In each fiscal year, no

4 more than 12 percent of the proceeds of all dispositions of

5 surplus real and related personal property may be paid to

6 meet direct expenses incurred in connection with the disposi7 tions.

8 (ii) DETERMINATION OF MAXIMUM AMOUNT.—The Director

9 of the Office of Management and Budget each quarter shall

10 determine the maximum amount that may be obligated under

11 this paragraph.

12 (C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount obli13 gated under this paragraph may be used to pay an expense di14 rectly or to reimburse a fund or appropriation that initially paid

15 the expense.

16 (3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once each

17 year, excess amounts beyond current operating needs shall be trans18 ferred from the fund described in paragraph (1) to miscellaneous re19 ceipts.

20 (4) REPORT.—A report of receipts, disbursements, and transfers to

21 miscellaneous receipts under this subsection shall be made annually, in

22 connection with the budget estimate, to the Director and to Congress.

23 (b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPARTMENT.—

24 (1) DEFINITIONS.—In this subsection, the following definitions

25 apply:

26 (A) MILITARY INSTALLATION.—The term ‘‘military installation’’

27 has the meaning given that term in section 2687(e)(1) of title 10.

28 (B) BASE CLOSURE LAW.—The term ‘‘base closure law’’ has the

29 meaning given that term in section 2667(h)(2) of title 10.

30 (2) APPLICATION.—

31 (A) IN GENERAL.—This subsection applies to real property, in32 cluding any improvement on the property, that is under the con33 trol of a military department and that the Secretary of the depart34 ment determines is excess to the department’s needs.

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

36 (i) damaged or deteriorated military family housing facili37 ties conveyed under section 2854a of title 10; or

38 (ii) property at a military installation designated for clo39 sure or realignment pursuant to a base closure law.

40 (3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Secretary

41 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) In the case of property located at a military installation

19 that is closed, the amount is available for facility maintenance

20 and repair or environmental restoration by the military de21 partment that had jurisdiction over the property before the

22 closure of the military installation.

23 (ii) In the case of property located at any other military

24 installation—

25 (I) 50 percent of the amount is available for facility

26 maintenance and repair or environmental restoration at

27 the military installation where the property was located

28 before it was disposed of or transferred; and

29 (II) 50 percent of the amount is available for facility

30 maintenance and repair and for environmental restora31 tion by the military department that had jurisdiction

32 over the property before it was disposed of or trans33 ferred.

34 (6) REPORT.—As part of the annual request for authorizations of

35 appropriations to the Committees on Armed Services of the Senate and

36 the House of Representatives, the Secretary of Defense shall include

37 an accounting of each transfer and disposal made in accordance with

38 this subsection during the fiscal year preceding the fiscal year in which

39 the request is made. The accounting shall include a detailed expla40 nation of each transfer and disposal and of the use of the proceeds re41 ceived from it by the Department of Defense.
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1 § 573. Personal property

2 The Administrator of General Services may retain from the proceeds of

3 sales of personal property the Administrator conducts amounts necessary to

4 recover, to the extent practicable, costs the Administrator (or the Adminis5 trator’s agent) incurs in conducting the sales. The Administrator shall de6 posit amounts retained into the General Supply Fund established under sec7 tion 321(a) of this title. From the amounts deposited, the Administrator

8 may pay direct costs and reasonably related indirect costs incurred in con9 ducting sales of personal property. At least once each year, amounts re10 tained that are not needed to pay the direct and indirect costs shall be

11 transferred from the General Supply Fund to the general fund or another

12 appropriate account in the Treasury.

13 § 574. Other rules regarding proceeds

14 (a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.—

15 (1) APPLICATION.—This subsection applies to property acquired with

16 amounts—

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

18 (B) appropriated from the general fund of the Treasury but by

19 law reimbursable from assessment, tax, or other revenue or re20 ceipts.

21 (2) IN GENERAL.—The net proceeds of a disposition or transfer of

22 property described in paragraph (1) shall be—

23 (A) credited to the applicable reimbursable fund or appropria24 tion; or

25 (B) paid to the federal agency that determined the property to

26 be excess.

27 (3) CALCULATION OF NET PROCEEDS.—For purposes of this sub28 section, the net proceeds of a disposition or transfer of property are

29 the proceeds less all expenses incurred for the disposition or transfer,

30 including care and handling.

31 (4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the

32 agency that determined the property to be excess decides that it is un33 economical or impractical to ascertain the amount of net proceeds, the

34 proceeds shall be credited to miscellaneous receipts.

35 (b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

36 (1) DEPOSITS.—A federal agency that disposes of surplus property

37 under this chapter may deposit, in a special account in the Treasury,

38 amounts of the proceeds of the dispositions that the agency decides are

39 necessary to permit—

40 (A) appropriate refunds to purchasers for dispositions that are

41 rescinded or that do not become final; and
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1 (B) payments for breach of warranty.

2 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a

3 special account under paragraph (1) may withdraw amounts to be re4 funded or paid from the account without regard to the origin of the

5 amounts withdrawn.

6 (c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made by

7 an executive agency, or a subcontract under that contract, authorizes the

8 proceeds of a sale of property in the custody of a contractor or subcon9 tractor to be credited to the price or cost of work covered by the contract

10 or subcontract, then the proceeds of the sale shall be credited in accordance

11 with the contract or subcontract.

12 (d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive agency

13 entitled to receive cash under a contract for the lease, sale, or other disposi14 tion of surplus property may accept property instead of cash if the Presi15 dent determines that the property is strategic or critical material. The prop16 erty is valued at the prevailing market price when the cash payment be17 comes due.

18 (e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposi19 tion of surplus property under this chapter, if credit has been extended, or

20 if the disposition has been by lease or permit, the Administrator of General

21 Services, in a manner and on terms the Administrator determines are in

22 the best interest of the Federal Government—

23 (1) shall administer and manage the credit, lease, or permit, and any

24 security for the credit, lease, or permit; and

25 (2) may enforce, adjust, and settle any right of the Government with

26 respect to the credit, lease, or permit.

27 SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED

28 ACTIVITIES

29 § 581. General authority of Administrator of General Serv30 ices

31 (a) APPLICABILITY.—To the extent that the Administrator of General

32 Services by law, other than this section, may maintain, operate, and protect

33 buildings or property, including the construction, repair, preservation, demo34 lition, furnishing, or equipping of buildings or property, the Administrator,

35 in the discharge of these duties, may exercise authority granted under this

36 section.

37 (b) PERSONNEL AND EQUIPMENT.—The Administrator may—

38 (1) employ and pay personnel at per diem rates approved by the Ad39 ministrator, not exceeding rates currently paid by private industry for

40 similar services in the place where the services are performed;
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1 (2) purchase, repair, and clean uniforms for civilian employees of the

2 General Services Administration who are required by law or regulation

3 to wear uniform clothing; and

4 (3) furnish arms and ammunition for the protection force the Ad5 ministration maintains.

6 (c) ACQUISITION AND MANAGEMENT OF PROPERTY.—

7 (1) REAL ESTATE.—The Administrator may acquire, by purchase,

8 condemnation, or otherwise, real estate and interests in real estate.

9 (2) GROUND RENT.—The Administrator may pay ground rent for

10 buildings owned by the Federal Government or occupied by federal

11 agencies, and pay the rent in advance if required by law or if the Ad12 ministrator determines that advance payment is in the public interest.

13 (3) RENT AND REPAIRS UNDER A LEASE.—The Administrator may

14 pay rent and make repairs, alterations, and improvements under the

15 terms of a lease entered into by, or transferred to, the Administration

16 for the housing of a federal agency.

17 (4) REPAIRS THAT ARE ECONOMICALLY ADVANTAGEOUS.—The Ad18 ministrator may repair, alter, or improve rented premises if the Admin19 istrator determines that doing so is advantageous to the Government

20 in terms of economy, efficiency, or national security. The Administra21 tor’s determination must—

22 (A) set forth the circumstances that make the repair, alteration,

23 or improvement advantageous; and

24 (B) show that the total cost (rental, repair, alteration, and im25 provement) for the expected life of the lease is less than the cost

26 of alternative space not needing repair, alteration, or improvement.

27 (5) INSURANCE PROCEEDS FOR DEFENSE INDUSTRIAL RESERVE.—

28 At the direction of the Secretary of Defense, the Administrator may

29 use insurance proceeds received for damage to property that is part of

30 the Defense Industrial Reserve to repair or restore the property.

31 (6) MAINTENANCE CONTRACTS.—The Administrator may enter into

32 a contract, for a period not exceeding five years, for the inspection,

33 maintenance, and repair of fixed equipment in a federally owned build34 ing.

35 (d) LEASE OF FEDERAL BUILDING SITES.—

36 (1) IN GENERAL.—The Administrator may lease a federal building

37 site or addition, including any improvements, until the site is needed

38 for construction purposes. The lease must be for fair rental value and

39 on other terms and conditions the Administrator considers to be in the

40 public interest pursuant to section 545 of this title.
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1 (2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this sub2 section may be negotiated without public advertising for bids if—

3 (A) the lessee is—

4 (i) the former owner from whom the Government acquired

5 the property; or

6 (ii) the former owner’s tenant in possession; and

7 (B) the lease is negotiated incident to or in connection with the

8 acquisition of the property.

9 (3) DEPOSIT OF RENT.—Rent received under this subsection may be

10 deposited into the Federal Buildings Fund.

11 (e) ASSISTANCE TO THE INAUGURAL COMMITTEE.—The Administrator

12 may provide direct assistance and special services for the Inaugural Com13 mittee (as defined in section 501 of title 36) during an inaugural period

14 in connection with Presidential inaugural operations and functions. Assist15 ance and services under this subsection may include—

16 (1) employment of personal services without regard to chapters 33

17 and 51 and subchapter III of chapter 53 of title 5;

18 (2) providing Government-owned and leased space for personnel and

19 parking;

20 (3) paying overtime to guard and custodial forces;

21 (4) erecting and removing stands and platforms;

22 (5) providing and operating first-aid stations;

23 (6) providing furniture and equipment; and

24 (7) providing other incidental services in the discretion of the Admin25 istrator.

26 (f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS PROP27 ERTY.—The Administrator may—

28 (1) provide utilities and services, if the utilities and services are not

29 provided by other sources, to a person, firm, or corporation occupying

30 or using a plant or portion of a plant that constitutes—

31 (A) any part of the Defense Industrial Reserve pursuant to sec32 tion 2535 of title 10; or

33 (B) surplus real property; and

34 (2) credit an amount received for providing utilities and services

35 under this subsection to an applicable appropriation of the Administra36 tion.

37 (g) OBTAINING PAYMENTS.—The Administrator may—

38 (1) obtain payments, through advances or otherwise, for services,

39 space, quarters, maintenance, repair, or other facilities furnished, on a

40 reimbursable basis, to a federal agency, a mixed-ownership Government
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1 corporation (as defined in chapter 91 of title 31), or the District of

2 Columbia; and

3 (2) credit the payments to the applicable appropriation of the Ad4 ministration.

5 (h) COOPERATIVE USE OF PUBLIC BUILDINGS.—

6 (1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—The

7 Administrator may lease space on a major pedestrian access level,

8 courtyard, or rooftop of a public building to a person, firm, or organi9 zation engaged in commercial, cultural, educational, or recreational ac10 tivity (as defined in section 3306(a) of this title). The Administrator

11 shall establish a rental rate for leased space equivalent to the prevailing

12 commercial rate for comparable space devoted to a similar purpose in

13 the vicinity of the public building. The lease may be negotiated without

14 competitive bids, but shall contain terms and conditions and be nego15 tiated pursuant to procedures that the Administrator considers nec16 essary to promote competition and to protect the public interest.

17 (2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PURPOSES.—

18 The Administrator may make available, on occasion, or lease at a rate

19 and on terms and conditions that the Administrator considers to be in

20 the public interest, an auditorium, meeting room, courtyard, rooftop,

21 or lobby of a public building to a person, firm, or organization engaged

22 in cultural, educational, or recreational activity (as defined in section

23 3306(a) of this title) that will not disrupt the operation of the building.

24 (3) DEPOSIT AND CREDIT OF AMOUNTS RECEIVED.—The Adminis25 trator may deposit into the Federal Buildings Fund an amount re26 ceived under a lease or rental executed pursuant to paragraph (1) or

27 (2). The amount shall be credited to the appropriation from the Fund

28 applicable to the operation of the building.

29 (4) FURNISHING UTILITIES AND MAINTENANCE.—The Administrator

30 may furnish utilities, maintenance, repair, and other services to a per31 son, firm, or organization leasing space pursuant to paragraph (1) or

32 (2). The services may be provided during and outside of regular work33 ing hours of federal agencies.

34 § 582. Management of buildings by Administrator of General

35 Services

36 (a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the re37 quest of a federal agency, a mixed-ownership Government corporation (as

38 defined in chapter 91 of title 31), or the District of Columbia, the Adminis39 trator of General Services may operate, maintain, and protect a building

40 that is owned by the Federal Government (or, in the case of a wholly owned
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1 or mixed-ownership Government corporation, by the corporation) and occu2 pied by the agency or instrumentality making the request.

3 (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MAN4 AGEMENT AND BUDGET.—

5 (1) IN GENERAL.—When the Director of the Office of Management

6 and Budget determines that it is in the interest of economy or effi7 ciency, the Director shall transfer to the Administrator all functions

8 vested in a federal agency with respect to the operation, maintenance,

9 and custody of an office building owned by the Government or a wholly

10 owned Government corporation, or an office building, or part of an of11 fice building, that is occupied by a federal agency under a lease.

12 (2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of func13 tions shall not be made under this subsection for a post-office building,

14 unless the Director determines that the building is not used predomi15 nantly for post-office purposes. The Administrator may delegate func16 tions with respect to a post-office building that are transferred to the

17 Administrator under this subsection only to another officer or employee

18 of the General Services Administration or to the Postmaster General.

19 (3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A trans20 fer of functions shall not be made under this subsection for a building

21 located in a foreign country.

22 (4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A

23 transfer of functions shall not be made under this subsection for a

24 building located on the grounds of a facility of the Department of De25 fense (including a fort, camp, post, arsenal, navy yard, naval training

26 station, airfield, proving ground, military supply depot, or school) un27 less and only to the extent that the Secretary of Defense has issued

28 a permit for use by another agency.

29 (5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—A

30 transfer of functions shall not be made under this subsection for a

31 building that the Director finds to be a part of a group of buildings

32 that are—

33 (A) located in the same vicinity;

34 (B) used wholly or predominantly for the special purposes of the

35 agency with custody of the buildings; and

36 (C) not generally suitable for use by another agency.

37 (6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A transfer

38 of functions shall not be made under this subsection for the Treasury

39 Building, the Bureau of Engraving and Printing Building, the build40 ings occupied by the National Institute of Standards and Technology,
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1 and the buildings under the jurisdiction of the regents of the Smithso2 nian Institution.

3 § 583. Construction of buildings

4 (a) AUTHORITY.—At the request of a federal agency, a mixed-ownership

5 Government corporation (as defined in chapter 91 of title 31), or the Dis6 trict of Columbia, the Administrator of General Services may—

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

8 (2) make or cause to be made (under contract or otherwise) surveys

9 and test borings and prepare plans and specifications for a building or

10 project prior to the Attorney General’s approval of the title to the site;

11 and

12 (3) contract for, and supervise, the construction, development, and

13 equipping of a building or project.

14 (b) TRANSFER OF AMOUNTS.—An amount available to a federal agency

15 or instrumentality for a building or project may be transferred, in advance,

16 to the General Services Administration for purposes the Administrator de17 termines are necessary, including payment of salaries and expenses for pre18 paring plans and specifications and for field supervision.

19 § 584. Assignment and reassignment of space

20 (a) AUTHORITY.—

21 (1) IN GENERAL.—Subject to paragraph (2), the Administrator of

22 General Services may assign or reassign space for an executive agency

23 in any Federal Government-owned or leased building.

24 (2) REQUIREMENTS.—The Administrator’s authority under para25 graph (1) may be exercised only—

26 (A) in accordance with policies and directives the President pre27 scribes under section 121(a) of this title;

28 (B) after consultation with the head of the executive agency af29 fected; and

30 (C) on a determination by the Administrator that the assign31 ment or reassignment is advantageous to the Government in terms

32 of economy, efficiency, or national security.

33 (b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pe34 destrian access level (other than space leased under section 581(h)(1) or (2)

35 of this title), the Administrator shall, where practicable, give priority to fed36 eral activities requiring regular contact with the public. If the space is not

37 available, the Administrator shall provide space with maximum ease of ac38 cess to building entrances.

39 § 585. Lease agreements

40 (a) IN GENERAL.—
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1 (1) AUTHORITY.—The Administrator of General Services may enter

2 into a lease agreement with a person, copartnership, corporation, or

3 other public or private entity for the accommodation of a federal agen4 cy in a building (or improvement) which is in existence or being erected

5 by the lessor to accommodate the federal agency. The Administrator

6 may assign and reassign the leased space to a federal agency.

7 (2) TERMS.—A lease agreement under this subsection shall be on

8 terms the Administrator considers to be in the interest of the Federal

9 Government and necessary for the accommodation of the federal agen10 cy. However, the lease agreement may not bind the Government for

11 more than 20 years and the obligation of amounts for a lease under

12 this subsection is limited to the current fiscal year for which payments

13 are due without regard to section 1341(a)(1)(B) of title 31.

14 (b) SUBLEASE.—

15 (1) APPLICATION.—This subsection applies to rent received if the

16 Administrator—

17 (A) determines that an unexpired portion of a lease of space to

18 the Government is surplus property; and

19 (B) disposes of the property by sublease.

20 (2) USE OF RENT.—Notwithstanding section 571(a) of this title, the

21 Administrator may deposit rent received into the Federal Buildings

22 Fund. The Administrator may defray from the fund any costs nec23 essary to provide services to the Government’s lessee and to pay the

24 rent (not otherwise provided for) on the lease of the space to the Gov25 ernment.

26 (c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV27 ERNMENT LAND.—Amounts made available to the General Services Admin28 istration for the payment of rent may be used to lease space, for a period

29 of not more than 30 years, in buildings erected on land owned by the Gov30 ernment.

31 § 586. Charges for space and services

32 (a) DEFINITION.—In this section, ‘‘space and services’’ means space,

33 services, quarters, maintenance, repair, and other facilities.

34 (b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—

35 (1) IN GENERAL.—The Administrator of General Services shall im36 pose a charge for furnishing space and services.

37 (2) RATES.—The Administrator shall, from time to time, determine

38 the rates to be charged for furnishing space and services and shall pre39 scribe regulations providing for the rates. The rates shall approximate

40 commercial charges for comparable space and services. However, for a

41 building for which the Administrator is responsible for alterations only
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1 (as the term ‘‘alter’’ is defined in section 3301(a) of this title), the

2 rates shall be fixed to recover only the approximate cost incurred in

3 providing alterations.

4 (3) EXEMPTIONS.—The Administrator may exempt anyone from the

5 charges required by this subsection when the Administrator determines

6 that charges would be infeasible or impractical. To the extent an ex7 emption is granted, appropriations to the General Services Administra8 tion are authorized to reimburse the Federal Buildings Fund for any

9 loss of revenue.

10 (c) CHARGES BY EXECUTIVE AGENCIES.—

11 (1) IN GENERAL.—An executive agency, other than the Administra12 tion, may impose a charge for furnishing space and services at rates

13 approved by the Administrator.

14 (2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen15 cy receives under this subsection shall be credited to the appropriation

16 or fund initially charged for providing the space or service. However,

17 amounts in excess of actual operating and maintenance costs shall be

18 credited to miscellaneous receipts unless otherwise provided by law.

19 (d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent

20 payments to the Administration for lease space relating to expansion needs

21 of the agency. Payment rates shall approximate commercial charges for

22 comparable space as provided in subsection (b). Payments shall be deposited

23 into the Federal Buildings Fund. The Administration may use amounts re24 ceived under this subsection, in addition to amounts received as New

25 Obligational Authority, in the Rental of Space activity of the Fund.

26 § 587. Telecommuting and other alternative workplace ar27 rangements

28 (a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’

29 means flexiplace work telecommuting centers.

30 (b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF

31 GENERAL SERVICES.—

32 (1) ESTABLISHMENT.—The Administrator of General Services may

33 acquire space for, establish, and equip telecommuting centers for use

34 in accordance with this subsection.

35 (2) USE.—A telecommuting center may be used by employees of fed36 eral agencies, state and local governments, and the private sector. The

37 Administrator shall give federal employees priority in using a telecom38 muting center. The Administrator may make a telecommuting center

39 available for use by others to the extent it is not fully utilized by fed40 eral employees.
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1 (3) USER FEES.—The Administrator shall charge a user fee for the

2 use of a telecommuting center. The amount of the user fee shall ap3 proximate commercial charges for comparable space and services. How4 ever, the user fee may not be less than necessary to pay the cost of

5 establishing and operating the telecommuting center, including the rea6 sonable cost of renovation and replacement of furniture, fixtures, and

7 equipment.

8 (4) DEPOSIT AND USE OF FEES.—The Administrator may—

9 (A) deposit user fees into the Federal Buildings Fund and use

10 the fees to pay costs incurred in establishing and operating the

11 telecommuting center; and

12 (B) accept and retain income received by the General Services

13 Administration, from federal agencies and non-federal sources, to

14 defray costs directly associated with the functions of telecom15 muting centers.

16 (c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY

17 EXECUTIVE AGENCIES AND OTHERS.—

18 (1) DEFINITION.—In this subsection, the term ‘‘alternative work19 place arrangements’’ includes telecommuting, hoteling, virtual offices,

20 and other distributive work arrangements.

21 (2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering

22 whether to acquire space, quarters, buildings, or other facilities for use

23 by employees, the head of an executive agency shall consider whether

24 needs can be met using alternative workplace arrangements.

25 (3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro26 vide guidance, assistance, and oversight to any person regarding the es27 tablishment and operation of alternative workplace arrangements.

28 (d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING

29 PROGRAMS.—

30 (1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele31 commuting program’’ means a program under which employees of a de32 partment or agency set out in paragraph (2) are permitted to perform

33 all or a portion of their duties at a telecommuting center established

34 under this section or other federal law.

35 (2) MINIMUM FUNDING.—For each of the following departments and

36 agencies, in each fiscal year at least $50,000 of amounts made avail37 able for salaries and expenses is available only for carrying out a

38 flexiplace work telecommuting program:

39 (A) Department of Agriculture.

40 (B) Department of Commerce.

41 (C) Department of Defense.
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1 (D) Department of Education.

2 (E) Department of Energy.

3 (F) Department of Health and Human Services.

4 (G) Department of Housing and Urban Development.

5 (H) Department of the Interior.

6 (I) Department of Justice.

7 (J) Department of Labor.

8 (K) Department of State.

9 (L) Department of Transportation.

10 (M) Department of the Treasury.

11 (N) Department of Veterans Affairs.

12 (O) Environmental Protection Agency.

13 (P) General Services Administration.

14 (Q) Office of Personnel Management.

15 (R) Small Business Administration.

16 (S) Social Security Administration.

17 (T) United States Postal Service.

18 § 588. Movement and supply of office furniture

19 (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a

20 substantial and identifiable segment of space (such as a building, floor, or

21 wing) in a location that the Administrator of General Services controls for

22 purposes of assignment of space.

23 (b) APPLICATION.—This section applies if an agency (or unit of the agen24 cy), moves from one controlled space to another, whether in the same or

25 a different location.

26 (c) MOVING EXISTING FURNITURE.—The furniture and furnishings used

27 by an agency (or organizational unit of the agency) shall be moved only if

28 the Administrator determines, after consultation with the head of the agen29 cy and with due regard for the program activities of the agency, that it

30 would not be more economical and efficient to make suitable replacements

31 available in the new controlled space.

32 (d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter33 mination under subsection (c), suitable furniture and furnishings for the

34 new controlled space shall be provided from stocks under the control of the

35 moving agency or from stocks available to the Administrator, whichever the

36 Administrator determines to be more economical and efficient. However, the

37 same or similar items may not be provided from both sources.

38 (e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and fur39 nishings for a new controlled space are provided from stocks available to

40 the Administrator, the items being provided remain in the control of the Ad41 ministrator.
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1 (f) CONTROL OF FURNITURE NOT MOVED.—

2 (1) IN GENERAL.—If furniture and furnishings for a new controlled

3 space are provided from stocks available to the Administrator, the fur4 niture and furnishings that were previously used by the moving agency

5 (or unit of the agency) pass to the control of the Administrator.

6 (2) REIMBURSEMENT.—

7 (A) IN GENERAL.—Furniture and furnishings passing to the

8 control of the Administrator under this section pass without reim9 bursement.

10 (B) EXCEPTION FOR TRUST FUND.—If furniture and fur11 nishings that were purchased from a trust fund pass to the control

12 of the Administrator under this section, the Administrator shall

13 reimburse the trust fund for the fair market value of the furniture

14 and furnishings.

15 (3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur16 nishings are carried as assets of a revolving or working capital fund

17 at the time they pass to the control of the Administrator under this

18 section, the net book value of the furniture and furnishings shall be

19 written off and the capital of the fund is diminished by the amount

20 of the write-off.

21 § 589. Installation, repair, and replacement of sidewalks

22 (a) IN GENERAL.—An executive agency may install, repair, and replace

23 sidewalks around buildings, installations, property, or grounds that are—

24 (1) under the agency’s control;

25 (2) owned by the Federal Government; and

26 (3) located in a State, the District of Columbia, Puerto Rico, or a

27 territory or possession of the United States.

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

29 (1) reimbursement to a State or political subdivision of a State, the

30 District of Columbia, Puerto Rico, or a territory or possession of the

31 United States; or

32 (2) a means other than reimbursement.

33 (c) REGULATIONS.—Subsection (a) shall be carried out in accordance

34 with regulations the Administrator of General Services prescribes with the

35 approval of the Director of the Office of Management and Budget.

36 (d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for

37 installation, repair, and maintenance, generally, are available to carry out

38 this section.

39 (e) LIABILITY.—This section does not increase or enlarge the tort liability

40 of the Government for injuries to individuals or damages to property.
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1 § 590. Child care

2 (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General

3 Services Administration’s licensing agreements, the Administrator of Gen4 eral Services shall provide guidance, assistance, and oversight to federal

5 agencies for the development of child care centers to provide economical and

6 effective child care for federal workers.

7 (b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—

8 (1) DEFINITIONS.—In this subsection, the following definitions

9 apply:

10 (A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’

11 means an individual or entity that provides or proposes to provide

12 child care services for federal employees.

13 (B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’

14 means an officer or agency of the Federal Government charged

15 with the allotment of space in federal buildings.

16 (2) ALLOTMENT.—A child care provider may be allotted space in a

17 federal building by an allotment officer if—

18 (A) the child care provider applies to the allotment officer in the

19 community or district in which child care services are to be pro20 vided;

21 (B) the space is available; and

22 (C) the allotment officer determines that—

23 (i) the space will be used to provide child care services to

24 children of whom at least 50 percent have one parent or

25 guardian employed by the Government; and

26 (ii) the child care provider will give priority to federal em27 ployees for available child care services in the space.

28 (c) PAYMENT FOR SPACE AND SERVICES.—

29 (1) DEFINITION.—For purposes of this subsection, the term ‘‘serv30 ices’’ includes the providing of lighting, heating, cooling, electricity, of31 fice furniture, office machines and equipment, classroom furnishings

32 and equipment, kitchen appliances, playground equipment, telephone

33 service (including installation of lines and equipment and other ex34 penses associated with telephone services), and security systems (in35 cluding installation and other expenses associated with security sys36 tems), including replacement equipment, as needed.

37 (2) NO CHARGE.—Space allotted under subsection (b) may be pro38 vided without charge for rent or services.

39 (3) REIMBURSEMENT FOR COSTS.—For space allotted under sub40 section (b), if there is an agreement for the payment of costs associated

41 with providing space or services, neither title 31, nor any other law,
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1 prohibits or restricts payment by reimbursement to the miscellaneous

2 receipts or other appropriate account of the Treasury.

3 (d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility

4 in its space, or is a sponsoring agency for a child care facility in other fed5 eral or leased space, the agency or the Administration may—

6 (1) pay accreditation fees, including renewal fees, for the child care

7 facility to be accredited by a nationally recognized early-childhood pro8 fessional organization;

9 (2) pay travel and per diem expenses for representatives of the child

10 care facility to attend the annual Administration child care conference;

11 and

12 (3) enter into a consortium with one or more private entities under

13 which the private entities assist in defraying costs associated with the

14 salaries and benefits for personnel providing services at the facility.

15 (e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec16 tion 1345 of title 31, an agency, department, or instrumentality of the Gov17 ernment that provides or proposes to provide child care services for federal

18 employees may reimburse a federal employee or any individual employed to

19 provide child care services for travel, transportation, and subsistence ex20 penses incurred for training classes, conferences, or other meetings in con21 nection with providing the services. A per diem allowance made under this

22 subsection may not exceed the rate specified in regulations prescribed under

23 section 5707 of title 5.

24 (f) CRIMINAL HISTORY BACKGROUND CHECKS.—

25 (1) DEFINITION.—In this subsection, the term ‘‘executive facility’’

26 means a facility owned or leased by an office or entity within the execu27 tive branch of the Government. The term includes a facility owned or

28 leased by the General Services Administration on behalf of an office or

29 entity within the judicial branch of the Government.

30 (2) IN GENERAL.—All workers in a child care center located in an

31 executive facility shall undergo a criminal history background check as

32 defined in section 231 of the Crime Control Act of 1990 (42 U.S.C.

33 13041).

34 (3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This

35 subsection does not apply to a facility owned by or leased on behalf

36 of an office or entity within the legislative branch of the Government.

37 (g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—

38 (1) DEFINITION.—For purposes of this subsection, the term ‘‘Execu39 tive agency’’ has the meaning given that term in section 105 of title

40 5, but does not include the General Accounting Office.
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1 (2) IN GENERAL.—In accordance with regulations the Office of Per2 sonnel Management prescribes, an Executive agency that provides or

3 proposes to provide child care services for federal employees may use

4 appropriated amounts that are otherwise available for salaries and ex5 penses to provide child care in a federal or leased facility, or through

6 contract, for civilian employees of the agency.

7 (3) AFFORDABILITY.—Amounts used pursuant to paragraph (2)

8 shall be applied to improve the affordability of child care for lower in9 come federal employees using or seeking to use the child care services.

10 (4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts

11 may be paid in advance to licensed or regulated child care providers

12 for services to be rendered during an agreed period.

13 (5) NOTIFICATION.—No amounts made available by law may be used

14 to implement this subsection without advance notice to the Committees

15 on Appropriations of the House of Representatives and the Senate.

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) EXISTENCE.—There is in the Treasury a fund known as the Federal

39 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) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of

35 amounts authorized to be expended from the Fund, the following are

36 deemed to be federally owned buildings:

37 (A) A building constructed pursuant to the purchase contract

38 authority of section 5 of the Public Buildings Amendments of

39 1972 (Public Law 92–313, 86 Stat. 219).

40 (B) A building occupied pursuant to an installment purchase

41 contract.
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1 (C) A building under the control of a department or agency, if

2 alterations of the building are required in connection with moving

3 the department or agency from a former building that is, or will

4 be, under the control of the Administration.

5 (d) ENERGY MANAGEMENT PROGRAMS.—

6 (1) RECEIVING CASH INCENTIVES.—The Administrator may receive

7 amounts from rebates or other cash incentives related to energy savings

8 and shall deposit the amounts in the Fund for use as provided in para9 graph (4).

10 (2) RECEIVING GOODS OR SERVICES.—The Administrator may ac11 cept, from a utility, goods or services that enhance the energy efficiency

12 of federal facilities.

13 (3) ASSIGNMENT OF ENERGY REBATES.—In the administration of

14 real property that the Administrator leases and for which the Adminis15 trator pays utility costs, the Administrator may assign all or a portion

16 of energy rebates to the lessor to underwrite the costs incurred in un17 dertaking energy efficiency improvements in the real property if the

18 payback period for the improvement is at least 2 years less than the

19 remainder of the term of the lease.

20 (4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE21 MENT PROGRAMS.—In addition to amounts appropriated for energy

22 management improvement programs and without regard to subsection

23 (c)(1), the Administrator may obligate for those programs—

24 (A) amounts received and deposited in the Fund under para25 graph (1);

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

27 (C) amounts the Administrator determines are not needed for

28 other authorized projects and that are otherwise available to im29 plement energy efficiency programs.

30 (e) RECYCLING PROGRAMS.—

31 (1) RECEIVING AMOUNTS.—The Administrator may receive amounts

32 from the sale of recycled materials and shall deposit the amounts in

33 the Fund for use as provided in paragraph (2).

34 (2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition

35 to amounts appropriated for such purposes and without regard to sub36 section (c)(1), the Administrator may obligate amounts received and

37 deposited in the Fund under paragraph (1) for programs which—

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

39 and

40 (B) encourage employees to participate in recycling programs by

41 providing financing for child care.
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1 (f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND

2 RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,

3 cash incentives or otherwise, any revenues, collections, or other income re4 lated to energy savings or recycling efforts. Amounts received under this

5 subsection remain in the Fund until expended and remain available for fed6 eral energy management improvement programs, recycling programs, or em7 ployee programs that are authorized by law or that the Administrator con8 siders appropriate. The Administration may use amounts received under

9 this subsection, in addition to amounts received as New Obligational Au10 thority, in activities of the Fund as necessary.

11 § 593. Protection for veterans preference employees

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

13 (1) COVERED SERVICES.—The term ‘‘covered services’’ means any

14 guard, elevator operator, messenger, or custodial services.

15 (2) SHELTERED WORKSHOP.—The term ‘‘sheltered workshop’’

16 means a sheltered workshop employing the severely handicapped under

17 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).

18 (b) IN GENERAL.—Except as provided in subsection (c), amounts made

19 available to the Administration pursuant to section 592 of this title may not

20 be obligated or expended to procure covered services by contract if an em21 ployee who was a permanent veterans preference employee of the Adminis22 tration on November 19, 1995, would be terminated as a result.

23 (c) EXCEPTION.—Amounts made available to the Administration pursu24 ant to section 592 of this title may be obligated and expended to procure

25 covered services by contract with a sheltered workshop or, if sheltered work26 shops decline to contract for the provision of covered services, by competitive

27 contract for a period of no longer than 5 years. When a competitive contract

28 expires, or is terminated for any reason, the Administration shall again offer

29 to procure the covered services by contract with a sheltered workshop before

30 procuring the covered services by competitive contract.

31 SUBCHAPTER VI—MOTOR VEHICLE POOLS AND

32 TRANSPORTATION SYSTEMS

33 § 601. Purposes

34 In order to provide an economical and efficient system for transportation

35 of Federal Government personnel and property consistent with section 101

36 of this title, the purposes of this subchapter are—

37 (1) to establish procedures to ensure safe operation of motor vehicles

38 on Government business;

39 (2) to provide for proper identification of Government motor vehicles;

40 (3) to establish an effective means to limit the use of Government

41 motor vehicles to official purposes;
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1 (4) to reduce the number of Government-owned vehicles to the min2 imum necessary to transact public business; and

3 (5) to provide wherever practicable for centrally operated interagency

4 pools or systems for local transportation of Government personnel and

5 property.

6 § 602. Authority to establish motor vehicle pools and trans7 portation systems

8 (a) IN GENERAL.—Subject to section 603 of this title, and regulations

9 issued under section 603, the Administrator of General Services shall—

10 (1) take over from executive agencies and consolidate, or otherwise

11 acquire, motor vehicles and related equipment and supplies;

12 (2) provide for the establishment, maintenance, and operation (in13 cluding servicing and storage) of motor vehicle pools or systems; and

14 (3) furnish motor vehicles and related services to executive agencies

15 for the transportation of property and passengers.

16 (b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined

17 by the Administrator, motor vehicles and related services may be furnished

18 by providing an agency with—

19 (1) Federal Government-owned motor vehicles;

20 (2) the use of motor vehicles, under rental or other arrangements,

21 through private fleet operators, taxicab companies, or local or interstate

22 common carriers; or

23 (3) both.

24 (c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall,

25 so far as practicable, furnish motor vehicles and related services under this

26 section to any federal agency, mixed-ownership Government corporation (as

27 defined in chapter 91 of title 31), or the District of Columbia, on its re28 quest.

29 § 603. Process for establishing motor vehicle pools and

30 transportation systems

31 (a) DETERMINATION REQUIREMENT.—

32 (1) IN GENERAL.—The Administrator of General Services may carry

33 out section 602 only if the Administrator determines, after consultation

34 with the agencies concerned and with due regard to their program ac35 tivities, that doing so is advantageous to the Federal Government in

36 terms of economy, efficiency, or service.

37 (2) ELEMENTS OF THE DETERMINATION.—A determination under

38 this section must be in writing. For each motor vehicle pool or system,

39 the determination must set forth an analytical justification that

40 includes—
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1 (A) a detailed comparison of estimated costs for present and

2 proposed modes of operation; and

3 (B) a showing that savings can be realized by the establishment,

4 maintenance, and operation of a motor vehicle pool or system.

5 (b) REGULATIONS RELATED TO ESTABLISHMENT.—

6 (1) IN GENERAL.—The President shall prescribe regulations estab7 lishing procedures to carry out section 602 of this title.

8 (2) ELEMENTS OF THE REGULATIONS.—The regulations shall pro9 vide for—

10 (A) adequate notice to an executive agency of any determination

11 that affects the agency or its functions;

12 (B) independent review and decision as directed by the Presi13 dent of any determination disputed by an agency, with the possi14 bility that the decision may include a partial or complete exemp15 tion of the agency from the determination; and

16 (C) enforcement of determinations that become effective under

17 the regulations.

18 (3) EFFECT OF THE REGULATIONS.—A determination under sub19 section (a) is binding on an agency only as provided in regulations

20 issued under this subsection.

21 § 604. Treatment of assets taken over to establish motor ve22 hicle pools and transportation systems

23 (a) REIMBURSEMENT.—

24 (1) REQUIREMENT.—When the Administrator of General Services

25 takes over motor vehicles or related equipment or supplies under sec26 tion 602 of this title, reimbursement is required if the property is taken

27 over from—

28 (A) a Government corporation; or

29 (B) an agency, if the agency acquired the property through un30 reimbursed expenditures made from a revolving or trust fund au31 thorized by law.

32 (2) AMOUNT.—The Administrator shall reimburse a Government cor33 poration, or a fund through which an agency acquired property, by an

34 amount equal to the fair market value of the property. If the Adminis35 trator subsequently returns property of a similar kind under section

36 610 of this title, the Government corporation or the fund shall reim37 burse the Administrator by an amount equal to the fair market value

38 of the property returned.

39 (b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes

40 over motor vehicles or related equipment or supplies under section 602 of

41 this title but reimbursement is not required under subsection (a), the value
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1 of the property taken over, as determined by the Administrator, may be

2 added to the capital of the General Supply Fund. If the Administrator sub3 sequently returns property of a similar kind under section 610 of this title,

4 the value of the property may be deducted from the Fund.

5 § 605. Payment of costs

6 (a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General

7 Supply Fund provided for in section 321 of this title is available for use

8 by or under the direction and control of the Administrator of General Serv9 ices to pay the costs of carrying out section 602 of this title, including the

10 cost of purchasing or renting motor vehicles and related equipment and sup11 plies.

12 (b) SETTING PRICES TO RECOVER COSTS.—

13 (1) IN GENERAL.—The Administrator shall set prices for furnishing

14 motor vehicles and related services under section 602 of this title.

15 Prices shall be set to recover, so far as practicable, all costs of carrying

16 out section 602 of this title.

17 (2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s

18 discretion, prices may include an increment for the estimated replace19 ment cost of motor vehicles and related equipment and supplies. Not20 withstanding section 321(f)(1) of this title, the increment may be re21 tained as a part of the capital of the General Supply Fund but is avail22 able only to replace motor vehicles and related equipment and supplies.

23 (c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re24 lated equipment, and any increment for estimated replacement cost, shall

25 be recovered only through charges for the cost of amortization. Costs shall

26 be determined, and financial reports prepared, in accordance with the ac27 crual accounting method.

28 § 606. Regulations related to operation

29 (a) IN GENERAL.—The Director of the Office of Personnel Management

30 shall prescribe regulations to govern executive agencies in authorizing civil31 ian personnel to operate Federal Government-owned motor vehicles for offi32 cial purposes within the States of the United States, the District of Colum33 bia, Puerto Rico, and the territories and possessions of the United States.

34 (b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe

35 standards of physical fitness for authorized operators. The regulations may

36 require operators and prospective operators to obtain state and local licenses

37 or permits that are required to operate similar vehicles for other than offi38 cial purposes.

39 (c) AGENCY ORDERS.—The head of each executive agency shall issue or40 ders and directives necessary for compliance with the regulations. The or41 ders and directives shall provide for—
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1 (1) periodically testing the physical fitness of operators and prospec2 tive operators; and

3 (2) suspension and revocation of authority to operate.

4 § 607. Records

5 The Administrator of General Services shall maintain an accurate record

6 of the cost of establishing, maintaining, and operating each motor vehicle

7 pool or system established under section 602 of this title.

8 § 608. Scrip, tokens, tickets

9 The Administrator of General Services, in the operation of motor vehicle

10 pools or systems under this subchapter, may provide for the sale and use

11 of scrip, tokens, tickets, and similar devices to collect payment.

12 § 609. Identification of vehicles

13 (a) IN GENERAL.—Under regulations prescribed by the Administrator of

14 General Services, every motor vehicle acquired and used for official purposes

15 within the United States, or the territories or possessions of the United

16 States, by any federal agency or by the District of Columbia shall be con17 spicuously identified by showing, on the vehicle—

18 (1)(A) the full name of the department, establishment, corporation,

19 or agency that uses the vehicle and the service for which the vehicle

20 is used; or

21 (B) a title that readily identifies the department, establishment, cor22 poration, or agency that uses the vehicle and that is descriptive of the

23 service for which the vehicle is used; and

24 (2) the legend ‘‘For official use only’’.

25 (b) EXCEPTIONS.—The regulations prescribed pursuant to this section

26 may provide for exemptions when conspicuous identification would interfere

27 with the purpose for which a vehicle is acquired and used.

28 § 610. Discontinuance of motor vehicle pool or system

29 (a) IN GENERAL.—The Administrator of General Services shall dis30 continue a motor vehicle pool or system if there are no actual savings real31 ized (based on accounting as provided in section 605 of this title) during

32 a reasonable period of not longer than two successive fiscal years.

33 (b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or

34 system is discontinued, the Administrator shall return to each agency in35 volved motor vehicles and related equipment and supplies similar in kind

36 and reasonably comparable in value to any motor vehicles and related equip37 ment and supplies which were previously taken over by the Administrator.

38 § 611. Duty to report violations

39 During the regular course of the duties of the Administrator of General

40 Services, if the Administrator becomes aware of a violation of section 1343,

41 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the con-
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1 version by a Federal Government official or employee of a Government2 owned or leased motor vehicle to the official or employee’s own use or to

3 the use of others, the Administrator shall report the violation to the head

4 of the agency in which the official or employee is employed, for further in5 vestigation and either appropriate disciplinary action under section 1343,

6 1344, or 1349(b) or, if appropriate, referral to the Attorney General for

7 prosecution under section 641.

8 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.

9 § 701. Administrative

10 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre11 scribe policies that the President considers necessary to carry out this chap12 ter. The policies must be consistent with this chapter.

13 (b) EXECUTIVE AGENCY RESPONSIBILITY.—

14 (1) IN GENERAL.—The head of an executive agency that has foreign

15 excess property is responsible for the disposal of the property.

16 (2) CONFORMANCE TO POLICIES.—In carrying out functions under

17 this chapter, the head of an executive agency shall—

18 (A) use the policies prescribed by the President under sub19 section (a) for guidance; and

20 (B) dispose of foreign excess property in a manner that con21 forms to the foreign policy of the United States.

22 (3) DELEGATION OF AUTHORITY.—The head of an executive agency

23 may—

24 (A) delegate authority conferred by this chapter to an official

25 in the agency or to the head of another executive agency; and

26 (B) authorize successive redelegation of authority conferred by

27 this chapter.

28 (4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this

29 chapter, the head of an executive agency may—

30 (A) appoint and fix the pay of personnel in the United States,

31 subject to chapters 33 and 51 and subchapter III of chapter 53

32 of title 5; and

33 (B) appoint personnel outside the States of the United States

34 and the District of Columbia, without regard to chapter 33 of title

35 5.

36 (c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—
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1 (1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of

2 State may use foreign currencies and credits acquired by the United

3 States under section 704(b)(2) of this title—

4 (A) to carry out the Mutual Educational and Cultural Exchange

5 Act of 1961 (22 U.S.C. 2451 et seq.);

6 (B) to carry out the Foreign Service Buildings Act, 1926 (22

7 U.S.C. 292 et seq.); and

8 (C) to pay other governmental expenses payable in local cur9 rencies.

10 (2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di11 rected by the President, the Secretary of State shall continue to per12 form functions under agreements in effect on July 1, 1949, related to

13 the disposal of foreign excess property. The Secretary of State may

14 amend, modify, and renew the agreements. Foreign currencies or cred15 its the Secretary of State acquires under the agreements shall be ad16 ministered in accordance with procedures that the Secretary of the

17 Treasury may establish. Foreign currencies or credits reduced to

18 United States currency must be deposited in the Treasury as miscella19 neous receipts.

20 § 702. Return of foreign excess property to United States

21 (a) IN GENERAL.—Under regulations prescribed pursuant to subsection

22 (b), foreign excess property may be returned to the United States for han23 dling as excess or surplus property under subchapter II of chapter 5 of this

24 title or section 549 or 551 of this title when the head of the executive agen25 cy concerned, or the Administrator of General Services after consultation

26 with the agency head, determines that return of the property to the United

27 States for such handling is in the interest of the United States.

28 (b) REGULATIONS.—The Administrator shall prescribe regulations to

29 carry out this section. The regulations must require that transportation

30 costs for returning foreign excess property to the United States are paid

31 by the federal agency, state agency, or donee receiving the property.

32 § 703. Donation of medical supplies for use in foreign coun33 try

34 (a) APPLICATION.—This section applies to medical materials or supplies

35 that are in a foreign country but that would, if situated within the United

36 States, be available for donation under subchapter III of chapter 5 of this

37 title.

38 (b) IN GENERAL.—An executive agency may donate medical materials or

39 supplies that are not disposed of under section 702 of this title.

40 (c) CONDITIONS.—A donation under this section is subject to the fol41 lowing conditions:
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1 (1) The medical materials and supplies must be donated for use in

2 a foreign country.

3 (2) The donation must be made to a nonprofit medical or health or4 ganization, which may be an organization qualified to receive assistance

5 under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2174(b), 2357).

7 (3) The donation must be made without cost to the donee (except

8 for costs of care and handling).

9 § 704. Other methods of disposal

10 (a) IN GENERAL.—Foreign excess property not disposed of under section

11 702 or 703 of this title may be disposed of as provided in this section.

12 (b) METHODS OF DISPOSAL.—

13 (1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an exec14 utive agency may dispose of foreign excess property by sale, exchange,

15 lease, or transfer, for cash, credit or other property, with or without

16 warranty, under terms and conditions the head of the executive agency

17 considers proper.

18 (2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head

19 of an executive agency determines that it is in the interest of the

20 United States, foreign excess property may be exchanged for—

21 (A) foreign currencies or credits; or

22 (B) substantial benefits or the discharge of claims resulting

23 from the compromise or settlement of claims in accordance with

24 law.

25 (3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an

26 executive agency may authorize the abandonment, destruction, or dona27 tion of foreign excess property if the property has no commercial value

28 or if estimated costs of care and handling exceed the estimated pro29 ceeds from sale.

30 (c) ADVERTISING.—The head of an executive agency may dispose of for31 eign excess property without advertising if the head of the executive agency

32 finds that disposal without advertising is the most practicable and advan33 tageous means for the Federal Government to dispose of the property.

34 (d) TRANSFER OF TITLE.—The head of an executive agency may execute

35 documents to transfer title or other interests in, and take other action nec36 essary or proper to dispose of, foreign excess property.

37 § 705. Handling of proceeds from disposal

38 (a) IN GENERAL.—This section applies to proceeds from the sale, lease,

39 or other disposition of foreign excess property under this chapter.
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1 (b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign

2 currencies or credits, must be administered in accordance with procedures

3 that the Secretary of the Treasury may establish.

4 (c) UNITED STATES CURRENCY.—

5 (1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap6 plies to proceeds of foreign excess property disposed of for United

7 States currency under this chapter.

8 (2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.—Ex9 cept as provided in paragraph (1), proceeds in the form of United

10 States currency, including foreign currencies or credits that are re11 duced to United States currency, must be deposited in the Treasury

12 as miscellaneous receipts.

13 (d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

14 (1) DEPOSITS.—A federal agency that disposes of foreign excess

15 property under this chapter may deposit, in a special account in the

16 Treasury, amounts of the proceeds of the dispositions that the agency

17 decides are necessary to permit—

18 (A) appropriate refunds to purchasers for dispositions that are

19 rescinded or that do not become final; and

20 (B) payments for breach of warranty.

21 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a

22 special account under paragraph (1) may withdraw amounts to be re23 funded or paid from the account without regard to the origin of the

24 amounts withdrawn.

25 CHAPTER 9—URBAN LAND USE

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.

26 § 901. Purpose and policy

27 The purpose of this chapter is to promote harmonious intergovernmental

28 relations and encourage sound planning, zoning, and land use practices by

29 prescribing uniform policies and procedures for the Administrator of Gen30 eral Services to acquire, use, and dispose of land in urban areas. To the

31 greatest extent practicable, urban land transactions entered into for the

32 General Services Administration and other federal agencies shall be con33 sistent with zoning and land use practices and with the planning and devel34 opment objectives of local governments and planning agencies.

35 § 902. Definitions

36 In this chapter, the following definitions apply:
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1 (1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

2 general local government’’ means a city, county, town, parish, village,

3 or other general-purpose political subdivision of a State.

4 (2) URBAN AREA.—The term ‘‘urban area’’ means—

5 (A) a geographical area within the jurisdiction of an incor6 porated city, town, borough, village, or other unit of general local

7 government, except a county or parish, having a population of at

8 least 10,000 inhabitants;

9 (B) that portion of the geographical area within the jurisdiction

10 of a county, town, township, or similar governmental entity which

11 contains no incorporated unit of general local government but has

12 a population density of at least 1,500 inhabitants per square mile;

13 and

14 (C) that portion of a geographical area having a population den15 sity of at least 1,500 inhabitants per square mile and situated ad16 jacent to the boundary of an incorporated unit of general local

17 government which has a population of at least 10,000.

18 § 903. Acquisition and use

19 (a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before

20 making a commitment to acquire real property situated in an urban area,

21 the Administrator of General Services shall give notice of the intended ac22 quisition and the proposed use of the property to the unit of general local

23 government exercising zoning and land use jurisdiction. If the Administrator

24 determines that providing advance notice would adversely impact the acqui25 sition, the Administrator shall give notice of the acquisition and the pro26 posed use of the property immediately after the property is acquired.

27 (b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisi28 tion or change of use of real property situated in an urban area as a site

29 for public building, if the unit of general local government exercising zoning

30 and land use jurisdiction objects on grounds that the proposed acquisition

31 or change of use conflicts with zoning regulations or planning objectives, the

32 Administrator shall, to the extent the Administrator determines is prac33 ticable, consider all the objections and comply with the zoning regulations

34 and planning objectives.

35 § 904. Disposal

36 (a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ37 ated in an urban area for sale, the Administrator of General Services shall

38 give reasonable notice to the unit of general local government exercising

39 zoning and land use jurisdiction in order to provide an opportunity for zon40 ing so that the property is used in accordance with local comprehensive

41 planning described in subsection (c).
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1 (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent

2 practicable, the Administrator shall furnish to all prospective purchasers of

3 real property situated in an urban area complete information concerning—

4 (1) current zoning regulations, prospective zoning requirements, and

5 objectives for property if it is unzoned; and

6 (2)(A) the current availability of streets, sidewalks, sewers, water,

7 street lights, and other service facilities; and

8 (B) the prospective availability of those service facilities if the prop9 erty is included in local comprehensive planning described in subsection

10 (c).

11 (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning

12 referred to in subsections (a) and (b) includes any of the following activities,

13 to the extent the activity is directly related to the needs of a unit of general

14 local government:

15 (1) As a guide for government policy and action, preparing general

16 plans related to—

17 (A) the pattern and intensity of land use;

18 (B) the provision of public facilities (including transportation

19 facilities) and other government services; and

20 (C) the effective development and use of human and natural re21 sources.

22 (2) Preparing long-range physical and fiscal plans for government

23 action.

24 (3) Programming capital improvements and other major expendi25 tures, based on a determination of relative urgency, together with de26 finitive financial planning for expenditures in the earlier years of a pro27 gram.

28 (4) Coordinating related plans and activities of state and local gov29 ernments and agencies.

30 (5) Preparing regulatory and administrative measures to support ac31 tivities described in this subsection.

32 § 905. Waiver

33 The procedures prescribed in sections 903 and 904 of this title may be

34 waived during a period of national emergency proclaimed by the President.

35 CHAPTER 11—SELECTION OF ARCHITECTS AND

36 ENGINEERS

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.
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1 § 1101. Policy

2 The policy of the Federal Government is to publicly announce all require3 ments for architectural and engineering services and to negotiate contracts

4 for architectural and engineering services on the basis of demonstrated com5 petence and qualification for the type of professional services required and

6 at fair and reasonable prices.

7 § 1102. Definitions

8 In this chapter, the following definitions apply:

9 (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a

10 department, agency, or bureau of the Federal Government.

11 (2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘ar12 chitectural and engineering services’’ means—

13 (A) professional services of an architectural or engineering na14 ture, as defined by state law, if applicable, that are required to

15 be performed or approved by a person licensed, registered, or cer16 tified to provide the services described in this paragraph;

17 (B) professional services of an architectural or engineering na18 ture performed by contract that are associated with research, plan19 ning, development, design, construction, alteration, or repair of

20 real property; and

21 (C) other professional services of an architectural or engineering

22 nature, or incidental services, which members of the architectural

23 and engineering professions (and individuals in their employ) may

24 logically or justifiably perform, including studies, investigations,

25 surveying and mapping, tests, evaluations, consultations, com26 prehensive planning, program management, conceptual designs,

27 plans and specifications, value engineering, construction phase

28 services, soils engineering, drawing reviews, preparation of oper29 ating and maintenance manuals, and other related services.

30 (3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,

31 corporation, association, or other legal entity permitted by law to prac32 tice the profession of architecture or engineering.

33 § 1103. Selection procedure

34 (a) IN GENERAL.—These procedures apply to the procurement of archi35 tectural and engineering services by an agency head.

36 (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to

37 submit annually a statement of qualifications and performance data.

38 (c) EVALUATION.—For each proposed project, the agency head shall

39 evaluate current statements of qualifications and performance data on file

40 with the agency, together with statements submitted by other firms regard41 ing the proposed project. The agency head shall conduct discussions with
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1 at least 3 firms to consider anticipated concepts and compare alternative

2 methods for furnishing services.

3 (d) SELECTION.—From the firms with which discussions have been con4 ducted, the agency head shall select, in order of preference, at least 3 firms

5 that the agency head considers most highly qualified to provide the services

6 required. Selection shall be based on criteria established and published by

7 the agency head.

8 § 1104. Negotiation of contract

9 (a) IN GENERAL.—The agency head shall negotiate a contract for archi10 tectural and engineering services at compensation which the agency head de11 termines is fair and reasonable to the Federal Government. In determining

12 fair and reasonable compensation, the agency head shall consider the scope,

13 complexity, professional nature, and estimated value of the services to be

14 rendered.

15 (b) ORDER OF NEGOTIATION.—The agency head shall attempt to nego16 tiate a contract, as provided in subsection (a), with the most highly qualified

17 firm selected under section 1103 of this title. If the agency head is unable

18 to negotiate a satisfactory contract with the firm, the agency head shall for19 mally terminate negotiations and then undertake negotiations with the next

20 most qualified of the selected firms, continuing the process until an agree21 ment is reached. If the agency head is unable to negotiate a satisfactory

22 contract with any of the selected firms, the agency head shall select addi23 tional firms in order of their competence and qualification and continue ne24 gotiations in accordance with this section until an agreement is reached.

25 CHAPTER 13—PUBLIC PROPERTY

Sec.

1301. Charge of property transferred to the Federal Government.

1302. Lease of buildings.

1303. Disposition of surplus real property.

1304. Transfer of federal property to States.

1305. Disposition of land acquired by devise.

1306. Disposition of abandoned or forfeited personal property.

1307. Disposition of securities.

1308. Disposition of unfit horses and mules.

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

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

1311. Authority of President to obtain release.

1312. Release of real estate in certain cases.

1313. Releasing property from attachment.

1314. Easements.

1315. Special police.

26 § 1301. Charge of property transferred to the Federal Gov27 ernment

28 (a) IN GENERAL.—Except as provided in subsection (b), the Adminis29 trator of General Services shall have charge of—

30 (1) all land and other property which has been or may be assigned,

31 set off, or conveyed to the Federal Government in payment of debts;
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1 (2) all trusts created for the use of the Government in payment of

2 debts due the Government; and

3 (3) the sale and disposal of land—

4 (A) assigned or set off to the Government in payment of debt;

5 or

6 (B) vested in the Government by mortgage or other security for

7 the payment of debts.

8 (b) NONAPPLICATION.—This section does not apply to—

9 (1) real estate which has been or shall be assigned, set off, or con10 veyed to the Government in payment of debts arising under the Inter11 nal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or

12 (2) trusts created for the use of the Government in payment of debts

13 arising under the Code and due the Government.

14 § 1302. Lease of buildings

15 Except as otherwise specifically provided by law, the leasing of buildings

16 and property of the Federal Government shall be for a money consideration

17 only. The lease may not include any provision for the alteration, repair, or

18 improvement of the buildings or property as a part of the consideration for

19 the rent to be paid for the use and occupation of the buildings or property.

20 Money derived from the rent shall be deposited in the Treasury as miscella21 neous receipts.

22 § 1303. Disposition of surplus real property

23 (a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an

24 executive department, independent establishment, commission, board, bu25 reau, division, or office in the executive branch, or other agency of the Fed26 eral Government, including wholly owned Government corporations.

27 (b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—

28 (1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec29 ommendation of the Administrator of General Services, or the federal

30 agency having control of any real property the agency acquires that is

31 located outside of the District of Columbia, other than military or naval

32 reservations, declares the property to be surplus to the needs of the

33 agency, the Administrator—

34 (A) may assign space in the property to any federal agency;

35 (B) pending a sale, may lease the property for not more than

36 5 years and on terms the Administrator considers to be in the

37 public interest; or

38 (C) may sell the property at public sale to the highest respon39 sible bidder on terms and after public advertisement that the Ad40 ministrator considers to be in the public interest.
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1 (2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency

2 to which space is assigned does not desire to occupy the space, the deci3 sion of the Administrator under paragraph (1)(A) is subject to review

4 by the President.

5 (3) NEGOTIATED SALE.—If no bids which are satisfactory as to price

6 and responsibility of the bidder are received as a result of public adver7 tisement, the Administrator may sell the property by negotiation, on

8 terms as may be considered to be to the best interest of the Govern9 ment, but at a price not less than that bid by the highest responsible

10 bidder.

11 (c) DEMOLITION.—The Administrator may demolish any building de12 clared to be surplus to the needs of the Government under this section on

13 deciding that demolition will be in the best interest of the Government. Be14 fore proceeding with the demolition, the Administrator shall inform the Sec15 retary of the Interior in writing of the Administrator’s intention to demolish

16 the building, and shall not proceed with the demolition until receiving writ17 ten notice from the Secretary that the building is not an historic building

18 of national significance within the meaning of the Act of August 21, 1935

19 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq20 uities Act). If the Secretary does not notify the Administrator of the Sec21 retary’s decision as to whether the building is an historic building of na22 tional significance within 90 days of the receipt of the notice of intention

23 to demolish the building, the Administrator may proceed to demolish the

24 building.

25 (d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When

26 the Administrator, after investigation, decides that real property referred to

27 in subsection (b) should be used for the accommodation of a federal agency,

28 the Administrator may make any repairs or alterations that the Adminis29 trator considers necessary or advisable and may maintain and operate the

30 property.

31 (e) PAYMENT BY FEDERAL AGENCIES.—

32 (1) ASSIGNED REAL PROPERTY.—To the extent that the appropria33 tions of the General Services Administration not otherwise allocated are

34 inadequate for repairs, alterations, maintenance, or operation, the Ad35 ministrator may require each federal agency to which space has been

36 assigned to pay promptly by check to the Administrator out of its ap37 propriation for rent any part of the estimated or actual cost of the re38 pairs, alterations, maintenance, and operation. Payment may be either

39 in advance of, or on or during, occupancy of the space. The Adminis40 trator shall determine and equitably apportion the total amount to be

41 paid among the agencies to whom space has been assigned.
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1 (2) LEASED SPACES.—To the extent that the appropriations of the

2 Administration not otherwise required are inadequate, the Adminis3 trator may require each federal agency to which leased space has been

4 assigned to pay promptly by check to the Administrator out of its avail5 able appropriations any part of the estimated cost of rent, repairs, al6 terations, maintenance, operation, and moving. Payment may be either

7 in advance or during occupancy of the space. When space in a building

8 is occupied by two or more agencies, the Administrator shall determine

9 and equitably apportion rental, operation, and other charges on the

10 basis of the total amount of space leased.

11 (f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be

12 appropriated to cover the costs incident to the sale or lease of real property,

13 or authorized demolition of buildings on the property, declared to be surplus

14 to the needs of any federal agency under this section, and the care, mainte15 nance, and protection of the property, including pay of employees, travel of

16 Government employees, brokers’ fees not in excess of rates paid for similar

17 services in the community where the property is situated, appraisals, photo18 graphs, surveys, evidence of title and perfecting of defective titles, adver19 tising, and telephone and telegraph charges. However, the agency remains

20 responsible for the proper care, maintenance, and protection of the property

21 until the Administrator assumes custody or other disposition of the property

22 is made.

23 (g) REGULATIONS.—The Administrator may prescribe regulations as nec24 essary to carry out this section.

25 § 1304. Transfer of federal property to States

26 (a) OBSOLETE BUILDINGS AND SITES.—

27 (1) IN GENERAL.—The Administrator of General Services, in the Ad28 ministrator’s discretion, on terms the Administrator considers proper,

29 and under regulations the Administrator may prescribe, may sell prop30 erty described in paragraph (2) to a State or a political subdivision of

31 a State for public use if the Administrator considers the sale to be in

32 the best interest of the Federal Government.

33 (2) APPLICABLE PROPERTY.—The property referred to in paragraph

34 (1) is any federal building, building site, or part of a building site

35 under the Administrator’s control that has been replaced by a new

36 structure and that the Administrator determines is no longer needed

37 by the Government.

38 (3) PRICE.—The purchase price for a sale under this section must

39 be at least 50 percent of the value of the land as appraised by the Ad40 ministrator.
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1 (4) PROCEEDS OF SALE.—The proceeds of a sale under this section

2 shall be deposited in the Treasury as miscellaneous receipts.

3 (5) PAYMENT TERMS.—The Administrator may enter into a long

4 term contract for the payment of the purchase price in installments

5 that the Administrator considers fair and reasonable. The Adminis6 trator may waive any requirement for interest charges on deferred pay7 ment.

8 (6) CONVEYANCE.—The Administrator may convey property sold

9 under this section by the usual quitclaim deed.

10 (b) WIDENING OF PUBLIC ROADS.—

11 (1) DEFINITION.—In this subsection, the term ‘‘executive agency’’

12 means an executive department or independent establishment in the ex13 ecutive branch of the Government, including any wholly owned Govern14 ment corporation.

15 (2) IN GENERAL.—When a State or a political subdivision of a State

16 applies for a conveyance or transfer of real property of the Government

17 in connection with an authorized widening of a public highway, street,

18 or alley, the head of the executive agency that controls the affected real

19 property may convey or transfer to the State or political subdivision,

20 with or without consideration, an interest in the real property that the

21 agency head determines is not adverse to the interests of the Govern22 ment. A conveyance or transfer under this subsection is subject to

23 terms and conditions the agency head considers necessary to protect

24 the interests of the Government.

25 (3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An in26 terest in real property which can be transferred to a State or a political

27 subdivision of a State for highway purposes under title 23 may not be

28 conveyed or transferred under this subsection.

29 (4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way

30 over, under, and through public lands and lands in the National Forest

31 System may not be granted under this subsection.

32 § 1305. Disposition of land acquired by devise

33 The General Services Administration may take custody, for disposal as

34 excess property under this subtitle and title III of the Federal Property and

35 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land ac36 quired by the Federal Government by devise.

37 § 1306. Disposition of abandoned or forfeited personal prop38 erty

39 (a) DEFINITIONS.—In this section—

40 (1) AGENCY.—The term ‘‘agency’’ includes any executive depart41 ment, independent establishment, board, commission, bureau, service,
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1 or division of the Federal Government, and any corporation in which

2 the Government owns at least a majority of the stock.

3 (2) PROPERTY.—The term ‘‘property’’ means all personal property,

4 including vessels, vehicles, and aircraft.

5 (b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban6 doned to any agency in a way that vests title to the property in the Govern7 ment may be retained by the agency and devoted to official use only. If the

8 agency does not desire to retain the property, the head of the agency imme9 diately shall notify the Administrator of General Services to that effect, and

10 the Administrator, within a reasonable time, shall—

11 (1) order the agency to deliver the property to another agency that

12 requests the property and that the Administrator believes should be

13 given the property; or

14 (2) order disposal of the property as otherwise provided by law.

15 (c) FORFEITED PROPERTY.—

16 (1) AGENCY RETAINS PROPERTY.—An agency that seizes property

17 that has been forfeited to the Government other than by court decree

18 may retain the property and devote it only to official use instead of

19 disposing of the property as otherwise provided by law if competent au20 thority does not order the property returned to any claimant.

21 (2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agen22 cy does not desire to retain the property, the head of the agency imme23 diately shall notify the Administrator to that effect, and the property—

24 (A) if not ordered by competent authority to be returned to any

25 claimant, or disposed of as otherwise provided by law, shall be de26 livered by the agency, on order of the Administrator given within

27 a reasonable time, to another agency that requests the property

28 and that the Administrator believes should be given the property;

29 or

30 (B) on order of the Administrator given within a reasonable

31 time, shall be disposed of as otherwise provided by law.

32 (d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—

33 (1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun

34 for the forfeiture of any property by court decree, the agency that

35 seized the property immediately shall notify the Administrator and at

36 the same time may file with the Administrator a request for the prop37 erty for its official use.

38 (2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—

39 (A) IN GENERAL.—Before entry of a decree, the Administrator

40 shall apply to the court to order delivery of the property in accord41 ance with this paragraph.
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1 (B) DELIVERY TO SEIZING AGENCY.—If the agency that seized

2 the property files a request for the property under paragraph (1),

3 the Administrator shall apply to the court to order delivery of the

4 property to the agency that seized the property.

5 (C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency

6 that seized the property does not file a request for the property

7 under paragraph (1) but another agency requests the property, the

8 Administrator shall apply to the court to order delivery of the

9 property to the requesting agency if the Administrator believes

10 that the requesting agency should be given the property.

11 (D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLD12 ING.—If application to the court cannot be made under subpara13 graph (B) or (C) and the Administrator believes the property may

14 later become necessary to any agency for official use, the Adminis15 trator shall apply to the court to order delivery of the property to

16 the agency that seized the property, to be retained in its custody.

17 Within a reasonable time, the Administrator shall order the agen18 cy to—

19 (i) deliver the property to another agency that requests the

20 property and that the Administrator believes should be given

21 the property; or

22 (ii) dispose of the property as otherwise provided by law.

23 (3) FORFEITURE DECREED.—If forfeiture is decreed and the prop24 erty is not ordered by competent authority to be returned to any claim25 ant, the court shall order delivery as provided in paragraph (2).

26 (4) WHEN NO APPLICATION MADE.—The court shall dispose of prop27 erty for which no application is made in accordance with law.

28 (e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention

29 or delivery of forfeited or abandoned property under this section is deemed

30 to be a sale of the property for the purpose of laws providing for informer’s

31 fees or remission or mitigation of a forfeiture. Property acquired under this

32 section when no longer needed for official use shall be disposed of in the

33 same manner as other surplus property.

34 (f) PAYMENT OF COSTS RELATED TO PROPERTY.—

35 (1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available

36 to an agency for the purchase, hire, operation, maintenance, and repair

37 of any property is available for—

38 (A) the payment of expenses of operation, maintenance, and re39 pair of property of the same kind the agency receives under this

40 section for official use;

41 (B) the payment of a lien recognized and allowed under law;
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1 (C) the payment of amounts found to be due a person on the

2 authorized remission or mitigation of a forfeiture; and

3 (D) reimbursement of other agencies as provided in paragraph

4 (2).

5 (2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen6 cy that receives property under this section shall pay the cost of haul7 ing, transporting, towing, and storing the property. If the property is

8 later delivered to another agency for official use under this section, the

9 agency to which the property is delivered shall make reimbursement for

10 all of those costs incurred prior to the date the property is delivered.

11 (g) REPORT.—With the approval of the Secretary of the Treasury, the

12 Administrator may require an agency to make a report of all property aban13 doned to it or seized and the disposal of the property.

14 (h) ADMINISTRATIVE.—

15 (1) REGULATIONS.—With the approval of the Secretary, the Admin16 istrator may prescribe regulations necessary to carry out this section.

17 (2) OTHER LAWS NOT REPEALED.—This section does not repeal any

18 other laws relating to the disposition of forfeited or abandoned prop19 erty, except provisions of those laws directly in conflict with this section

20 which were enacted prior to August 27, 1935.

21 (3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC22 TION.—The following classes of property are not subject to allocation

23 under this section, but shall be disposed of in the manner otherwise

24 provided by law:

25 (A) narcotic drugs, as defined in the Controlled Substances Act

26 (21 U.S.C. 801 et seq.).

27 (B) firearms, as defined in section 5845 of the Internal Revenue

28 Code of 1986 (26 U.S.C. 5845).

29 (C) other classes or kinds of property the disposal of which the

30 Administrator, with the approval of the Secretary, may consider

31 in the public interest, and may by regulation provide.

32 § 1307. Disposition of securities

33 The President, or an officer, agent, or agency the President may des34 ignate, may dispose of any securities acquired on behalf of the Federal Gov35 ernment under the provisions of the Transportation Act of 1920 (ch. 91,

36 41 Stat. 456), including any securities acquired as an incident to a case

37 under title 11, under a receivership or reorganization proceeding, by assign38 ment, transfer, substitution, or issuance, or by acquisition of collateral given

39 for the payment of obligations to the Government, or may make arrange40 ments for the extension of the maturity of the securities, in the manner,

41 in amounts, at prices, for cash, securities, or other property or any combina-
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1 tion of cash, securities, or other property, and on terms and conditions the

2 President or designee considers advisable and in the public interest.

3 § 1308. Disposition of unfit horses and mules

4 Subject to applicable regulations under this subtitle and title III of the

5 Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251

6 et seq.), horses and mules belonging to the Federal Government that have

7 become unfit for service may be destroyed or put out to pasture, either on

8 pastures belonging to the Government or those belonging to financially

9 sound and reputable humane organizations whose facilities permit them to

10 care for the horses and mules during the remainder of their natural lives,

11 at no cost to the Government.

12 § 1309. Preservation, sale, or collection of wrecked, aban13 doned, or derelict property

14 The Administrator of General Services may make contracts and provi15 sions for the preservation, sale, or collection of property, or the proceeds

16 of property, which may have been wrecked, been abandoned, or become der17 elict, if the Administrator considers the contracts and provisions to be in

18 the interest of the Federal Government and the property is within the juris19 diction of the United States and should come to the Government. A contract

20 may provide compensation the Administrator considers just and reasonable

21 to any person who gives information about the property or actually pre22 serves, collects, surrenders, or pays over the property. Under each specific

23 agreement for obtaining, preserving, collecting, or receiving property or

24 making property available, the costs or claim chargeable to the Government

25 may not exceed amounts realized and received by the Government.

26 § 1310. Sale of war supplies, land, and buildings

27 (a) IN GENERAL.—The President, through the head of any executive de28 partment and on terms the head of the department considers expedient,

29 may sell to a person, another department of the Federal Government, or

30 the government of a foreign country engaged in war against a country with

31 which the United States is at war—

32 (1) war supplies, material, and equipment;

33 (2) by-products of the war supplies, material, and equipment; and

34 (3) any building, plant, or factory, including the land on which the

35 plant or factory may be situated, acquired since April 6, 1917, for the

36 production of war supplies, materials, and equipment that, during the

37 emergency existing on July 9, 1918, may have been purchased, ac38 quired, or manufactured by the Government.

39 (b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns

40 and ammunition authorized under any law shall be limited to—

41 (1) other departments of the Government;
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1 (2) governments of foreign countries engaged in war against a coun2 try with which the United States is at war; and

3 (3) members of the National Rifle Association and of other recog4 nized associations organized in the United States for the encourage5 ment of small-arms target practice.

6 § 1311. Authority of President to obtain release

7 For the use or benefit of the Federal Government, the President may ob8 tain from an individual or officer to whom land has been or will be conveyed

9 a release of the individual’s or officer’s interest to the Government.

10 § 1312. Release of real estate in certain cases

11 (a) IN GENERAL.—Real estate that has become the property of the Fed12 eral Government in payment of a debt which afterward is fully paid in

13 money and received by the Government may be conveyed by the Adminis14 trator of General Services to the debtor from whom it was taken or to the

15 heirs or devisees of the debtor or the person that they may appoint.

16 (b) NONAPPLICATION.—This section does not apply to real estate the

17 Government acquires in payment of any debt arising under the Internal

18 Revenue Code of 1986 (26 U.S.C. 1 et seq.).

19 § 1313. Releasing property from attachment

20 (a) STIPULATION OF DISCHARGE.—

21 (1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi22 cial proceeding under the laws of a State, district, territory, or posses23 sion of the United States, when property owned or held by the Federal

24 Government, or in which the Government has or claims an interest, is

25 seized, arrested, attached, or held for the security or satisfaction of a

26 claim made against the property, the Attorney General may direct the

27 United States Attorney for the district in which the property is located

28 to enter a stipulation that on discharge of the property from the sei29 zure, arrest, attachment, or proceeding, the person asserting the claim

30 against the property becomes entitled to all the benefits of this section.

31 (2) NONAPPLICATION.—This subsection does not—

32 (A) recognize or concede any right to enforce by seizure, arrest,

33 attachment, or any judicial process a claim against property—

34 (i) of the Government; or

35 (ii) held, owned, or employed by the Government, or by a

36 department of the Government, for a public use; or

37 (B) waive an objection to a proceeding brought to enforce the

38 claim.

39 (b) PAYMENT.—After a discharge, a final judgment which affirms the

40 claim for the security or satisfaction and the right of the person asserting

41 the claim to enforce it against the property, notwithstanding the claims of
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1 the Government, is deemed to be a full and final determination of the rights

2 of the person and entitles the person, as against the Government, to the

3 rights the person would have had if possession of the property had not been

4 changed. When the claim is for the payment of money found to be due,

5 presentation of an authenticated copy of the record of the judgment and

6 proceedings is sufficient evidence to the proper accounting officers for the

7 allowance of the claim, which shall be allowed and paid out of amounts in

8 the Treasury not otherwise appropriated. The amount allowed and paid

9 shall not exceed the value of the interest of the Government in the property.

10 § 1314. Easements

11 (a) DEFINITIONS.—In this section—

12 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an

13 executive department or independent establishment in the executive

14 branch of the Federal Government, including a wholly owned Govern15 ment corporation.

16 (2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop17 erty of the Government’’ excludes—

18 (A) public land (including minerals, vegetative, and other re19 sources) in the United States, including—

20 (i) land reserved or dedicated for national forest purposes;

21 (ii) land the Secretary of the Interior administers or super22 vises in accordance with the Act of August 25, 1916 (16

23 U.S.C. 1, 2, 3, 4) (known as the National Park Service Or24 ganic Act);

25 (iii) Indian-owned trust and restricted land; and

26 (iv) land the Government acquires primarily for fish and

27 wildlife conservation purposes and the Secretary administers;

28 (B) land withdrawn from the public domain primarily under the

29 jurisdiction of the Secretary; and

30 (C) land acquired for national forest purposes.

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

32 the District of Columbia, Puerto Rico, and the territories and posses33 sions of the United States.

34 (b) GRANT OF EASEMENT.—When a State, a political subdivision or

35 agency of a State, or a person applies for the grant of an easement in, over,

36 or on real property of the Government, the executive agency having control

37 of the real property may grant to the applicant, on behalf of the Govern38 ment, an easement that the head of the agency decides will not be adverse

39 to the interests of the Government, subject to reservations, exceptions, limi40 tations, benefits, burdens, terms, or conditions that the head of the agency

41 considers necessary to protect the interests of the Government. The grant
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1 may be made without consideration, or with monetary or other consider2 ation, including an interest in real property.

3 (c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection

4 with the grant of an easement, the executive agency concerned may relin5 quish to the State in which the real property is located legislative jurisdic6 tion that the executive agency considers necessary or desirable. Relinquish7 ment of legislative jurisdiction may be accomplished by filing with the chief

8 executive officer of the State a notice of relinquishment to take effect upon

9 acceptance or by proceeding in the manner that the laws applicable to the

10 State may provide.

11 (d) TERMINATION OF EASEMENT.—

12 (1) WHEN TERMINATION OCCURS.—The instrument granting the

13 easement may provide for termination of any part of the easement if

14 there has been—

15 (A) a failure to comply with a term or condition of the grant;

16 (B) a nonuse of the easement for a consecutive 2-year period

17 for the purpose for which granted; or

18 (C) an abandonment of the easement.

19 (2) NOTICE REQUIRED.—If a termination provision is included, it

20 shall require that written notice of the termination be given to the

21 grantee, or its successors or assigns.

22 (3) EFFECTIVE DATE.—The termination is effective as of the date

23 of the notice.

24 (e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by

25 this section is in addition to, and shall not affect or be subject to, any other

26 law under which an executive agency may grant easements.

27 (f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,

28 under, and through public lands and lands in the National Forest System

29 may not be granted under this section.

30 § 1315. Special police

31 (a) APPOINTMENT.—The Administrator of General Services, or an official

32 of the General Services Administration authorized by the Administrator,

33 may appoint uniformed guards of the Administration as special police with34 out additional compensation for duty in connection with the policing of all

35 buildings and areas owned or occupied by the Federal Government and

36 under the charge and control of the Administrator.

37 (b) POWERS.—Special police appointed under this section have the same

38 powers as sheriffs and constables on property referred to in subsection (a)

39 to enforce laws enacted for the protection of individuals and property, pre40 vent breaches of the peace, suppress affrays or unlawful assemblies, and en41 force regulations prescribed by the Administrator or an official of the Ad-
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1 ministration authorized by the Administrator for property under their juris2 diction. However, the jurisdiction and policing powers of special police do

3 not extend to the service of civil process.

4 (c) DETAIL.—On the application of the head of a department or agency

5 of the Government having property of the Government under its administra6 tion and control, the Administrator or an official of the Administration au7 thorized by the Administrator may detail special police for the protection

8 of the property and, if the Administrator considers it desirable, may extend

9 to the property the applicability of regulations and enforce them as provided

10 in this section.

11 (d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is consid12 ered economical and in the public interest, the Administrator or an official

13 of the Administration authorized by the Administrator may utilize the facili14 ties and services of existing federal law enforcement agencies, and, with the

15 consent of a state or local agency, the facilities and services of state or local

16 law enforcement agencies.

17 (e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an official

18 of the Administration authorized by the Administrator, may empower offi19 cials or employees of the Administration authorized to perform investigative

20 functions to act as nonuniformed special police to protect property under

21 the charge and control of the Administration and to carry firearms, whether

22 on federal property or in travel status. When on real property under the

23 charge and control of the Administration, officials or employees empowered

24 to act as nonuniformed special police have the power to enforce federal laws

25 for the protection of individuals and property and to enforce regulations for

26 that purpose that the Administrator or an official of the Administration au27 thorized by the Administrator prescribes and publishes. The special police

28 may make arrests without warrant for any offense committed on the prop29 erty if the police have reasonable grounds to believe the offense constitutes

30 a felony under the laws of the United States and that the individual to be

31 arrested is guilty of that offense.

32 (f) ADMINISTRATIVE.—The Administrator or an official of the Adminis33 tration authorized by the Administrator may prescribe regulations necessary

34 for the government of the property under their charge and control, and may

35 annex to the regulations reasonable penalties, within the limits prescribed

36 in subsection (g), that will ensure their enforcement. The regulations shall

37 be posted and kept posted in a conspicuous place on the property.

38 (g) PENALTIES.—

39 (1) IN GENERAL.—Except as provided in paragraph (2), a person

40 violating a regulation prescribed under subsection (f) shall be fined

41 under title 18, imprisoned for not more than 30 days, or both.
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1 (2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—

2 (A) DEFINITION.—For purposes of this paragraph, the term

3 ‘‘military traffic regulation’’ means a regulation for the control of

4 vehicular or pedestrian traffic on military installations that the

5 Secretary of Defense prescribes under subsection (f).

6 (B) IN GENERAL.—A person violating a military traffic regula7 tion shall be fined an amount not exceeding the amount of the

8 maximum fine for a similar offense under the criminal or civil law

9 of the State, district, territory, or possession of the United States

10 where the military installation in which the violation occurred is

11 located, imprisoned for not more than 30 days, or both.

12 SUBTITLE II—PUBLIC BUILDINGS AND WORKS

13 PART A—GENERAL

CHAPTER Sec.

31. GENERAL ....................................................................................................... 3101

33. ACQUISITION, CONSTRUCTION, AND ALTERATION ........................... 3301

35. NON-FEDERAL PUBLIC WORKS ............................................................... 3501

37. CONTRACT WORK HOURS AND SAFETY STANDARDS ....................... 3701

14 PART B—UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ................... 5101

15 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

16 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE

17 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

18 PART A—GENERAL

19 CHAPTER 31—GENERAL

SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

Sec.

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

3102. Naming or designating buildings.

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

3104. Furniture for new buildings.

3105. Buildings not to be draped in mourning.

SUBCHAPTER II—ACQUIRING LAND

3111. Approval of sufficiency of title prior to acquisition.

3112. Federal jurisdiction.
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3113. Acquisition by condemnation.

3114. Declaration of taking.

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

3116. Interest as part of just compensation.

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

3118. Right of taking as addition to existing rights.

SUBCHAPTER III—BONDS

3131. Bonds of contractors of public buildings or works.

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

3133. Rights of persons furnishing labor or material.

3134. Waivers for certain contracts.

SUBCHAPTER IV—WAGE RATE REQUIREMENTS

3141. Definitions.

3142. Rate of wages for laborers and mechanics.

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

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

3145. Regulations governing contractors and subcontractors.

3146. Effect on other federal laws.

3147. Suspension of this subchapter during a national emergency.

3148. Application of this subchapter to certain contracts.

SUBCHAPTER V—VOLUNTEER SERVICES

3161. Purpose.

3162. Waiver for individuals who perform volunteer services.

SUBCHAPTER VI—MISCELLANEOUS

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

3172. Extension of state workers’ compensation laws to buildings, works, and property of the

Federal Government.

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

Services Administration.

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

3175. Acceptance of gifts of property.

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

international bodies.

1 SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC

2 BUILDINGS

3 § 3101. Public buildings under control of Administrator of

4 General Services

5 All public buildings outside of the District of Columbia and outside of

6 military reservations purchased or erected out of any appropriation under

7 the control of the Administrator of General Services, and the sites of the

8 public buildings, are under the exclusive jurisdiction and control, and in the

9 custody of, the Administrator. The Administrator may take possession of

10 the buildings and assign and reassign rooms in the buildings to federal offi11 cials, clerks, and employees that the Administrator believes should be fur12 nished with offices or rooms in the buildings.

13 § 3102. Naming or designating buildings

14 The Administrator of General Services may name or otherwise designate

15 any building under the custody and control of the General Services Adminis16 tration, regardless of whether it was previously named by statute.
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1 § 3103. Admission of guide dogs or other service animals ac2 companying individuals with disabilities

3 (a) IN GENERAL.—Guide dogs or other service animals accompanying in4 dividuals with disabilities and especially trained and educated for that pur5 pose shall be admitted to any building or other property owned or controlled

6 by the Federal Government on the same terms and conditions, and subject

7 to the same regulations, as generally govern the admission of the public to

8 the property. The animals are not permitted to run free or roam in a build9 ing or on the property and must be in guiding harness or on leash and

10 under the control of the individual at all times while in a building or on

11 the property.

12 (b) REGULATIONS.—The head of each department or other agency of the

13 Government may prescribe regulations the individual considers necessary in

14 the public interest to carry out this section as it applies to any building or

15 other property subject to the individual’s jurisdiction.

16 § 3104. Furniture for new buildings

17 Furniture for all new public buildings shall be acquired in accordance

18 with plans and specifications approved by the Administrator of General

19 Services.

20 § 3105. Buildings not to be draped in mourning

21 No building owned, or used for public purposes, by the Federal Govern22 ment shall be draped in mourning nor may public money be used for that

23 purpose.

24 SUBCHAPTER II—ACQUIRING LAND

25 § 3111. Approval of sufficiency of title prior to acquisition

26 (a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money may

27 not be expended to purchase land or any interest in land unless the Attor28 ney General gives prior written approval of the sufficiency of the title to

29 the land for the purpose for which the Federal Government is acquiring the

30 property.

31 (b) DELEGATION.—

32 (1) IN GENERAL.—The Attorney General may delegate the responsi33 bility under this section to other departments and agencies of the Gov34 ernment, subject to general supervision by the Attorney General and

35 in accordance with regulations the Attorney General prescribes.

36 (2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department

37 or agency of the Government that has been delegated the responsibility

38 to approve land titles under this section may request the Attorney Gen39 eral to render an opinion as to the validity of the title to any real prop40 erty or interest in the property, or may request the advice or assistance
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1 of the Attorney General in connection with determinations as to the

2 sufficiency of titles.

3 (c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—

4 Except where otherwise authorized by law or provided by contract, the ex5 penses of procuring certificates of titles or other evidences of title as the

6 Attorney General may require may be paid out of the appropriations for the

7 acquisition of land or out of the appropriations made for the contingencies

8 of the acquiring department or agency of the Government.

9 (d) NONAPPLICATION.—This section does not affect any provision of law

10 in effect on September 1, 1970, that is applicable to the acquisition of land

11 or interests in land by the Tennessee Valley Authority.

12 § 3112. Federal jurisdiction

13 (a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that

14 the Federal Government obtain exclusive jurisdiction in the United States

15 over land or an interest in land it acquires.

16 (b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head

17 of a department, agency, or independent establishment of the Government,

18 or other authorized officer of the department, agency, or independent estab19 lishment, considers it desirable, that individual may accept or secure, from

20 the State in which land or an interest in land that is under the immediate

21 jurisdiction, custody, or control of the individual is situated, consent to, or

22 cession of, any jurisdiction over the land or interest not previously obtained.

23 The individual shall indicate acceptance of jurisdiction on behalf of the Gov24 ernment by filing a notice of acceptance with the Governor of the State or

25 in another manner prescribed by the laws of the State where the land is

26 situated.

27 (c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not

28 been accepted until the Government accepts jurisdiction over land as pro29 vided in this section.

30 § 3113. Acquisition by condemnation

31 An officer of the Federal Government authorized to acquire real estate

32 for the erection of a public building or for other public uses may acquire

33 the real estate for the Government by condemnation, under judicial process,

34 when the officer believes that it is necessary or advantageous to the Govern35 ment to do so. The Attorney General, on application of the officer, shall

36 have condemnation proceedings begun within 30 days from receipt of the

37 application at the Department of Justice.

38 § 3114. Declaration of taking

39 (a) FILING AND CONTENT.—In any proceeding in any court of the United

40 States outside of the District of Columbia brought by and in the name of

41 the United States and under the authority of the Federal Government to
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1 acquire land, or an easement or right of way in land, for the public use,

2 the petitioner may file, with the petition or at any time before judgment,

3 a declaration of taking signed by the authority empowered by law to acquire

4 the land described in the petition, declaring that the land is taken for the

5 use of the Government. The declaration of taking shall contain or have an6 nexed to it—

7 (1) a statement of the authority under which, and the public use for

8 which, the land is taken;

9 (2) a description of the land taken that is sufficient to identify the

10 land;

11 (3) a statement of the estate or interest in the land taken for public

12 use;

13 (4) a plan showing the land taken; and

14 (5) a statement of the amount of money estimated by the acquiring

15 authority to be just compensation for the land taken.

16 (b) VESTING OF TITLE.—On filing the declaration of taking and depos17 iting in the court, to the use of the persons entitled to the compensation,

18 the amount of the estimated compensation stated in the declaration—

19 (1) title to the estate or interest specified in the declaration vests

20 in the Government;

21 (2) the land is condemned and taken for the use of the Government;

22 and

23 (3) the right to just compensation for the land vests in the persons

24 entitled to the compensation.

25 (c) COMPENSATION.—

26 (1) DETERMINATION AND AWARD.—Compensation shall be deter27 mined and awarded in the proceeding and established by judgment.

28 The judgment shall include interest, in accordance with section 3116

29 of this title, on the amount finally awarded as the value of the property

30 as of the date of taking and shall be awarded from that date to the

31 date of payment. Interest shall not be allowed on as much of the com32 pensation as has been paid into the court. Amounts paid into the court

33 shall not be charged with commissions or poundage.

34 (2) ORDER TO PAY.—On application of the parties in interest, the

35 court may order that any part of the money deposited in the court be

36 paid immediately for or on account of the compensation to be awarded

37 in the proceeding.

38 (3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is

39 more than the amount of money received by any person entitled to

40 compensation, the court shall enter judgment against the Government

41 for the amount of the deficiency.
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1 (d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the

2 court—

3 (1) may fix the time within which, and the terms on which, the par4 ties in possession shall be required to surrender possession to the peti5 tioner; and

6 (2) may make just and equitable orders in respect of encumbrances,

7 liens, rents, taxes, assessments, insurance, and other charges.

8 (e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or

9 undertaking given in a proceeding does not prevent or delay the vesting of

10 title to land in the Government.

11 § 3115. Irrevocable commitment of Federal Government to

12 pay ultimate award when fixed

13 (a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under sec14 tion 3114 of this title irrevocably committing the Federal Government to

15 the payment of the ultimate award shall not be taken unless the head of

16 the executive department or agency or bureau of the Government empow17 ered to acquire the land believes that the ultimate award probably will be

18 within any limits Congress prescribes on the price to be paid.

19 (b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE

20 COMMITMENT MADE.—When the Government has taken or may take title

21 to real property during a condemnation proceeding and in advance of final

22 judgment in the proceeding and has become irrevocably committed to pay

23 the amount ultimately to be awarded as compensation, and the Attorney

24 General believes that title to the property has been vested in the Govern25 ment or that all persons having an interest in the property have been made

26 parties to the proceeding and will be bound by the final judgment, the Gov27 ernment may expend amounts appropriated for that purpose to demolish ex28 isting structures on the property and to erect public buildings or public

29 works on the property.

30 § 3116. Interest as part of just compensation

31 (a) CALCULATION.—The district court shall calculate interest required to

32 be paid under this subchapter as follows:

33 (1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for

34 which interest is owed is not more than one year, interest shall be cal35 culated from the date of taking at an annual rate equal to the weekly

36 average one-year constant maturity Treasury yield, as published by the

37 Board of Governors of the Federal Reserve System, for the calendar

38 week preceding the date of taking.

39 (2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which

40 interest is owed is more than one year, interest for the first year shall

41 be calculated in accordance with paragraph (1) and interest for each
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1 additional year shall be calculated on the amount by which the award

2 of compensation is more than the deposit referred to in section 3114

3 of this title, plus accrued interest, at an annual rate equal to the week4 ly average one-year constant maturity Treasury yield, as published by

5 the Board of Governors of the Federal Reserve System, for the cal6 endar week preceding the beginning of each additional year.

7 (b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Adminis8 trative Office of the United States Courts shall distribute to all federal

9 courts notice of the rates described in paragraphs (1) and (2) of subsection

10 (a).

11 § 3117. Exclusion of certain property by stipulation of Attor12 ney General

13 In any condemnation proceeding brought by or on behalf of the Federal

14 Government, the Attorney General may stipulate or agree on behalf of the

15 Government to exclude any part of the property, or any interest in the prop16 erty, taken by or on behalf of the Government by a declaration of taking

17 or otherwise.

18 § 3118. Right of taking as addition to existing rights

19 The right to take possession and title in advance of final judgment in

20 condemnation proceedings as provided by section 3114 of this title is in ad21 dition to any right, power, or authority conferred by the laws of the United

22 States or of a State, territory, or possession of the United States under

23 which the proceeding may be conducted, and does not abrogate, limit, or

24 modify that right, power, or authority.

25 SUBCHAPTER III—BONDS

26 § 3131. Bonds of contractors of public buildings or works

27 (a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a

28 person awarded a contract described in subsection (b).

29 (b) TYPE OF BONDS REQUIRED.—Before any contract of more than

30 $100,000 is awarded for the construction, alteration, or repair of any public

31 building or public work of the Federal Government, a person must furnish

32 to the Government the following bonds, which become binding when the con33 tract is awarded:

34 (1) PERFORMANCE BOND.—A performance bond with a surety satis35 factory to the officer awarding the contract, and in an amount the offi36 cer considers adequate, for the protection of the Government.

37 (2) PAYMENT BOND.—A payment bond with a surety satisfactory to

38 the officer for the protection of all persons supplying labor and mate39 rial in carrying out the work provided for in the contract for the use

40 of each person. The amount of the payment bond shall equal the total

41 amount payable by the terms of the contract unless the officer award-
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1 ing the contract determines, in a writing supported by specific findings,

2 that a payment bond in that amount is impractical, in which case the

3 contracting officer shall set the amount of the payment bond. The

4 amount of the payment bond shall not be less than the amount of the

5 performance bond.

6 (c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—

7 (1) IN GENERAL.—Every performance bond required under this sec8 tion specifically shall provide coverage for taxes the Government im9 poses which are collected, deducted, or withheld from wages the con10 tractor pays in carrying out the contract with respect to which the

11 bond is furnished.

12 (2) NOTICE.—The Government shall give the surety on the bond

13 written notice, with respect to any unpaid taxes attributable to any pe14 riod, within 90 days after the date when the contractor files a return

15 for the period, except that notice must be given no later than 180 days

16 from the date when a return for the period was required to be filed

17 under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

18 (3) CIVIL ACTION.—The Government may not bring a civil action on

19 the bond for the taxes—

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

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

22 (d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN23 TRIES.—A contracting officer may waive the requirement of a performance

24 bond and payment bond for work under a contract that is to be performed

25 in a foreign country if the officer finds that it is impracticable for the con26 tractor to furnish the bonds.

27 (e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not

28 limit the authority of a contracting officer to require a performance bond

29 or other security in addition to those, or in cases other than the cases, spec30 ified in subsection (b).

31 § 3132. Alternatives to payment bonds provided by Federal

32 Acquisition Regulation

33 (a) IN GENERAL.—The Federal Acquisition Regulation shall provide al34 ternatives to payment bonds as payment protections for suppliers of labor

35 and materials under contracts referred to in section 3131(a) of this title

36 that are more than $25,000 and not more than $100,000.

37 (b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting offi38 cer for a contract shall—

39 (1) select, from among the payment protections provided for in the

40 Federal Acquisition Regulation pursuant to subsection (a), one or more

41 payment protections which the offeror awarded the contract is to sub-
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1 mit to the Federal Government for the protection of suppliers of labor

2 and materials for the contract; and

3 (2) specify in the solicitation of offers for the contract the payment

4 protections selected.

5 § 3133. Rights of persons furnishing labor or material

6 (a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF

7 BOND.—The department secretary or agency head of the contracting agency

8 shall furnish a certified copy of a payment bond and the contract for which

9 it was given to any person applying for a copy who submits an affidavit

10 that the person has supplied labor or material for work described in the con11 tract and payment for the work has not been made or that the person is

12 being sued on the bond. The copy is prima facie evidence of the contents,

13 execution, and delivery of the original. Applicants shall pay any fees the de14 partment secretary or agency head of the contracting agency fixes to cover

15 the cost of preparing the certified copy.

16 (b) RIGHT TO BRING A CIVIL ACTION.—

17 (1) IN GENERAL.—Every person that has furnished labor or material

18 in carrying out work provided for in a contract for which a payment

19 bond is furnished under section 3131 of this title and that has not been

20 paid in full within 90 days after the day on which the person did or

21 performed the last of the labor or furnished or supplied the material

22 for which the claim is made may bring a civil action on the payment

23 bond for the amount unpaid at the time the civil action is brought and

24 may prosecute the action to final execution and judgment for the

25 amount due.

26 (2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A

27 SUBCONTRACTOR.—A person having a direct contractual relationship

28 with a subcontractor but no contractual relationship, express or im29 plied, with the contractor furnishing the payment bond may bring a

30 civil action on the payment bond on giving written notice to the con31 tractor within 90 days from the date on which the person did or per32 formed the last of the labor or furnished or supplied the last of the

33 material for which the claim is made. The action must state with sub34 stantial accuracy the amount claimed and the name of the party to

35 whom the material was furnished or supplied or for whom the labor

36 was done or performed. The notice shall be served—

37 (A) by any means that provides written, third-party verification

38 of delivery to the contractor at any place the contractor maintains

39 an office or conducts business or at the contractor’s residence; or
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1 (B) in any manner in which the United States marshal of the

2 district in which the public improvement is situated by law may

3 serve summons.

4 (3) VENUE.—A civil action brought under this subsection must be

5 brought—

6 (A) in the name of the United States for the use of the person

7 bringing the action; and

8 (B) in the United States District Court for any district in which

9 the contract was to be performed and executed, regardless of the

10 amount in controversy.

11 (4) PERIOD IN WHICH ACTION MUST BE BROUGHT.—An action

12 brought under this subsection must be brought no later than one year

13 after the day on which the last of the labor was performed or material

14 was supplied by the person bringing the action.

15 (5) LIABILITY OF FEDERAL GOVERNMENT.—The Government is not

16 liable for the payment of any costs or expenses of any civil action

17 brought under this subsection.

18 (c) A waiver of the right to bring a civil action on a payment bond re19 quired under this subchapter is void unless the waiver is—

20 (1) in writing;

21 (2) signed by the person whose right is waived; and

22 (3) executed after the person whose right is waived has furnished

23 labor or material for use in the performance of the contract.

24 § 3134. Waivers for certain contracts

25 (a) MILITARY.—The Secretary of the Army, the Secretary of the Navy,

26 the Secretary of the Air Force, or the Secretary of Transportation may

27 waive this subchapter with respect to cost-plus-a-fixed fee and other cost28 type contracts for the construction, alteration, or repair of any public build29 ing or public work of the Federal Government and with respect to contracts

30 for manufacturing, producing, furnishing, constructing, altering, repairing,

31 processing, or assembling vessels, aircraft, munitions, materiel, or supplies

32 for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of

33 the terms of the contracts as to payment or title.

34 (b) TRANSPORTATION.—The Secretary of Transportation may waive this

35 subchapter with respect to contracts for the construction, alteration, or re36 pair of vessels when the contract is made under sections 1535 and 1536

37 of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),

38 or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),

39 regardless of the terms of the contracts as to payment or title.
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1 SUBCHAPTER IV—WAGE RATE REQUIREMENTS

2 § 3141. Definitions

3 In this subchapter, the following definitions apply:

4 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ has

5 the same meaning that the term ‘‘United States’’ had in the Act of

6 March 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-Bacon

7 Act).

8 (2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND

9 PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage

10 rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—

11 (A) the basic hourly rate of pay; and

12 (B) for medical or hospital care, pensions on retirement or

13 death, compensation for injuries or illness resulting from occupa14 tional activity, or insurance to provide any of the forgoing, for un15 employment benefits, life insurance, disability and sickness insur16 ance, or accident insurance, for vacation and holiday pay, for de17 fraying the costs of apprenticeship or other similar programs, or

18 for other bona fide fringe benefits, but only where the contractor

19 or subcontractor is not required by other federal, state, or local

20 law to provide any of those benefits, the amount of—

21 (i) the rate of contribution irrevocably made by a con22 tractor or subcontractor to a trustee or to a third person

23 under a fund, plan, or program; and

24 (ii) the rate of costs to the contractor or subcontractor that

25 may be reasonably anticipated in providing benefits to labor26 ers and mechanics pursuant to an enforceable commitment to

27 carry out a financially responsible plan or program which was

28 communicated in writing to the laborers and mechanics af29 fected.

30 § 3142. Rate of wages for laborers and mechanics

31 (a) APPLICATION.—The advertised specifications for every contract in ex32 cess of $2,000, to which the Federal Government or the District of Colum33 bia is a party, for construction, alteration, or repair, including painting and

34 decorating, of public buildings and public works of the Government or the

35 District of Columbia that are located in a State or the District of Columbia

36 and which requires or involves the employment of mechanics or laborers

37 shall contain a provision stating the minimum wages to be paid various

38 classes of laborers and mechanics.

39 (b) BASED ON PREVAILING WAGE.—The minimum wages shall be based

40 on the wages the Secretary of Labor determines to be prevailing for the cor41 responding classes of laborers and mechanics employed on projects of a
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1 character similar to the contract work in the civil subdivision of the State

2 in which the work is to be performed, or in the District of Columbia if the

3 work is to be performed there.

4 (c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon

5 the specifications referred to in subsection (a) must contain stipulations

6 that—

7 (1) the contractor or subcontractor shall pay all mechanics and la8 borers employed directly on the site of the work, unconditionally and

9 at least once a week, and without subsequent deduction or rebate on

10 any account, the full amounts accrued at time of payment, computed

11 at wage rates not less than those stated in the advertised specifications,

12 regardless of any contractual relationship which may be alleged to exist

13 between the contractor or subcontractor and the laborers and mechan14 ics;

15 (2) the contractor will post the scale of wages to be paid in a promi16 nent and easily accessible place at the site of the work; and

17 (3) there may be withheld from the contractor so much of accrued

18 payments as the contracting officer considers necessary to pay to labor19 ers and mechanics employed by the contractor or any subcontractor on

20 the work the difference between the rates of wages required by the con21 tract to be paid laborers and mechanics on the work and the rates of

22 wages received by the laborers and mechanics and not refunded to the

23 contractor or subcontractors or their agents.

24 (d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub25 contractor to make payment in accordance with the prevailing wage deter26 minations of the Secretary of Labor, under this subchapter and other laws

27 incorporating this subchapter by reference, may be discharged by making

28 payments in cash, by making contributions described in section

29 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear

30 the costs of a plan or program referred to in section 3141(2)(B)(ii) of this

31 title, or by any combination of payment, contribution, and assumption,

32 where the aggregate of the payments, contributions, and costs is not less

33 than the basic hourly rate of pay plus the amount referred to in section

34 3141(2)(B).

35 (e) OVERTIME PAY.—In determining the overtime pay to which a laborer

36 or mechanic is entitled under any federal law, the regular or basic hourly

37 rate of pay (or other alternative rate on which premium rate of overtime

38 compensation is computed) of the laborer or mechanic is deemed to be the

39 rate computed under section 3141(2)(A) of this title, except that where the

40 amount of payments, contributions, or costs incurred with respect to the la41 borer or mechanic exceeds the applicable prevailing wage, the regular or
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1 basic hourly rate of pay (or other alternative rate) is the amount of pay2 ments, contributions, or costs actually incurred with respect to the laborer

3 or mechanic minus the greater of the amount of contributions or costs of

4 the types described in section 3141(2)(B) of this title actually incurred with

5 respect to the laborer or mechanic or the amount determined under section

6 3141(2)(B) but not actually paid.

7 § 3143. Termination of work on failure to pay agreed wages

8 Every contract within the scope of this subchapter shall contain a provi9 sion that if the contracting officer finds that any laborer or mechanic em10 ployed by the contractor or any subcontractor directly on the site of the

11 work covered by the contract has been or is being paid a rate of wages less

12 than the rate of wages required by the contract to be paid, the Federal Gov13 ernment by written notice to the contractor may terminate the contractor’s

14 right to proceed with the work or the part of the work as to which there

15 has been a failure to pay the required wages. The Government may have

16 the work completed, by contract or otherwise, and the contractor and the

17 contractor’s sureties shall be liable to the Government for any excess costs

18 the Government incurs.

19 § 3144. Authority of Comptroller General to pay wages and

20 list contractors violating contracts

21 (a) PAYMENT OF WAGES.—

22 (1) IN GENERAL.—The Comptroller General shall pay directly to la23 borers and mechanics from any accrued payments withheld under the

24 terms of a contract any wages found to be due laborers and mechanics

25 under this subchapter.

26 (2) RIGHT OF ACTION.—If the accrued payments withheld under the

27 terms of the contract are insufficient to reimburse all the laborers and

28 mechanics who have not been paid the wages required under this sub29 chapter, the laborers and mechanics have the same right to bring a civil

30 action and intervene against the contractor and the contractor’s sure31 ties as is conferred by law on persons furnishing labor or materials.

32 In those proceedings it is not a defense that the laborers and mechan33 ics accepted or agreed to accept less than the required rate of wages

34 or voluntarily made refunds.

35 (b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—

36 (1) IN GENERAL.—The Comptroller General shall distribute to all

37 departments of the Federal Government a list of the names of persons

38 whom the Comptroller General has found to have disregarded their ob39 ligations to employees and subcontractors.

40 (2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be

41 awarded to persons appearing on the list or to any firm, corporation,
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1 partnership, or association in which the persons have an interest until

2 three years have elapsed from the date of publication of the list.

3 § 3145. Regulations governing contractors and subcontrac4 tors

5 (a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg6 ulations for contractors and subcontractors engaged in constructing, car7 rying out, completing, or repairing public buildings, public works, or build8 ings or works that at least partly are financed by a loan or grant from the

9 Federal Government. The regulations shall include a provision that each

10 contractor and subcontractor each week must furnish a statement on the

11 wages paid each employee during the prior week.

12 (b) APPLICATION.—Section 1001 of title 18 applies to the statements.

13 § 3146. Effect on other federal laws

14 This subchapter does not supersede or impair any authority otherwise

15 granted by federal law to provide for the establishment of specific wage

16 rates.

17 § 3147. Suspension of this subchapter during a national

18 emergency

19 The President may suspend the provisions of this subchapter during a na20 tional emergency.

21 § 3148. Application of this subchapter to certain contracts

22 This subchapter applies to a contract authorized by law that is made

23 without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or

24 on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro25 posals, if this subchapter otherwise would apply to the contract.

26 SUBCHAPTER V—VOLUNTEER SERVICES

27 § 3161. Purpose

28 It is the purpose of this subchapter to promote and provide opportunities

29 for individuals who wish to volunteer their services to state or local govern30 ments, public agencies, or nonprofit charitable organizations in the construc31 tion, repair, or alteration (including painting and decorating) of public

32 buildings and public works that at least partly are financed with federal fi33 nancial assistance authorized under certain federal programs and that oth34 erwise might not be possible without the use of volunteers.

35 § 3162. Waiver for individuals who perform volunteer serv36 ices

37 (a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la38 borers and mechanics be paid in accordance with the wage-setting provisions

39 of subchapter IV of this chapter as set forth in the Indian Self-Determina40 tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian

41 Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing
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1 and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does

2 not apply to an individual—

3 (1) who volunteers to perform a service directly to a state or local

4 government, a public agency, or a public or private nonprofit recipient

5 of federal assistance—

6 (A) for civic, charitable, or humanitarian reasons;

7 (B) only for the personal purpose or pleasure of the individual;

8 (C) without promise, expectation, or receipt of compensation for

9 services rendered, except as provided in subsection (b); and

10 (D) freely and without pressure or coercion, direct or implied,

11 from any employer;

12 (2) whose contribution of service is not for the direct or indirect ben13 efit of any contractor otherwise performing or seeking to perform work

14 on the same project for which the individual is volunteering;

15 (3) who is not employed by and does not provide services to a con16 tractor or subcontractor at any time on the federally assisted or in17 sured project for which the individual is volunteering; and

18 (4) who otherwise is not employed by the same public agency or re19 cipient of federal assistance to perform the same type of services as

20 those for which the individual proposes to volunteer.

21 (b) PAYMENTS.—

22 (1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in

23 subsection (a) who are performing services directly to a state or local

24 government or public agency may receive payments of expenses, reason25 able benefits, or a nominal fee only in accordance with regulations the

26 Secretary of Labor prescribes. Volunteers who are performing services

27 directly to a public or private nonprofit entity may not receive those

28 payments.

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 SUBCHAPTER VI—MISCELLANEOUS

13 § 3171. Contract authority when appropriation is for less

14 than full amount

15 Unless specifically directed otherwise, the Administrator of General Serv16 ices may make a contract within the full limit of the cost fixed by Congress

17 for the acquisition of land for sites, or for the enlargement of sites, for pub18 lic buildings, or for the erection, remodeling, extension, alteration, and re19 pairs of public buildings, even though an appropriation is made for only

20 part of the amount necessary to carry out legislation authorizing that pur21 pose.

22 § 3172. Extension of state workers’ compensation laws to

23 buildings, works, and property of the Federal Gov24 ernment

25 (a) AUTHORIZATION OF EXTENSION.—The state authority charged with

26 enforcing and requiring compliance with the state workers’ compensation

27 laws and with the orders, decisions, and awards of the authority may apply

28 the laws to all land and premises in the State which the Federal Govern29 ment owns or holds by deed or act of cession, and to all projects, buildings,

30 constructions, improvements, and property in the State and belonging to the

31 Government, in the same way and to the same extent as if the premises

32 were under the exclusive jurisdiction of the State in which the land, prem33 ises, projects, buildings, constructions, improvements, or property are lo34 cated.

35 (b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government

36 under this section does not relinquish its jurisdiction for any other purpose.

37 (c) NONAPPLICATION.—This section does not modify or amend sub38 chapter I of chapter 81 of title 5.
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1 § 3173. Working capital fund for blueprinting, photostating,

2 and duplicating services in General Services Ad3 ministration

4 (a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for

5 the payment of salaries and other expenses necessary to the operation of

6 a central blue-printing, photostating, and duplicating service.

7 (b) COMPONENTS.—The fund consists of—

8 (1) $50,000 without fiscal year limitation; and

9 (2) reimbursements from available amounts of constituents of the

10 Administrator of General Services, or of any other federal agency for

11 which services are performed, at rates to be determined by the Admin12 istrator on the basis of estimated or actual charges for personal serv13 ices, material, equipment (including maintenance, repair, and deprecia14 tion on existing and new equipment) and other expenses, to ensure con15 tinuous operation.

16 (c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of

17 each fiscal year any excess amount resulting from operation of the service,

18 after adequately providing for the replacement of mechanical and other

19 equipment and for accrued annual leave of employees engaged in this work

20 by the establishment of reserves for those purposes, shall be deposited in

21 the Treasury as miscellaneous receipts.

22 § 3174. Operation of public utility communications services

23 serving governmental activities

24 The Administrator of General Services may provide and operate public

25 utility communications services serving any governmental activity when the

26 services are economical and in the interest of the Federal Government. This

27 section does not apply to communications systems for handling messages of

28 a confidential or secret nature, the operation of cryptographic equipment or

29 transmission of secret, security, or coded messages, or buildings operated

30 or occupied by the United States Postal Service, except on request of the

31 department or agency concerned.

32 § 3175. Acceptance of gifts of property

33 The Administrator of General Services, and the United States Postal

34 Service where that office is concerned, may accept on behalf of the Federal

35 Government unconditional gifts of property in aid of any project or function

36 within their respective jurisdictions.

37 § 3176. Administrator of General Services to furnish serv38 ices in continental United States to international

39 bodies

40 Sections 1535 and 1536 of title 31 are extended so that the Adminis41 trator of General Services, at the request of the Secretary of State, may
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1 furnish services in the continental United States, on a reimbursable basis,

2 to any international body with which the Federal Government is affiliated.

3 CHAPTER 33—ACQUISITION, CONSTRUCTION, AND

4 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.

5 § 3301. Definitions and nonapplication

6 (a) DEFINITIONS.—In this chapter—

7 (1) ALTER.—The term ‘‘alter’’ includes—

8 (A) preliminary planning, engineering, architectural, legal, fis9 cal, and economic investigations and studies, surveys, designs,

10 plans, working drawings, specifications, procedures, and other

11 similar actions necessary for the alteration of a public building;

12 and

13 (B) repairing, remodeling, improving, or extending, or other

14 changes in, a public building.

15 (2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan16 ning, engineering, architectural, legal, fiscal, and economic investiga17 tions and studies, surveys, designs, plans, working drawings, specifica18 tions, procedures, and other similar actions necessary for the construc19 tion of a public building.

20 (3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an ex21 ecutive department or independent establishment in the executive

22 branch of the Federal Government, including—

23 (A) any wholly owned Government corporation;

24 (B) the Central-Bank for Cooperatives and the regional banks

25 for cooperatives;

26 (C) federal land banks;

27 (D) federal intermediate credit banks;

28 (E) the Federal Deposit Insurance Corporation; and

29 (F) the Government National Mortgage Association.

30 (4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu31 tive agency or an establishment in the legislative or judicial branch of
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1 the Government (except the Senate, the House of Representatives, and

2 the Architect of the Capitol and any activities under the direction of

3 the Architect).

4 (5) PUBLIC BUILDING.—The term ‘‘public building’’—

5 (A) means a building, whether for single or multitenant occu6 pancy, and its grounds, approaches, and appurtenances, which is

7 generally suitable for use as office or storage space or both by one

8 or more federal agencies or mixed-ownership Government corpora9 tions;

10 (B) includes—

11 (i) federal office buildings;

12 (ii) post offices;

13 (iii) customhouses;

14 (iv) courthouses;

15 (v) appraisers stores;

16 (vi) border inspection facilities;

17 (vii) warehouses;

18 (viii) record centers;

19 (ix) relocation facilities;

20 (x) telecommuting centers;

21 (xi) similar federal facilities; and

22 (xii) any other buildings or construction projects the inclu23 sion of which the President considers to be justified in the

24 public interest; but

25 (C) does not include a building or construction project described

26 in subparagraphs (A) and (B)—

27 (i) that is on the public domain (including that reserved for

28 national forests and other purposes);

29 (ii) that is on property of the Government in foreign coun30 tries;

31 (iii) that is on Indian and native Eskimo property held in

32 trust by the Government;

33 (iv) that is on land used in connection with federal pro34 grams for agricultural, recreational, and conservation pur35 poses, including research in connection with the programs;

36 (v) that is on or used in connection with river, harbor,

37 flood control, reclamation or power projects, for chemical

38 manufacturing or development projects, or for nuclear pro39 duction, research, or development projects;

40 (vi) that is on or used in connection with housing and resi41 dential projects;
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1 (vii) that is on military installations (including any fort,

2 camp, post, naval training station, airfield, proving ground,

3 military supply depot, military school, or any similar facility

4 of the Department of Defense);

5 (viii) that is on installations of the Department of Veterans

6 Affairs used for hospital or domiciliary purposes; or

7 (ix) the exclusion of which the President considers to be

8 justified in the public interest.

9 (6) UNITED STATES.—The term ‘‘United States’’ includes the States

10 of the United States, the District of Columbia, Puerto Rico, and the

11 territories and possessions of the United States.

12 (b) NONAPPLICATION.—This chapter does not apply to the construction

13 of any public building to which section 241(g) of the Immigration and Na14 tionality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930

15 (19 U.S.C. 68) applies.

16 § 3302. Prohibition on construction of buildings except by

17 Administrator of General Services

18 Only the Administrator of General Services may construct a public build19 ing. The Administrator shall construct a public building in accordance with

20 this chapter.

21 § 3303. Continuing investigation and survey of public build22 ings

23 (a) CONDUCTED BY ADMINISTRATOR.—The Administrator of General

24 Services shall—

25 (1) make a continuing investigation and survey of the public build26 ings needs of the Federal Government so that the Administrator may

27 carry out the duties of the Administrator under this chapter; and

28 (2) submit to Congress prospectuses of proposed projects in accord29 ance with section 3307(a) and (b) of this title.

30 (b) COOPERATION WITH FEDERAL AGENCIES.—

31 (1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the

32 Administrator under this chapter, the Administrator—

33 (A) shall cooperate with all federal agencies in order to keep in34 formed of their needs;

35 (B) shall advise each federal agency of the program with respect

36 to the agency; and

37 (C) may request the cooperation and assistance of each federal

38 agency in carrying out duties under this chapter.

39 (2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall co40 operate with, advise, and assist the Administrator in carrying out the
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1 duties of the Administrator under this chapter as determined necessary

2 by the Administrator to carry out the purposes of this chapter.

3 (c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR4 ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis5 trator undertakes a survey of the public buildings needs of the Government

6 within a geographical area, the Administrator shall request that, within 60

7 days, the Advisory Council on Historic Preservation established by title II

8 of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify

9 any existing buildings in the geographical area that—

10 (1) are of historical, architectural, or cultural significance (as defined

11 in section 3306(a) of this title); and

12 (2) whether or not in need of repair, alteration, or addition, would

13 be suitable for acquisition to meet the public buildings needs of the

14 Government.

15 (d) STANDARD FOR CONSTRUCTION AND ACQUISITION OF PUBLIC

16 BUILDINGS.—In carrying out the duties of the Administrator under this

17 chapter, the Administrator shall provide for the construction and acquisition

18 of public buildings equitably throughout the United States with due regard

19 to the comparative urgency of the need for each particular building. In de20 veloping plans for new buildings, the Administrator shall give due consider21 ation to excellence of architecture and design.

22 § 3304. Acquisition of buildings and sites

23 (a) IN GENERAL.—The Administrator of General Services may acquire,

24 by purchase, condemnation, donation, exchange, or otherwise, any building

25 and its site which the Administrator decides is necessary to carry out the

26 duties of the Administrator under this chapter.

27 (b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—

28 The Administrator may acquire land or an interest in land the Adminis29 trator considers necessary for use as sites, or additions to sites, for public

30 buildings authorized to be constructed or altered under this chapter.

31 (c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any

32 part of a public building is to be used for post office purposes, the Adminis33 trator shall act jointly with the United States Postal Service in selecting the

34 town or city where the building is to be constructed, and in selecting the

35 site in the town or city for the building.

36 (d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE

37 OF REAL PROPERTY.—When the Administrator is to acquire a site under

38 subsection (b), the Administrator, if the Administrator considers it nec39 essary, by public advertisement may solicit proposals for the sale, donation,

40 or exchange of real property to the Federal Government to be used as the

41 site. In selecting a site under subsection (b) the Administrator (with the
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1 concurrence of the United States Postal Service if any part of the public

2 building to be constructed on the site is to be used for post office purposes)

3 may—

4 (1) select the site that the Administrator believes is the most advan5 tageous to the Government, all factors considered; and

6 (2) acquire the site without regard to title III of the Federal Prop7 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

8 § 3305. Construction and alteration of buildings

9 (a) CONSTRUCTION.—

10 (1) REPLACEMENT OF EXISTING BUILDINGS.—When the Adminis11 trator of General Services considers it to be in the best interest of the

12 Federal Government to construct a new public building to take the

13 place of an existing public building, the Administrator may demolish

14 the existing building and use the site on which it is located for the site

15 of the proposed public building. If the Administrator believes that it

16 is more advantageous to construct the public building on a different

17 site in the same city, the Administrator may exchange the building and

18 site, or the site, for another site, or may sell the building and site in

19 accordance with subtitle I of this title and title III of the Federal Prop20 erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

21 (2) SALE OR EXCHANGE OF SITES.—When the Administrator decides

22 that a site acquired for the construction of a public building is not suit23 able for that purpose, the Administrator may exchange the site for an24 other site, or may sell it in accordance with subtitle I of this title and

25 title III of the Federal Property and Administrative Services Act of

26 1949 (41 U.S.C. 251 et seq.).

27 (3) COMMITTEE APPROVAL REQUIRED.—This subsection does not

28 permit the Administrator to use any land as a site for a public building

29 if the project has not been approved in accordance with section 3307

30 of this title.

31 (b) ALTERATION OF BUILDINGS.—

32 (1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The

33 Administrator may—

34 (A) alter any public building; and

35 (B) acquire in accordance with section 3304(b)–(d) of this title

36 land necessary to carry out the alteration.

37 (2) COMMITTEE APPROVAL NOT REQUIRED.—

38 (A) THRESHOLD AMOUNT.—Approval under section 3307 of

39 this title is not required for any alteration and acquisition author40 ized by this subsection for which the estimated maximum cost does

41 not exceed $1,500,000.
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1 (B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu2 ally may adjust the dollar amount referred to in subparagraph (A)

3 to reflect a percentage increase or decrease in construction costs

4 during the prior calendar year, as determined by the composite

5 index of construction costs of the Department of Commerce. Any

6 adjustment shall be expeditiously reported to the Committee on

7 Environment and Public Works of the Senate and the Committee

8 on Transportation and Infrastructure of the House of Representa9 tives.

10 (c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator

11 may carry out any construction or alteration authorized by this chapter by

12 contract if the Administrator considers it to be most advantageous to the

13 Government.

14 § 3306. Accommodating federal agencies

15 (a) DEFINITIONS.—In this section—

16 (1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in17 cludes the operations of restaurants, food stores, craft stores, dry goods

18 stores, financial institutions, and display facilities.

19 (2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes

20 film, dramatic, dance, and musical presentations, and fine art exhibits,

21 whether or not those activities are intended to make a profit.

22 (3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’

23 includes the operations of libraries, schools, day care centers, labora24 tories, and lecture and demonstration facilities.

25 (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—

26 The term ‘‘historical, architectural, or cultural significance’’ includes

27 buildings listed or eligible to be listed on the National Register estab28 lished under section 101 of the National Historic Preservation Act (16

29 U.S.C. 470a).

30 (5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’

31 includes the operations of gymnasiums and related facilities.

32 (6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of

33 general local government’’ means a city, county, town, parish, village,

34 or other general-purpose political subdivision of a State.

35 (b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Admin36 istrator of General Services under sections 581(h), 584(b), 3303(c), and

37 3307(b)(3) and (5) of this title and under any other authority with respect

38 to constructing, operating, maintaining, altering, and otherwise managing or

39 acquiring space necessary to accommodate federal agencies and to accom40 plish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and

41 (5), the Administrator shall—
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1 (1) acquire and utilize space in suitable buildings of historical, archi2 tectural, or cultural significance, unless use of the space would not

3 prove feasible and prudent compared with available alternatives;

4 (2) encourage the location of commercial, cultural, educational, and

5 recreational facilities and activities in public buildings;

6 (3) provide and maintain space, facilities, and activities, to the extent

7 practicable, that encourage public access to, and stimulate public pe8 destrian traffic around, into, and through, public buildings, permitting

9 cooperative improvements to and uses of the area between the building

10 and the street, so that the activities complement and supplement com11 mercial, cultural, educational, and recreational resources in the neigh12 borhood of public buildings; and

13 (4) encourage the public use of public buildings for cultural, edu14 cational, and recreational activities.

15 (c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out

16 the duties under subsection (b), the Administrator shall—

17 (1) consult with chief executive officers of the States, areawide agen18 cies established pursuant to title II of the Demonstration Cities and

19 Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and

20 section 6506 of title 31, and chief executive officers of those units of

21 general local government in each area served by an existing or proposed

22 public building; and

23 (2) solicit the comments of other community leaders and members

24 of the general public as the Administrator considers appropriate.

25 § 3307. Congressional approval of proposed projects

26 (a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE

27 MADE.—The following appropriations may be made only if the Committee

28 on Environment and Public Works of the Senate and the Committee on

29 Transportation and Infrastructure of the House of Representatives adopt

30 resolutions approving the purpose for which the appropriation is made:

31 (1) An appropriation to construct, alter, or acquire any building to

32 be used as a public building which involves a total expenditure in excess

33 of $1,500,000, so that the equitable distribution of public buildings

34 throughout the United States with due regard for the comparative ur35 gency of need for the buildings, except as provided in section 3305(b)

36 of this title, is ensured.

37 (2) An appropriation to lease any space at an average annual rental

38 in excess of $1,500,000 for use for public purposes.

39 (3) An appropriation to alter any building, or part of the building,

40 which is under lease by the Federal Government for use for a public

41 purpose if the cost of the alteration will exceed $750,000.
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1 (b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED

2 PROJECT.—To secure consideration for the approval referred to in sub3 section (a), the Administrator of General Services shall transmit to Con4 gress a prospectus of the proposed facility, including—

5 (1) a brief description of the building to be constructed, altered, or

6 acquired, or the space to be leased, under this chapter;

7 (2) the location of the building or space to be leased and an estimate

8 of the maximum cost to the Government of the facility to be con9 structed, altered, or acquired, or the space to be leased;

10 (3) a comprehensive plan for providing space for all Government offi11 cers and employees in the locality of the proposed facility or the space

12 to be leased, having due regard for suitable space which may continue

13 to be available in existing Government-owned or occupied buildings, es14 pecially those buildings that enhance the architectural, historical, so15 cial, cultural, and economic environment of the locality;

16 (4) with respect to any project for the construction, alteration, or ac17 quisition of any building, a statement by the Administrator that suit18 able space owned by the Government is not available and that suitable

19 rental space is not available at a price commensurate with that to be

20 afforded through the proposed action;

21 (5) a statement by the Administrator of the economic and other jus22 tifications for not acquiring a building identified to the Administrator

23 under section 3303(c) of this title as suitable for the public building

24 needs of the Government; and

25 (6) a statement of rents and other housing costs currently being paid

26 by the Government for federal agencies to be housed in the building

27 to be constructed, altered, or acquired, or the space to be leased.

28 (c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum

29 cost of any project approved under this section as set forth in any pro30 spectus may be increased by an amount equal to any percentage increase,

31 as determined by the Administrator, in construction or alteration costs from

32 the date the prospectus is transmitted to Congress. The increase authorized

33 by this subsection may not exceed 10 percent of the estimated maximum

34 cost.

35 (d) RESCISSION OF APPROVAL.— If an appropriation is not made within

36 one year after the date a project for construction, alteration, or acquisition

37 is approved under subsection (a), the Committee on Environment and Pub38 lic Works of the Senate or the Committee on Transportation and Infrastruc39 ture of the House of Representatives by resolution may rescind its approval

40 before an appropriation is made.
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1 (e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does

2 not prevent the Administrator from entering into emergency leases during

3 any period declared by the President to require emergency leasing authority.

4 An emergency lease may not be for more than 180 days without approval

5 of a prospectus for the lease in accordance with subsection (a).

6 (f) LIMITATION ON LEASING CERTAIN SPACE.—

7 (1) IN GENERAL.—The Administrator may not lease space to accom8 modate any of the following if the average rental cost of leasing the

9 space will exceed $1,500,000:

10 (A) Computer and telecommunications operations.

11 (B) Secure or sensitive activities related to the national defense

12 or security, except when it would be inappropriate to locate those

13 activities in a public building or other facility identified with the

14 Government.

15 (C) A permanent courtroom, judicial chamber, or administrative

16 office for any United States court.

17 (2) EXCEPTION.—The Administrator may lease space with respect to

18 which paragraph (1) applies if the Administrator—

19 (A) decides, for reasons set forth in writing, that leasing the

20 space is necessary to meet requirements which cannot be met in

21 public buildings; and

22 (B) submits the reasons to the Committee on Environment and

23 Public Works of the Senate and the Committee on Transportation

24 and Infrastructure of the House of Representatives.

25 (g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may

26 adjust any dollar amount referred to in this section to reflect a percentage

27 increase or decrease in construction costs during the prior calendar year,

28 as determined by the composite index of construction costs of the Depart29 ment of Commerce. Any adjustment shall be expeditiously reported to the

30 Committee on Environment and Public Works of the Senate and the Com31 mittee on Transportation and Infrastructure of the House of Representa32 tives.

33 § 3308. Architectural or engineering services

34 (a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen35 eral Services decides it to be necessary, the Administrator may employ, by

36 contract or otherwise, without regard to chapters 33 and 51 and subchapter

37 III of chapter 53 of title 5, civil service rules and regulations, or section

38 3709 of the Revised Statutes (41 U.S.C. 5), the services of established ar39 chitectural or engineering corporations, firms, or individuals, to the extent

40 the Administrator may require those services for any public building author41 ized to be constructed or altered under this chapter.
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1 (b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corpora2 tion, firm, or individual shall not be employed under authority of subsection

3 (a) on a permanent basis.

4 (c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any other

5 provision of this section, the Administrator is responsible for all construc6 tion authorized by this chapter, including the interpretation of construction

7 contracts, approval of material and workmanship supplied under a construc8 tion contract, approval of changes in the construction contract, certification

9 of vouchers for payments due the contractor, and final settlement of the

10 contract.

11 § 3309. Buildings and sites in the District of Columbia

12 (a) IN GENERAL.—The purposes of this chapter shall be carried out in

13 the District of Columbia as nearly as may be practicable in harmony with

14 the plan of Peter Charles L’Enfant. Public buildings shall be constructed

15 or altered to combine architectural beauty with practical utility.

16 (b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of

17 General Services decides that constructing or altering a public building

18 under this chapter in the District of Columbia requires using contiguous

19 squares as a site for the building, parts of streets that lie between the

20 squares, and alleys that intersect the squares, may be closed and vacated

21 if agreed to by the Administrator, the Council of the District of Columbia,

22 and the National Capital Planning Commission. Those streets and alleys be23 come part of the site.

24 (c) CONSULTATIONS PRIOR TO ACQUISITIONS.—

25 (1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis26 trator must consult with the House Office Building Commission cre27 ated by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before

28 the Administrator may acquire land located south of Independence Ave29 nue, between Third Street SW and Eleventh Street SE, in the District

30 of Columbia, for use as a site or an addition to a site.

31 (2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult

32 with the Architect of the Capitol before the Administrator may acquire

33 land located in the area extending from the United States Capitol

34 Grounds to Eleventh Street NE and SE and bounded by Independence

35 Avenue on the south and G Street NE on the north, in the District

36 of Columbia, for use as a site or an addition to a site.

37 (d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District

38 of Columbia Stadium Act of 1957 (Public Law 85–300, 71 Stat. 619) or

39 any other provision of law, the Armory Board may make contracts to con40 duct events in Robert F. Kennedy Stadium.
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1 § 3310. Special rules for leased buildings

2 For any building to be constructed for lease to, and for predominant use

3 by, the Federal Government, the Administrator of General Services—

4 (1) notwithstanding section 585(a)(1) of this title, shall not make

5 any agreement or undertake any commitment which will result in the

6 construction of the building until the Administrator has established de7 tailed specification requirements for the building;

8 (2) may acquire a leasehold interest in the building only by the use

9 of competitive procedures required by section 303 of the Federal Prop10 erty and Administrative Services Act of 1949 (41 U.S.C. 253);

11 (3) shall inspect every building during construction to establish that

12 the specifications established for the building are complied with;

13 (4) on completion of the building, shall evaluate the building to de14 termine the extent of failure to comply with the specifications referred

15 to in clause (1); and

16 (5) shall ensure that any contract entered into for the building shall

17 contain provisions permitting a reduction of rent during any period

18 when the building is not in compliance with the specifications.

19 § 3311. State administration of criminal and health and safe20 ty laws

21 When the Administrator of General Services considers it desirable, the

22 Administrator may assign to a State or a territory or possession of the

23 United States any part of the authority of the Federal Government to ad24 minister criminal laws and health and safety laws with respect to land or

25 an interest in land under the control of the Administrator and located in

26 the State, territory, or possession. Assignment of authority under this sec27 tion may be accomplished by filing with the chief executive officer of the

28 State, territory, or possession a notice of assignment to take effect on ac29 ceptance, or in another manner as may be prescribed by the laws of the

30 State, territory, or possession in which the land or interest is located.

31 § 3312. Compliance with nationally recognized codes

32 (a) APPLICATION.—

33 (1) IN GENERAL.—This section applies to any project for construc34 tion or alteration of a building for which amounts are first appro35 priated for a fiscal year beginning after September 30, 1989.

36 (2) NATIONAL SECURITY WAIVER.—This section does not apply to a

37 building for which the Administrator of General Services or the head

38 of the federal agency authorized to construct or alter the building de39 cides that the application of this section to the building would adversely

40 affect national security. A decision under this subsection is not subject

41 to administrative or judicial review.
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1 (b) BUILDING CODES.—Each building constructed or altered by the Gen2 eral Services Administration or any other federal agency shall be con3 structed or altered, to the maximum extent feasible as determined by the

4 Administrator or the head of the federal agency, in compliance with one of

5 the nationally recognized model building codes and with other applicable na6 tionally recognized codes, including electrical codes, fire and life safety

7 codes, and plumbing codes, as the Administrator decides is appropriate. In

8 carrying out this subsection, the Administrator or the head of the federal

9 agency shall use the latest edition of the nationally recognized codes.

10 (c) ZONING LAWS.—Each building constructed or altered by the Adminis11 tration or any other federal agency shall be constructed or altered only after

12 consideration of all requirements (except procedural requirements) of the

13 following laws of a State or a political subdivision of a State, which would

14 apply to the building if it were not a building constructed or altered by a

15 federal agency:

16 (1) Zoning laws.

17 (2) Laws relating to landscaping, open space, minimum distance of

18 a building from the property line, maximum height of a building, his19 toric preservation, esthetic qualities of a building, and other similar

20 laws.

21 (d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—

22 (1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND

23 INSPECTIONS.—To meet the requirements of subsections (b) and (c),

24 the Administrator or the head of the federal agency authorized to con25 struct or alter the building—

26 (A) in preparing plans for the building, shall consult with ap27 propriate officials of the State or political subdivision of a State,

28 or both, in which the building will be located;

29 (B) on request shall submit the plans in a timely manner to the

30 officials for review by the officials for a reasonable period of time

31 not exceeding 30 days; and

32 (C) shall permit inspection by the officials during construction

33 or alteration of the building, in accordance with the customary

34 schedule of inspections for construction or alteration of buildings

35 in the locality, if the officials provide to the Administrator or the

36 head of the federal agency—

37 (i) a copy of the schedule before construction of the build38 ing is begun; and

39 (ii) reasonable notice of their intention to conduct any in40 spection before conducting the inspection.
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1 (2) LIMITATION ON RESPONSIBILITIES.—This section does not im2 pose an obligation on any State or political subdivision to take any ac3 tion under paragraph (1).

4 (e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate

5 officials of a State or political subdivision of a State may make rec6 ommendations to the Administrator or the head of the federal agency au7 thorized to construct or alter a building concerning measures necessary to

8 meet the requirements of subsections (b) and (c). The officials also may

9 make recommendations to the Administrator or the head of the federal

10 agency concerning measures which should be taken in the construction or

11 alteration of the building to take into account local conditions. The Adminis12 trator or the head of the agency shall give due consideration to the rec13 ommendations.

14 (f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against

15 the Federal Government and a fine or penalty may not be imposed against

16 the Government for failure to meet the requirements of subsection (b), (c),

17 or (d) or for failure to carry out any recommendation under subsection (e).

18 (g) LIMITATION ON LIABILITY.—The Government and its contractors

19 shall not be required to pay any amount for any action a State or a political

20 subdivision of a State takes to carry out this section, including reviewing

21 plans, carrying out on-site inspections, issuing building permits, and making

22 recommendations.

23 § 3313. Delegation

24 (a) WHEN ALLOWED.—Except for the authority contained in section

25 3305(b) of this title, the carrying out of the duties and powers of the Ad26 ministrator of General Services under this chapter, in accordance with

27 standards the Administrator prescribes—

28 (1) shall be delegated on request to the appropriate executive agency

29 when the estimated cost of the project does not exceed $100,000; and

30 (2) may be delegated to the appropriate executive agency when the

31 Administrator determines that delegation will promote efficiency and

32 economy.

33 (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega34 tion under subsection (a) does not exempt the person to whom the delega35 tion is made, or the carrying out of the delegated duty or power, from any

36 other provision of this chapter.

37 § 3314. Report to Congress

38 (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—

39 Within a reasonable time after a request of either House of Congress or

40 any committee of Congress, the Administrator of General Services shall sub-
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1 mit a report showing the location, space, cost, and status of each public

2 building the construction, alteration, or acquisition of which—

3 (1) is to be under authority of this chapter; and

4 (2) was uncompleted as of the date of the request, or as of another

5 date the request may designate.

6 (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR

7 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The Adminis8 trator and the United States Postal Service shall make building project sur9 veys requested by resolution by the Committee on Environment and Public

10 Works of the Senate or the Committee on Transportation and Infrastruc11 ture of the House of Representatives, and within a reasonable time shall

12 make a report on the survey to Congress. The report shall contain all other

13 information required to be included in a prospectus of the proposed public

14 building project under section 3307(b) of this title.

15 § 3315. Certain authority not affected

16 This chapter does not limit or repeal the authority conferred by law on

17 the United States Postal Service.

18 CHAPTER 35—NON-FEDERAL PUBLIC WORKS

Sec.

3501. Definitions.

3502. Planned public works.

3503. Revolving fund.

3504. Surveys of public works planning.

3505. Forgiveness of outstanding advances.

19 § 3501. Definitions

20 In this chapter, the following definitions apply:

21 (1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or

22 a public agency or political subdivision of a State.

23 (2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public

24 works other than housing.

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

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

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

28 Marshall Islands, Palau, and any territory or possession of the United

29 States.

30 § 3502. Planned public works

31 (a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section

32 3324(a) and (b) of title 31, the Secretary of Housing and Urban Develop33 ment may make advances to public agencies and Indian tribes—

34 (1) to encourage public agencies and Indian tribes to maintain at all

35 times a current and adequate reserve of planned public works the con36 struction of which can rapidly be commenced, particularly when the na37 tional or local economic situation makes that action desirable; and
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1 (2) to help attain maximum economy and efficiency in the planning

2 and construction of public works.

3 (b) USES OF ADVANCES.—A public agency or Indian tribe shall use an

4 advance under subsection (a) to aid in financing the cost of feasibility stud5 ies, engineering and architectural surveys, designs, plans, working drawings,

6 specifications, or other action preliminary to and in preparation for the con7 struction of public works, and for construction in connection with the devel8 opment of a medical center, a general plan for the development of the cen9 ter.

10 (c) NO FUTURE COMMITMENT.—An advance under subsection (a) does

11 not commit the Congress to appropriate amounts to assist in financing the

12 construction of any public works planned with the aid of that advance. Out13 standing advances to public agencies and Indian tribes in a State shall not

14 exceed 12.5 percent of the aggregate then authorized to be appropriated to

15 the revolving fund established under section 3503 of this title.

16 (d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made

17 under subsection (a) for an individual project (including a regional, metro18 politan, or other areawide project) unless—

19 (1) the project is planned to be constructed within or over a reason20 able period of time considering the nature of the project;

21 (2) the project conforms to an overall state, local, or regional plan

22 approved by a competent state, local, or regional authority; and

23 (3) the public agency or Indian tribe formally contracts with the

24 Federal Government to complete the plan preparation promptly and to

25 repay part or all of the advance when due.

26 (e) REGULATIONS.—The Secretary may prescribe regulations to carry out

27 this chapter.

28 § 3503. Revolving fund

29 (a) ESTABLISHMENT.—There is a revolving fund established by the Sec30 retary of Housing and Urban Development to provide amounts for advances

31 under this chapter. The fund comprises amounts appropriated under this

32 chapter and all repayments and other receipts received in connection with

33 advances made under this chapter.

34 (b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated

35 to the revolving fund as necessary to carry out the purposes of this chapter.

36 § 3504. Surveys of public works planning

37 The Secretary of Housing and Urban Development may use during a fis38 cal year not more than $100,000 of the amount in the revolving fund estab39 lished under section 3503 of this title to conduct surveys of the status and

40 current volume of state and local public works planning and surveys of esti41 mated requirements for state and local public works. In conducting a sur-
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1 vey, the Secretary, may use or act through any department or agency of

2 the Federal Government, with the consent of the department or agency.

3 § 3505. Forgiveness of outstanding advances

4 In accordance with accounting and other procedures the Secretary of

5 Housing and Urban Development prescribes, each advance made by the Sec6 retary under this chapter that had any principal amount outstanding on

7 February 5, 1988, was forgiven. The terms and conditions of any contract,

8 or any amendment to a contract, for that advance with respect to any prom9 ise to repay the advance were canceled.

10 CHAPTER 37—CONTRACT WORK HOURS AND SAFETY

11 STANDARDS

Sec.

3701. Definition and application.

3702. Work hours.

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

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

3705. Safety programs.

3706. Limitations, variations, tolerances, and exemptions.

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

3708. Criminal penalties.

12 § 3701. Definition and application

13 (a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has

14 the same meaning that the term ‘‘United States’’ had in the Contract Work

15 Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).

16 (b) APPLICATION.—

17 (1) CONTRACTS.—This chapter applies to—

18 (A) any contract that may require or involve the employment of

19 laborers or mechanics on a public work of the Federal Govern20 ment, a territory of the United States, or the District of Columbia;

21 and

22 (B) any other contract that may require or involve the employ23 ment of laborers or mechanics if the contract is one—

24 (i) to which the Government, an agency or instrumentality

25 of the Government, a territory, or the District of Columbia

26 is a party;

27 (ii) which is made for or on behalf of the Government, an

28 agency or instrumentality, a territory, or the District of Co29 lumbia; or

30 (iii) which is a contract for work financed at least in part

31 by loans or grants from, or loans insured or guaranteed by,

32 the Government or an agency or instrumentality under any

33 federal law providing wage standards for the work.
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1 (2) LABORERS AND MECHANICS.—This chapter applies to all labor2 ers and mechanics employed by a contractor or subcontractor in the

3 performance of any part of the work under the contract—

4 (A) including watchmen, guards, and workers performing serv5 ices in connection with dredging or rock excavation in any river

6 or harbor of the United States, a territory, or the District of Co7 lumbia; but

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

9 (3) EXCEPTIONS.—

10 (A) THIS CHAPTER.—This chapter does not apply to—

11 (i) a contract for—

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

13 (II) the transmission of intelligence; or

14 (III) the purchase of supplies or materials or articles

15 ordinarily available in the open market;

16 (ii) any work required to be done in accordance with the

17 provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.);

18 and

19 (iii) a contract in an amount that is not greater than

20 $100,000.

21 (B) SECTION 3902.—Section 3902 of this title does not apply to

22 work where the assistance described in subsection (a)(2)(C) from

23 the Government or an agency or instrumentality is only a loan

24 guarantee or insurance.

25 § 3702. Work hours

26 (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic

27 employed by any contractor or subcontractor in the performance of work on

28 a contract described in section 3701 of this title shall be computed on the

29 basis of a standard workweek of 40 hours. Work in excess of the standard

30 workweek is permitted subject to this section. For each workweek in which

31 the laborer or mechanic is so employed, wages include compensation, at a

32 rate not less than one and one-half times the basic rate of pay, for all hours

33 worked in excess of 40 hours in the workweek.

34 (b) CONTRACT REQUIREMENTS.—A contract described in section 3701 of

35 this title, and any obligation of the Federal Government, a territory of the

36 United States, or the District of Columbia in connection with that contract,

37 must provide that—

38 (1) a contractor or subcontractor contracting for any part of the con39 tract work which may require or involve the employment of laborers or

40 mechanics shall not require or permit any laborer or mechanic, in any

41 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 3703 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 § 3703. 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 3701 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 § 3704. 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 3701(b)(1)(B)(i) or (ii) of this title, the govern6 mental agency for which the contract work is done may cancel the

7 contract and make other contracts for the completion of the con8 tract work, charging any additional cost to the original contractor;

9 or

10 (B) section 3701(b)(1)(B)(iii) of this title, the governmental

11 agency which is providing the financial guarantee, assistance, or

12 insurance for the contract work may withhold the guarantee, as13 sistance, or insurance attributable to the performance of the con14 tract.

15 (3) NONAPPLICABILITY.—Section 3703 of this title does not apply

16 to the enforcement of this section.

17 (c) REPEATED VIOLATIONS.—

18 (1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP19 TROLLER GENERAL.—When the Secretary, after an opportunity for an

20 agency hearing, decides on the record that, by repeated willful or gross21 ly negligent violations of this chapter, a contractor or subcontractor has

22 demonstrated that subsection (b) is not effective to protect the safety

23 and health of the employees of the contractor or subcontractor, the

24 Secretary shall make a finding to that effect and, not sooner than 30

25 days after giving notice of the finding to all interested persons, shall

26 transmit the name of the contractor or subcontractor to the Comp27 troller General.

28 (2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall

29 distribute each name transmitted under paragraph (1) to all agencies

30 of the Federal Government. Unless the Secretary otherwise rec31 ommends, the contractor, subcontractor, or any person in which the

32 contractor or subcontractor has a substantial interest may not be

33 awarded a contract subject to this section until three years have

34 elapsed from the date the name is transmitted to the Comptroller Gen35 eral. The Secretary shall terminate the ban if, before the end of the

36 three-year period, the Secretary, after affording interested persons due

37 notice and an opportunity for a hearing, is satisfied that a contractor

38 or subcontractor whose name was transmitted to the Comptroller Gen39 eral will comply responsibly with the requirements of this section. The

40 Comptroller General shall inform all Government agencies after being

41 informed of the Secretary’s action.
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1 (3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action

2 under this subsection or subsection (b) may file with the appropriate

3 United States court of appeals a petition for review of the Secretary’s

4 action within 60 days after receiving notice of the Secretary’s action.

5 The clerk of the court immediately shall send a copy of the petition

6 to the Secretary. The Secretary then shall file with the court the record

7 on which the action is based. The findings of fact by the Secretary,

8 if supported by substantial evidence, are final. The court may enter a

9 decree enforcing, modifying, modifying and enforcing, or setting aside

10 any part of, the order of the Secretary or the appropriate Government

11 agency. The judgment of the court may be reviewed by the Supreme

12 Court as provided in section 1254 of title 28.

13 (d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—

14 (1) ESTABLISHMENT.—There is an Advisory Committee on Con15 struction Safety and Health in the Department of Labor.

16 (2) COMPOSITION.—The Committee is composed of nine members

17 appointed by the Secretary, without regard to chapter 33 of title 5, as

18 follows:

19 (A) Three members shall be individuals representative of con20 tractors to whom this section applies.

21 (B) Three members shall be individuals representative of em22 ployees primarily in the building trades and construction industry

23 engaged in carrying out contracts to which this section applies.

24 (C) Three members shall be public representatives who shall be

25 selected on the basis of their professional and technical com26 petence and experience in the construction health and safety field.

27 (3) CHAIRMAN.—The Secretary shall appoint one member as Chair28 man.

29 (4) DUTIES.—The Committee shall advise the Secretary—

30 (A) in formulating construction safety and health standards and

31 other regulations; and

32 (B) on policy matters arising in carrying out this section.

33 (5) EXPERTS AND CONSULTANTS.—The Secretary may appoint spe34 cial advisory and technical experts or consultants as may be necessary

35 to carry out the functions of the Committee.

36 (6) COMPENSATION AND EXPENSES.—Committee members are enti37 tled to receive compensation at rates the Secretary fixes, but not more

38 than $100 a day, including traveltime, when performing Committee

39 business, and expenses under section 5703 of title 5.

40 § 3705. Safety programs

41 The Secretary of Labor shall—
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1 (1) provide for the establishment and supervision of programs for the

2 education and training of employers and employees in the recognition,

3 avoidance, and prevention of unsafe working conditions in employment

4 covered by this chapter; and

5 (2) collect reports and data and consult with and advise employers

6 as to the best means of preventing injuries.

7 § 3706. Limitations, variations, tolerances, and exemptions

8 The Secretary of Labor may provide reasonable limitations to, and may

9 prescribe regulations allowing reasonable variations to, tolerances from, and

10 exemptions from, this chapter that the Secretary may find necessary and

11 proper in the public interest to prevent injustice or undue hardship or to

12 avoid serious impairment of the conduct of Federal Government business.

13 § 3707. Contractor certification or contract clause in acqui14 sition of commercial items not required

15 In a contract to acquire a commercial item (as defined in section 4 of

16 the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a certifi17 cation by a contractor or a contract clause may not be required to imple18 ment a prohibition or requirement in this chapter.

19 § 3708. Criminal penalties

20 A contractor or subcontractor having a duty to employ, direct, or control

21 a laborer or mechanic employed in the performance of work contemplated

22 by a contract to which this chapter applies that intentionally violates this

23 chapter shall be fined under title 18, imprisoned for not more than six

24 months, or both.

25 PART B—UNITED STATES CAPITOL

26 CHAPTER 51—UNITED STATES CAPITOL BUILDINGS

27 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.

28 § 5101. Definition

29 In this chapter, the term ‘‘Capitol Buildings’’ means the United States

30 Capitol, the Senate and House Office Buildings and garages, the Capitol

31 Power Plant, all subways and enclosed passages connecting two or more of

32 those structures, and the real property underlying and enclosed by any of

33 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) JURISDICTION.—

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 (A) a Member of Congress;

13 (B) an employee of a Member of Congress;

14 (C) an officer or employee of Congress or a committee of Con15 gress; or

16 (D) 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 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest

30 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 (ch. 707, 60 Stat.

15 719, 720), do not prohibit a band in the service of the Federal Government

16 from giving concerts in the United States Capitol Grounds at times which

17 will not interfere with Congress and as authorized by the Architect of the

18 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 and report the results of the audit

27 to the Senate and the House of Representatives.

28 § 5109. Penalties

29 (a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

30 DEVICE OFFENSES.—An individual or group violating section 5104(e)(1) of

31 this title, or attempting to commit a violation, shall be fined under title 18,

32 imprisoned for not more than five years, or both.

33 (b) OTHER OFFENSES.—A person violating section 5103 or 5104(b), (c),

34 (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall

35 be fined under title 18, imprisoned for not more than six months, or both.

36 (c) PROCEDURE.—

37 (1) IN GENERAL.—An action for a violation of this chapter or section

38 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat.

39 719, 720), including an attempt or a conspiracy to commit a violation,

40 shall be brought by the Attorney General in the name of the United

41 States. This chapter and sections 9, 9A, 9B, 9C and 14 do not super-
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1 sede any provision of federal law or the laws of the District of Colum2 bia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C

3 or 14 also violates federal law or the laws of the District of Columbia,

4 both violations may be joined in a single action.

5 (2) VENUE.—An action under this section for a violation of—

6 (A) section 5104(e)(1) of this title or for conduct that con7 stitutes a felony under federal law or the laws of the District of

8 Columbia shall be brought in the United States District Court for

9 the District of Columbia; and

10 (B) any other section referred to in subsection (a) may be

11 brought in the Superior Court of the District of Columbia.

12 (3) AMOUNT OF PENALTY.— The penalty which may be imposed on

13 a person convicted in an action under this subsection is the highest

14 penalty authorized by any of the laws the defendant is convicted of vio15 lating.

16 PART C—FEDERAL BUILDING COMPLEXES

17 CHAPTER 61—UNITED STATES SUPREME COURT

18 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.

19 SUBCHAPTER I—GENERAL

20 § 6101. Definitions and application

21 (a) DEFINITIONS.—In this chapter, the following definitions apply:

22 (1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘official

23 guest of the Supreme Court’’ means an individual who is a guest of

24 the Supreme Court, as determined by the Chief Justice of the United

25 States or any Associate Justice of the Supreme Court;
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1 (2) STATE.—The term ‘‘State’’ means a State of the United States,

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

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

4 Marshall Islands, Palau, and any territory or possession of the United

5 States; and

6 (b) APPLICATION.—For purposes of section 6102 of this title and sub7 chapters III and IV, the Supreme Court grounds—

8 (1) extend to the line of the face of—

9 (A) the east curb of First Street Northeast, between Maryland

10 Avenue Northeast and East Capitol Street;

11 (B) the south curb of Maryland Avenue Northeast, between

12 First Street Northeast and Second Street Northeast;

13 (C) the west curb of Second Street Northeast, between Mary14 land Avenue Northeast and East Capitol Street; and

15 (D) the north curb of East Capitol Street between First Street

16 Northeast and Second Street Northeast; and

17 (2) comprise any property under the custody and control of the Su18 preme Court as part of the Supreme Court grounds, including property

19 acquired as provided by law on behalf of the Federal Government in

20 lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia

21 as an addition to the grounds of the Supreme Court Building.

22 § 6102. Regulations

23 (a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and

24 requirements specified in subchapter IV, the Marshal of the Supreme Court

25 may prescribe regulations, approved by the Chief Justice of the United

26 States, that are necessary for—

27 (1) the adequate protection of the Supreme Court Building and

28 grounds and of individuals and property in the Building and grounds;

29 and

30 (2) the maintenance of suitable order and decorum within the Build31 ing and grounds.

32 (b) POSTING REQUIREMENT.—All regulations prescribed under this sec33 tion shall be posted in a public place at the Building and shall be made

34 reasonably available to the public in writing.

35 SUBCHAPTER II—BUILDINGS AND GROUNDS

36 § 6111. Supreme Court Building

37 (a) IN GENERAL.—

38 (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the

39 Capitol shall have charge of the structural and mechanical care of the

40 Supreme Court Building, including—

41 (A) the care and maintenance of the grounds; and
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1 (B) the supplying of all mechanical furnishings and mechanical

2 equipment for the Building.

3 (2) OPERATION AND MAINTENANCE.—The Architect shall direct the

4 operation and maintenance of the mechanical equipment and repair of

5 the building.

6 (3) CONTRACT AUTHORITY.—The Architect may enter into all nec7 essary contracts to carry out this subsection.

8 (b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated under—

9 (1) subsection (a) and sections 6112 and 6113 of this title are avail10 able for—

11 (A) expenses of heating and air-conditioning refrigeration sup12 plied by the Capitol Power Plant, advancements for which shall be

13 made and deposited in the Treasury to the credit of appropriations

14 provided for the Capitol Power Plant; and

15 (B) the purchase of electrical energy; and

16 (2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’ and

17 ‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—

18 (A) improvements, maintenance, repairs, equipment, supplies,

19 materials, and appurtenances;

20 (B) special clothing for workers;

21 (C) personal and other services (including temporary labor with22 out regard to chapter 51, subchapter III of chapter 53, and sub23 chapter III of chapter 83, of title 5); and

24 (D) without compliance with section 3709 of the Revised Stat25 utes (41 U.S.C. 5)—

26 (i) for snow removal (by hire of personnel and equipment

27 or under contract); and

28 (ii) for the replacement of electrical transformers con29 taining polychlorinated biphenyls.

30 § 6112. Supreme Court Building and grounds employees

31 Employees required to carry out section 6111(a) of this title shall be—

32 (1) appointed by the Architect of the Capitol with the approval of

33 the Chief Justice of the United States;

34 (2) compensated in accordance with chapter 51 and subchapter III

35 of chapter 53 of title 5; and

36 (3) subject to subchapter III of chapter 83 of title 5.

37 § 6113. Duties of the Superintendent of the Supreme Court

38 Building

39 Except as provided in section 6111(a) of this title, all duties and work

40 required for the operation, domestic care, and custody of the Supreme Court
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1 Building shall be performed under the direction of the Marshal of the Su2 preme Court. The Marshal serves as the superintendent of the Building.

3 § 6114. Oliver Wendell Holmes Garden

4 The Architect of the Capitol shall maintain and care for the Oliver Wen5 dell Holmes Garden in accordance with the provisions of law on the mainte6 nance and care of the grounds of the Supreme Court Building.

7 SUBCHAPTER III—POLICING AUTHORITY

8 § 6121. General

9 (a) AUTHORITY OF MARSHAL OF THE SUPREME COURT AND SUPREME

10 COURT POLICE.—In accordance with regulations prescribed by the Marshal

11 of the Supreme Court and approved by the Chief Justice of the United

12 States, the Marshal and the Supreme Court Police shall have authority—

13 (1) to police the Supreme Court Building and grounds and adjacent

14 streets to protect individuals and property;

15 (2) in any State, to protect—

16 (A) the Chief Justice, any Associate Justice of the Supreme

17 Court, and any official guest of the Supreme Court; and

18 (B) any officer or employee of the Supreme Court while that of19 ficer or employee is performing official duties;

20 (3) while performing duties necessary to carry out paragraph (1) or

21 (2), to make arrests for any violation of federal or state law and any

22 regulation under federal or state law; and

23 (4) to carry firearms as may be required while performing duties

24 under section 6102 of this title, this subchapter, and subchapter IV.

25 (b) ADDITIONAL REQUIREMENTS RELATED TO SUBSECTION (a)(2).—

26 (1) AUTHORIZATION TO CARRY FIREARMS.—Duties under subsection

27 (a)(2)(A) with respect to an official guest of the Supreme Court in any

28 State (other than the District of Columbia, Maryland, and Virginia)

29 shall be authorized in writing by the Chief Justice or an Associate Jus30 tice, if those duties require the carrying of firearms under subsection

31 (a)(4).

32 (2) TERMINATION OF AUTHORITY.—The authority provided under

33 subsection (a)(2) expires on December 29, 2004.

34 § 6122. Designation of members of the Supreme Court Police

35 Under the general supervision and direction of the Chief Justice of the

36 United States, the Marshal of the Supreme Court may designate employees

37 of the Supreme Court as members of the Supreme Court Police, without

38 additional compensation.
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1 § 6123. Authority of Metropolitan Police of the District of

2 Columbia

3 The Metropolitan Police of the District of Columbia may make arrests

4 within the Supreme Court Building and grounds for a violation of federal

5 or state law or any regulation under federal or state law. This section does

6 not authorize the Metropolitan Police to enter the Supreme Court Building

7 to make an arrest in response to a complaint, serve a warrant, or patrol

8 the Supreme Court Building or grounds, unless the Metropolitan Police

9 have been requested to do so by, or have received the consent of, the Mar10 shal of the Supreme Court or an assistant to the Marshal.

11 SUBCHAPTER IV—PROHIBITIONS AND PENALTIES

12 § 6131. Public travel in Supreme Court grounds

13 Public travel in, and occupancy of, the Supreme Court grounds is re14 stricted to the sidewalks and other paved surfaces.

15 § 6132. Sale of articles, signs, and solicitation in Supreme

16 Court Building and grounds

17 It is unlawful—

18 (1) to offer or expose any article for sale in the Supreme Court

19 Building or grounds;

20 (2) to display a sign, placard, or other form of advertisement in the

21 Building or grounds; or

22 (3) to solicit fares, alms, subscriptions, or contributions in the Build23 ing or grounds.

24 § 6133. Property in the Supreme Court Building and

25 grounds

26 It is unlawful to step or climb on, remove, or in any way injure any stat27 ue, seat, wall, fountain, or other erection or architectural feature, or any

28 tree, shrub, plant, or turf, in the Supreme Court Building or grounds.

29 § 6134. Firearms, fireworks, speeches, and objectionable lan30 guage in the Supreme Court Building and grounds

31 It is unlawful to discharge a firearm, firework or explosive, set fire to a

32 combustible, make a harangue or oration, or utter loud, threatening, or abu33 sive language in the Supreme Court Building or grounds.

34 § 6135. Parades, assemblages, and display of flags in the Su35 preme Court Building and grounds

36 It is unlawful to parade, stand, or move in processions or assemblages

37 in the Supreme Court Building or grounds, or to display in the Building

38 and grounds a flag, banner, or device designed or adapted to bring into pub39 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 ON THE NATIONAL

34 MALL.—The Smithsonian Building, the Arts and Industries Build35 ing, the Freer Gallery of Art, the National Air and Space Mu36 seum, the National Museum of Natural History, the National Mu-
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1 seum of American History, the National Museum of the American

2 Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur

3 M. Sackler Gallery, the National Museum of African Art, the S.

4 Dillon Ripley Center, and all other buildings of the Smithsonian

5 Institution within the Mall, including the entrance walks, unload6 ing areas, and other pertinent service roads and parking areas.

7 (B) NATIONAL ZOOLOGICAL PARK.—The National Zoological

8 Park comprising all the buildings, streets, service roads, walks,

9 and other areas within the boundary fence of the National Zoolog10 ical Park in the District of Columbia and including the public

11 space between that fence and the face of the curb lines of the ad12 jacent city streets.

13 (C) OTHER SMITHSONIAN BUILDINGS AND GROUNDS.—All other

14 buildings, service roads, walks, and other areas within the exterior

15 boundaries of any real estate or land or interest in land (including

16 temporary use) that the Smithsonian Institution acquires and that

17 the Secretary of the Smithsonian Institution determines to be nec18 essary for the adequate protection of individuals or property in the

19 Smithsonian Institution and suitable for administration as a part

20 of the Smithsonian Institution.

21 (2) NATIONAL GALLERY OF ART.—The National Gallery of Art and

22 its grounds, which extend—

23 (A) to the line of the face of the south curb of Constitution Ave24 nue Northwest, between Seventh Street Northwest, and Fourth

25 Street Northwest, to the line of the face of the west curb of

26 Fourth Street Northwest, between Constitution Avenue Northwest,

27 and Madison Drive Northwest; to the line of the face of the north

28 curb of Madison Drive Northwest, between Fourth Street North29 west, and Seventh Street Northwest; and to the line of the face

30 of the east curb of Seventh Street Northwest, between Madison

31 Drive Northwest, and Constitution Avenue Northwest;

32 (B) to the line of the face of the south curb of Pennsylvania

33 Avenue Northwest, between Fourth Street and Third Street

34 Northwest, to the line of the face of the west curb of Third Street

35 Northwest, between Pennsylvania Avenue and Madison Drive

36 Northwest, to the line of the face of the north curb of Madison

37 Drive Northwest, between Third Street and Fourth Street North38 west, and to the line of the face of the east curb of Fourth Street

39 Northwest, between Pennsylvania Avenue and Madison Drive

40 Northwest; and
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1 (C) to the line of the face of the south curb of Constitution Ave2 nue Northwest, between Ninth Street Northwest and Seventh

3 Street Northwest; to the line of the face of the west curb of Sev4 enth Street Northwest, between Constitution Avenue Northwest

5 and Madison Drive Northwest; to the line of the face of the north

6 curb of Madison Drive Northwest, between Seventh Street North7 west and the line of the face of the east side of the east retaining

8 wall of the Ninth Street Expressway Northwest; and to the line

9 of the face of the east side of the east retaining wall of the Ninth

10 Street Expressway Northwest, between Madison Drive Northwest

11 and Constitution Avenue Northwest.

12 (3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—The

13 John F. Kennedy Center for the Performing Arts, which extends to the

14 line of the west face of the west retaining walls and curbs of the Inner

15 Loop Freeway on the east, the north face of the north retaining walls

16 and curbs of the Theodore Roosevelt Bridge approaches on the south,

17 the east face of the east retaining walls and curbs of Rock Creek Park18 way on the west, and the south curbs of New Hampshire Avenue and

19 F Street on the north, as generally depicted on the map entitled

20 ‘‘Transfer of John F. Kennedy Center for the Performing Arts’’, num21 bered 844/82563 and dated April 20, 1994 (as amended by the map

22 entitled ‘‘Transfer of John F. Kennedy Center for the Performing

23 Arts’’, numbered 844/82563A and dated May 22, 1997), which shall

24 be on file and available for public inspection in the office of the Na25 tional Capital Region, National Park Service.

26 § 6302. Public use of grounds

27 Public travel in, and occupancy of, the grounds specified under section

28 6301 of this title are restricted to the sidewalks and other paved surfaces,

29 except in the National Zoological Park.

30 § 6303. Unlawful activities

31 (a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other than

32 an authorized employee or concessionaire to carry out any of the following

33 activities within the specified buildings and grounds:

34 (1) Offer or expose any article for sale.

35 (2) Display any sign, placard, or other form of advertisement.

36 (3) Solicit alms, subscriptions, or contributions.

37 (b) TOUCHING OF, OR INJURIES TO, PROPERTY.—It is unlawful for

38 anyone—

39 (1) other than an authorized employee, to touch or handle objects

40 of art or scientific or historical objects on exhibition within the speci41 fied buildings or grounds; or
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1 (2) to step or climb on, remove, or in any way injure any object of

2 art, exhibit (including an exhibit animal), equipment, seat, wall, foun3 tain, or other erection or architectural feature, or any tree, shrub,

4 plant, or turf, within the specified buildings or grounds.

5 § 6304. Additional regulations

6 (a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In addition

7 to the restrictions and requirements specified in sections 6302 and 6303 of

8 this title, the Secretary of the Smithsonian Institution, the Trustees of the

9 National Gallery of Art, and the Trustees of the John F. Kennedy Center

10 for the Performing Arts may prescribe for their respective agencies regula11 tions necessary for—

12 (1) the adequate protection of the specified buildings and grounds

13 and individuals and property in those buildings and grounds; and

14 (2) the maintenance of suitable order and decorum within the speci15 fied buildings and grounds, including the control of traffic and parking

16 of vehicles in the National Zoological Park and all other areas in the

17 District of Columbia under their control.

18 (b) PUBLICATION IN FEDERAL REGISTER.—A regulation prescribed

19 under this section shall be published in the Federal Register and is not ef20 fective until the expiration of 10 days after the date of publication.

21 § 6305. Suspension of regulations

22 To allow authorized services, training programs, and ceremonies in the

23 specified buildings and grounds, the Secretary of the Smithsonian Institu24 tion, the Trustees of the National Gallery of Art, and the Trustees of the

25 John F. Kennedy Center for the Performing Arts (or their designees) may

26 suspend for their respective agencies any of the prohibitions contained in

27 sections 6302 and 6303 of this title as may be necessary for the occasion

28 or circumstance if—

29 (1) responsible officers have been appointed; and

30 (2) the Secretary of the Smithsonian Institution, the Trustees of the

31 National Gallery of Art, and the Trustees of the John F. Kennedy Cen32 ter for the Performing Arts (or their designees) determine that ade33 quate arrangements have been made—

34 (A) to maintain suitable order and decorum in the proceedings;

35 and

36 (B) to protect the specified buildings and grounds and persons

37 and property in those buildings and on those grounds.

38 § 6306. Policing of buildings and grounds

39 (a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to sec40 tion 5375 of title 5, the Secretary of the Smithsonian Institution, the Trust41 ees of the National Gallery of Art, and the Trustees of the John F. Ken-
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1 nedy Center for the Performing Arts (or their designees) may designate em2 ployees of their respective agencies as special police, without additional com3 pensation, for duty in connection with the policing of their respective speci4 fied buildings and grounds.

5 (b) POWERS.—The employees designated as special police under sub6 section (a)—

7 (1) may, within the specified buildings and grounds, enforce, and

8 make arrests for violations of, sections 6302 and 6303 of this title, any

9 regulation prescribed under section 6304 of this title, federal or state

10 law, or any regulation prescribed under federal or state law; and

11 (2) may enforce concurrently with the United States Park Police the

12 laws and regulations applicable to the National Capital Parks, and may

13 make arrests for violations of sections 6302 and 6303 of this title,

14 within the several areas located within the exterior boundaries of the

15 face of the curb lines of the squares within which the specified build16 ings and grounds are located.

17 (c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated as

18 special police under subsection (a) may be provided, without charge, with

19 uniforms and other equipment as may be necessary for the proper perform20 ance of their duties, including badges, revolvers, and ammunition.

21 § 6307. Penalties

22 (a) IN GENERAL.—

23 (1) PENALTY.—A person violating section 6302 or 6303 of this title,

24 or a regulation prescribed under section 6304 of this title, shall be

25 fined under title 18, imprisoned for not more than 60 days, or both.

26 (2) PROCEDURE.—Prosecution for an offense under this subsection

27 shall be in the Superior Court of the District of Columbia, by informa28 tion by the United States Attorney or an Assistant United States At29 torney.

30 (b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—

31 (1) PENALTY.—If in the commission of a violation described in sub32 section (a), property is damaged in an amount exceeding $100, the pe33 riod of imprisonment for the offense may be not more than five years.

34 (2) VENUE AND PROCEDURE.—Prosecution of an offense under this

35 subsection shall be in the United States District Court for the District

36 of Columbia by indictment. Prosecution may be on information by the

37 United States Attorney or an Assistant United States Attorney if the

38 defendant, after being advised of the nature of the charge and of rights

39 of the defendant, waives in open court prosecution by indictment.
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1 CHAPTER 65—THURGOOD MARSHALL FEDERAL

2 JUDICIARY BUILDING

Sec.

6501. Definition.

6502. Thurgood Marshall Federal Judiciary Building.

6503. Commission for the Judiciary Office Building.

6504. Lease of building.

6505. Structural and mechanical care and security.

6506. Allocation of space.

6507. Account in Treasury.

3 § 6501. Definition

4 In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the

5 United States or the designee of the Chief Justice, except that when there

6 is a vacancy in the office of the Chief Justice, the most senior associate jus7 tice of the Supreme Court shall be deemed to be the Chief Justice for pur8 poses of this chapter until the vacancy is filled.

9 § 6502. Thurgood Marshall Federal Judiciary Building

10 (a) ESTABLISHMENT AND DESIGNATION.—There is a Federal Judiciary

11 Building in Washington, D.C., known and designated as the ‘‘Thurgood

12 Marshall Federal Judiciary Building’’.

13 (b) TITLE.—

14 (1) SQUARES 721 AND 722.—Title to squares 721 and 722 remains

15 in the Federal Government.

16 (2) BUILDING.—Title to the Building and other improvements con17 structed or otherwise made immediately reverts to the Government at

18 the expiration of not more than 30 years from the effective date of the

19 lease agreement referred to in section 6504 of this title without pay20 ment of any compensation by the Government.

21 (c) LIMITATIONS.—

22 (1) SIZE OF BUILDING.—The Building (excluding parking facilities)

23 may not exceed 520,000 gross square feet in size above the level of Co24 lumbia Plaza in the District of Columbia.

25 (2) HEIGHT OF BUILDING.—The height of the Building and other

26 improvements shall be compatible with the height of surrounding Gov27 ernment and historic buildings and conform to the provisions of the Act

28 of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height

29 Act of 1910).

30 (3) DESIGN.—The Building and other improvements shall—

31 (A) be designed in harmony with historical and Government

32 buildings in the vicinity;

33 (B) reflect the symbolic importance and historic character of the

34 United States Capitol and other buildings on the United States

35 Capitol Grounds; and

36 (C) represent the dignity and stability of the Government.
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1 (d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding archi2 tectural design of the Building are subject to the approval of the Chief Jus3 tice.

4 (e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—If the

5 Building is connected with the Capitol Power Plant, the Architect of the

6 Capitol shall furnish chilled water and steam from the Plant to the Building

7 on a reimbursable basis.

8 (f) CONSTRUCTION STANDARDS.—The Building and other improvements

9 constructed under this chapter shall meet all standards applicable to con10 struction of a federal building.

11 (g) ACCOUNTING SYSTEM.—The Architect shall maintain an accounting

12 system for operation and maintenance of the Building and other improve13 ments which will allow accurate projections of the dates and cost of major

14 repairs, improvements, reconstructions, and replacements of the Building

15 and improvements and other capital expenditures on the Building and im16 provements.

17 (h) NONAPPLICABILITY OF CERTAIN LAWS.—

18 (1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building is

19 not subject to any law of the District of Columbia relating to building

20 codes, permits, or inspection, including any such law enacted by Con21 gress.

22 (2) TAXES.—The Building and other improvements constructed

23 under this chapter are not subject to any law of the District of Colum24 bia relating to real estate and personal property taxes, special assess25 ments, or other taxes, including any such law enacted by Congress.

26 § 6503. Commission for the Judiciary Office Building

27 (a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission for the

28 Judiciary Office Building, composed of the following 13 members or their

29 designees:

30 (1) Two individuals appointed by the Chief Justice from among jus31 tices of the Supreme Court and other judges of the United States.

32 (2) The members of the House Office Building Commission.

33 (3) The majority leader and minority leader of the Senate.

34 (4) The Chairman and the ranking minority member of the Senate

35 Committee on Rules and Administration.

36 (5) The Chairman and the ranking minority member of the Senate

37 Committee on Environment and Public Works.

38 (6) The Chairman and ranking minority member of the Committee

39 on Transportation and Infrastructure of the House of Representatives.

40 (b) QUORUM.—Seven members of the Commission is a quorum.
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1 (c) DUTIES.—The Commission is responsible for the supervision of the

2 design, construction, operation, maintenance, structural, mechanical, and

3 domestic care, and security of the Thurgood Marshall Federal Judiciary

4 Building. The Commission shall prescribe regulations to govern the actions

5 of the Architect of the Capitol under this chapter and to govern the use

6 and occupancy of all space in the Building.

7 § 6504. Lease of building

8 (a) LEASE AGREEMENT.—Under an agreement with the person selected

9 to construct the Thurgood Marshall Federal Judiciary Building, the Archi10 tect of the Capitol shall lease the Building to carry out the objectives of

11 this chapter.

12 (b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement

13 includes at a minimum the following:

14 (1) LIMIT ON LENGTH OF LEASE.—The Architect will lease the

15 Building and other improvements for not more than 30 years from the

16 effective date of the agreement.

17 (2) RENTAL RATE.—The rental rate per square foot of occupiable

18 space for all space in the Building and other improvements will be in

19 the best interest of the Federal Government and will carry out the ob20 jectives of this chapter. The aggregate rental rate for all space in the

21 Building and other improvements shall produce an amount at least

22 equal to the amount necessary to amortize the cost of development of

23 squares 721 and 722 in the District of Columbia over the life of the

24 lease.

25 (3) AUTHORITY TO MAKE SPACE AVAILABLE AND SUBLEASE

26 SPACE.—The Architect may make space available and sublease space

27 in the Building and other improvements in accordance with section

28 6506 of this title.

29 (4) OTHER TERMS AND CONDITIONS.—The agreement contains

30 terms and conditions the Architect prescribes to carry out the objec31 tives of this chapter.

32 (c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease pay33 ments under this section may only be made—

34 (1) on an annual basis; and

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

36 § 6505. Structural and mechanical care and security

37 (a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol,

38 under the direction of the Commission for the Judiciary Office Building—

39 (1) is responsible for the structural and mechanical care and mainte40 nance of the Thurgood Marshall Federal Judiciary Building and im41 provements, including the care and maintenance of the grounds of the
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1 Building, in the same manner and to the same extent as for the struc2 tural and mechanical care and maintenance of the Supreme Court

3 Building under section 6111 of this title; and

4 (2) shall perform all other duties and work required for the operation

5 and domestic care of the Building and improvements.

6 (b) SECURITY.—

7 (1) CAPITOL POLICE.—The United States Capitol Police—

8 (A) are responsible for all exterior security of the Building and

9 other improvements constructed under this chapter; and

10 (B) may police the Building and other improvements, including

11 the interior and exterior, and may make arrests within the interior

12 and exterior of the Building and other improvements for any viola13 tion of federal or state law or the laws of the District of Columbia,

14 or any regulation prescribed under any of those laws.

15 (2) MARSHAL OF THE SUPREME COURT.—This chapter does not

16 interfere with the obligation of the Marshal of the Supreme Court to

17 protect justices, officers, employees, or other personnel of the Supreme

18 Court who may occupy the Building and other improvements.

19 (3) REIMBURSEMENT.—The Architect shall transfer from the ac20 count described in section 6507 of this title amounts necessary to reim21 burse the United States Capitol Police for expenses incurred in pro22 viding exterior security under this subsection. The Capitol Police may

23 accept amounts the Architect transfers under this paragraph. Those

24 amounts shall be credited to the appropriation account charged by the

25 Capitol Police in carrying out security duties.

26 § 6506. Allocation of space

27 (a) PRIORITY.—

28 (1) JUDICIAL BRANCH.—Subject to this section, the Architect of the

29 Capitol shall make available to the judicial branch of the Federal Gov30 ernment all space in the Thurgood Marshall Federal Judiciary Building

31 and other improvements constructed under this chapter. The space

32 shall be made available on a reimbursable basis and substantially in ac33 cordance with the report referred to in section 3(b)(1) of the Judiciary

34 Office Building Development Act (Public Law 100–480, 102 Stat.

35 2330).

36 (2) OTHER FEDERAL GOVERNMENTAL ENTITIES.—The Architect

37 may make available to federal governmental entities which are not part

38 of the judicial branch and which are not staff of Members of Congress

39 or congressional committees any space in the Building and other im40 provements that the Chief Justice decides is not needed by the judicial

41 branch. The space shall be made available on a reimbursable basis.
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1 (3) OTHER PERSONS.—If any space remains, the Architect may sub2 lease it pursuant to subsection (e), under the direction of the Commis3 sion for the Judiciary Office Building, to any person.

4 (b) SPACE FOR JUDICIAL BRANCH AND OTHER FEDERAL GOVERN5 MENTAL ENTITIES.—Space made available under subsection (a)(1) or (2)

6 is subject to—

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

8 chapter; and

9 (2) reimbursement at the rate established under section 6504(b)(2)

10 of this title plus an amount necessary to pay each year for the cost

11 of administering the Building and other improvements (including the

12 cost of operation, maintenance, rehabilitation, security, and structural,

13 mechanical, and domestic care) that is attributable to the space, with

14 the amount to be determined by the Architect and—

15 (A) in the case of the judicial branch, the Director of the Ad16 ministrative Office of the United States Courts; or

17 (B) in the case of any federal governmental entity not a part

18 of the judicial branch, the entity.

19 (c) SPACE FOR JUDICIAL BRANCH.—

20 (1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The Direc21 tor may assign space made available to the judicial branch under sub22 section (a)(1) among offices of the judicial branch as the Director con23 siders appropriate.

24 (2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies

25 the Architect that the judicial branch requires additional space in the

26 Building and other improvements, the Architect shall accommodate

27 those requirements within 90 days after the date of the notification,

28 except that if the space was made available to the Administrator of

29 General Services, it shall be vacated expeditiously by not later than a

30 date the Chief Justice and the Administrator agree on.

31 (3) UNOCCUPIED SPACE.—The Chief Justice has the right of first

32 refusal to use unoccupied space in the Building to meet the needs of

33 the judicial branch.

34 (d) LEASE BY ARCHITECT.—

35 (1) AUTHORITY TO LEASE.—Subject to approval by the Committees

36 on Appropriations of the House of Representatives and the Senate, the

37 House Office Building Commission, and the Committee on Rules and

38 Administration of the Senate, the Architect may lease and occupy not

39 more than 75,000 square feet of space in the Building.

40 (2) PAYMENTS.—Payments under the lease shall be made on vouch41 ers the Architect approves. Necessary amounts may be appropriated—
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1 (A) to the Architect to carry out this subsection, including

2 amounts for acquiring and installing furniture and furnishings;

3 and

4 (B) to the Sergeant at Arms of the Senate to plan for, acquire,

5 and install telecommunications equipment and services for the Ar6 chitect with respect to space leased under this subsection.

7 (e) SUBLEASED SPACE.—

8 (1) RENTAL RATE.—Space subleased by the Architect under sub9 section (a)(3) is subject to reimbursement at a rate which is com10 parable to prevailing rental rates for similar facilities in the area but

11 not less than the rate established under section 6504(b)(2) of this title

12 plus an amount the Architect and the person subleasing the space

13 agree is necessary to pay each year for the cost of administering the

14 Building (including the cost of operation, maintenance, rehabilitation,

15 security, and structural, mechanical, and domestic care) that is attrib16 utable to the space.

17 (2) LIMITATION.—A sublease under subsection (a)(3) must be com18 patible with the dignity and functions of the judicial branch offices

19 housed in the Building and must not unduly interfere with the activi20 ties and operations of the judicial branch agencies housed in the Build21 ing. Sections 5104(c) and 5108 of this title do not apply to any space

22 in the Building and other improvements subleased to a non-Govern23 ment tenant under subsection (a)(3).

24 (3) COLLECTION OF RENT.—The Architect shall collect rent for

25 space subleased under subsection (a)(3).

26 (f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received under

27 subsection (a)(3) (including lease payments and reimbursements) shall be

28 deposited in the account described in section 6507 of this title.

29 § 6507. Account in Treasury

30 (a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.—There is

31 a separate account in the Treasury. The account includes all amounts de32 posited in the account under section 6506(f) of this title and amounts ap33 propriated to the account. However, the appropriated amounts may not be

34 more than $2,000,000.

35 (b) USE OF AMOUNTS.—Amounts in the account are available to the Ar36 chitect of the Capitol—

37 (1) for paying expenses for structural, mechanical, and domestic

38 care, maintenance, operation, and utilities of the Thurgood Marshall

39 Federal Judiciary Building and other improvements constructed under

40 this chapter;
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1 (2) for reimbursing the United States Capitol Police for expenses in2 curred in providing exterior security for the Building and other im3 provements;

4 (3) for making lease payments under section 6504 of this title; and

5 (4) for necessary personnel (including consultants).

6 CHAPTER 67—PENNSYLVANIA AVENUE DEVELOPMENT

SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES,

TITLE, AND INTERESTS

Sec.

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

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

SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

6711. Definition.

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

6713. Certification of new construction.

6714. Relocation services.

6715. Coordination with District of Columbia.

6716. Reports.

SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

6731. Definitions.

6732. Federal Triangle development area.

6733. Federal Triangle property.

6734. Ronald Reagan Building and International Trade Center.

7 SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,

8 AUTHORITIES, TITLE, AND INTERESTS

9 § 6701. Transfer of rights and authorities of Pennsylvania

10 Avenue Development Corporation

11 (a) IN GENERAL.—The Administrator of General Services—

12 (1) may make and perform transactions with an agency or instru13 mentality of the Federal Government, a State, the District of Colum14 bia, or any person as necessary to carry out the trade center plan at

15 the Federal Triangle Project; and

16 (2) has all the rights and authorities of the former Pennsylvania Av17 enue Development Corporation with regard to property transferred

18 from the Corporation to the General Services Administration in fiscal

19 year 1996.

20 (b) USE OF AMOUNTS AND INCOME.—

21 (1) ACTIVITIES ASSOCIATED WITH TRANSFERRED RESPONSIBIL22 ITIES.—The Administrator may use amounts transferred from the Cor23 poration or income earned on Corporation property for activities associ24 ated with carrying out the responsibilities of the Corporation trans25 ferred to the Administrator. Any income earned after October 1, 1998,

26 shall be deposited to the Federal Buildings Fund to be available for

27 the purposes authorized under this subchapter, notwithstanding section

28 592(c)(1) of this title.
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1 (2) EXCESS AMOUNTS OR INCOME.—Any amounts or income the Ad2 ministrator considers excess to the amount needed to fulfill the respon3 sibilities of the Corporation transferred to the Administrator shall be

4 applied to any outstanding debt the Corporation incurred when acquir5 ing real estate, except debt associated with the Ronald Reagan Build6 ing and International Trade Center.

7 (c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real property

8 transferred from the Corporation to the Administrator under section 6702

9 of this title, the Administrator shall pay to the District of Columbia govern10 ment, in the same way as previously paid by the Corporation, an amount

11 equal to the amount of real property tax which would have been payable

12 to the government beginning on the date the Corporation acquired the real

13 property if legal title to the property had been held by a private citizen on

14 that date and during all periods to which that date relates.

15 § 6702. Transfer and assignment of rights, title, and inter16 ests in property

17 (a) IN GENERAL.—

18 (1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As pro19 vided in this section, the General Services Administration, the National

20 Capital Planning Commission, and the National Park Service have the

21 rights, title, and interest of the Pennsylvania Avenue Development Cor22 poration in and to all leases, covenants, agreements, and easements the

23 Corporation executed before April 1, 1996, in carrying out its powers

24 and duties under the Pennsylvania Avenue Development Corporation

25 Act of 1972 (Public Law 92–578, 86 Stat. 1266) and the Federal Tri26 angle Development Act (Public Law 100–113, 101 Stat. 735).

27 (2) PROPERTY.—The Administration has the rights, title, and inter28 est of the Corporation in and to all property held in the name of the

29 Corporation, except as provided in subsection (c).

30 (b) GENERAL SERVICES ADMINISTRATION.—

31 (1) RESPONSIBILITIES.—The responsibilities of the Corporation

32 transferred to the Administration under subsection (a) include—

33 (A) the collection of revenue owed the Federal Government as

34 a result of real estate sales or lease agreements made by the Cor35 poration and private parties, including—

36 (i) the Willard Hotel property on Square 225;

37 (ii) the Gallery Row project on Square 457;

38 (iii) the Lansburgh’s project on Square 431; and

39 (iv) the Market Square North project on Square 407;
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1 (B) the collection of sale or lease revenue owed the Government

2 from the sale or lease before April 1, 1996, of two undeveloped

3 sites owned by the Corporation on Squares 457 and 406;

4 (C) the application of collected revenue to repay Treasury debt

5 the Corporation incurred when acquiring real estate;

6 (D) performing financial audits for projects in which the Cor7 poration has actual or potential revenue expectation, as identified

8 in subparagraphs (A) and (B), in accordance with procedures de9 scribed in applicable sale or lease agreements;

10 (E) the disposition of real estate properties which are or become

11 available for sale and lease or other uses;

12 (F) payment of benefits in accordance with the Uniform Reloca13 tion Assistance and Real Property Acquisition Policies Act of 1970

14 (42 U.S.C. 4601 et seq.) to which persons in the project area

15 squares are entitled as a result of the Corporation’s acquisition of

16 real estate; and

17 (G) carrying out the responsibilities of the Corporation under

18 subchapter III and the Federal Triangle Development Act (Public

19 Law 100–113, 101 Stat. 735), including responsibilities for man20 aging assets and liabilities of the Corporation under subchapter

21 III and the Act.

22 (2) POWERS.—In carrying out the responsibilities of the Corporation

23 transferred under this section, the Administrator of General Services

24 may—

25 (A) acquire land, improvements, and property by purchase, lease

26 or exchange, and sell, lease, or otherwise dispose of any property,

27 as necessary to complete the development plan developed under

28 section 5 of the Pennsylvania Avenue Development Corporation

29 Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of

30 intention to carry out the acquisition or disposal is first trans31 mitted to the Committee on Transportation and Infrastructure

32 and the Committee on Appropriations of the House of Representa33 tives and the Committee on Environment and Public Works and

34 the Committee on Appropriations of the Senate and at least 60

35 days elapse after the date of the transmission;

36 (B) modify the plan referred to in subparagraph (A) if the

37 modification is first transmitted to the Committee on Transpor38 tation and Infrastructure and the Committee on Appropriations of

39 the House of Representatives and the Committee on Environment

40 and Public Works and the Committee on Appropriations of the
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1 Senate and at least 60 days elapse after the date of the trans2 mission;

3 (C) maintain any existing Corporation insurance programs;

4 (D) make and perform transactions with an agency or instru5 mentality of the Federal Government, a State, the District of Co6 lumbia, or any person as necessary to carry out the responsibilities

7 of the Corporation under subchapter III and the Federal Triangle

8 Development Act (Public Law 100–113, 101 Stat. 735);

9 (E) request the Council of the District of Columbia to close any

10 alleys necessary for the completion of development in Square 457;

11 and

12 (F) use all of the amount transferred from the Corporation or

13 income earned on Corporation property to complete any pending

14 development projects.

15 (c) NATIONAL PARK SERVICE.—

16 (1) PROPERTY.—The National Park Service has the right, title, and

17 interest in and to the property located in the Pennsylvania Avenue Na18 tional Historic Site, including the parks, plazas, sidewalks, special

19 lighting, trees, sculpture, and memorials, depicted on a map entitled

20 ‘‘Pennsylvania Avenue National Historic Park’’, dated June 1, 1995,

21 and numbered 840–82441. The map shall be on file and available for

22 public inspection in the offices of the Service.

23 (2) RESPONSIBILITIES.—The Service is responsible for management,

24 administration, maintenance, law enforcement, visitor services, resource

25 protection, interpretation, and historic preservation at the Site.

26 (3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—The

27 Service may—

28 (A) make transactions with an agency or instrumentality of the

29 Government, a State, the District of Columbia, or any person as

30 considered necessary or appropriate for the conduct of special

31 events, festivals, concerts, or other art and cultural programs at

32 the Site; or

33 (B) establish a nonprofit foundation to solicit amounts for those

34 activities.

35 (4) JURISDICTION OF DISTRICT OF COLUMBIA.—Jurisdiction of

36 Pennsylvania Avenue and all other roadways from curb to curb remains

37 with the District of Columbia but vendors are not permitted to occupy

38 street space except during temporary special events.

39 (d) NATIONAL CAPITAL PLANNING COMMISSION.—The National Capital

40 Planning Commission is responsible for ensuring that development in the
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1 Pennsylvania Avenue area is carried out in accordance with the Pennsyl2 vania Avenue Development Corporation Plan—1974.

3 SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

4 § 6711. Definition

5 In this subchapter, the term ‘‘development area’’ means the area to be

6 developed, maintained, and used in accordance with this subchapter and the

7 Pennsylvania Avenue Development Corporation Act of 1972 (Public Law

8 92–578, 86 Stat. 1266) and is the area bounded as follows:

9 Beginning at a point on the southwest corner of the intersection of

10 Fifteenth Street and E Street Northwest;

11 thence proceeding east along the southern side of E Street to the

12 southwest corner of the intersection of Thirteenth Street and Pennsyl13 vania Avenue Northwest;

14 thence southeast along the southern side of Pennsylvania Avenue to

15 a point being the southeast corner of the intersection of Pennsylvania

16 Avenue and Third Street Northwest;

17 thence north along the eastern side of Third Street to the northeast

18 corner of the intersection of C Street and Third Street Northwest;

19 thence west along the northern side of C Street to the northeast cor20 ner of the intersection of C Street and Sixth Street Northwest;

21 thence north along the eastern side of Sixth Street to the northeast

22 corner of the intersection of E Street and Sixth Street Northwest;

23 thence west along the northern side of E Street to the northeast cor24 ner of the intersection of E Street and Seventh Street Northwest;

25 thence north along the eastern side of Seventh Street to the north26 east corner of the intersection of Seventh Street and F Street North27 west;

28 thence west along the northern side of F Street to the northwest cor29 ner of the intersection of F Street and Ninth Street Northwest;

30 thence south along the western side of Ninth Street to the northwest

31 corner of the intersection of Ninth Street and E Street Northwest;

32 thence west along the northern side of E Street to the northeast cor33 ner of the intersection of E Street and Thirteenth Street Northwest;

34 thence north along the eastern side of Thirteenth Street to the

35 northeast corner of the intersection of F Street and Thirteenth Street

36 Northwest;

37 thence west along the northern side of F Street to the northwest cor38 ner of the intersection of F Street and Fifteenth Street Northwest;

39 thence north along the western side of Fifteenth Street to the north40 west corner of the intersection of Pennsylvania Avenue and Fifteenth

41 Street Northwest;
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1 thence west along the southern side of Pennsylvania Avenue to the

2 southeast corner of the intersection of Pennsylvania Avenue and East

3 Executive Avenue Northwest;

4 thence south along the eastern side of East Executive Avenue to the

5 intersection of South Executive Place and E Street Northwest;

6 thence east along the southern side of E Street to the point of begin7 ning.

8 § 6712. Powers of other agencies and instrumentalities in

9 the development area

10 This subchapter and the Pennsylvania Avenue Development Corporation

11 Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other

12 agencies or instrumentalities of the Federal Government or of the District

13 of Columbia from exercising any lawful powers in the development area con14 sistent with the development plan described in section 5(a) of the Act (86

15 Stat. 1269) or the provisions and purposes of this subchapter and the Act.

16 However, the agency or instrumentality shall not release, modify, or depart

17 from any feature or detail of the development plan without the prior ap18 proval of the Administrator of General Services.

19 § 6713. Certification of new construction

20 New construction (including substantial remodeling, conversion, rebuild21 ing, enlargement, extension, or major structural improvement of existing

22 building, but not including ordinary maintenance or remodeling or changes

23 necessary to continue occupancy) shall not be authorized or conducted with24 in the development area except on prior certification by the Administrator

25 of General Services that the construction is, or may reasonably be expected

26 to be, consistent with the carrying out of the development plan described

27 in section 5(a) of the Pennsylvania Avenue Development Corporation Act

28 of 1972 (Public Law 92–578, 86 Stat. 1269).

29 § 6714. Relocation services

30 (a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator

31 of General Services may use the services of the District of Columbia govern32 ment in the administration of a relocation program pursuant to the Uniform

33 Relocation Assistance and Real Property Acquisition Policies Act of 1970

34 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the govern35 ment for the cost of the services.

36 (b) COORDINATION OF RELOCATION PROGRAMS.—All relocation services

37 performed by or on behalf of the Administrator shall be coordinated with

38 the District of Columbia’s central relocation programs.

39 (c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.—An

40 owner or tenant of real property whose residence or business is terminated

41 as a result of acquisitions made pursuant to this subchapter or the Pennsyl-
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1 vania Avenue Development Corporation Act of 1972 (Public Law 92–578,

2 86 Stat. 1266) shall be granted a preferential right to lease or purchase

3 from the Administrator similar real property as may become available for

4 a similar use. The preferential right is limited to the parties in interest and

5 is not transferable or assignable.

6 § 6715. Coordination with District of Columbia

7 (a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying out

8 the purposes of this subchapter and the Pennsylvania Avenue Development

9 Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Adminis10 trator of General Services shall—

11 (1) consult and cooperate with District of Columbia officials and

12 community leaders at the earliest practicable time;

13 (2) give primary consideration to local needs and desires and to local

14 and regional goals and policies as expressed in urban renewal, commu15 nity renewal, and comprehensive land use plans and regional plans; and

16 (3) foster local initiative and participation in connection with the

17 planning and development of projects.

18 (b) COMPLIANCE WITH LOCAL REQUIREMENTS.—To the extent the Ad19 ministrator constructs, rehabilitates, alters, or improves any project under

20 this subchapter, the Administrator shall comply with all District of Colum21 bia laws, ordinances, codes, and regulations. Section 8722(d) of this title

22 applies to all construction, rehabilitation, alteration, and improvement of all

23 buildings by the Administrator under this subchapter. Construction, reha24 bilitation, alteration, and improvement of any project by non-Federal Gov25 ernment sources is subject to the District of Columbia Official Code and

26 zoning regulations.

27 § 6716. Reports

28 (a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator of

29 General Services shall transmit comprehensive and detailed reports of the

30 Administrator’s operations, activities, and accomplishments under this sub31 chapter to the President and Congress. The Administrator shall transmit a

32 report to the President each January and to the President and Congress

33 at other times that the Administrator considers desirable.

34 (b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC AND

35 ARCHITECTURAL VALUES.—A report under subsection (a) shall include a

36 detailed discussion of the actions the Administrator has taken in the report37 ing period to protect and enhance the significant historic and architectural

38 values of structures within the boundaries of the Administrator’s jurisdic39 tion under this subchapter and shall indicate similar actions the Adminis40 trator plans to take and issues the Administrator anticipates dealing with

41 during the upcoming fiscal year related to historic and architectural preser-
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1 vation. The report shall indicate the degree to which public concern has

2 been considered and incorporated into decisions the Administrator made rel3 ative to historic and architectural preservation.

4 SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

5 § 6731. Definitions

6 In this subchapter—

7 (1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal

8 Triangle development area’’ means the area bounded as follows:

9 Beginning at a point on the southwest corner of the intersection

10 of Fourteenth Street and Pennsylvania Avenue (formerly E

11 Street), Northwest;

12 thence south along the western side of Fourteenth Street to the

13 northwest corner of the intersection of Fourteenth Street and Con14 stitution Avenue, Northwest;

15 thence east along the northern side of Constitution Avenue to

16 the northeast corner of the intersection of Twelfth Street and Con17 stitution Avenue, Northwest;

18 thence north along the eastern side of Twelfth Street and Con19 stitution Avenue, Northwest;

20 thence north along the eastern side of Twelfth Street to the

21 southeast corner of the intersection of Twelfth Street and Pennsyl22 vania Avenue, Northwest;

23 thence west along the southern side of Pennsylvania Avenue to

24 the point of beginning.

25 (2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle

26 property’’ means—

27 (A) the property owned by the Federal Government in the Dis28 trict of Columbia, known as the ‘‘Great Plaza’’ site, which consists

29 of squares 256, 257, 258, parts of squares 259 and 260, and adja30 cent closed rights-of-way as shown on plate IV of the King Plats

31 of 1803 located in the Office of the Surveyor of the District of

32 Columbia; and

33 (B) except for purposes of section 6733(a) of this title, any

34 property the Pennsylvania Avenue Development Corporation ac35 quired under section 3(b) of the Federal Triangle Development

36 Act (Public Law 100–113, 101 Stat. 736).

37 § 6732. Federal Triangle development area

38 The Federal Triangle development area is deemed to be part of the devel39 opment area described in section 6711 of this title. The Administrator of

40 General Services has the same authority over the Federal Triangle develop41 ment area as over the development area described in section 6711.
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1 § 6733. Federal Triangle property

2 (a) TITLE.—Title to the Federal Triangle property reverts to the Admin3 istrator of General Services not later than the date on which ownership of

4 the Ronald Reagan Building and International Trade Center vests in the

5 Federal Government.

6 (b) NONAPPLICABILITY OF CERTAIN LAWS.—

7 (1) BUILDING PERMITS AND INSPECTION.—For purposes of develop8 ment of the Federal Triangle property, the person selected to develop

9 the property is not subject to any state or local law relating to building

10 permits and inspection.

11 (2) TAXES AND ASSESSMENTS.—The property and improvements to

12 the property are not subject to real and personal property taxation or

13 to special assessments.

14 § 6734. Ronald Reagan Building and International Trade

15 Center

16 (a) ESTABLISHMENT AND DESIGNATION.—The building constructed on

17 the Federal Triangle property shall be known and designated as the Ronald

18 Reagan Building and International Trade Center.

19 (b) TITLE.—The person selected to develop the Federal Triangle property

20 may own the Building for not more than 35 years from the date construc21 tion of the Building began. The title to the Building shall be in the Admin22 istrator of General Services from the date title to the Federal Triangle prop23 erty reverts to the Administrator.

24 (c) LIMITATIONS.—

25 (1) SIZE OF BUILDING.—The Building (including parking facilities)

26 may not exceed 3,100,000 gross square feet in size.

27 (2) HEIGHT OF BUILDING.—The height of the Building shall be

28 compatible with the height of surrounding Federal Government build29 ings.

30 (3) DESIGN.—The Building shall—

31 (A) be designed in harmony with historical and Government

32 buildings in the vicinity;

33 (B) reflect the symbolic importance and historic character of

34 Pennsylvania Avenue and the Nation’s Capital; and

35 (C) represent the dignity and stability of the Government.

36 (d) CONSTRUCTION STANDARDS.—The Building shall meet all standards

37 applicable to construction of a federal building.

38 (e) ACCOUNTING SYSTEM.—The Administrator shall maintain an ac39 counting system for operation and maintenance of the Building which will

40 allow accurate projections of the dates and cost of major repairs, improve41 ments, reconstructions, and replacements of the Building and other capital
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1 expenditures on the Building. The Administrator shall act as necessary to

2 ensure that amounts are available to cover the projected cost and expendi3 tures.

4 (f) LEASE OF BUILDING.—

5 (1) LEASE AGREEMENT.—Under an agreement with the person se6 lected to construct the Ronald Reagan Building and International

7 Trade Center, the Administrator shall lease the Building for federal of8 fice space and the international cultural and trade center space.

9 (2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agree10 ment includes at a minimum the following:

11 (A) LIMIT ON LENGTH OF LEASE.—The Administrator will lease

12 the Building for the period of time that the person selected to con13 struct the Building owns the Building.

14 (B) RENTAL RATE.—The rental rate per square foot of occupi15 able space for all space in the Building will be in the best interest

16 of the Government and will carry out the objectives of this sub17 chapter and the Federal Triangle Development Act (Public Law

18 100–113, 101 Stat. 735). The aggregate rental rate for all space

19 in the Building shall produce an amount at least equal to the

20 amount necessary to amortize the cost of development of the Fed21 eral Triangle property over the life of the lease.

22 (C) OBLIGATION OF AMOUNTS.—Obligation of amounts from

23 the Federal Building Fund shall only be made on an annual basis

24 to meet lease payments.

25 (3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may be ob26 ligated as described in paragraph (2)(C).

27 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.
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1 SUBCHAPTER I—UNION STATION COMPLEX

2 § 6901. Definition

3 In this subchapter, the term ‘‘Union Station complex’’ means real prop4 erty, air rights, and improvements the Secretary of the Interior leased under

5 sections 101–110 of the National Visitors Center Facilities Act of 1968

6 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements

7 made in accordance with this subchapter.

8 § 6902. Assignment of right, title, and interest in the Union

9 Station complex to the Secretary of Transpor10 tation

11 The Secretary of Transportation has the right, title, and interest in and

12 to the Union Station complex, including all agreements and leases made

13 under sections 101–110 of the National Visitors Center Facilities Act of

14 1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of

15 Transportation and the Secretary of the Interior agree, the Secretary of the

16 Interior may lease space for visitor services.

17 § 6903. Agreements and contracts

18 The Secretary of Transportation may make agreements and contracts, ex19 cept an agreement or contract to sell property rights at the Union Station

20 complex, with a person, a federal, regional, or local agency, or the Architect

21 of the Capitol that the Secretary considers necessary or desirable to carry

22 out the purposes of this subchapter.

23 § 6904. Acquisition, maintenance, and use of property

24 (a) ACQUISITION.—The Secretary of Transportation may acquire for the

25 Federal Government an interest in real property (including easements or

26 reservations) and any other property interest (including contract rights) in

27 or relating or adjacent to the Union Station complex that the Secretary con28 siders necessary to carry out the purposes of this subchapter.

29 (b) MAINTENANCE AND USE.—The Secretary may maintain, use, operate,

30 manage, and lease, either directly, by contract, or through development

31 agreements, any property interest the Secretary holds or acquires for the

32 Government under this subchapter in the manner and subject to the terms,

33 conditions, covenants, and easements that the Secretary considers necessary

34 or desirable to carry out the purposes of this subchapter.

35 § 6905. Service on board of directors of Union Station Rede36 velopment Corporation

37 To further the rehabilitation, redevelopment, and operation of the Union

38 Station complex, the Secretary of Transportation and the Administrator of

39 the Federal Railroad Administration may serve as ex officio members of the

40 board of directors of the Union Station Redevelopment Corporation.
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1 § 6906. Union Station Fund

2 (a) ESTABLISHMENT.—There is a special deposit account in the Treasury

3 known as the ‘‘Union Station Fund’’, which shall be administered as a re4 volving fund.

5 (b) CONTENT.—The account shall be credited with receipts of the Sec6 retary of Transportation from activities authorized by this subchapter.

7 (c) USE OF AMOUNTS.—The Secretary may use income and proceeds re8 ceived from activities authorized by this subchapter, including operating and

9 leasing income and payments made to the Federal Government under devel10 opment agreements, to pay expenses the Secretary incurs in carrying out

11 the purposes of this subchapter, including construction, acquisition, leasing,

12 operation, and maintenance expenses and payments made to developers

13 under development agreements.

14 (d) AVAILABILITY OF AMOUNTS.—The balance in the account is available

15 in amounts specified in annual appropriation laws for making expenditures

16 authorized by this subchapter.

17 § 6907. Use of other appropriated amounts

18 (a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of Trans19 portation may use amounts appropriated under section 24909(a)(2)(A) of

20 title 49 to carry out the purposes of this subchapter.

21 (b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated

22 under section 24909 of title 49 may not be used for design, construction,

23 or operation of a heliport at or near Union Station.

24 § 6908. Parking facility

25 (a) TITLE.—The Federal Government has the right, title, and interest in

26 and to the parking facility at Union Station.

27 (b) FEES.—The rate of fees charged for use of the facility may exceed

28 the rate required for maintenance and operation of the facility. The rate

29 shall be established in a manner that encourages use of the facility by rail

30 passengers and participants in activities in the Union Station complex and

31 area.

32 § 6909. Supplying steam or chilled water to Union Station

33 complex

34 The Architect of the Capitol may make agreements with the Secretary of

35 Transportation to furnish steam, chilled water, or both from the Capitol

36 Power Plant to the Union Station complex, at no expense to the legislative

37 branch.

38 § 6910. Authorization of appropriations

39 Amounts necessary to meet lease and other obligations, including mainte40 nance requirements, incurred by the Secretary of the Interior and assigned
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1 to the Secretary of Transportation under this subchapter may be appro2 priated to the Secretary of Transportation.

3 SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY

4 COMMISSION

5 § 6921. Establishment, composition, and meetings

6 (a) ESTABLISHMENT.—There is a National Visitor Facilities Advisory

7 Commission.

8 (b) COMPOSITION.—

9 (1) MEMBERSHIP.—The Commission is composed of—

10 (A) the Secretary of the Interior;

11 (B) the Administrator of General Services;

12 (C) the Secretary of the Smithsonian Institution;

13 (D) the Chairman of the National Capital Planning Commis14 sion;

15 (E) the Chairman of the Commission of Fine Arts;

16 (F) six Members of the Senate, three from each party, to be ap17 pointed by the President of the Senate;

18 (G) six Members of the House of Representatives, three from

19 each party, to be appointed by the Speaker of the House of Rep20 resentatives; and

21 (H) three individuals appointed by the President, at least two

22 of whom shall not be officers of the Federal Government, and one

23 member of whom shall be a representative of the District of Co24 lumbia government.

25 (2) CHAIRMAN.—The Secretary of the Interior serves as the Chair26 man of the Commission.

27 (3) SERVICE OF NON-FEDERAL MEMBERS.—Non-federal members

28 serve at the pleasure of the President.

29 (c) MEETINGS.—The Commission shall meet at the call of the Chairman.

30 § 6922. Duties

31 (a) IN GENERAL.—The National Visitor Facilities Advisory Commission

32 shall—

33 (1) conduct continuing investigations and studies of sites and plans

34 to provide additional facilities and services for visitors and students

35 coming to the Nation’s Capital; and

36 (2) advise the Secretary of the Interior and the Administrator of

37 General Services on the planning, construction, acquisition, and oper38 ation of those visitor facilities.

39 (b) STAFF AND FACILITIES.—The Director of the National Park Service,

40 in consultation with the Administrator, shall provide the necessary staff and
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1 facilities to assist the Commission in carrying out its duties under this sub2 chapter.

3 § 6923. Compensation and expenses

4 Members of the National Visitor Facilities Advisory Commission who are

5 not officers or employees of the Federal Government or the government of

6 the District of Columbia are entitled to receive compensation under section

7 3109 of title 5 and expenses under section 5703 of title 5.

8 § 6924. Reports and recommendations

9 The National Visitor Facilities Advisory Commission shall report to the

10 Secretary of the Interior and the Administrator of General Services the re11 sults of its studies and investigations. A report recommending additional fa12 cilities for visitors shall include the Commission’s recommendations as to

13 sites for the facilities to be provided, preliminary plans, specifications, and

14 architectural drawings for the facilities, and the estimated cost of the rec15 ommended sites and facilities.

16 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS

17 IN THE DISTRICT OF COLUMBIA

18 CHAPTER 81—ADMINISTRATIVE

SUBCHAPTER I—GENERAL

Sec.

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

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

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

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

grounds.

8105. Approval by Administrator of General Services.

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

8107. Advertisements and sales in or around Washington Monument.

8108. Use of public buildings for public ceremonies.

SUBCHAPTER II—JURISDICTION

8121. Improper appropriation of streets.

8122. Jurisdiction over portion of Constitution Avenue.

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

of District of Columbia.

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

8125. Public spaces resulting from filling of canals.

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

8127. Part of Washington Aqueduct for playground purposes.

SUBCHAPTER III—SERVICES FOR FACILITIES

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

8142. Rent of other buildings.

8143. Heat.

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

SUBCHAPTER IV—MISCELLANEOUS

8161. Reservation of parking spaces for Members of Congress.

8162. Ailanthus trees prohibited.

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

8164. E. Barrett Prettyman United States Courthouse.

8165. Services for Office of Personnel Management.
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1 SUBCHAPTER I—GENERAL

2 § 8101. Supervision of public buildings and grounds in Dis3 trict of Columbia not otherwise provided for by

4 law

5 (a) IN GENERAL.—Under regulations the President prescribes, the Ad6 ministrator of General Services shall have charge of the public buildings and

7 grounds in the District of Columbia, except those buildings and grounds

8 which otherwise are provided for by law.

9 (b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or the of10 ficer under the direction of the Administrator who is in immediate charge

11 of those public buildings and grounds, decides that an individual is unlaw12 fully occupying any part of that public land, the Administrator or officer

13 in charge shall notify the United States marshal for the District of Colum14 bia in writing of the unlawful occupation.

15 (c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser

16 ejected from the public land and shall restore possession of the land to the

17 officer charged by law with the custody of the land.

18 § 8102. Protection of Federal Government buildings in Dis19 trict of Columbia

20 The Attorney General and the Secretary of the Treasury may prohibit—

21 (1) a vehicle from parking or standing on a street or roadway adja22 cent to a building in the District of Columbia—

23 (A) at least partly owned or possessed by, or leased to, the Fed24 eral Government; and

25 (B) used by law enforcement authorities subject to their juris26 diction; and

27 (2) a person or entity from conducting business on property imme28 diately adjacent to a building described in paragraph (1).

29 § 8103. Application of District of Columbia laws to public

30 buildings and grounds

31 (a) APPLICATION OF LAWS.—Laws and regulations of the District of Co32 lumbia for the protection of public or private property and the preservation

33 of peace and order are extended to all public buildings and public grounds

34 belonging to the Federal Government in the District of Columbia.

35 (b) PENALTIES.—A person shall be fined under title 18, imprisoned for

36 not more than six months, or both if the person—

37 (1) is guilty of disorderly and unlawful conduct in or about those

38 public buildings or public grounds;

39 (2) willfully injures the buildings or shrubs;

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

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

2 or

3 (5) removes any stone, gravel, sand, or other property of the Govern4 ment, or any other part of the public grounds or lots belonging to the

5 Government in the District of Columbia.

6 § 8104. Regulation of private and semipublic buildings adja7 cent to public buildings and grounds

8 (a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con9 stitution respecting the establishment of the seat of the National Govern10 ment, the duties it imposed on Congress in connection with establishing the

11 seat of the National Government, and the solicitude shown and the efforts

12 exerted by President Washington in the planning and development of the

13 Capital City, the development should proceed along the lines of good order,

14 good taste, and with due regard to the public interests involved, and a rea15 sonable degree of control should be exercised over the architecture of private

16 or semipublic buildings adjacent to public buildings and grounds of major

17 importance.

18 (b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The

19 Mayor of the District of Columbia shall submit to the Commission on Fine

20 Arts an application for a permit to erect or alter any building, a part of

21 which fronts or abuts on the grounds of the Capitol, the grounds of the

22 White House, the part of Pennsylvania Avenue extending from the Capitol

23 to the White House, Lafayette Park, Rock Creek Park, the Zoological Park,

24 the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park

25 System and public buildings adjacent to the System, or abuts on any street

26 bordering any of those grounds or parks, so far as the plans relate to height

27 and appearance, color, and texture of the materials of exterior construction.

28 (c) REPORT TO MAYOR.—The Commission shall report promptly its rec29 ommendations to the Mayor, including any changes the Commission decides

30 are necessary to prevent reasonably avoidable impairment of the public val31 ues belonging to the public building or park. If the Commission fails to re32 port its approval or disapproval of a plan within 30 days, the report is

33 deemed approved and a permit may be issued.

34 (d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de35 cides is necessary to effect reasonable compliance with the recommendation

36 under subsection (c).

37 § 8105. Approval by Administrator of General Services

38 Subject to applicable provisions of existing law relating to the functions

39 in the District of Columbia of the National Capital Planning Commission

40 and the Commission of Fine Arts, only the Administrator of General Serv41 ices is required to approve sketches, plans, and estimates for buildings to
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1 be constructed by the Administrator, except that the Administrator and the

2 United States Postal Service must approve buildings designed for post-office

3 purposes.

4 § 8106. Buildings on reservations, parks, or public grounds

5 A building or structure shall not be erected on any reservation, park, or

6 public grounds of the Federal Government in the District of Columbia with7 out express authority of Congress.

8 § 8107. Advertisements and sales in or around Washington

9 Monument

10 Except on the written authority of the Director of the National Park

11 Service, advertisements of any kind shall not be displayed, and articles of

12 any kind shall not be sold, in or around the Washington Monument.

13 § 8108. Use of public buildings for public ceremonies

14 Except as expressly authorized by law, public buildings in the District of

15 Columbia (other than the Capitol Building and the White House), and the

16 approaches to those public buildings, shall not be used or occupied in con17 nection with ceremonies for the inauguration of the President or other pub18 lic functions.

19 SUBCHAPTER II—JURISDICTION

20 § 8121. Improper appropriation of streets

21 (a) AUTHORITY.—The Secretary of the Interior shall—

22 (1) prevent the improper appropriation or occupation of any public

23 street, avenue, square, or reservation in the District of Columbia that

24 belongs to the Federal Government;

25 (2) reclaim the street, avenue, square, or reservation if unlawfully

26 appropriated;

27 (3) prevent the erection of any permanent building on property re28 served to or for the use of the Government, unless plainly authorized

29 by law; and

30 (4) report to Congress at the beginning of each session on the Sec31 retary’s proceedings in the premises, together with a full statement of

32 all property described in this subsection, and how, and by what author33 ity, the property is occupied or claimed.

34 (b) APPLICATION.—This section does not interfere with the temporary

35 and proper occupation of any part of the property described in subsection

36 (a), by lawful authority, for the legitimate purposes of the Government.

37 § 8122. Jurisdiction over portion of Constitution Avenue

38 The Director of the National Park Service has jurisdiction over that part

39 of Constitution Avenue west of Virginia Avenue that was under the control

40 of the Commissioners of the District of Columbia prior to May 27, 1908.
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1 § 8123. Record of transfer of jurisdiction between Director

2 of National Park Service and Mayor of District of

3 Columbia

4 When in accordance with law or mutual legal agreement, spaces or por5 tions of public land are transferred between the jurisdiction of the Director

6 of the National Park Service, as established by the Act of July 1, 1898 (ch.

7 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters

8 of transfer and acceptance exchanged between them are sufficient authority

9 for the necessary change in the official maps and for record when necessary.

10 § 8124. Transfer of jurisdiction between Federal and District

11 of Columbia authorities

12 (a) TRANSFER OF JURISDICTION.—Federal and District of Columbia au13 thorities administering properties in the District that are owned by the Fed14 eral Government or by the District may transfer jurisdiction over any part

15 of the property among or between themselves for purposes of administration

16 and maintenance under conditions the parties agree on. The National Cap17 ital Planning Commission shall recommend the transfer before it is com18 pleted.

19 (b) REPORT TO CONGRESS.—The District authorities shall report all

20 transfers and agreements to Congress.

21 (c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any

22 law in effect on May 20, 1932, which authorized the transfer of jurisdiction

23 of certain land among and between federal and District authorities.

24 § 8125. Public spaces resulting from filling of canals

25 The Director of the National Park Service has jurisdiction over all public

26 spaces resulting from the filling of canals in the original city of Washington

27 that were not under the jurisdiction of the Chief of Engineers of the United

28 States Army as of August 1, 1914, except spaces included in the navy yard

29 or in actual use as roadways and sidewalks and spaces assigned by law to

30 the District of Columbia for use as a property yard and the location of a

31 sewage pumping station. The spaces shall be laid out as reservations as a

32 part of the park system of the District of Columbia.

33 § 8126. Temporary occupancy of Potomac Park by Secretary

34 of Agriculture

35 (a) NOT MORE THAN 75 ACRES.—The Director of the National Park

36 Service may allow the Secretary of Agriculture to temporarily occupy as a

37 testing ground not more than 75 acres of Potomac Park not needed in any

38 one season for reclamation or park improvement. The Secretary shall vacate

39 the area at the close of any season on the request of the Director.
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1 (b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does

2 not change the essential character of the land used, which shall continue

3 to be a public park under the charge of the Director.

4 § 8127. Part of Washington Aqueduct for playground pur5 poses

6 (a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia

7 has possession, control, and jurisdiction of the land of the Washington Aq8 ueduct adjacent to the Champlain Avenue pumping station and lying outside

9 of the fence around the pumping station as it—

10 (1) existed on August 31, 1918; and

11 (2) was transferred by the Chief of Engineers for playground pur12 poses.

13 (b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This

14 section does not affect the superintendence and control of the Secretary of

15 the Army over the Washington Aqueduct and the rights, appurtenances, and

16 fixtures connected with the Aqueduct.

17 SUBCHAPTER III—SERVICES FOR FACILITIES

18 § 8141. Contract to rent buildings in the District of Colum19 bia not to be made until appropriation enacted

20 A contract shall not be made for the rent of a building, or part of a build21 ing, to be used for the purposes of the Federal Government in the District

22 of Columbia until Congress enacts an appropriation for the rent. This sec23 tion is deemed to be notice to all contractors or lessors of the building or

24 a part of the building.

25 § 8142. Rent of other buildings

26 An executive department of the Federal Government renting a building

27 for public use in the District of Columbia may rent a different building in28 stead if it is in the public interest to do so. This section does not authorize

29 an increase in the number of buildings in use or in the amount paid for

30 rent.

31 § 8143. Heat

32 (a) CORCORAN GALLERY OF ART.—The Administrator of General Serv33 ices may furnish heat from the central heating plant to the Corcoran Gal34 lery of Art, if the Corcoran Gallery of Art agrees to—

35 (1) pay for heat furnished at rates the Administrator determines;

36 and

37 (2) connect the building with the Federal Government mains in a

38 manner satisfactory to the Administrator.

39 (b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The

40 Administrator may furnish steam from the central heating plant for the use

41 of the Board of Governors of the Federal Reserve System on the property
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1 which the Board acquired in squares east of 87 and east of 88 in the Dis2 trict of Columbia if the Board agrees to—

3 (1) pay for the steam furnished at reasonable rates the Adminis4 trator determines but that are at least equal to cost; and

5 (2) provide the necessary connections with the Government mains at

6 its own expense and in a manner satisfactory to the Administrator.

7 (c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall deter8 mine the rates to be paid for steam furnished to the Corcoran Gallery of

9 Art, the Pan American Union Buildings, the American Red Cross Buildings,

10 and other non-federal public buildings authorized to receive steam from the

11 central heating plant.

12 § 8144. Delivery of fuel for use during ensuing fiscal year

13 During April, May, and June of each year, the Administrator of General

14 Services may deliver to all branches of the Federal Government and the gov15 ernment of the District of Columbia as much fuel for their use during the

16 following fiscal year as may be practicable to store at the points of con17 sumption. The branches of the Federal Government and the government of

18 the District of Columbia shall pay for the fuel from their applicable appro19 priations for that fiscal year.

20 SUBCHAPTER IV—MISCELLANEOUS

21 § 8161. Reservation of parking spaces for Members of Con22 gress

23 The Council of the District of Columbia shall designate, reserve, and

24 properly mark appropriate and sufficient parking spaces on the streets adja25 cent to all public buildings in the District for the use of Members of Con26 gress engaged in public business.

27 § 8162. Ailanthus trees prohibited

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

29 grounds.

30 § 8163. Use of greenhouses and nursery for trees, shrubs,

31 and plants

32 The greenhouses and nursery shall be used only for the propagation of

33 trees, shrubs, and plants suitable for planting in the public reservations.

34 Only those trees, shrubs, and plants shall be planted in the public reserva35 tions.

36 § 8164. E. Barrett Prettyman United States Courthouse

37 (a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte38 nance, and repair of the E. Barrett Prettyman United States Courthouse,

39 used by the United States Court of Appeals for the District of Columbia

40 and the United States District Court for the District of Columbia, is under

41 the control of the Administrator of General Services.
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1 (b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse

2 is vested in the chief judge of the United States Court of Appeals for the

3 District of Columbia and the chief judge of the United States District Court

4 for the District of Columbia.

5 § 8165. Services for Office of Personnel Management

6 For carrying out the work of the Director of the Office of Personnel Man7 agement and the examinations provided for in sections 3304 and 3305 of

8 title 5, the Administrator of General Services shall—

9 (1) assign or provide suitable and convenient rooms and accommoda10 tions, which are furnished, heated, and lighted, in Washington, D.C.;

11 (2) supply necessary stationery and other articles; and

12 (3) arrange for or provide necessary printing.

13 CHAPTER 83—WASHINGTON METROPOLITAN REGION

14 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.

15 § 8301. Definition

16 In this chapter, the term ‘‘Washington metropolitan region’’ includes the

17 District of Columbia, the counties of Montgomery and Prince Georges in

18 Maryland, and the counties of Arlington and Fairfax and the cities of Alex19 andria and Falls Church in Virginia.

20 § 8302. Necessity for coordination in the development of the

21 Washington metropolitan region

22 Because the District of Columbia is the seat of the Federal Government

23 and has become the urban center of a rapidly expanding Washington metro24 politan region, the necessity for the continued and effective performance of

25 the functions of the Government in the District of Columbia, the general

26 welfare of the District of Columbia, the health and living standards of the

27 people residing or working in the District of Columbia, and the conduct of

28 industry, trade, and commerce in the District of Columbia require that to

29 the fullest extent possible the development of the District of Columbia and

30 the management of its public affairs, and the activities of the departments,

31 agencies, and instrumentalities of the Government which may be carried out

32 in, or in relation to, the other areas of the Washington metropolitan region,

33 shall be coordinated with the development of those other areas and with the

34 management of their public affairs so that, with the cooperation and assist35 ance of those other areas, all of the areas in the Washington metropolitan

36 area shall be developed and their public affairs shall be managed so as to

37 contribute effectively toward the solution of the community development
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1 problems of the Washington metropolitan region on a unified metropolitan

2 basis.

3 § 8303. Declaration of policy of coordinated development

4 and management

5 The policy to be followed for the attainment of the objective established

6 by section 8302 of this title, and for the more effective exercise by Congress,

7 the executive branch of the Federal Government, the Mayor of the District

8 of Columbia, and all other officers, agencies, and instrumentalities of the

9 District of Columbia of their respective functions, powers, and duties in re10 spect of the Washington metropolitan region, shall be that the functions,

11 powers, and duties shall be exercised and carried out in a manner that (with

12 proper recognition of the sovereignty of Maryland and Virginia in respect

13 of those areas of the Washington metropolitan region that are located within

14 their respective jurisdictions) will best facilitate the attainment of the co15 ordinated development of the areas of the Washington metropolitan area

16 and the coordinated management of their public affairs so as to contribute

17 effectively to the solution of the community development problems of the

18 Washington metropolitan region on a unified metropolitan basis.

19 § 8304. Priority projects

20 In carrying out the policy pursuant to section 8303 of this title for the

21 attainment of the objective established by section 8302 of this title, priority

22 should be given to the solution, on a unified metropolitan basis, of the prob23 lems of water supply, sewage disposal, and water pollution and transpor24 tation.

25 CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND

26 DIRECTOR

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

27 § 8501. National Capital Service Area

28 (a) ESTABLISHMENT.—

29 (1) BOUNDARIES.—The National Capital Service Area is in the Dis30 trict of Columbia and includes the principal federal monuments, the

31 White House, the Capitol Building, the United States Supreme Court

32 Building, and the federal executive, legislative, and judicial office build33 ings located adjacent to the Mall and the Capitol Building, and is more

34 particularly described as the area bounded as follows:

35 Beginning at that point on the present Virginia-District of Co36 lumbia boundary due west of the northernmost point of Theodore

37 Roosevelt Island and running due east to the eastern shore of the

38 Potomac River;
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1 thence generally south along the shore at the mean high water

2 mark to the northwest corner of the Kennedy Center;

3 thence east along the northern side of the Kennedy Center to

4 a point where it reaches the E Street Expressway;

5 thence east on the expressway to E Street Northwest and

6 thence east on E Street Northwest to Eighteenth Street North7 west;

8 thence south on Eighteenth Street Northwest to Constitution

9 Avenue Northwest;

10 thence east on Constitution Avenue to Seventeenth Street

11 Northwest;

12 thence north on Seventeenth Street Northwest to Pennsylvania

13 Avenue Northwest;

14 thence east on Pennsylvania Avenue to Jackson Place North15 west;

16 thence north on Jackson Place to H Street Northwest;

17 thence east on H Street Northwest to Madison Place Northwest;

18 thence south on Madison Place Northwest to Pennsylvania Ave19 nue Northwest;

20 thence east on Pennsylvania Avenue Northwest to Fifteenth

21 Street Northwest;

22 thence south on Fifteenth Street Northwest to Pennsylvania Av23 enue Northwest;

24 thence southeast on Pennsylvania Avenue Northwest to John

25 Marshall Place Northwest;

26 thence north on John Marshall Place Northwest to C Street

27 Northwest;

28 thence east on C Street Northwest to Third Street Northwest;

29 thence north on Third Street Northwest to D Street Northwest;

30 thence east on D Street Northwest to Second Street Northwest;

31 thence south on Second Street Northwest to the intersection of

32 Constitution Avenue Northwest and Louisiana Avenue Northwest;

33 thence northeast on Louisiana Avenue Northwest to North Cap34 itol Street;

35 thence north on North Capitol Street to Massachusetts Avenue

36 Northwest;

37 thence southeast on Massachusetts Avenue Northwest so as to

38 encompass Union Square;

39 thence following Union Square to F Street Northeast;

40 thence east on F Street Northeast to Second Street Northeast;

41 thence south on Second Street Northeast to D Street Northeast;
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1 thence west on D Street Northeast to First Street Northeast;

2 thence south on First Street Northeast to Maryland Avenue

3 Northeast;

4 thence generally north and east on Maryland Avenue to Second

5 Street Northeast;

6 thence south on Second Street Northeast to C Street Southeast;

7 thence west on C Street Southeast to New Jersey Avenue

8 Southeast;

9 thence south on New Jersey Avenue Southeast to D Street

10 Southeast;

11 thence west on D Street Southeast to Canal Street Parkway;

12 thence southeast on Canal Street Parkway to E Street South13 east;

14 thence west on E Street Southeast to the intersection of Wash15 ington Avenue Southwest and South Capitol Street;

16 thence northwest on Washington Avenue Southwest to Second

17 Street Southwest;

18 thence south on Second Street Southwest to Virginia Avenue

19 Southwest;

20 thence generally west on Virginia Avenue to Third Street South21 west;

22 thence north on Third Street Southwest to C Street Southwest;

23 thence west on C Street Southwest to Sixth Street Southwest;

24 thence north on Sixth Street Southwest to Independence Ave25 nue;

26 thence west on Independence Avenue to Twelfth Street South27 west;

28 thence south on Twelfth Street Southwest to D Street South29 west;

30 thence west on D Street Southwest to Fourteenth Street South31 west;

32 thence south on Fourteenth Street Southwest to the middle of

33 the Washington Channel;

34 thence generally south and east along the mid-channel of the

35 Washington Channel to a point due west of the northern boundary

36 line of Fort Lesley McNair;

37 thence due east to the side of the Washington Channel;

38 thence following generally south and east along the side of the

39 Washington Channel at the mean high water mark, to the point

40 of confluence with the Anacostia River, and along the northern
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1 shore at the mean high water mark to the northern most point

2 of the Eleventh Street Bridge;

3 thence generally south and east along the northern side of the

4 Eleventh Street Bridge to the eastern shore of the Anacostia

5 River;

6 thence generally south and west along such shore at the mean

7 high water mark to the point of confluence of the Anacostia and

8 Potomac Rivers;

9 thence generally south along the eastern shore at the mean high

10 water mark of the Potomac River to the point where it meets the

11 present southeastern boundary line of the District of Columbia;

12 thence south and west along such southeastern boundary line to

13 the point where it meets the present Virginia-District of Columbia

14 boundary;

15 thence generally north and west up the Potomac River along the

16 Virginia-District of Columbia boundary to the point of beginning.

17 (2) STREETS AND SIDEWALKS INCLUDED.—Where the area in para18 graph (1) is bounded by a street, the street, and any sidewalk of the

19 street, are included in the area.

20 (3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA

21 DEEMED TO BE IN THE AREA.—Federal real property that on Decem22 ber 24, 1973, affronted or abutted the area described in paragraph (1)

23 is deemed to be in the area. For the purposes of this paragraph, federal

24 real property affronting or abutting the area described in paragraph

25 (1)—

26 (A) is deemed to include Fort Lesley McNair, the Washington

27 Navy Yard, the Anacostia Naval Annex, the United States Naval

28 Station, Bolling Air Force Base, and the Naval Research Labora29 tory; and

30 (B) does not include any area situated outside of the District

31 of Columbia boundary as it existed immediately prior to December

32 24, 1973, any part of the Anacostia Park situated east of the

33 northern side of the Eleventh Street Bridge, or any part of the

34 Rock Creek Park.

35 (b) APPLICABILITY OF OTHER PROVISIONS.—

36 (1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT

37 AFFECTED.— Except to the extent specifically provided by this section,

38 this section does not—

39 (A) apply to the United States Capitol Buildings and Grounds

40 as defined and described in sections 5101 and 5102, any other

41 buildings and grounds under the care of the Architect of the Cap-
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1 itol, the Supreme Court Building and grounds as described in sec2 tion 6101 of this title, and the Library of Congress buildings and

3 grounds as defined in section 11 of the Act of August 4, 1950 (2

4 U.S.C. 167j); and

5 (B) repeal, amend, alter, modify, or supersede—

6 (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of

7 the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any

8 other general law of the United States, any law enacted by

9 Congress and applicable exclusively to the District of Colum10 bia, or any rule or regulation prescribed pursuant to any of

11 those provisions, that was in effect on January 1, 1975, and

12 that pertained to those buildings and grounds; or

13 (ii) any authority which existed on December 24, 1973,

14 with respect to those buildings and grounds and was vested

15 on January 1, 1975, in the Senate, the House of Representa16 tives, Congress, any committee, commission, or board of the

17 Senate, the House of Representatives, or Congress, the Archi18 tect of the Capitol or any other officer of the legislative

19 branch, the Chief Justice of the United States, the Marshal

20 of the Supreme Court, or the Librarian of Congress.

21 (2) CONTINUED APPLICATION OF LAWS, REGULATIONS, AND

22 RULES.—Except to the extent otherwise specifically provided in this

23 section, all general laws of the United States and all laws enacted by

24 the Congress and applicable exclusively to the District of Columbia, in25 cluding regulations and rules prescribed pursuant to any of those laws,

26 that were in effect on January 1, 1975, and which applied to and in

27 the areas included in the National Capital Service Area pursuant to

28 this section continue to be applicable to and in the National Capital

29 Service Area in the same manner and to the same extent as if this sec30 tion had not been enacted and remain applicable until repealed, amend31 ed, altered, modified, or superseded.

32 (c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,

33 any service or facility authorized by the District of Columbia Home Rule

34 Act (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (includ35 ing maintenance of streets and highways, and services under section 1537

36 of title 31) shall be made available to the Senate, the House of Representa37 tives, Congress, any committee, commission, or board of the Senate, the

38 House of Representatives, or Congress, the Architect of the Capitol, any

39 other officer of the legislative branch who on January 1, 1975, was vested

40 with authority over those buildings and grounds, the Chief Justice of the

41 United States, the Marshal of the Supreme Court, and the Librarian of
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1 Congress on their request. If payment would be required for the rendition

2 or furnishing of a similar service or facility to any other federal agency, the

3 recipient, on presentation of proper vouchers and as agreed on by the par4 ties, shall pay for the service or facility in advance or by reimbursement.

5 (d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI6 DENCY.—An individual may not be denied the right to vote or otherwise

7 participate in any manner in any election in the District of Columbia solely

8 because the individual resides in the National Capital Service Area.

9 § 8502. National Capital Service Director

10 (a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive

11 Office of the President the National Capital Service Director who shall be

12 appointed by the President. The Director shall receive compensation at the

13 maximum rate established for level IV of the Executive Schedule under sec14 tion 5314 of title 5.

15 (b) PERSONNEL.—The Director may appoint and fix the rate of com16 pensation of necessary personnel, subject to chapters 33 and 51 and sub17 chapter III of chapter 53 of title 5.

18 (c) DUTIES.—

19 (1) PRESIDENT.—The President, through the Director and using

20 District of Columbia governmental services to the extent practicable,

21 shall ensure that there is provided in the area described in section

22 8501(a) of this title adequate fire protection and sanitation services.

23 (2) DIRECTOR.—Except with respect to that part of the National

24 Capital Service Area comprising the United States Capitol Buildings

25 and Grounds as defined and described in sections 5101 and 5102, the

26 Supreme Court Building and grounds as described in section 6101 of

27 this title, and the Library of Congress buildings and grounds as defined

28 in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Direc29 tor shall ensure that there is provided in the remainder of the area de30 scribed in section 8501(a) of this title adequate police protection and

31 maintenance of streets and highways.

32 CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL

33 CAPITAL REGION

SUBCHAPTER I—GENERAL

Sec.

8701. Findings and purposes.

8702. Definitions.

SUBCHAPTER II—PLANNING AGENCIES

8711. National Capital Planning Commission.

8712. Mayor of the District of Columbia.

SUBCHAPTER III—PLANNING PROCESS

8721. Comprehensive plan for the National Capital.

8722. Proposed federal and district developments and projects.

8723. Capital improvements.

8724. Zoning regulations and maps.
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8725. Recommendations on platting and subdividing land.

8726. Authorization of appropriations.

SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

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

8732. Acquiring land subject to limited rights reserved to grantor and limited permanent

rights in land adjoining park property.

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

8734. Sale of land by Mayor.

8735. Sale of land by Secretary of the Interior.

8736. Execution of deeds.

8737. Authorization of appropriations.

1 SUBCHAPTER I—GENERAL

2 § 8701. Findings and purposes

3 (a) FINDINGS.—Congress finds that—

4 (1) the location of the seat of government in the District of Colum5 bia has brought about the development of a metropolitan region extend6 ing well into adjoining territory in Maryland and Virginia;

7 (2) effective comprehensive planning is necessary on a regional basis

8 and of continuing importance to the federal establishment;

9 (3) the distribution of federal installations throughout the region has

10 been and will continue to be a major influence in determining the ex11 tent and character of development;

12 (4) there is needed a central planning agency for the National Cap13 ital region to coordinate certain developmental activities of the many

14 different agencies of the Federal and District of Columbia Govern15 ments so that those activities may conform with general objectives;

16 (5) there is an increasing mutuality of interest and responsibility be17 tween the various levels of government that calls for coordinate and

18 unified policies in planning both federal and local development in the

19 interest of order and economy;

20 (6) there are developmental problems of an interstate character, the

21 planning of which requires collaboration between federal, state, and

22 local governments in the interest of equity and constructive action; and

23 (7) the instrumentalities and procedures provided in this chapter will

24 aid in providing Congress with information and advice requisite to leg25 islation.

26 (b) PURPOSES.—

27 (1) IN GENERAL.—The purposes of this chapter (except sections

28 8733–8736) are—

29 (A) to secure comprehensive planning for the physical develop30 ment of the National Capital and its environs;

31 (B) to provide for the participation of the appropriate planning

32 agencies of the environs in the planning; and
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1 (C) to establish the agency and procedures requisite to the ad2 ministration of the functions of the Federal and District Govern3 ments related to the planning.

4 (2) OBJECTIVE.—The general objective of this chapter (except sec5 tions 8733–8736) is to enable appropriate agencies to plan for the de6 velopment of the federal establishment at the seat of government in a

7 manner—

8 (A) consistent with the nature and function of the National

9 Capital and with due regard for the rights and prerogatives of the

10 adjoining States and local governments to exercise control appro11 priate to their functions; and

12 (B) which will, in accordance with present and future needs,

13 best promote public health, safety, morals, order, convenience,

14 prosperity, and the general welfare, as well as efficiency and econ15 omy in the process of development.

16 § 8702. Definitions

17 In this chapter—

18 (1) ENVIRONS.—The term ‘‘environs’’ means the territory sur19 rounding the District of Columbia included in the National Capital re20 gion.

21 (2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means the

22 District of Columbia and territory the Federal Government owns in the

23 environs.

24 (3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital re25 gion’’ means—

26 (A) the District of Columbia;

27 (B) Montgomery and Prince Georges Counties in Maryland;

28 (C) Arlington, Fairfax, Loudoun, and Prince William Counties

29 in Virginia; and

30 (D) all cities in Maryland or Virginia in the geographic area

31 bounded by the outer boundaries of the combined area of the

32 counties listed in subparagraphs (B) and (C).

33 (4) PLANNING AGENCY.—The term ‘‘planning agency’’ means any

34 city, county, bi-county, part-county, or regional planning agency au35 thorized under state and local laws to make and adopt comprehensive

36 plans.

37 SUBCHAPTER II—PLANNING AGENCIES

38 § 8711. National Capital Planning Commission

39 (a) ESTABLISHMENT AND PURPOSE.—The National Capital Planning

40 Commission is the central federal planning agency for the Federal Govern41 ment in the National Capital, created to preserve the important historical
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1 and natural features of the National Capital, except for the United States

2 Capitol Buildings and Grounds (as defined and described in sections 5101

3 and 5102), any extension of, or additions to, those Buildings and Grounds,

4 and buildings and grounds under the care of the Architect of the Capitol.

5 (b) COMPOSITION.—

6 (1) MEMBERSHIP.—The National Capital Planning Commission is

7 composed of—

8 (A) ex officio, the Secretary of the Interior, the Secretary of De9 fense, the Administrator of General Services, the Mayor of the

10 District of Columbia, the Chairman of the Council of the District

11 of Columbia, the chairman of the Committee on Governmental Af12 fairs of the Senate, and the chairman of the Committee on Gov13 ernment Reform of the House of Representatives, or an alternate

14 any of those individuals designates; and

15 (B) five citizens with experience in city or regional planning,

16 three of whom shall be appointed by the President and two of

17 whom shall be appointed by the Mayor.

18 (2) RESIDENCY REQUIREMENT.—The citizen members appointed by

19 the Mayor shall be residents of the District of Columbia. Of the three

20 appointed by the President, at least one shall be a resident of Virginia

21 and at least one shall be a resident of Maryland.

22 (3) TERMS.—An individual appointed by the President serves for six

23 years. An individual appointed by the Mayor serves for four years. An

24 individual appointed to fill a vacancy shall be appointed only for the

25 unexpired term of the individual being replaced.

26 (4) PAY AND EXPENSES.—Citizen members are entitled to $100 a

27 day when performing duties vested in the Commission and to reim28 bursement for necessary expenses incurred in performing those duties.

29 (c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair30 man of the National Capital Planning Commission. The Commission may

31 elect from among its members other officers as it considers desirable.

32 (d) PERSONNEL.—The National Capital Planning Commission may em33 ploy a Director, an executive officer, and other technical and administrative

34 personnel as it considers necessary. Without regard to section 3709 of the

35 Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and

36 subchapter III of chapter 53, of title 5, the Commission may employ, by

37 contract or otherwise, the temporary or intermittent (not more than one

38 year) services of city planners, architects, engineers, appraisers, and other

39 experts or organizations of experts, as may be necessary to carry out its

40 functions. The Commission shall fix the rate of compensation so as not to

41 exceed the rate usual for similar services.
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1 (e) PRINCIPAL DUTIES.—The principal duties of the National Capital

2 Planning Commission include—

3 (1) preparing, adopting, and amending a comprehensive plan for the

4 federal activities in the National Capital and making related rec5 ommendations to the appropriate developmental agencies; and

6 (2) serving as the central planning agency for the Government within

7 the National Capital region and reviewing the development programs

8 of the developmental agencies to advise as to consistency with the com9 prehensive plan.

10 (f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na11 tional Capital Planning Commission shall carry out all other functions, pow12 ers, and duties of the National Capital Park and Planning Commission, in13 cluding those formerly vested in the Highway Commission established by the

14 Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested

15 in the National Capital Park Commission by the Act of June 6, 1924 (ch.

16 270, 43 Stat. 463).

17 (g) ESTIMATE.—The National Capital Planning Commission shall submit

18 to the Office of Management and Budget before December 16 of each year

19 its estimate of the total amount to be appropriated for expenditure under

20 this chapter (except sections 8732–8736) during the next fiscal year.

21 (h) FEES.—The National Capital Planning Commission may charge fees

22 to cover the full cost of Geographic Information System products and serv23 ices the Commission supplies. The fees shall be credited to the applicable

24 appropriation account as an offsetting collection and remain available until

25 expended.

26 § 8712. Mayor of the District of Columbia

27 (a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Colum28 bia is the central planning agency for the government of the District of Co29 lumbia in the National Capital and is responsible for coordinating the plan30 ning activities of the District government and for preparing and imple31 menting the District elements of the comprehensive plan for the National

32 Capital, which may include land use elements, urban renewal and redevelop33 ment elements, a multiyear program of public works for the District, and

34 physical, social, economic, transportation, and population elements. The

35 Mayor’s planning responsibility shall not extend to—

36 (1) federal or international projects and developments in the District,

37 as determined by the National Capital Planning Commission; or

38 (2) the United States Capitol Buildings and Grounds as defined and

39 described in sections 5101 and 5102, any extension of, or additions to,

40 those Buildings and Grounds, and buildings and grounds under the

41 care of the Architect of the Capitol.
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1 (b) PARTICIPATION AND CONSULTATION.—In carrying out the respon2 sibilities under this section and section 8721 of this title, the Mayor shall

3 establish procedures for citizen participation in the planning process and for

4 appropriate meaningful consultation with any state or local government or

5 planning agency in the National Capital region affected by any aspect of

6 a comprehensive plan, including amendments, affecting or relating to the

7 District.

8 SUBCHAPTER III—PLANNING PROCESS

9 § 8721. Comprehensive plan for the National Capital

10 (a) PREPARATION AND ADOPTION BY COMMISSION.—The National Cap11 ital Planning Commission shall prepare and adopt a comprehensive, con12 sistent, and coordinated plan for the National Capital. The plan shall in13 clude the Commission’s recommendations or proposals for federal develop14 ments or projects in the environs and District elements of the comprehen15 sive plan, or amendments to the elements, adopted by the Council of the

16 District of Columbia and with respect to which the Commission has not de17 termined a negative impact exists. Those elements or amendments shall be

18 incorporated into the comprehensive plan without change. The Commission

19 may include in its plan any part of a plan adopted by any planning agency

20 in the environs and may make recommendations of collateral interest to the

21 agencies. The Commission may adopt any part of an element. The Commis22 sion shall review and may amend or extend the plan so that its rec23 ommendations may be kept up to date.

24 (b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District of

25 Columbia shall submit each District element of the comprehensive plan, and

26 any amendment, to the Council for revision or modification, and adoption,

27 by act, following public hearings. Following adoption and prior to implemen28 tation, the Council shall submit each element or amendment to the Commis29 sion for review and comment with regard to the impact of the element or

30 amendment on the interests or functions of the federal establishment in the

31 National Capital.

32 (c) COMMISSION RESPONSE TO COUNCIL ACTION.—

33 (1) PERIOD OF REVIEW.—Within 60 days after receiving an element

34 or amendment from the Council, the Commission shall certify to the

35 Council whether the element or amendment has a negative impact on

36 the interests or functions of the federal establishment in the National

37 Capital.

38 (2) NO NEGATIVE IMPACT.—If the Commission takes no action in

39 the 60-day period, the element or amendment is deemed to have no

40 negative impact and shall be incorporated into the comprehensive plan

41 for the National Capital and implemented.
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1 (3) NEGATIVE IMPACT.—

2 (A) CERTIFICATION TO COUNCIL.—If the Commission finds a

3 negative impact, it shall certify its findings and recommendations

4 to the Council.

5 (B) RESPONSE OF COUNCIL.—On receipt of the Commission’s

6 findings and recommendations, the Council may—

7 (i) accept the findings and recommendations and modify

8 the element or amendment accordingly; or

9 (ii) reject the findings and recommendations and resubmit

10 a modified form of the element or amendment to the Commis11 sion for reconsideration.

12 (C) FINDINGS AND RECOMMENDATIONS ACCEPTED.—If the

13 Council accepts the findings and recommendations and modifies

14 the element or amendment, the Council shall submit the element

15 or amendment to the Commission for the Commission to deter16 mine whether the modification has been made in accordance with

17 the Commission’s findings and recommendations. If the Commis18 sion does not act on the modified element or amendment within

19 30 days after receiving it, the element or amendment is deemed

20 to have been modified in accordance with the findings and rec21 ommendations and shall be incorporated into the comprehensive

22 plan for the National Capital and implemented. If within the 30-

23 day period the Commission again determines the element or

24 amendment has a negative impact on the functions or interests of

25 the federal establishment in the National Capital, the element or

26 amendment shall not be implemented.

27 (D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the

28 Council rejects the findings and recommendations and resubmits

29 a modified element or amendment, the Commission, within 60

30 days after receiving it, shall decide whether the modified element

31 or amendment has a negative impact on the interests or functions

32 of the federal establishment within the National Capital. If the

33 Commission does not act within the 60-day period, the modified

34 element or amendment is deemed to have no negative impact and

35 shall be incorporated into the comprehensive plan and imple36 mented. If the Commission finds a negative impact, it shall certify

37 its findings (in sufficient detail that the Council can understand

38 the basis of the objection of the Commission) and recommenda39 tions to the Council and the element or amendment shall not be

40 implemented.
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1 (d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele2 ment or amendment which the Commission has determined has a negative

3 impact on the federal establishment in the National Capital which is sub4 mitted again in a modified form not less than one year from the day it was

5 last rejected by the Commission is deemed to be a new element or amend6 ment for purposes of the review procedure specified in this section.

7 (e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—

8 (1) REVIEW.—Before the comprehensive plan, any element of the

9 plan, or any revision is adopted, the Commission shall present the plan,

10 element, or revision to the appropriate federal or District of Columbia

11 authorities for comment and recommendations. The Commission may

12 present the proposed revisions annually in a consolidated form. Rec13 ommendations by federal and District of Columbia authorities are not

14 binding on the Commission, but the Commission shall give careful con15 sideration to any views and recommendations submitted prior to final

16 adoption.

17 (2) HEARINGS AND CITIZEN ADVISORY COUNCILS.—The

18 Commission—

19 (A) may provide periodic opportunity for review and comments

20 by nongovernmental agencies or groups through public hearings,

21 meetings, or conferences, exhibitions, and publication of its plans;

22 and

23 (B) in consultation with the Council, may encourage the forma24 tion of citizen advisory councils.

25 (f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission,

26 the Council may grant an extension of any time limitation contained in this

27 section.

28 (g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the Commis29 sion and the Mayor jointly shall publish a comprehensive plan for the Na30 tional Capital, consisting of the elements of the comprehensive plan for the

31 federal activities in the National Capital developed by the Commission and

32 the District elements developed by the Mayor and the Council in accordance

33 with this section.

34 (h) PROCEDURES FOR CONSULTATION.—

35 (1) COMMISSION AND MAYOR.—The Commission and the Mayor

36 jointly shall establish procedures for appropriate meaningful continuing

37 consultation throughout the planning process for the National Capital.

38 (2) GOVERNMENT AGENCIES.—In order that the National Capital

39 may be developed in accordance with the comprehensive plan, the Com40 mission, with the consent of each agency concerned as to its represen41 tation, may establish advisory and coordinating committees composed
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1 of representatives of agencies of the Federal and District of Columbia

2 Governments as may be necessary or helpful to obtain the maximum

3 amount of cooperation and correlation of effort among the various

4 agencies. As it considers appropriate, the Commission may invite rep5 resentatives of the planning and developmental agencies of the environs

6 to participate in the work of the committees.

7 § 8722. Proposed federal and district developments and

8 projects

9 (a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING AGENCY.—

10 Agencies of the Federal Government responsible for public developments

11 and projects shall cooperate and correlate their efforts by using the National

12 Capital Planning Commission as the central planning agency for federal ac13 tivities in the National Capital region. To aid the Commission in carrying

14 out this function, federal and District of Columbia governmental agencies

15 on request of the Commission shall furnish plans, data, and records the

16 Commission requires. The Commission on request shall furnish related

17 plans, data, and records to federal and District of Columbia governmental

18 agencies.

19 (b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.—

20 (1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the com21 prehensive planning and orderly development of the National Capital,

22 a federal or District of Columbia agency, before preparing construction

23 plans the agency originates for proposed developments and projects or

24 before making a commitment to acquire land, to be paid for at least

25 in part from federal or District amounts, shall advise and consult with

26 the Commission as the agency prepares plans and programs in prelimi27 nary and successive stages that affect the plan and development of the

28 National Capital. After receiving the plans, maps, and data, the Com29 mission promptly shall make a preliminary report and recommenda30 tions to the agency. If the agency, after considering the report and rec31 ommendations of the Commission, does not agree, it shall advise the

32 Commission and provide the reasons why it does not agree. The Com33 mission then shall submit a final report. After consultation and suitable

34 consideration of the views of the Commission, the agency may proceed

35 to take action in accordance with its legal responsibilities and author36 ity.

37 (2) EXCEPTIONS.—

38 (A) IN GENERAL.—Paragraph (1) does not apply to projects

39 within the Capitol grounds or to structures erected by the Depart40 ment of Defense during wartime or national emergency within ex41 isting military, naval, or Air Force reservations, except that the
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1 appropriate defense agency shall consult with the Commission as

2 to any developments which materially affect traffic or require co3 ordinated planning of the surrounding area.

4 (B) ADVANCE DECISIONS OF COMMISSION.—The Commission

5 shall determine in advance the type or kinds of plans, develop6 ments, projects, improvements, or acquisitions which do not need

7 to be submitted for review by the Commission as to conformity

8 with its plans.

9 (c) ADDITIONAL PROCEDURE FOR DEVELOPMENTS AND PROJECTS

10 WITHIN ENVIRONS.—

11 (1) SUBMISSION TO COMMISSION.—Within the environs, general

12 plans showing the location, character, and extent of, and intensity of

13 use for, proposed federal and District developments and projects involv14 ing the acquisition of land shall be submitted to the Commission for

15 report and recommendations before a final commitment to the acquisi16 tion is made, unless the matter specifically has been approved by law.

17 (2) COMMISSION ACTION.—Before acting on any general plan, the

18 Commission shall advise and consult with the appropriate planning

19 agency having jurisdiction over the affected part of the environs. When

20 the Commission decides that proposed developments or projects sub21 mitted to the Commission under subsection (b) involve a major change

22 in the character or intensity of an existing use in the environs, the

23 Commission shall advise and consult with the planning agency. The re24 port and recommendations shall be submitted within 60 days and shall

25 be accompanied by any reports or recommendations of the planning

26 agency.

27 (3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In

28 carrying out its planning functions with respect to federal developments

29 or projects in the environs, the Commission may work with, and make

30 agreements with, any state or local authority or planning agency as the

31 Commission considers necessary to have a plan or proposal adopted

32 and carried out.

33 (d) APPROVAL OF FEDERAL PUBLIC BUILDINGS.—The provisions of the

34 Act of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal

35 public buildings. In order to ensure the orderly development of the National

36 Capital, the location, height, bulk, number of stories, and size of federal

37 public buildings in the District of Columbia and the provision for open space

38 in and around federal public buildings in the District of Columbia is subject

39 to the approval of the Commission.

40 (e) APPROVAL OF DISTRICT GOVERNMENT BUILDINGS IN CENTRAL

41 AREA.—Subsection (d) is extended to include public buildings erected by
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1 any agency of the Government of the District of Columbia in the central

2 area of the District (as defined by concurrent action of the Commission and

3 the Council of the District of Columbia), except that the Commission shall

4 transmit its approval or disapproval within 30 days after the day the pro5 posal was submitted to the Commission.

6 § 8723. Capital improvements

7 (a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National

8 Capital Planning Commission shall recommend a six-year program of public

9 works projects for the Federal Government which the Commission shall re10 view annually with the agencies concerned. Each federal agency shall submit

11 to the Commission in the first quarter of each fiscal year a copy of its ad12 vance program of capital improvements within the National Capital and its

13 environs.

14 (b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By

15 February 1 of each year, the Mayor of the District of Columbia shall submit

16 to the Commission a copy of the multiyear capital improvements plan for

17 the District of Columbia that the Mayor develops under section 444 of the

18 District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 800).

19 The Commission has 30 days in which to comment on the plan but may

20 not change or disapprove of the plan.

21 § 8724. Zoning regulations and maps

22 (a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The National

23 Capital Planning Commission may make a report and recommendation to

24 the Zoning Commission of the District of Columbia, as provided in section

25 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation,

26 conformity, or consistency of proposed amendments of the zoning regula27 tions and maps with the comprehensive plan for the National Capital. The

28 Planning Commission may also submit to the Zoning Commission proposed

29 amendments or general revisions to the zoning regulations or the zoning

30 map for the District of Columbia.

31 (b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When requested

32 by an authorized representative of the Planning Commission, the Zoning

33 Commission may recess for a reasonable period of time any public hearing

34 it is holding to consider a proposed amendment to the zoning regulations

35 or map so that the Planning Commission may have an opportunity to

36 present to the Zoning Commission an additional report on the proposed

37 amendment.

38 (c) ZONING COMMITTEE OF NATIONAL CAPITAL PLANNING COMMIS39 SION.—

40 (1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com41 mittee of the National Capital Planning Commission. The Committee
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1 consists of at least three members of the Planning Commission the

2 Planning Commission designates for that purpose. The number of

3 members serving on the Committee may vary.

4 (2) DUTIES.—The Committee shall carry out the functions vested in

5 the Planning Commission under this section and section 8725 of this

6 title—

7 (A) to the extent the Planning Commission decides; and

8 (B) when requested by the Zoning Commission and approved by

9 the Planning Commission.

10 § 8725. Recommendations on platting and subdividing land

11 (a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council of the

12 District of Columbia shall submit any proposed change in, or addition to,

13 the regulations or general orders regulating the platting and subdividing of

14 lands and grounds in the District of Columbia to the National Capital Plan15 ning Commission for report and recommendation before the Council adopts

16 the change or addition. The Council shall advise the Commission when it

17 does not agree with the recommendations of the Commission and shall give

18 the reasons why it disagrees. The Commission then shall submit a final re19 port within 30 days. After considering the final report, the Council may act

20 in accordance with its legal responsibilities and authority.

21 (b) BY PLANNING COMMISSION.—The Commission shall submit to the

22 Council any proposed change in, or amendment to, the general orders that

23 the Commission considers appropriate. The Council shall treat the amend24 ments proposed in the same manner as other proposed amendments.

25 § 8726. Authorization of appropriations

26 Amounts necessary to carry out this subchapter may be appropriated

27 from money in the Treasury not otherwise appropriated and from any ap28 propriate appropriation law, except the annual District of Columbia Appro29 priation Act.

30 SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

31 § 8731. Acquiring land for park, parkway, or playground

32 purposes

33 (a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning

34 Commission shall acquire land the Planning Commission believes is nec35 essary and desirable in the District of Columbia and adjacent areas in

36 Maryland and Virginia for suitable development of the National Capital

37 park, parkway, and playground system. The acquisition must be within the

38 limits of the appropriations made for those purposes. The Planning Com39 mission shall request the advice of the Commission of Fine Arts in selecting

40 land to be acquired.

41 (b) HOW LAND MAY BE ACQUIRED.—
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1 (1) PURCHASE OR CONDEMNATION PROCEEDING.—The National

2 Capital Planning Commission may buy land when the land can be ac3 quired at a price the Planning Commission considers reasonable or by

4 a condemnation proceeding when the land cannot be bought at a rea5 sonable price.

6 (2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro7 ceeding to acquire land in the District of Columbia shall be conducted

8 in accordance with section 1 of the Act of December 23, 1963 (Public

9 Law 88–241, 77 Stat. 571).

10 (3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission

11 may acquire land in Maryland or Virginia under arrangements agreed

12 to by the Commission and the proper officials of Maryland or Virginia.

13 (c) CONTROL OF LAND.—

14 (1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in the

15 District of Columbia shall be a part of the park system of the District

16 of Columbia and be under the control of the Director of the National

17 Park Service. The National Capital Planning Commission may assign

18 areas suitable for playground purposes to the control of the Mayor of

19 the District of Columbia for playground purposes.

20 (2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland

21 or Virginia shall be controlled as determined by agreement between the

22 Planning Commission and the proper officials of Maryland or Virginia.

23 (d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all land to

24 be acquired by condemnation, all contracts to purchase land, and all agree25 ments between the National Capital Planning Commission and the officials

26 of Maryland and Virginia are subject to the approval of the President.

27 § 8732. Acquiring land subject to limited rights reserved to

28 grantor and limited permanent rights in land ad29 joining park property

30 (a) IN GENERAL.—The National Capital Planning Commission in accord31 ance with this chapter may acquire, for and on behalf of the Federal Gov32 ernment, by gift, devise, purchase, or condemnation—

33 (1) fee title to land subject to limited rights, but not for business

34 purposes, reserved to the grantor; and

35 (2) permanent rights in land adjoining park property sufficient to

36 prevent the use of the land in certain specified ways which would essen37 tially impair the value of the park property for its purposes.

38 (b) PREREQUISITES TO ACQUISITION.—

39 (1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The res40 ervation of rights to the grantor shall not continue beyond the life of

41 the grantor of the fee. The Commission must decide that the perma-
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1 nent public park purposes for which control over the land is needed are

2 not essentially impaired by the reserved rights and that there is a sub3 stantial saving in cost by acquiring the land subject to the limited

4 rights as compared with the cost of acquiring unencumbered title to the

5 land.

6 (2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—The

7 Commission must decide that the protection and maintenance of the es8 sential public values of the park can be secured more economically by

9 acquiring the permanent rights than by acquiring the land.

10 (c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire land

11 or rights under this section are subject to the approval of the President.

12 § 8733. Lease of land acquired for park, parkway, or play13 ground purposes

14 The Secretary of the Interior may lease, for not more than five years,

15 land or an existing building or structure on land acquired for park, park16 way, or playground purposes, and may renew the lease for an additional five

17 years. A lease or renewal under this section is—

18 (1) subject to the approval of the National Capital Planning Com19 mission;

20 (2) subject to the need for the immediate use of the land, building,

21 or structure in other ways by the public; and

22 (3) on terms the Administrator decides.

23 § 8734. Sale of land by Mayor

24 (a) AUTHORITY TO SELL.—With the approval of the National Capital

25 Planning Commission, the Mayor of the District of Columbia, for the best

26 interests of the District of Columbia, may sell to the highest bidder at pub27 lic or private sale real estate in the District of Columbia owned in fee simple

28 by the District of Columbia for municipal use that the Council of the Dis29 trict of Columbia and the Commission find to be no longer required for pub30 lic purposes.

31 (b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—

32 (1) may pay the reasonable and necessary expenses of the sale of

33 each parcel of land sold; and

34 (2) shall deposit the net proceeds of each sale in the Treasury to the

35 credit of the District of Columbia.

36 § 8735. Sale of land by Secretary of the Interior

37 (a) AUTHORITY TO SELL.—With the approval of the National Capital

38 Planning Commission, the Secretary of the Interior, for the best interests

39 of the Federal Government, may sell, by deed or instrument, real estate held

40 by the Government in the District of Columbia and under the jurisdiction

41 of the National Park Service which may be no longer needed for public pur-
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1 poses. The land may be sold for cash or on a deferred-payment plan the

2 Secretary approves, at a price not less than the Government paid for it and

3 not less than its present appraised value as determined by the Secretary.

4 (b) SALE TO HIGHEST BIDDER.—In selling any parcel of land under this

5 section, the Secretary shall have public or private solicitation for bids or of6 fers be made as the Secretary considers appropriate. The Secretary shall sell

7 the parcel to the party agreeing to pay the highest price if the price is oth8 erwise satisfactory. If the price offered or bid by the owner of land abutting

9 the land to be sold equals the highest price offered or bid by any other

10 party, the parcel may be sold to the owner of the abutting land.

11 (c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Secretary—

12 (1) may pay the reasonable and necessary expenses of the sale of

13 each parcel of land sold; and

14 (2) shall deposit the net proceeds of each sale in the Treasury to the

15 credit of the Government and the District of Columbia in the propor16 tion that each—

17 (A) paid the appropriations used to acquire the parcels; or

18 (B) was obligated to pay the appropriations, at the time of ac19 quisition, by reimbursement.

20 § 8736. Execution of deeds

21 The Mayor of the District of Columbia may execute deeds of conveyance

22 for real estate sold under this subchapter. The deeds shall contain a full

23 description of the land sold as required by law.

24 § 8737. Authorization of appropriations

25 An amount equal to not more than one cent for each inhabitant of the

26 continental United States as determined by the last preceding decennial cen27 sus may be appropriated each year in the District of Columbia Appropria28 tion Act for the National Capital Planning Commission to use for the pay29 ment of its expenses and for the acquisition of land the Commission may

30 acquire under section 8731 of this title for the purposes named, including

31 compensation for the land, surveys, ascertainment of title, condemnation

32 proceedings, and necessary conveyancing. The appropriated amounts shall

33 be paid from the revenues of the District of Columbia and the general

34 amounts of the Treasury in the same proportion as other expenses of the

35 District of Columbia.

36 CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND

37 COMMEMORATIVE WORKS

Sec.

8901. Purposes.

8902. Definitions and nonapplication.

8903. Congressional authorization of commemorative works.

8904. National Capital Memorial Commission.

8905. Site and design approval.

8906. Criteria for issuance of construction permit.
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8907. Temporary site designation.

8908. Areas I and II.

8909. Administrative.

1 § 8901. Purposes

2 The purposes of this chapter are—

3 (1) to preserve the integrity of the comprehensive design of the

4 L’Enfant and McMillan plans for the Nation’s Capital;

5 (2) to ensure the continued public use and enjoyment of open space

6 in the District of Columbia;

7 (3) to preserve, protect and maintain the limited amount of open

8 space available to residents of, and visitors to, the Nation’s Capital;

9 and

10 (4) to ensure that future commemorative works in areas adminis11 tered by the National Park Service and the Administrator of General

12 Services in the District of Columbia and its environs—

13 (A) are appropriately designed, constructed, and located; and

14 (B) reflect a consensus of the lasting national significance of the

15 subjects involved.

16 § 8902. Definitions and nonapplication

17 (a) DEFINITIONS.—In this chapter, the following definitions apply:

18 (1) COMMEMORATIVE WORK.—The term ‘‘commemorative work’’—

19 (A) means any statue, monument, sculpture, memorial, plaque,

20 inscription, or other structure or landscape feature, including a

21 garden or memorial grove, designed to perpetuate in a permanent

22 manner the memory of an individual, group, event or other signifi23 cant element of American history; but

24 (B) does not include an item described in subclause (A) that is

25 located within the interior of a structure or a structure which is

26 primarily used for other purposes.

27 (2) PERSON.—The term ‘‘person’’ means—

28 (A) a public agency; and

29 (B) an individual, group or organization—

30 (i) described in section 501(c)(3) of the Internal Revenue

31 Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax

32 under section 501(a) of the Code (26 U.S.C. 501(a)); and

33 (ii) authorized by Congress to establish a commemorative

34 work in the District of Columbia and its environs.

35 (3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term

36 ‘‘the District of Columbia and its environs’’ means land and property

37 located in Areas I and II as depicted on the map numbered 869/86501,

38 and dated May 1, 1986, that the National Park Service and the Ad39 ministrator of General Services administer.
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1 (b) NONAPPLICATION.—This chapter does not apply to commemorative

2 works authorized by a law enacted before January 3, 1985.

3 § 8903. Congressional authorization of commemorative

4 works

5 (a) IN GENERAL.—Commemorative works—

6 (1) may be established on federal lands referred to in section

7 8901(4) of this title only as specifically authorized by law; and

8 (2) are subject to applicable provisions of this chapter.

9 (b) MILITARY COMMEMORATIVE WORKS.—A military commemorative

10 work may be authorized only to commemorate a war or similar major mili11 tary conflict or a branch of the armed forces. A commemorative work com12 memorating a lesser conflict or a unit of an armed force may not be author13 ized. Commemorative works to a war or similar major military conflict may

14 not be authorized until at least 10 years after the officially designated end

15 of the event.

16 (c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—A

17 commemorative work commemorating an event, individual, or group of indi18 viduals, except a military commemorative work as described in subsection

19 (b), may not be authorized until after the 25th anniversary of the event,

20 death of the individual, or death of the last surviving member of the group.

21 (d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMIS22 SION.—In considering legislation authorizing commemorative works in the

23 District of Columbia and its environs, the Committee on House Administra24 tion of the House of Representatives and the Committee on Energy and

25 Natural Resources of the Senate shall solicit the views of the National Cap26 ital Memorial Commission.

27 (e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative authority for

28 a commemorative work expires at the end of the seven-year period beginning

29 on the date the authority is enacted unless the Secretary of the Interior or

30 Administrator of General Services, as appropriate, has issued a construction

31 permit for the commemorative work during that period.

32 § 8904. National Capital Memorial Commission

33 (a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital

34 Memorial Commission. The membership of the Commission consists of—

35 (1) the Director of the National Park Service;

36 (2) the Architect of the Capitol;

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

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

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

40 (6) the Mayor of the District of Columbia;
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1 (7) the Commissioner of the Public Buildings Service of the General

2 Services Administration; and

3 (8) the Secretary of Defense.

4 (b) CHAIRMAN.—The Director is the Chairman of the National Capital

5 Memorial Commission.

6 (c) ADVISORY ROLE.—The National Capital Memorial Commission shall

7 advise the Secretary of the Interior and the Administrator of General Serv8 ices on policy and procedures for establishment of, and proposals to estab9 lish, commemorative works in the District of Columbia and its environs and

10 on other matters concerning commemorative works in the Nation’s Capital

11 as the Commission considers appropriate.

12 (d) MEETINGS.—The National Capital Memorial Commission shall meet

13 at least twice annually.

14 § 8905. Site and design approval

15 (a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person au16 thorized by law to establish a commemorative work in the District of Colum17 bia and its environs may request a permit for construction of the commemo18 rative work only after the following requirements are met:

19 (1) CONSULTATION.—The person must consult with the National

20 Capital Memorial Commission regarding the selection of alternative

21 sites and designs for the commemorative work.

22 (2) SUBMITTAL.—Following consultation in accordance with clause

23 (1), the Secretary of the Interior or the Administrator of General Serv24 ices, as appropriate, must submit, on behalf of the person, site and de25 sign proposals to the Commission of Fine Arts and the National Cap26 ital Planning Commission for their approval.

27 (b) DECISION CRITERIA.—In considering site and design proposals, the

28 Commission of Fine Arts, National Capital Planning Commission, Sec29 retary, and Administrator shall be guided by, but not limited by, the fol30 lowing criteria:

31 (1) SURROUNDINGS.—To the maximum extent possible, a commemo32 rative work shall be located in surroundings that are relevant to the

33 subject of the work.

34 (2) LOCATION.—A commemorative work shall be located so that—

35 (A) it does not interfere with, or encroach on, an existing com36 memorative work; and

37 (B) to the maximum extent practicable, it protects open space

38 and existing public use.

39 (3) MATERIAL.—A commemorative work shall be constructed of du40 rable material suitable to the outdoor environment.
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1 (4) LANDSCAPE FEATURES.—Landscape features of commemorative

2 works shall be compatible with the climate.

3 § 8906. Criteria for issuance of construction permit

4 (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the

5 construction of a commemorative work in the District of Columbia and its

6 environs, the Secretary of the Interior or Administrator of General Services,

7 as appropriate, shall determine that—

8 (1) the site and design have been approved by the Secretary or Ad9 ministrator, the National Capital Planning Commission and the Com10 mission of Fine Arts;

11 (2) knowledgeable individuals qualified in the field of preservation

12 and maintenance have been consulted to determine structural sound13 ness and durability of the commemorative work and to ensure that the

14 commemorative work meets high professional standards;

15 (3) the person authorized to construct the commemorative work has

16 submitted contract documents for construction of the commemorative

17 work to the Secretary or Administrator; and

18 (4) the person authorized to construct the commemorative work has

19 available sufficient amounts to complete construction of the project.

20 (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

21 (1) AMOUNT.—In addition to the criteria described in subsection (a),

22 a construction permit may not be issued unless the person authorized

23 to construct the commemorative work has donated an amount equal to

24 10 percent of the total estimated cost of construction to offset the costs

25 of perpetual maintenance and preservation of the commemorative work.

26 The amounts shall be credited to a separate account in the Treasury.

27 (2) AVAILABILITY.—The Secretary of the Treasury shall make any

28 part of the donated amount available to the Secretary of the Interior

29 or Administrator for maintenance at the request of the Secretary of the

30 Interior or Administrator. The Secretary of the Interior or Adminis31 trator shall not request more from the separate account than the total

32 amount deposited by persons establishing commemorative works in

33 areas the Secretary of the Interior or Administrator administers.

34 (3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the In35 terior and Administrator shall maintain an inventory of amounts avail36 able under this subsection. The amounts are not subject to annual ap37 propriations.

38 (4) NONAPPLICABILITY.—This subsection does not apply when a de39 partment or agency of the Federal Government constructs the work

40 and less than 50 percent of the funding for the work is provided by

41 private sources.
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1 (c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The Sec2 retary of the Interior or Administrator may suspend any activity under this

3 chapter that relates to the establishment of a commemorative work if the

4 Secretary or Administrator determines that fundraising efforts relating to

5 the work have misrepresented an affiliation with the work or the Federal

6 Government.

7 (d) ANNUAL REPORT.—The person authorized to construct a commemo8 rative work under this chapter must submit to the Secretary of the Interior

9 or Administrator an annual report of operations, including financial state10 ments audited by an independent certified public accountant. The person

11 shall pay for the report.

12 § 8907. Temporary site designation

13 (a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior, in

14 consultation with the National Capital Memorial Commission, determines

15 that a site where commemorative works may be displayed on a temporary

16 basis is necessary to aid in the preservation of the limited amount of open

17 space available to residents of, and visitors to, the Nation’s Capital, a site

18 may be designated on land the Secretary administers in the District of Co19 lumbia.

20 (b) PLAN.—A designation may be made under subsection (a) only if, at

21 least 120 days before the designation, the Secretary, in consultation with

22 the Commission, prepares and submits to Congress a plan for the site. The

23 plan shall include specifications for the location, construction, and adminis24 tration of the site and criteria for displaying commemorative works at the

25 site.

26 (c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work dis27 played at the site shall be installed, maintained, and removed at the sole

28 expense and risk of the person authorized to display the work. The person

29 shall agree to indemnify the United States for any liability arising from the

30 display of the commemorative work under this section.

31 § 8908. Areas I and II

32 (a) AVAILABILITY OF MAP.—The Secretary of the Interior and Adminis33 trator of General Services shall make available, for public inspection at ap34 propriate offices of the National Park Service and the General Services Ad35 ministration, the map numbered 869/86501, and dated May 1, 1986.

36 (b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—

37 (1) AREA I.—After seeking the advice of the National Capital Memo38 rial Commission, the Secretary or Administrator, as appropriate, may

39 recommend the location of a commemorative work in Area I only if the

40 Secretary or Administrator decides that the subject of the commemora41 tive work is of preeminent historical and lasting significance to the
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1 United States. The Secretary or Administrator shall notify the Com2 mission, the Committee on House Administration of the House of Rep3 resentatives, and the Committee on Energy and Natural Resources of

4 the Senate of the recommendation that a commemorative work should

5 be located in Area I. The location of a commemorative work in Area

6 I is deemed to be authorized only if the recommendation is approved

7 by law not later than 150 calendar days after the notification.

8 (2) AREA II.—Commemorative works of subjects of lasting historical

9 significance to the American people may be located in Area II.

10 § 8909. Administrative

11 (a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUC12 TION.—Complete documentation of design and construction of each com13 memorative work located in the District of Columbia and its environs shall

14 be provided to the Secretary of the Interior or Administrator of General

15 Services, as appropriate, and shall be permanently maintained in the man16 ner provided by law.

17 (b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On

18 completion of any commemorative work in the District of Columbia and its

19 environs, the Secretary or Administrator, as appropriate, shall assume re20 sponsibility for maintaining the work.

21 (c) REGULATIONS OR STANDARDS.—The Secretary and Administrator

22 shall prescribe appropriate regulations or standards to carry out this chap23 ter.

24 CHAPTER 91—COMMISSION OF FINE ARTS

Sec.

9101. Establishment, composition, and vacancies.

9102. Duties.

9103. Personnel.

9104. Authorization of appropriations.

25 § 9101. Establishment, composition, and vacancies

26 (a) ESTABLISHMENT.—There is a Commission of Fine Arts.

27 (b) COMPOSITION.—The Commission is composed of seven well-qualified

28 judges of the fine arts, appointed by the President, who serve for four years

29 each or until their successors are appointed and qualified.

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

31 (d) EXPENSES.—Members of the Commission shall be paid actual ex32 penses in traveling to and from the District of Columbia to attend Commis33 sion meetings and while attending those meetings.

34 § 9102. Duties

35 (a) IN GENERAL.—The Commission of Fine Arts shall advise on—

36 (1) the location of statues, fountains, and monuments in the public

37 squares, streets, and parks in the District of Columbia;
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1 (2) the selection of models for statues, fountains, and monuments

2 erected under the authority of the Federal Government;

3 (3) the selection of artists to carry out clause (2); and

4 (4) questions of art generally when required to do so by the Presi5 dent or a committee of Congress.

6 (b) DUTY TO REQUEST ADVICE.—The officers required to decide the

7 questions described in subsection (a)(1)–(3) shall request the Commission

8 to provide the advice.

9 (c) NONAPPLICATION.—This section does not apply to the Capitol Build10 ing and the Library of Congress buildings.

11 § 9103. Personnel

12 The Commission of Fine Arts has a secretary and other assistance the

13 Commission authorizes. The secretary is the executive officer of the Com14 mission.

15 § 9104. Authorization of appropriations

16 Necessary amounts may be appropriated to carry out this chapter.

17 CHAPTER 93—THEODORE ROOSEVELT ISLAND

Sec.

9301. Maintenance and administration.

9302. Consent of Theodore Roosevelt Association required for development.

9303. Access to Theodore Roosevelt Island.

9304. Source of appropriations.

18 § 9301. Maintenance and administration

19 The Director of the National Park Service shall maintain and administer

20 Theodore Roosevelt Island as a natural park for the recreation and enjoy21 ment of the public.

22 § 9302. Consent of Theodore Roosevelt Association required

23 for development

24 (a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Asso25 ciation must approve every general plan for the development of Theodore

26 Roosevelt Island.

27 (b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Associa28 tion remains in existence, development inconsistent with the general plan

29 may not be carried out without the Association’s consent.

30 § 9303. Access to Theodore Roosevelt Island

31 Subject to the approval of the National Capital Planning Commission and

32 the availability of appropriations, the Director of the National Park Service

33 may provide suitable means of access to and on Theodore Roosevelt Island.

34 § 9304. Source of appropriations

35 The appropriations needed for construction of suitable means of access

36 to and on Theodore Roosevelt Island and annually for the care, mainte37 nance, and improvement of the land and improvements may be made from

38 amounts not otherwise appropriated from the Treasury.
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1 CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

2 PUBLIC WORKS IN THE DISTRICT OF COLUMBIA

Sec.

9501. Chief of Engineers.

9502. Authority of Chief of Engineers.

9503. Record of property.

9504. Reports.

9505. Paying for main pipes.

9506. Civil penalty.

9507. Control of expenditures.

3 § 9501. Chief of Engineers

4 (a) SUPERINTENDENCE DUTIES.—

5 (1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IM6 PROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engi7 neers has the immediate superintendence of—

8 (A) the Washington Aqueduct, together with all rights, appur9 tenances, and fixtures connected with the Aqueduct and belonging

10 to the Federal Government; and

11 (B) all other public works and improvements in the District of

12 Columbia in which the Government has an interest and which are

13 not otherwise specially provided for by law.

14 (2) OBEYING REGULATIONS.—In carrying out paragraph (1), the

15 Chief of Engineers shall obey regulations the President prescribes,

16 through the Secretary of the Army.

17 (b) NO INCREASE IN COMPENSATION.—The Chief of Engineers shall not

18 receive additional compensation for the services required under this chapter.

19 (c) OFFICE.—The Chief of Engineers shall be furnished an office in one

20 of the public buildings in the District of Columbia, as the Administrator of

21 General Services directs, and shall be supplied by the Federal Government

22 with stationery, instruments, books, and furniture which may be required

23 for the performance of the duties of the Chief of Engineers.

24 § 9502. Authority of Chief of Engineers

25 (a) IN GENERAL.—The Chief of Engineers and necessary assistants may

26 use all lawful means to carry out their duties.

27 (b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—

28 (1) PROVIDING WATER.—The Chief of Engineers has complete con29 trol over the Washington Aqueduct to regulate the manner in which the

30 authorities of the District of Columbia may tap the supply of water to

31 the inhabitants of the District of Columbia.

32 (2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall stop

33 the authorities of the District of Columbia from tapping the supply of

34 water when the supply is no more than adequate to the wants of the

35 public buildings and grounds.
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1 (3) APPEAL OF DECISION.—The decision of the Chief of Engineers

2 on all questions concerning the supply of water under this subsection

3 may be appealed only to the Secretary of the Army.

4 § 9503. Record of property

5 The Chief of Engineers shall keep in the office a complete record of all

6 land and other property connected with or belonging to the Washington Aq7 ueduct and other public works under the charge of the Chief of Engineers,

8 together with accurate plans and surveys of the public grounds and reserva9 tions in the District of Columbia.

10 § 9504. Reports

11 As superintendent of the Washington Aqueduct, the Chief of Engineers

12 annually shall submit to the Secretary of the Army, within nine months

13 after the end of the fiscal year, a report of the Chief of Engineers’ oper14 ations for that year and a report of the condition, progress, repairs, casual15 ties, and expenditures of the Washington Aqueduct and other public works

16 under the charge of the Chief of Engineers.

17 § 9505. Paying for main pipes

18 (a) FEDERAL GOVERNMENT.—The Federal Government shall only pay

19 for the number of main pipes of the Washington Aqueduct needed to fur20 nish public buildings, offices, and grounds with the necessary supply of

21 water.

22 (b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the

23 cost of any main pipe of the Washington Aqueduct which supplies water to

24 the inhabitants of the District of Columbia, in the manner provided by law.

25 § 9506. Civil penalty

26 A person that, without the consent of the Chief of Engineers, taps or

27 opens the mains or pipes laid by the Federal Government is liable to the

28 Government for a civil penalty of at least $50 and not more than $500.

29 § 9507. Control of expenditures

30 Unless expressly provided for by law, the Secretary of the Army shall di31 rect the expenditure of amounts appropriated for the Washington Aqueduct

32 and for other public works in the District of Columbia.

33 SUBTITLE III—INFORMATION TECHNOLOGY

34 MANAGEMENT

CHAPTER Sec.

111. GENERAL ....................................................................................................... 11101

113. RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY.11301

115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS .... 11501

117. ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS.11701

35 CHAPTER 111—GENERAL

Sec.

11101. Definitions.
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11102. Sense of Congress.

11103. Applicability to national security systems.

1 § 11101. Definitions

2 In this subtitle, the following definitions apply:

3 (1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the

4 meaning given that term in section 4 of the Office of Federal Procure5 ment Policy Act (41 U.S.C. 403).

6 (2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the

7 meaning given that term in section 4 of the Act (41 U.S.C. 403).

8 (3) INFORMATION RESOURCES.—The term ‘‘information resources’’

9 has the meaning given that term in section 3502 of title 44.

10 (4) INFORMATION RESOURCES MANAGEMENT.—The term ‘‘informa11 tion resources management’’ has the meaning given that term in sec12 tion 3502 of title 44.

13 (5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the

14 meaning given that term in section 3502 of title 44.

15 (6) INFORMATION TECHNOLOGY.—The term ‘‘information

16 technology’’—

17 (A) with respect to an executive agency means any equipment

18 or interconnected system or subsystem of equipment, used in the

19 automatic acquisition, storage, manipulation, management, move20 ment, control, display, switching, interchange, transmission, or re21 ception of data or information by the executive agency, if the

22 equipment is used by the executive agency directly or is used by

23 a contractor under a contract with the executive agency that re24 quires the use—

25 (i) of that equipment; or

26 (ii) of that equipment to a significant extent in the per27 formance of a service or the furnishing of a product;

28 (B) includes computers, ancillary equipment, software, firmware

29 and similar procedures, services (including support services), and

30 related resources; but

31 (C) does not include any equipment acquired by a federal con32 tractor incidental to a federal contract.

33 § 11102. Sense of Congress

34 It is the sense of Congress that, during the five-year period beginning

35 with 1996, executive agencies should achieve each year through improve36 ments in information resources management by the agency—

37 (1) at least a five percent decrease in the cost (in constant fiscal

38 year 1996 dollars) incurred by the agency in operating and maintaining

39 information technology; and

40 (2) a five percent increase in the efficiency of the agency operations.
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1 § 11103. Applicability to national security systems

2 (a) DEFINITION.—

3 (1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘na4 tional security system’’ means a telecommunications or information sys5 tem operated by the Federal Government, the function, operation, or

6 use of which—

7 (A) involves intelligence activities;

8 (B) involves cryptologic activities related to national security;

9 (C) involves command and control of military forces;

10 (D) involves equipment that is an integral part of a weapon or

11 weapons system; or

12 (E) subject to paragraph (2), is critical to the direct fulfillment

13 of military or intelligence missions.

14 (2) LIMITATION.—Paragraph (1)(E) does not include a system to be

15 used for routine administrative and business applications (including

16 payroll, finance, logistics, and personnel management applications).

17 (b) IN GENERAL.—Except as provided in subsection (c), chapter 113 of

18 this title does not apply to national security systems.

19 (c) EXCEPTIONS.—

20 (1) IN GENERAL.—Sections 11313, 11315, and 11316 of this title

21 apply to national security systems.

22 (2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of

23 executive agencies shall apply sections 11302 and 11312 of this title

24 to national security systems to the extent practicable.

25 (3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTS-BASED

26 MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—

27 (A) IN GENERAL.—Subject to subparagraph (B), the heads of

28 executive agencies shall apply section 11303 of this title to na29 tional security systems to the extent practicable.

30 (B) EXCEPTION.—National security systems are subject to sec31 tion 11303(b)(5) of this title, except for subparagraph (B)(iv).

32 CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF

33 INFORMATION TECHNOLOGY

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec.

11301. Responsibility of Director.

11302. Capital planning and investment control.

11303. Performance-based and results-based management.

SUBCHAPTER II—EXECUTIVE AGENCIES

11311. Responsibilities.

11312. Capital planning and investment control.

11313. Performance and results-based management.

11314. Authority to acquire and manage information technology.

11315. Agency Chief Information Officer.

11316. Accountability.
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11317. Significant deviations.

11318. Interagency support.

SUBCHAPTER III—OTHER RESPONSIBILITIES

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

11332. Federal computer system security training and plan.

1 SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND

2 BUDGET

3 § 11301. Responsibility of Director

4 In fulfilling the responsibility to administer the functions assigned under

5 chapter 35 of title 44, the Director of the Office of Management and Budg6 et shall comply with this chapter with respect to the specific matters covered

7 by this chapter.

8 § 11302. Capital planning and investment control

9 (a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office

10 of Management and Budget shall perform the responsibilities set forth in

11 this section in fulfilling the responsibilities under section 3504(h) of title 44.

12 (b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—The

13 Director shall promote and improve the acquisition, use, and disposal of in14 formation technology by the Federal Government to improve the produc15 tivity, efficiency, and effectiveness of federal programs, including through

16 dissemination of public information and the reduction of information collec17 tion burdens on the public.

18 (c) USE OF BUDGET PROCESS.—

19 (1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVEST20 MENTS.—As part of the budget process, the Director shall develop a

21 process for analyzing, tracking, and evaluating the risks and results of

22 all major capital investments made by an executive agency for informa23 tion systems. The process shall cover the life of each system and shall

24 include explicit criteria for analyzing the projected and actual costs,

25 benefits, and risks associated with the investments.

26 (2) REPORT TO CONGRESS.—At the same time that the President

27 submits the budget for a fiscal year to Congress under section 1105(a)

28 of title 31, the Director shall submit to Congress a report on the net

29 program performance benefits achieved as a result of major capital in30 vestments made by executive agencies for information systems and how

31 the benefits relate to the accomplishment of the goals of the executive

32 agencies.

33 (d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall oversee

34 the development and implementation of standards and guidelines pertaining

35 to federal computer systems by the Secretary of Commerce through the Na36 tional Institute of Standards and Technology under section 11331 of this
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1 title and section 20 of the National Institute of Standards and Technology

2 Act (15 U.S.C. 278g–3).

3 (e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.— The Di4 rector shall designate the head of one or more executive agencies, as the

5 Director considers appropriate, as executive agent for Government-wide ac6 quisitions of information technology.

7 (f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall en8 courage the heads of the executive agencies to develop and use the best

9 practices in the acquisition of information technology.

10 (g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION

11 TECHNOLOGY.—On a continuing basis, the Director shall assess the experi12 ences of executive agencies, state and local governments, international orga13 nizations, and the private sector in managing information technology.

14 (h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY.—

15 The Director shall compare the performances of the executive agencies in

16 using information technology and shall disseminate the comparisons to the

17 heads of the executive agencies.

18 (i) MONITORING TRAINING.—The Director shall monitor the development

19 and implementation of training in information resources management for

20 executive agency personnel.

21 (j) INFORMING CONGRESS.—The Director shall keep Congress fully in22 formed on the extent to which the executive agencies are improving the per23 formance of agency programs and the accomplishment of the agency mis24 sions through the use of the best practices in information resources manage25 ment.

26 (k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Di27 rector shall coordinate with the Office of Federal Procurement Policy the

28 development and review by the Administrator of the Office of Information

29 and Regulatory Affairs of policy associated with federal acquisition of infor30 mation technology.

31 § 11303. Performance-based and results-based management

32 (a) IN GENERAL.—The Director of the Office of Management and Budg33 et shall encourage the use of performance-based and results-based manage34 ment in fulfilling the responsibilities assigned under section 3504(h) of title

35 44.

36 (b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—

37 (1) REQUIREMENT.—The Director shall evaluate the information re38 sources management practices of the executive agencies with respect to

39 the performance and results of the investments made by the executive

40 agencies in information technology.
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1 (2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director

2 shall issue to the head of each executive agency clear and concise direc3 tion that the head of each agency shall—

4 (A) establish effective and efficient capital planning processes

5 for selecting, managing, and evaluating the results of all of its

6 major investments in information systems;

7 (B) determine, before making an investment in a new informa8 tion system—

9 (i) whether the function to be supported by the system

10 should be performed by the private sector and, if so, whether

11 any component of the executive agency performing that func12 tion should be converted from a governmental organization to

13 a private sector organization; or

14 (ii) whether the function should be performed by the execu15 tive agency and, if so, whether the function should be per16 formed by a private sector source under contract or by execu17 tive agency personnel;

18 (C) analyze the missions of the executive agency and, based on

19 the analysis, revise the executive agency’s mission-related proc20 esses and administrative processes, as appropriate, before making

21 significant investments in information technology to be used in

22 support of those missions; and

23 (D) ensure that the information security policies, procedures,

24 and practices are adequate.

25 (3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direction

26 issued under paragraph (2) shall include guidance for undertaking effi27 ciently and effectively interagency and Federal Government-wide invest28 ments in information technology to improve the accomplishment of mis29 sions that are common to the executive agencies.

30 (4) PERIODIC REVIEWS.—The Director shall implement through the

31 budget process periodic reviews of selected information resources man32 agement activities of the executive agencies to ascertain the efficiency

33 and effectiveness of information technology in improving the perform34 ance of the executive agency and the accomplishment of the missions

35 of the executive agency.

36 (5) ENFORCEMENT OF ACCOUNTABILITY.—

37 (A) IN GENERAL.—The Director may take any action that the

38 Director considers appropriate, including an action involving the

39 budgetary process or appropriations management process, to en40 force accountability of the head of an executive agency for infor-
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1 mation resources management and for the investments made by

2 the executive agency in information technology.

3 (B) SPECIFIC ACTIONS.—Actions taken by the Director may

4 include—

5 (i) recommending a reduction or an increase in the amount

6 for information resources that the head of the executive agen7 cy proposes for the budget submitted to Congress under sec8 tion 1105(a) of title 31;

9 (ii) reducing or otherwise adjusting apportionments and re10 apportionments of appropriations for information resources;

11 (iii) using other administrative controls over appropriations

12 to restrict the availability of amounts for information re13 sources; and

14 (iv) designating for the executive agency an executive agent

15 to contract with private sector sources for the performance of

16 information resources management or the acquisition of infor17 mation technology.

18 SUBCHAPTER II—EXECUTIVE AGENCIES

19 § 11311. Responsibilities

20 In fulfilling the responsibilities assigned under chapter 35 of title 44, the

21 head of each executive agency shall comply with this subchapter with respect

22 to the specific matters covered by this subchapter.

23 § 11312. Capital planning and investment control

24 (a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned under

25 section 3506(h) of title 44, the head of each executive agency shall design

26 and implement in the executive agency a process for maximizing the value,

27 and assessing and managing the risks, of the information technology acqui28 sitions of the executive agency.

29 (b) CONTENT OF PROCESS.—The process of an executive agency shall—

30 (1) provide for the selection of information technology investments

31 to be made by the executive agency, the management of those invest32 ments, and the evaluation of the results of those investments;

33 (2) be integrated with the processes for making budget, financial,

34 and program management decisions in the executive agency;

35 (3) include minimum criteria to be applied in considering whether to

36 undertake a particular investment in information systems, including

37 criteria related to the quantitatively expressed projected net, risk-ad38 justed return on investment and specific quantitative and qualitative

39 criteria for comparing and prioritizing alternative information systems

40 investment projects;
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1 (4) identify information systems investments that would result in

2 shared benefits or costs for other federal agencies or state or local gov3 ernments;

4 (5) identify quantifiable measurements for determining the net bene5 fits and risks of a proposed investment; and

6 (6) provide the means for senior management personnel of the execu7 tive agency to obtain timely information regarding the progress of an

8 investment in an information system, including a system of milestones

9 for measuring progress, on an independently verifiable basis, in terms

10 of cost, capability of the system to meet specified requirements, timeli11 ness, and quality.

12 § 11313. Performance and results-based management

13 In fulfilling the responsibilities under section 3506(h) of title 44, the head

14 of an executive agency shall—

15 (1) establish goals for improving the efficiency and effectiveness of

16 agency operations and, as appropriate, the delivery of services to the

17 public through the effective use of information technology;

18 (2) prepare an annual report, to be included in the executive agen19 cy’s budget submission to Congress, on the progress in achieving the

20 goals;

21 (3) ensure that performance measurements—

22 (A) are prescribed for information technology used by, or to be

23 acquired for, the executive agency; and

24 (B) measure how well the information technology supports pro25 grams of the executive agency;

26 (4) where comparable processes and organizations in the public or

27 private sectors exist, quantitatively benchmark agency process perform28 ance against those processes in terms of cost, speed, productivity, and

29 quality of outputs and outcomes;

30 (5) analyze the missions of the executive agency and, based on the

31 analysis, revise the executive agency’s mission-related processes and ad32 ministrative processes as appropriate before making significant invest33 ments in information technology to be used in support of the perform34 ance of those missions; and

35 (6) ensure that the information security policies, procedures, and

36 practices of the executive agency are adequate.

37 § 11314. Authority to acquire and manage information tech38 nology

39 (a) IN GENERAL.—The authority of the head of an executive agency to

40 acquire information technology includes—

41 (1) acquiring information technology as authorized by law;
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1 (2) making a contract that provides for multiagency acquisitions of

2 information technology in accordance with guidance issued by the Di3 rector of the Office of Management and Budget; and

4 (3) if the Director finds that it would be advantageous for the Fed5 eral Government to do so, making a multiagency contract for procure6 ment of commercial items of information technology that requires each

7 executive agency covered by the contract, when procuring those items,

8 to procure the items under that contract or to justify an alternative

9 procurement of the items.

10 (b) FTS 2000 PROGRAM.—The Administrator of General Services shall

11 continue to manage the FTS 2000 program, and to coordinate the follow12 on to that program, for and with the advice of the heads of executive agen13 cies.

14 § 11315. Agency Chief Information Officer

15 (a) DEFINITION.—In this section, the term ‘‘information technology ar16 chitecture’’, with respect to an executive agency, means an integrated frame17 work for evolving or maintaining existing information technology and ac18 quiring new information technology to achieve the agency’s strategic goals

19 and information resources management goals.

20 (b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an

21 executive agency is responsible for—

22 (1) providing advice and other assistance to the head of the executive

23 agency and other senior management personnel of the executive agency

24 to ensure that information technology is acquired and information re25 sources are managed for the executive agency in a manner that imple26 ments the policies and procedures of this subtitle, consistent with chap27 ter 35 of title 44 and the priorities established by the head of the exec28 utive agency;

29 (2) developing, maintaining, and facilitating the implementation of a

30 sound and integrated information technology architecture for the execu31 tive agency; and

32 (3) promoting the effective and efficient design and operation of all

33 major information resources management processes for the executive

34 agency, including improvements to work processes of the executive

35 agency.

36 (c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer of an

37 agency listed in section 901(b) of title 31—

38 (1) has information resources management duties as that official’s

39 primary duty;

40 (2) monitors the performance of information technology programs of

41 the agency, evaluates the performance of those programs on the basis
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1 of the applicable performance measurements, and advises the head of

2 the agency regarding whether to continue, modify, or terminate a pro3 gram or project; and

4 (3) annually, as part of the strategic planning and performance eval5 uation process required (subject to section 1117 of title 31) under sec6 tion 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as

7 added by section 5(a) of the Government Performance and Results Act

8 of 1993 (Public Law 103–62, 107 Stat. 289)) of title 31—

9 (A) assesses the requirements established for agency personnel

10 regarding knowledge and skill in information resources manage11 ment and the adequacy of those requirements for facilitating the

12 achievement of the performance goals established for information

13 resources management;

14 (B) assesses the extent to which the positions and personnel at

15 the executive level of the agency and the positions and personnel

16 at management level of the agency below the executive level meet

17 those requirements;

18 (C) develops strategies and specific plans for hiring, training,

19 and professional development to rectify any deficiency in meeting

20 those requirements; and

21 (D) reports to the head of the agency on the progress made in

22 improving information resources management capability.

23 § 11316. Accountability

24 The head of each executive agency, in consultation with the Chief Infor25 mation Officer and the Chief Financial Officer of that executive agency (or,

26 in the case of an executive agency without a chief financial officer, any com27 parable official), shall establish policies and procedures to ensure that—

28 (1) the accounting, financial, asset management, and other informa29 tion systems of the executive agency are designed, developed, main30 tained, and used effectively to provide financial or program perform31 ance data for financial statements of the executive agency;

32 (2) financial and related program performance data are provided on

33 a reliable, consistent, and timely basis to executive agency financial

34 management systems; and

35 (3) financial statements support—

36 (A) assessments and revisions of mission-related processes and

37 administrative processes of the executive agency; and

38 (B) measurement of the performance of investments made by

39 the agency in information systems.
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1 § 11317. Significant deviations

2 The head of each executive agency shall identify in the strategic informa3 tion resources management plan required under section 3506(b)(2) of title

4 44 any major information technology acquisition program, or any phase or

5 increment of that program, that has significantly deviated from the cost,

6 performance, or schedule goals established for the program.

7 § 11318. Interagency support

8 The head of an executive agency may use amounts available to the agency

9 for oversight, acquisition, and procurement of information technology to

10 support jointly with other executive agencies the activities of interagency

11 groups that are established to advise the Director of the Office of Manage12 ment and Budget in carrying out the Director’s responsibilities under this

13 chapter. The use of those amounts for that purpose is subject to require14 ments and limitations on uses and amounts that the Director may prescribe.

15 The Director shall prescribe the requirements and limitations during the Di16 rector’s review of the executive agency’s proposed budget submitted to the

17 Director by the head of the executive agency for purposes of section 1105

18 of title 31.

19 SUBCHAPTER III—OTHER RESPONSIBILITIES

20 § 11331. Responsibilities regarding efficiency, security, and

21 privacy of federal computer systems

22 (a) DEFINITIONS.—In this section, the terms ‘‘federal computer system’’

23 and ‘‘operator of a federal computer system’’ have the meanings given those

24 terms in section 20(d) of the National Institute of Standards and Tech25 nology Act (15 U.S.C. 278g–3(d)).

26 (b) STANDARDS AND GUIDELINES.—

27 (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—

28 (A) AUTHORITY TO PRESCRIBE.—On the basis of standards and

29 guidelines developed by the National Institute of Standards and

30 Technology pursuant to paragraphs (2) and (3) of section 20(a)

31 of the Act (15 U.S.C. 278g–3(a)(2), (3)), the Secretary of Com32 merce shall prescribe standards and guidelines pertaining to fed33 eral computer systems. The Secretary shall make those standards

34 compulsory and binding to the extent the Secretary determines

35 necessary to improve the efficiency of operation or security and

36 privacy of federal computer systems.

37 (B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President

38 may disapprove or modify those standards and guidelines if the

39 President determines that action to be in the public interest. The

40 President’s authority to disapprove or modify those standards and

41 guidelines may not be delegated. Notice of disapproval or modifica-
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1 tion shall be published promptly in the Federal Register. On re2 ceiving notice of disapproval or modification, the Secretary shall

3 immediately rescind or modify those standards or guidelines as di4 rected by the President.

5 (2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist6 ency, the Secretary shall exercise the authority conferred by this sec7 tion subject to direction by the President and in coordination with the

8 Director of the Office of Management and Budget.

9 (c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a fed10 eral agency may employ standards for the cost-effective security and privacy

11 of sensitive information in a federal computer system in or under the super12 vision of that agency that are more stringent than the standards the Sec13 retary prescribes under this section if the more stringent standards contain

14 at least the applicable standards the Secretary makes compulsory and bind15 ing .

16 (d) WAIVER OF STANDARDS.—

17 (1) AUTHORITY OF THE SECRETARY.—The Secretary may waive in

18 writing compulsory and binding standards under subsection (b) if the

19 Secretary determines that compliance would—

20 (A) adversely affect the accomplishment of the mission of an op21 erator of a federal computer system; or

22 (B) cause a major adverse financial impact on the operator that

23 is not offset by Federal Government-wide savings.

24 (2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may dele25 gate to the head of one or more federal agencies authority to waive

26 those standards to the extent the Secretary determines that action to

27 be necessary and desirable to allow for timely and effective implementa28 tion of federal computer system standards. The head of the agency may

29 redelegate that authority only to a chief information officer designated

30 pursuant to section 3506 of title 44.

31 (3) NOTICE.—Notice of each waiver and delegation shall be trans32 mitted promptly to Congress and published promptly in the Federal

33 Register.

34 § 11332. Federal computer system security training and plan

35 (a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘fed36 eral agency’’, ‘‘federal computer system’’, ‘‘operator of a federal computer

37 system’’, and ‘‘sensitive information’’ have the meanings given those terms

38 in section 20(d) of the National Institute of Standards and Technology Act

39 (15 U.S.C. 278g–3(d)).

40 (b) TRAINING—
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1 (1) IN GENERAL.—Each federal agency shall provide for mandatory

2 periodic training in computer security awareness and accepted com3 puter security practice of all employees who are involved with the man4 agement, use, or operation of each federal computer system within or

5 under the supervision of the agency. The training shall be–

6 (A) provided in accordance with the guidelines developed pursu7 ant to section 20(a)(5) of the Act (15 U.S.C. 278g-3(a)(5)) and

8 the regulations prescribed under paragraph (3) for federal civilian

9 employees; or

10 (B) provided by an alternative training program that the head

11 of the agency approves after determining that the alternative

12 training program is at least as effective in accomplishing the ob13 jectives of the guidelines and regulations.

14 (2) TRAINING OBJECTIVES.—Training under this subsection shall be

15 designed—

16 (A) to enhance employees’ awareness of the threats to, and vul17 nerability of, computer systems; and

18 (B) to encourage the use of improved computer security prac19 tices.

20 (3) REGULATIONS.—The Director of the Office of Personnel Man21 agement shall maintain regulations that establish the procedures and

22 scope of the training to be provided federal civilian employees under

23 this subsection and the manner in which the training is to be carried

24 out.

25 (c) PLAN.—

26 (1) IN GENERAL.—Consistent with standards, guidelines, policies,

27 and regulations prescribed pursuant to section 11331 of this title, each

28 federal agency shall maintain a plan for the security and privacy of

29 each federal computer system the agency identifies as being within or

30 under its supervision and as containing sensitive information. The plan

31 must be commensurate with the risk and magnitude of the harm result32 ing from the loss, misuse, or unauthorized access to, or modification

33 of, the information contained in the system.

34 (2) REVISION AND REVIEW.—The plan shall be revised annually as

35 necessary and is subject to disapproval by the Director of the Office

36 of Management and Budget.

37 (d) HANDLING OF INFORMATION NOT AFFECTED.—This section does

38 not—

39 (1) constitute authority to withhold information sought pursuant to

40 section 552 of title 5; or
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1 (2) authorize a federal agency to limit, restrict, regulate, or control

2 the collection, maintenance, disclosure, use, transfer, or sale of any in3 formation (regardless of the medium in which the information may be

4 maintained) that is—

5 (A) privately owned information;

6 (B) disclosable under section 552 of title 5 or another law re7 quiring or authorizing the public disclosure of information; or

8 (C) public domain information.

9 CHAPTER 115—INFORMATION TECHNOLOGY

10 ACQUISITION PILOT PROGRAMS

SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

Sec.

11501. Authority to conduct pilot programs.

11502. Evaluation criteria and plans.

11503. Report.

11504. Recommended legislation.

11505. Rule of construction.

SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

11521. Share-in-savings pilot program.

11522. Solutions-based contracting pilot program.

11 SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

12 § 11501. Authority to conduct pilot programs

13 (a) IN GENERAL.—

14 (1) PURPOSE.—In consultation with the Administrator for the Office

15 of Information and Regulatory Affairs, the Administrator for Federal

16 Procurement Policy may conduct pilot programs to test alternative ap17 proaches for the acquisition of information technology by executive

18 agencies.

19 (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—

20 Except as otherwise provided in this chapter, each pilot program con21 ducted under this chapter shall be carried out in not more than two

22 procuring activities in each of the executive agencies that are des23 ignated by the Administrator for Federal Procurement Policy in ac24 cordance with this chapter to carry out the pilot program. With the ap25 proval of the Administrator for Federal Procurement Policy, the head

26 of each designated executive agency shall select the procuring activities

27 of the executive agency that are to participate in the test and shall des28 ignate a procurement testing official who shall be responsible for the

29 conduct and evaluation of the pilot program within the executive agen30 cy.

31 (b) LIMITATIONS.—

32 (1) NUMBER.—Not more than two pilot programs may be conducted

33 under this chapter, including one pilot program each pursuant to the

34 requirements of sections 11521 and 11522 of this title.
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1 (2) AMOUNT.—The total amount obligated for contracts entered into

2 under the pilot programs conducted under this chapter may not exceed

3 $750,000,000. The Administrator for Federal Procurement Policy shall

4 monitor those contracts and ensure that contracts are not entered into

5 in violation of this paragraph.

6 (c) PERIOD OF PROGRAMS.—

7 (1) IN GENERAL.—Subject to paragraph (2), a pilot program may

8 be carried out under this chapter for the period, not in excess of five

9 years, the Administrator for Federal Procurement Policy determines is

10 sufficient to establish reliable results.

11 (2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into

12 under the pilot program before the expiration of that program remains

13 in effect according to the terms of the contract after the expiration of

14 the program.

15 § 11502. Evaluation criteria and plans

16 (a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable,

17 the head of each executive agency conducting a pilot program under section

18 11501 of this title shall establish measurable criteria for evaluating the ef19 fects of the procedures or techniques to be tested under the program.

20 (b) TEST PLAN.—Before a pilot program may be conducted under section

21 11501 of this title, the Administrator for Federal Procurement Policy shall

22 submit to Congress a detailed test plan for the program, including a de23 tailed description of the procedures to be used and a list of regulations that

24 are to be waived.

25 § 11503. Report

26 (a) REQUIREMENT.—Not later than 180 days after the completion of a

27 pilot program under this chapter, the Administrator for Federal Procure28 ment Policy shall—

29 (1) submit to the Director of the Office of Management and Budget

30 a report on the results and findings under the program; and

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

32 (b) CONTENT.—The report shall include—

33 (1) a detailed description of the results of the program, as measured

34 by the criteria established for the program; and

35 (2) a discussion of legislation that the Administrator recommends,

36 or changes in regulations that the Administrator considers necessary,

37 to improve overall information resources management in the Federal

38 Government.

39 § 11504. Recommended legislation

40 If the Director of the Office of Management and Budget determines that

41 the results and findings under a pilot program under this chapter indicate
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1 that legislation is necessary or desirable to improve the process for acquisi2 tion of information technology, the Director shall transmit the Director’s

3 recommendations for that legislation to Congress.

4 § 11505. Rule of construction

5 This chapter does not authorize the appropriation or obligation of

6 amounts for the pilot programs authorized under this chapter.

7 SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

8 § 11521. Share-in-savings pilot program

9 (a) REQUIREMENT.—The Administrator for Federal Procurement Policy

10 may authorize the heads of two executive agencies to carry out a pilot pro11 gram to test the feasibility of—

12 (1) contracting on a competitive basis with a private sector source

13 to provide the Federal Government with an information technology so14 lution for improving mission-related or administrative processes of the

15 Federal Government; and

16 (2) paying the private sector source an amount equal to a portion

17 of the savings derived by the Federal Government from any improve18 ments in mission-related processes and administrative processes that

19 result from implementation of the solution.

20 (b) LIMITATIONS.—The head of an executive agency authorized to carry

21 out the pilot program may carry out one project and enter into not more

22 than five contracts for the project under the pilot program.

23 (c) SELECTION OF PROJECTS.—In consultation with the Administrator

24 for the Office of Information and Regulatory Affairs, the Administrator for

25 Federal Procurement Policy shall select the projects.

26 § 11522. Solutions-based contracting pilot program

27 (a) DEFINITION.—For purposes of this section, ‘‘solutions-based con28 tracting’’ is an acquisition method under which the acquisition objectives are

29 defined by the Federal Government user of the technology to be acquired,

30 a streamlined contractor selection process is used, and industry sources are

31 allowed to provide solutions that attain the objectives effectively.

32 (b) IN GENERAL.—The Administrator for Federal Procurement Policy

33 may authorize the head of an executive agency, in accordance with sub34 section (d), to carry out a pilot program to test the feasibility of using solu35 tions-based contracting for the acquisition of information technology.

36 (c) PROCESS REQUIREMENTS.—The Administrator shall require use of a

37 process with the following aspects for acquisitions under the pilot program:

38 (1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—Prepara39 tion of an acquisition plan that defines the functional requirements of

40 the intended users of the information technology to be acquired, identi41 fies the operational improvements to be achieved, and defines the per-
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1 formance measurements to be applied in determining whether the infor2 mation technology acquired satisfies the defined requirements and at3 tains the identified results.

4 (2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement

5 of work that is limited to an expression of the end results or perform6 ance capabilities desired under the acquisition plan.

7 (3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acqui8 sition organization consisting of the following:

9 (A) An acquisition management team, the members of which are

10 to be evaluated and rewarded under the pilot program for con11 tributions toward attainment of the desired results identified in

12 the acquisition plan.

13 (B) A small source selection team composed of representatives

14 of the specific mission or administrative area to be supported by

15 the information technology to be acquired, a contracting officer,

16 and individuals with relevant expertise.

17 (4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE

18 QUALIFICATIONS AND COSTS.—Use of source selection factors that

19 emphasize—

20 (A) the qualifications of the offeror, including personnel skills,

21 previous experience in providing other private or public sector or22 ganizations with solutions for attaining objectives similar to the

23 objectives of the acquisition, past contract performance, qualifica24 tions of the proposed program manager, and the proposed man25 agement plan; and

26 (B) the costs likely to be associated with the conceptual ap27 proach proposed by the offeror.

28 (5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—Open

29 availability of the following information to potential offerors:

30 (A) The agency mission to be served by the acquisition.

31 (B) The functional process to be performed by use of informa32 tion technology.

33 (C) The process improvements to be attained.

34 (6) SIMPLE SOLICITATION.—Use of a simple solicitation that sets

35 forth only the functional work description, the source selection factors

36 to be used in accordance with paragraph (4), the required terms and

37 conditions, instructions regarding submission of offers, and the esti38 mate of the Government’s budget for the desired work.

39 (7) SIMPLE PROPOSALS.—Submission of oral presentations and writ40 ten proposals that are limited in size and scope and contain informa41 tion on—
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1 (A) the offeror’s qualifications to perform the desired work;

2 (B) past contract performance;

3 (C) the proposed conceptual approach; and

4 (D) the costs likely to be associated with the proposed concep5 tual approach.

6 (8) SIMPLE EVALUATION.—Use of a simplified evaluation process, to

7 be completed within 45 days after receipt of proposals, that consists

8 of the following:

9 (A) Identification of the most qualified offerors that are within

10 the competitive range.

11 (B) Issuance of invitations for at least three and not more than

12 five of the identified offerors to make oral presentations to, and

13 engage in discussions with, the evaluating personnel regarding, for

14 each offeror—

15 (i) the qualifications of the offeror, including how the quali16 fications of the offeror relate to the approach proposed to be

17 taken by the offeror in the acquisition; and

18 (ii) the costs likely to be associated with the approach.

19 (C) Evaluation of the qualifications of the identified offerors

20 and the costs likely to be associated with the offerors’ proposals

21 on the basis of submissions required under the process and any

22 oral presentations made by, and any discussions with, the offerors.

23 (9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection process

24 consisting of the following:

25 (A) Identification of the most qualified sources, primarily on the

26 basis of the oral proposals, presentations, and discussions, and

27 written proposals, submitted in accordance with paragraph (7).

28 (B) A program definition phase of 30–60 days (or a longer pe29 riod the Administrator approves)—

30 (i) during which the sources identified under subparagraph

31 (A), in consultation with one or more intended users, develop

32 a conceptual system design and technical approach, define

33 logical phases for the project, and estimate the total cost and

34 the cost for each phase; and

35 (ii) after which a contract for performance of the work may

36 be awarded to the source whose offer is determined to be

37 most advantageous to the Government on the basis of cost,

38 the responsiveness, reasonableness, and quality of the pro39 posed performance, and a sharing of risk and benefits be40 tween the source and the Government.
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1 (C) As many successive program definition phases as necessary

2 to award a contract in accordance with subparagraph (B).

3 (10) SYSTEM IMPLEMENTATION PHASING.—System implementation

4 to be executed in phases that are tailored to the solution, with appro5 priate contract arrangements being used for various phases and activi6 ties.

7 (11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Gov8 ernment or the contractor to terminate the contract without penalty at

9 the end of any phase defined for the project.

10 (12) TIME MANAGEMENT DISCIPLINE.—Application of a standard for

11 awarding a contract within 105 to 120 days after issuance of the solici12 tation, except that the Administrator may approve the application of

13 a longer standard period.

14 (d) PILOT PROGRAM PROJECTS.—The Administrator shall authorize to be

15 carried out under the pilot program—

16 (1) not more than 10 projects, each of which has an estimated cost

17 of at least $25,000,000 and not more than $100,000,000; and

18 (2) not more than 10 projects for small business concerns, each of

19 which has an estimated cost of at least $1,000,000 and not more than

20 $5,000,000.

21 (e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller General

22 shall—

23 (1) monitor the conduct, and review the results, of acquisitions under

24 the pilot program; and

25 (2) submit to Congress periodic reports containing the views of the

26 Comptroller General on the activities, results, and findings under the

27 pilot program.

28 CHAPTER 117—ADDITIONAL INFORMATION RESOURCES

29 MANAGEMENT MATTERS

Sec.

11701. On-line multiple award schedule contracting.

11702. Identification of excess and surplus computer equipment.

11703. Index of certain information in information systems included in directory established

under section 4101 of title 44.

11704. Procurement procedures.

30 § 11701. On-line multiple award schedule contracting

31 (a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—To

32 provide for the economic and efficient procurement of information tech33 nology and other commercial items, the Administrator of General Services

34 shall provide Federal Government-wide on-line computer access to informa35 tion on products and services that are available for ordering through the

36 multiple award schedules.
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1 (b) REQUIREMENTS.—The system for providing on-line computer access

2 shall—

3 (1) have the capability to—

4 (A) provide basic information on prices, features, and perform5 ance of all products and services available for ordering through the

6 multiple award schedules;

7 (B) provide for updating that information to reflect changes in

8 prices, features, and performance as soon as information on the

9 changes becomes available; and

10 (C) enable users to make on-line computer comparisons of the

11 prices, features, and performance of similar products and services

12 offered by various vendors; and

13 (2) be used to place orders under the multiple award schedules in

14 a fiscal year for an amount equal to at least 60 percent of the total

15 amount spent for all orders under the multiple award schedules in that

16 fiscal year.

17 (c) STREAMLINED PROCEDURES.—

18 (1) PILOT PROGRAM.—On certification by the Administrator of Gen19 eral Services that the system for providing on-line computer access

20 meets the requirements of subsection (b)(1) and was used as required

21 by subsection (b)(2) in the fiscal year preceding the fiscal year in which

22 the certification is made, the Administrator for Federal Procurement

23 Policy may establish a pilot program to test streamlined procedures for

24 the procurement of information technology products and services avail25 able for ordering through the multiple award schedules.

26 (2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—

27 Except as provided in paragraph (4), the pilot program shall be appli28 cable to all multiple award schedule contracts for the purchase of infor29 mation technology and shall test the following procedures:

30 (A) A procedure under which negotiation of the terms and con31 ditions for a covered multiple award schedule contract is limited

32 to terms and conditions other than price.

33 (B) A procedure under which the vendor establishes the prices

34 under a covered multiple award schedule contract and may adjust

35 those prices at any time in the discretion of the vendor.

36 (C) A procedure under which a covered multiple award schedule

37 contract is awarded to any responsible offeror that—

38 (i) has a suitable record of past performance, which may

39 include past performance on multiple award schedule con40 tracts;
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1 (ii) agrees to terms and conditions that the Administrator

2 for Federal Procurement Policy determines are required by

3 law or are appropriate for the purchase of commercial items;

4 and

5 (iii) agrees to establish and update prices, features, and

6 performance and to accept orders electronically through the

7 automated system established pursuant to subsection (a).

8 (3) COMPTROLLER GENERAL REVIEW AND REPORT.—

9 (A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—

10 Not later than three years after the date on which the pilot pro11 gram is established, the Comptroller General shall review the pilot

12 program and report to Congress on the results of the pilot pro13 gram.

14 (B) CONTENT OF REPORT.—The report shall include the fol15 lowing:

16 (i) An evaluation of the extent to which there is competi17 tion for the orders placed under the pilot program.

18 (ii) The effect that the streamlined procedures under the

19 pilot program have on prices charged under multiple award

20 schedule contracts.

21 (iii) The effect that those procedures have on paperwork

22 requirements for multiple award schedule contracts and or23 ders.

24 (iv) The impact of the pilot program on small businesses

25 and socially and economically disadvantaged small businesses.

26 (4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM

27 PILOT PROGRAM.—

28 (A) WHEN ALLOWED.—The Administrator for Federal Procure29 ment Policy may withdraw a multiple award schedule or portion

30 of a schedule from the pilot program if the Administrator deter31 mines that—

32 (i) price competition is not available under that schedule or

33 portion of that schedule; or

34 (ii) the cost to the Government for that schedule or portion

35 for the previous year was higher than it would have been if

36 the contract for that schedule or portion had been awarded

37 using procedures that would apply if the pilot program were

38 not in effect.

39 (B) NOTICE.—The Administrator for Federal Procurement Pol40 icy shall notify Congress at least 30 days before the date on which
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1 the Administrator withdraws a schedule or portion under this

2 paragraph.

3 (C) AUTHORITY NOT DELEGABLE.—The authority under this

4 paragraph may not be delegated.

5 (5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized by law,

6 the authority of the Administrator for Federal Procurement Policy to

7 award contracts under the pilot program shall expire four years after

8 the date on which the pilot program is established. A contract entered

9 into before the authority expires remains in effect according to the

10 terms of the contract after the expiration of the authority to award new

11 contracts under the pilot program.

12 § 11702. Identification of excess and surplus computer

13 equipment

14 In accordance with chapter 5 of this title, the head of an executive agency

15 shall maintain an inventory of all computer equipment under the control of

16 that official that is excess or surplus property.

17 § 11703. Index of certain information in information systems

18 included in directory established under section

19 4101 of title 44

20 If in designing an information technology system pursuant to this sub21 title, the head of an executive agency determines that a purpose of the sys22 tem is to disseminate information to the public, then the head of that execu23 tive agency shall reasonably ensure that an index of information dissemi24 nated by the system is included in the directory created pursuant to section

25 4101 of title 44. This section does not authorize the dissemination of infor26 mation to the public unless otherwise authorized.

27 § 11704. Procurement procedures

28 To the maximum extent practicable, the Federal Acquisition Regulatory

29 Council shall ensure that the process for acquisition of information tech30 nology is a simplified, clear, and understandable process that specifically ad31 dresses the management of risk, incremental acquisitions, and the need to

32 incorporate commercial information technology in a timely manner.

33 SUBTITLE IV—APPALACHIAN REGIONAL

34 DEVELOPMENT

CHAPTER Sec.

141. GENERAL PROVISIONS .............................................................................. 14101

143. APPALACHIAN REGIONAL COMMISSION ............................................... 14301

145. SPECIAL APPALACHIAN PROGRAMS ...................................................... 14501

147. MISCELLANEOUS ......................................................................................... 14701

35 CHAPTER 141—GENERAL PROVISIONS

Sec.

14101. Findings and purposes.

14102. Definitions.
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1 § 14101. Findings and purposes

2 (a) 1965 FINDINGS AND PURPOSE.—

3 (1) FINDINGS.—Congress finds and declares that the Appalachian

4 region of the United States, while abundant in natural resources and

5 rich in potential, lags behind the rest of the Nation in its economic

6 growth and that its people have not shared properly in the Nation’s

7 prosperity. The region’s uneven past development, with its historical re8 liance on a few basic industries and a marginal agriculture, has failed

9 to provide the economic base that is a vital prerequisite for vigorous,

10 self-sustaining growth. State and local governments and the people of

11 the region understand their problems and have been working, and will

12 continue to work, purposefully toward their solution. Congress recog13 nizes the comprehensive report of the President’s Appalachian Regional

14 Commission documenting these findings and concludes that regionwide

15 development is feasible, desirable, and urgently needed.

16 (2) PURPOSE.—It is the purpose of this subtitle to assist the region

17 in meeting its special problems, to promote its economic development,

18 and to establish a framework for joint federal and state efforts toward

19 providing the basic facilities essential to its growth and attacking its

20 common problems and meeting its common needs on a coordinated and

21 concerted regional basis. The public investments made in the region

22 under this subtitle shall be concentrated in areas where there is a sig23 nificant potential for future growth and where the expected return on

24 public dollars invested will be the greatest. States will be responsible

25 for recommending local and state projects within their borders that will

26 receive assistance under this subtitle. As the region obtains the needed

27 physical and transportation facilities and develops its human resources,

28 Congress expects that the region will generate a diversified industry

29 and that the region will then be able to support itself through the

30 workings of a strengthened free enterprise economy.

31 (b) 1975 FINDINGS AND PURPOSE.—

32 (1) FINDINGS.—Congress further finds and declares that while sub33 stantial progress has been made toward achieving the purposes set out

34 in subsection (a), especially with respect to the provision of essential

35 public facilities, much remains to be accomplished, especially with re36 spect to the provision of essential health, education, and other public

37 services. Congress recognizes that changes and evolving national pur38 poses in the decade since 1965 affect not only the Appalachian region

39 but also its relationship to a nation that on December 31, 1975, is as40 signing higher priority to conservation and the quality of life, values

41 long cherished within the region. Appalachia as of December 31, 1975,
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1 has the opportunity, in accommodating future growth and development,

2 to demonstrate local leadership and coordinated planning so that hous3 ing, public services, transportation and other community facilities will

4 be provided in a way congenial to the traditions and beauty of the re5 gion and compatible with conservation values and an enhanced quality

6 of life for the people of the region, and consistent with that goal, the

7 Appalachian region should be able to take advantage of eco-industrial

8 development, which promotes both employment and economic growth

9 and the preservation of natural resources. Congress recognizes also

10 that fundamental changes are occurring in national energy require11 ments and production, which not only risk short-term dislocations but

12 will undoubtedly result in major long-term effects in the region. It is

13 essential that the opportunities for expanded energy production be used

14 so as to maximize the social and economic benefits and minimize the

15 social and environmental costs to the region and its people.

16 (2) PURPOSE.—It is also the purpose of this subtitle to provide a

17 framework for coordinating federal, state and local efforts toward—

18 (A) anticipating the effects of alternative energy policies and

19 practices;

20 (B) planning for accompanying growth and change so as to

21 maximize the social and economic benefits and minimize the social

22 and environmental costs; and

23 (C) implementing programs and projects carried out in the re24 gion by federal, state, and local governmental agencies so as to

25 better meet the special problems generated in the region by the

26 Nation’s energy needs and policies, including problems of trans27 portation, housing, community facilities, and human services.

28 (c) 1998 FINDINGS AND PURPOSE.—

29 (1) FINDINGS.—Congress further finds and declares that while sub30 stantial progress has been made in fulfilling many of the objectives of

31 this subtitle, rapidly changing national and global economies over the

32 decade ending November 13, 1998, have created new problems and

33 challenges for rural areas throughout the United States and especially

34 for the Appalachian region.

35 (2) PURPOSE.—In addition to the purposes stated in subsections (a)

36 and (b), it is the purpose of this subtitle—

37 (A) to assist the Appalachian region in—

38 (i) providing the infrastructure necessary for economic and

39 human resource development;

40 (ii) developing the region’s industry;

41 (iii) building entrepreneurial communities;
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1 (iv) generating a diversified regional economy; and

2 (v) making the region’s industrial and commercial re3 sources more competitive in national and world markets;

4 (B) to provide a framework for coordinating federal, state, and

5 local initiatives to respond to the economic competitiveness chal6 lenges in the Appalachian region through—

7 (i) improving the skills of the region’s workforce;

8 (ii) adapting and applying new technologies for the region’s

9 businesses, including eco-industrial development technologies;

10 and

11 (iii) improving the access of the region’s businesses to the

12 technical and financial resources necessary to development of

13 the businesses; and

14 (C) to address the needs of severely and persistently distressed

15 areas of the Appalachian region and focus special attention on the

16 areas of greatest need so as to provide a fairer opportunity for the

17 people of the region to share the quality of life generally enjoyed

18 by citizens across the United States.

19 § 14102. Definitions

20 (a) DEFINITIONS.—In this subtitle—

21 (1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ means

22 that area of the eastern United States consisting of the following coun23 ties (including any political subdivision located within the area):

24 (A) In Alabama, the counties of Bibb, Blount, Calhoun, Cham25 bers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman,

26 De Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jef27 ferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madi28 son, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair,

29 Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.

30 (B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll,

31 Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert,

32 Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett,

33 Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin,

34 Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens,

35 Towns, Union, Walker, White, and Whitfield.

36 (C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,

37 Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,

38 Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,

39 Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel,

40 Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madi41 son, Magoffin, Martin, Menifee, Monroe, Montgomery, Morgan,
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1 Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell,

2 Wayne, Whitley, and Wolfe.

3 (D) In Maryland, the counties of Allegany, Garrett, and Wash4 ington.

5 (E) In Mississippi, the counties of Alcorn, Benton, Calhoun,

6 Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes,

7 Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola,

8 Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, Winston,

9 and Yalobusha.

10 (F) In New York, the counties of Allegany, Broome,

11 Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Dela12 ware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins.

13 (G) In North Carolina, the counties of Alexander, Alleghany,

14 Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,

15 Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,

16 Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,

17 Transylvania, Watauga, Wilkes, Yadkin, and Yancey.

18 (H) In Ohio, the counties of Adams, Athens, Belmont, Brown,

19 Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har20 rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,

21 Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,

22 Scioto, Tuscarawas, Vinton, and Washington.

23 (I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea24 ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,

25 Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk,

26 Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jef27 ferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming,

28 McKean, Mercer, Mifflin, Monroe, Montour, Northumberland,

29 Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Sus30 quehanna, Tioga, Union, Venango, Warren, Washington, Wayne,

31 Westmoreland, and Wyoming.

32 (J) In South Carolina, the counties of Anderson, Cherokee,

33 Greenville, Oconee, Pickens, and Spartanburg.

34 (K) In Tennessee, the counties of Anderson, Bledsoe, Blount,

35 Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Cof36 fee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,

37 Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer38 son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs,

39 Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane,

40 Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van

41 Buren, Warren, Washington, and White.
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1 (L) In Virginia, the counties of Alleghany, Bath, Bland,

2 Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles,

3 Grayson, Highland, Lee, Montgomery, Pulaski, Rockbridge, Rus4 sell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

5 (M) All the counties of West Virginia.

6 (2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development

7 district’’ means any of the following entities for which the Governor of

8 the State in which the entity is located, or the appropriate state officer,

9 certifies to the Appalachian Regional Commission that the entity has

10 a charter or authority that includes the economic development of coun11 ties or parts of counties or other political subdivisions within the re12 gion:

13 (A) a nonprofit incorporated body organized or chartered under

14 the law of the State in which it is located.

15 (B) a nonprofit agency or instrumentality of a state or local

16 government.

17 (C) a nonprofit agency or instrumentality created through an

18 interstate compact.

19 (D) a nonprofit association or combination of bodies, agencies,

20 and instrumentalities described in this paragraph.

21 (b) CHANGE IN DEFINITION.—The Commission may not propose or con22 sider a recommendation for any change in the definition of the Appalachian

23 region as set forth in this section without a prior resolution by the Com24 mittee on Environment and Public Works of the Senate or the Committee

25 on Transportation and Infrastructure of the House of Representatives that

26 directs a study of the change.

27 CHAPTER 143—APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

Sec.

14301. Establishment, membership, and employees.

14302. Decisions.

14303. Functions.

14304. Recommendations.

14305. Liaison between Federal Government and Commission.

14306. Administrative powers and expenses.

14307. Meetings.

14308. Information.

14309. Personal financial interests.

14310. Annual report.

SUBCHAPTER II—FINANCIAL ASSISTANCE

14321. Grants and other assistance.

14322. Approval of development plans, strategy statements, and projects.

28 SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

29 § 14301. Establishment, membership, and employees

30 (a) ESTABLISHMENT.—There is an Appalachian Regional Commission.

31 (b) MEMBERSHIP.—
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1 (1) FEDERAL AND STATE MEMBERS.—The Commission is composed

2 of the Federal Cochairman, appointed by the President by and with the

3 advice and consent of the Senate, and the Governor of each partici4 pating State in the Appalachian region.

5 (2) ALTERNATE MEMBERS.—Each state member may have a single

6 alternate, appointed by the Governor from among the members of the

7 Governor’s cabinet or the Governor’s personal staff. The President, by

8 and with the advice and consent of the Senate, shall appoint an alter9 nate for the Federal Cochairman. An alternate shall vote in the event

10 of the absence, death, disability, removal, or resignation of the member

11 for whom the individual is an alternate. A state alternate shall not be

12 counted toward the establishment of a quorum of the Commission when

13 a quorum of the state members is required.

14 (3) COCHAIRMEN.—The Federal Cochairman is one of the two Co15 chairmen of the Commission. The state members shall elect a Cochair16 man of the Commission from among themselves for a term of not less

17 than one year.

18 (c) COMPENSATION.—The Federal Cochairman shall be compensated by

19 the Federal Government at level III of the Executive Schedule as set out

20 in section 5314 of title 5. The Federal Cochairman’s alternate shall be com21 pensated by the Government at level V of the Executive Schedule as set out

22 in section 5316 of title 5. Each state member and alternate shall be com23 pensated by the State which they represent at the rate established by law

24 of that State.

25 (d) DELEGATION.—

26 (1) POWERS AND RESPONSIBILITIES.—Commission powers and re27 sponsibilities specified in section 14302(c) and (d) of this title, and the

28 vote of any Commission member, may not be delegated to an individual

29 who is not a Commission member or who is not entitled to vote in

30 Commission meetings.

31 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Fed32 eral Cochairman shall perform the functions and duties the Federal Co33 chairman delegates when not actively serving as the alternate.

34 (e) EXECUTIVE DIRECTOR.—The Commission has an executive director.

35 The executive director is responsible for carrying out the administrative

36 functions of the Commission, for directing the Commission staff, and for

37 other duties the Commission may assign.

38 (f) STATUS OF PERSONNEL.—Members, alternates, officers, and employ39 ees of the Commission are not federal employees for any purpose, except

40 the Federal Cochairman, the alternate to the Federal Cochairman, the staff
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1 of the Federal Cochairman, and federal employees detailed to the Commis2 sion under section 14306(a)(3) of this title.

3 § 14302. Decisions

4 (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section

5 14306(d) of this title, decisions by the Appalachian Regional Commission

6 require the affirmative vote of the Federal Cochairman and of a majority

7 of the state members, exclusive of members representing States delinquent

8 under section 14306(d).

9 (b) CONSULTATION.—In matters coming before the Commission, the Fed10 eral Cochairman, to the extent practicable, shall consult with the federal de11 partments and agencies having an interest in the subject matter.

12 (c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision

13 involving Commission policy, approval of state, regional or subregional de14 velopment plans or strategy statements, modification or revision of the Ap15 palachian Regional Commission Code, allocation of amounts among the

16 States, or designation of a distressed county or an economically strong

17 county shall not be made without a quorum of state members.

18 (d) PROJECT AND GRANT PROPOSALS.—The approval of project and

19 grant proposals is a responsibility of the Commission and shall be carried

20 out in accordance with section 14322 of this title.

21 § 14303. Functions

22 (a) IN GENERAL.—In carrying out the purposes of this subtitle, the Ap23 palachian Regional Commission shall—

24 (1) develop, on a continuing basis, comprehensive and coordinated

25 plans and programs and establish priorities under those plans and pro26 grams, giving due consideration to other federal, state, and local plan27 ning in the Appalachian region;

28 (2) conduct and sponsor investigations, research, and studies, includ29 ing an inventory and analysis of the resources of the region, and, in

30 cooperation with federal, state, and local agencies, sponsor demonstra31 tion projects designed to foster regional productivity and growth;

32 (3) review and study, in cooperation with the agency involved, fed33 eral, state, and local public and private programs and, where appro34 priate, recommend modifications or additions which will increase their

35 effectiveness in the region;

36 (4) formulate and recommend, where appropriate, interstate com37 pacts and other forms of interstate cooperation and work with state

38 and local agencies in developing appropriate model legislation;

39 (5) encourage the formation of, and support, local development dis40 tricts;
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1 (6) encourage private investment in industrial, commercial, and rec2 reational projects;

3 (7) serve as a focal point and coordinating unit for Appalachian pro4 grams;

5 (8) provide a forum for consideration of problems of the region and

6 proposed solutions and establish and utilize, as appropriate, citizens

7 and special advisory councils and public conferences;

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

9 approaches; and

10 (10) seek to coordinate the economic development activities of, and

11 the use of economic development resources by, federal agencies in the

12 region.

13 (b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying

14 out its functions under this section, the Commission shall identify the char15 acteristics of, and may distinguish between the needs and goals of, appro16 priate subregional areas, including central, northern, and southern Appa17 lachia.

18 § 14304. Recommendations

19 The Appalachian Regional Commission may make recommendations to

20 the President and to the Governors and appropriate local officials with re21 spect to—

22 (1) the expenditure of amounts by federal, state, and local depart23 ments and agencies in the Appalachian region in the fields of natural

24 resources, agriculture, education, training, and health and welfare and

25 in other fields related to the purposes of this subtitle; and

26 (2) additional federal, state, and local legislation or administrative

27 actions as the Commission considers necessary to further the purposes

28 of this subtitle.

29 § 14305. Liaison between Federal Government and Commis30 sion

31 (a) PRESIDENT.—The President shall provide effective and continuing li32 aison between the Federal Government and the Appalachian Regional Com33 mission and a coordinated review within the Government of the plans and

34 recommendations submitted by the Commission pursuant to sections 14303

35 and 14304 of this title.

36 (b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In car37 rying out subsection (a), the President shall establish the Interagency Co38 ordinating Council on Appalachia, to be composed of the Federal Cochair39 man and representatives of federal agencies that carry out economic devel40 opment programs in the Appalachian region. The Federal Cochairman is the

41 Chairperson of the Council.
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1 § 14306. Administrative powers and expenses

2 (a) POWERS.—To carry out its duties under this subtitle, the Appa3 lachian Regional Commission may—

4 (1) adopt, amend, and repeal bylaws and regulations governing the

5 conduct of its business and the performance of its functions;

6 (2) appoint and fix the compensation of an executive director and

7 other personnel as necessary to enable the Commission to carry out its

8 functions, except that the compensation shall not exceed the maximum

9 rate of basic pay for the Senior Executive Service under section 5382

10 of title 5, including any applicable locality-based comparability payment

11 that may be authorized under section 5304(h)(2)(C) of title 5;

12 (3) request the head of any federal department or agency to detail

13 to temporary duty with the Commission personnel within the adminis14 trative jurisdiction of the head of the department or agency that the

15 Commission may need for carrying out its functions, each detail to be

16 without loss of seniority, pay, or other employee status;

17 (4) arrange for the services of personnel from any state or local gov18 ernment, subdivision or agency of a state or local government, or inter19 governmental agency;

20 (5)(A) make arrangements, including contracts, with any partici21 pating state government for inclusion in a suitable retirement and em22 ployee benefit system of Commission personnel who may not be eligible

23 for, or continue in, another governmental retirement or employee ben24 efit system; or

25 (B) otherwise provide for coverage of its personnel;

26 (6) accept, use, and dispose of gifts or donations of services or any

27 property;

28 (7) enter into and perform contracts, leases (including the lease of

29 office space for any term), cooperative agreements, or other trans30 actions, necessary in carrying out its functions, on terms as it may con31 sider appropriate, with any—

32 (A) department, agency, or instrumentality of the Federal Gov33 ernment;

34 (B) State or political subdivision, agency, or instrumentality of

35 a State; or

36 (C) person;

37 (8) maintain a temporary office in the District of Columbia and es38 tablish a permanent office at a central and appropriate location it may

39 select and field offices at other places it may consider appropriate; and

40 (9) take other actions and incur other expenses as may be necessary

41 or appropriate.
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1 (b) AUTHORIZATIONS.—

2 (1) DETAIL EMPLOYEES.—The head of a federal department or

3 agency may detail personnel under subsection (a)(3).

4 (2) ENTER INTO AND PERFORM TRANSACTIONS.—A department,

5 agency, or instrumentality of the Government, to the extent not other6 wise prohibited by law, may enter into and perform a contract, lease,

7 cooperative agreement, or other transaction under subsection (a)(7).

8 (c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di9 rector of the Office of Personnel Management may contract with the Com10 mission for continued coverage of Commission employees, if the employees

11 are federal employees when they begin Commission employment, in the re12 tirement program and other employee benefit programs of the Government.

13 (d) EXPENSES.—Administrative expenses of the Commission shall be paid

14 equally by the Government and the States in the Appalachian region, except

15 that the expenses of the Federal Cochairman, the alternate to the Federal

16 Cochairman, and the staff of the Federal Cochairman shall be paid only by

17 the Government. The Commission shall determine the amount to be paid

18 by each State. The Federal Cochairman shall not participate or vote in that

19 determination. Assistance authorized by this subtitle shall not be furnished

20 to any State or to any political subdivision or any resident of any State,

21 and a state member of the Commission shall not participate or vote in any

22 decision by the Commission, while the State is delinquent in payment of its

23 share of administrative expenses.

24 § 14307. Meetings

25 (a) IN GENERAL.—The Appalachian Regional Commission shall conduct

26 at least one meeting each year with the Federal Cochairman and at least

27 a majority of the state members present.

28 (b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission

29 may conduct additional meetings by electronic means as the Commission

30 considers advisable, including meetings to decide matters requiring an af31 firmative vote.

32 § 14308. Information

33 (a) ACTIONS OF COMMISSION.—To obtain information needed to carry

34 out its duties, the Appalachian Regional Commission shall—

35 (1) hold hearings, sit and act at times and places, take testimony,

36 receive evidence, and print or otherwise reproduce and distribute so

37 much of its proceedings and reports on the proceedings as the Commis38 sion may deem advisable;

39 (2) arrange for the head of any federal, state, or local department

40 or agency to furnish to the Commission information as may be avail41 able to or procurable by the department or agency; and
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1 (3) keep accurate and complete records of its doings and trans2 actions which shall be made available for—

3 (A) public inspection; and

4 (B) audit and examination by the Comptroller General or an au5 thorized representative of the Comptroller General.

6 (b) AUTHORIZATIONS.—

7 (1) ADMINISTER OATHS.—A Cochairman of the Commission, or any

8 member of the Commission designated by the Commission, may admin9 ister oaths when the Commission decides that testimony shall be taken

10 or evidence received under oath.

11 (2) FURNISH INFORMATION.—The head of any federal, state, or local

12 department or agency, to the extent not otherwise prohibited by law,

13 may carry out section (a)(2).

14 (c) PUBLIC PARTICIPATION.—Public participation in the development, re15 vision, and implementation of all plans and programs under this subtitle by

16 the Commission, any State, or any local development district shall be pro17 vided for, encouraged, and assisted. The Commission shall develop and pub18 lish regulations specifying minimum guidelines for public participation, in19 cluding public hearings.

20 § 14309. Personal financial interests

21 (a) CONFLICT OF INTEREST.—

22 (1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an

23 individual who is a state member or alternate, or an officer or employee

24 of the Appalachian Regional Commission, shall not participate person25 ally and substantially as a member, alternate, officer, or employee in

26 any way in any particular matter in which, to the individual’s knowl27 edge, any of the following has a financial interest:

28 (A) the individual.

29 (B) the individual’s spouse, minor child, or partner.

30 (C) an organization (except a State or political subdivision of

31 a State) in which the individual is serving as an officer, director,

32 trustee, partner, or employee.

33 (D) any person or organization with whom the individual—

34 (i) is serving as an officer, director, trustee, partner, or em35 ployee; or

36 (ii) is negotiating or has any arrangement concerning pro37 spective employment.

38 (2) EXCEPTION.—Paragraph (1) does not apply if the individual

39 first advises the Commission of the nature and circumstances of the

40 particular matter and makes full disclosure of the financial interest and

41 receives in advance a written decision of the Commission that the inter-
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1 est is not so substantial as to be considered likely to affect the integrity

2 of the services which the Commission may expect from the individual.

3 (3) CRIMINAL PENALTY.—An individual violating this subsection

4 shall be fined under title 18, imprisoned for not more than two years,

5 or both.

6 (b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—

7 (1) STATE MEMBER OR ALTERNATE.—A state member or alternate

8 may not receive any salary, or any contribution to, or supplementation

9 of, salary, for services on the Commission from a source other than the

10 State of the member or alternate.

11 (2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed

12 to serve the Commission under section 14306(a)(4) of this title may

13 not receive any salary, or any contribution to, or supplementation of,

14 salary, for services on the Commission from a source other than the

15 state, local, or intergovernmental department or agency from which the

16 individual was detailed or from the Commission.

17 (3) CRIMINAL PENALTY.—An individual violating this subsection

18 shall be fined under title 18, imprisoned for not more than one year,

19 or both.

20 (c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND

21 FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al22 ternate to the Federal Cochairman, and any federal officer or employee de23 tailed to duty with the Commission under section 14306(a)(3) of this title

24 are not subject to this section but remain subject to sections 202–209 of

25 title 18.

26 (d) RESCISSION.—The Commission may declare void and rescind any con27 tract, loan, or grant of or by the Commission in relation to which it finds

28 that there has been a violation of subsection (a)(1) or (b) of this section

29 or any of the provisions of sections 202–209 of title 18.

30 § 14310. Annual report

31 Not later than six months after the close of each fiscal year, the Appa32 lachian Regional Commission shall prepare and submit to the Governor of

33 each State in the Appalachian region and to the President, for transmittal

34 to Congress, a report on the activities carried out under this subtitle during

35 the fiscal year.

36 SUBCHAPTER II—FINANCIAL ASSISTANCE

37 § 14321. Grants and other assistance

38 (a) AUTHORIZATION TO MAKE GRANTS.—

39 (1) IN GENERAL.—The Appalachian Regional Commission may make

40 grants—
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1 (A) for administrative expenses, including the development of

2 areawide plans or action programs and technical assistance activi3 ties, of local development districts, but—

4 (i) the amount of a grant shall not exceed 50 percent of

5 administrative expenses or, at the discretion of the Commis6 sion, 75 percent of administrative expenses if the grant is to

7 a local development district that has a charter or authority

8 that includes the economic development of a county or part

9 of a county for which a distressed county designation is in ef10 fect under section 14526 of this title;

11 (ii) grants for administrative expenses shall not be made

12 for a state agency certified as a local development district for

13 a period of more than three years beginning on the date the

14 initial grant is made for the development district; and

15 (iii) the local development district contributions for admin16 istrative expenses may be in cash or in kind, fairly evaluated,

17 including space, equipment, and services;

18 (B) for assistance to States for a period of not more than two

19 years to strengthen the state development planning process for the

20 Appalachian region and the coordination of state planning under

21 this subtitle, the Public Works and Economic Development Act of

22 1965 (42 U.S.C. 3121 et seq.), and other federal and state pro23 grams; and

24 (C) for investigation, research, studies, evaluations, and assess25 ments of needs, potentials, or attainments of the people of the re26 gion, technical assistance, training programs, demonstrations, and

27 the construction of necessary facilities incident to those activities,

28 which will further the purposes of this subtitle.

29 (2) LIMITATION ON AVAILABLE AMOUNTS.—

30 (A) IN GENERAL.—Except as provided in subparagraph (B), not

31 more than 50 percent (or 80 percent in the case of a project to

32 be carried out in a county for which a distressed county designa33 tion is in effect under section 14526 of this title) of the cost of

34 any activity eligible for financial assistance under this section may

35 be provided from amounts appropriated to carry out this subtitle.

36 (B) DISCRETIONARY GRANTS.—

37 (i) GRANTS TO WHICH PERCENTAGE LIMITATION DOESN’T

38 APPLY.—Discretionary grants made by the Commission to

39 implement significant regional initiatives, to take advantage

40 of special development opportunities, or to respond to emer41 gency economic distress in the region may be made without
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1 regard to the percentage limitations specified in subparagraph

2 (A).

3 (ii) LIMITATION ON AGGREGATE AMOUNT.—For each fiscal

4 year, the aggregate amount of discretionary grants referred

5 to in clause (i) shall not be more than 10 percent of the

6 amount appropriated under section 14703 of this title for the

7 fiscal year.

8 (3) SOURCES OF GRANTS.—Grant amounts may be provided entirely

9 from appropriations to carry out this section, in combination with

10 amounts available under other federal or federal grant programs, or

11 from any other source.

12 (4) FEDERAL SHARE.—Notwithstanding any law limiting the federal

13 share in any other federal or federal grant program, amounts appro14 priated to carry out this section may be used to increase that federal

15 share, as the Commission decides is appropriate.

16 (b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOP17 MENT.—

18 (1) IN GENERAL.—The Commission may provide assistance under

19 this section for demonstrations of enterprise development, including site

20 acquisition or development where necessary for the feasibility of the

21 project, in connection with the development of the region’s energy re22 sources and the development and stimulation of indigenous arts and

23 crafts of the region.

24 (2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the pur25 poses of this subtitle and in implementing this section, the Secretary

26 of Energy, the Environmental Protection Agency, and other federal

27 agencies shall cooperate with the Commission and shall provide assist28 ance that the Federal Cochairman may request.

29 (3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—

30 (A) $3,000,000 shall be obligated for energy resource related

31 demonstrations; and

32 (B) $2,500,000 shall be obligated for indigenous arts and crafts

33 demonstrations.

34 (c) RECORDS.—

35 (1) COMMISSION.—The Commission, as required by the President,

36 shall maintain accurate and complete records of transactions and ac37 tivities financed with federal amounts and report to the President on

38 the transactions and activities. The records of the Commission with re39 spect to grants are available for audit by the President and the Comp40 troller General.
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1 (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of federal as2 sistance under this section, as required by the Commission, shall main3 tain accurate and complete records of transactions and activities fi4 nanced with federal amounts and report to the Commission on the

5 transactions and activities. The records are be available for audit by

6 the President, the Comptroller General, and the Commission.

7 § 14322. Approval of development plans, strategy state8 ments, and projects

9 (a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian Re10 gional Commission annually shall review and approve, in accordance with

11 section 14302 of this title, state and regional development plans and strat12 egy statements, and any multistate subregional plans which may be devel13 oped.

14 (b) APPLICATION PROCESS.—An application for a grant or for other as15 sistance for a specific project under this subtitle shall be made through the

16 state member of the Commission representing the applicant. The state

17 member shall evaluate the application for approval. To be approved, the

18 state member must certify, and the Federal Cochairman must determine,

19 that the application—

20 (1) implements the Commission-approved state development plan;

21 (2) is included in the Commission-approved strategy statement;

22 (3) adequately ensures that the project will be properly administered,

23 operated, and maintained; and

24 (4) otherwise meets the requirements for assistance under this sub25 title.

26 (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the appro27 priate state development plan and strategy statement are approved, certifi28 cation by a state member, when joined by an affirmative vote of the Federal

29 Cochairman, is deemed to satisfy the requirements for affirmative votes for

30 decisions under section 14302(a) of this title.

31 CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS

SUBCHAPTER I—PROGRAMS

Sec.

14501. Appalachian development highway system.

14502. Demonstration health projects.

14503. Assistance for proposed low- and middle-income housing projects.

14504. Telecommunications and technology initiative.

14505. Entrepreneurship initiative.

14506. Regional skills partnerships.

14507. Supplements to federal grant programs.

SUBCHAPTER II—ADMINISTRATIVE

14521. Required level of expenditure.

14522. Consent of States.

14523. Program implementation.

14524. Program development criteria.
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14525. State development planning process.

14526. Distressed and economically strong counties.

1 SUBCHAPTER I—PROGRAMS

2 § 14501. Appalachian development highway system

3 (a) PURPOSE.—To provide a highway system which, in conjunction with

4 the Interstate System and other Federal-aid highways in the Appalachian

5 region, will open up an area with a developmental potential where commerce

6 and communication have been inhibited by lack of adequate access, the Sec7 retary of Transportation may assist in the construction of an Appalachian

8 development highway system and local access roads serving the Appalachian

9 region. Construction on the development highway system shall not be more

10 than 3,025 miles. There shall not be more than 1,400 miles of local access

11 roads that serve specific recreational, residential, educational, commercial,

12 industrial, or similar facilities or facilitate a school consolidation program.

13 (b) COMMISSION DESIGNATIONS.—

14 (1) WHAT IS TO BE DESIGNATED.—The Appalachian Regional Com15 mission shall transmit to the Secretary its designations of—

16 (A) the general corridor location and termini of the development

17 highways;

18 (B) local access roads to be constructed;

19 (C) priorities for the construction of segments of the develop20 ment highways; and

21 (D) other criteria for the program authorized by this section.

22 (2) STATE TRANSPORTATION DEPARTMENT RECOMMENDATION RE23 QUIRED.—Before a state member participates in or votes on designa24 tions, the member must obtain the recommendations of the state trans25 portation department of the State which the member represents.

26 (c) ADDITION TO FEDERAL-AID PRIMARY SYSTEM.—When completed,

27 each development highway not already on the Federal-aid primary system

28 shall be added to the system.

29 (d) USE OF SPECIFIC MATERIALS AND PRODUCTS.—

30 (1) INDIGENOUS MATERIALS AND PRODUCTS.—In the construction of

31 highways and roads authorized under this section, a State may give

32 special preference to the use of materials and products indigenous to

33 the Appalachian region.

34 (2) COAL DERIVATIVES.—For research and development in the use

35 of coal and coal products in highway construction and maintenance, the

36 Secretary may require each participating State, to the maximum extent

37 possible, to use coal derivatives in the construction of not more than

38 10 percent of the roads authorized under this subtitle.
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1 (e) FEDERAL SHARE.—Federal assistance to any construction project

2 under this section shall not be more than 80 percent of the cost of the

3 project.

4 (f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—

5 (1) PAYMENT OF FEDERAL SHARE.—When a participating State

6 constructs a segment of a development highway without the aid of fed7 eral amounts and the construction is in accordance with all procedures

8 and requirements applicable to the construction of segments of Appa9 lachian development highways with those amounts, except for proce10 dures and requirements that limit a State to the construction of

11 projects for which federal amounts have previously been appropriated,

12 the Secretary, on application by the State and with the approval of the

13 Commission, may pay to the State the federal share, which shall not

14 be more than 80 percent of the cost of the construction of the segment,

15 from any amounts appropriated and allocated to the State to carry out

16 this section.

17 (2) NO COMMITMENT OR OBLIGATION.—This subsection does not

18 commit or obligate the Federal Government to provide amounts for

19 segments of development highways constructed under this subsection.

20 (g) APPLICATION OF TITLE 23.—

21 (1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of title 23

22 apply to the development highway system and the local access roads.

23 (2) CONSTRUCTION AND MAINTENANCE.—States are required to

24 maintain each development highway and local access road as provided

25 for Federal-aid highways in title 23. All other provisions of title 23 that

26 are applicable to the construction and maintenance of Federal-aid pri27 mary and secondary highways and which the Secretary decides are not

28 inconsistent with this subtitle shall apply to the system and roads, re29 spectively.

30 § 14502. Demonstration health projects

31 (a) PURPOSE.—To demonstrate the value of adequate health facilities and

32 services to the economic development of the Appalachian region, the Sec33 retary of Health and Human Services may make grants for the planning,

34 construction, equipment, and operation of multi-county demonstration

35 health, nutrition, and child care projects, including hospitals, regional health

36 diagnostic and treatment centers, and other facilities and services necessary

37 for the purposes of this section.

38 (b) PLANNING GRANTS.—

39 (1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—The

40 Secretary may provide amounts to the Appalachian Regional Commis41 sion for the support of its Health Advisory Committee and may make
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1 grants for expenses of planning necessary for the development and op2 eration of demonstration health projects for the region.

3 (2) LIMITATION ON AVAILABLE AMOUNTS.—The amount of a grant

4 under this section for planning shall not be more than 75 percent of

5 expenses.

6 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro7 vided entirely from amounts authorized under this section or in com8 bination with amounts provided under other federal or federal grant

9 programs.

10 (4) FEDERAL SHARE.—Notwithstanding any provision of law lim11 iting the federal share in those other programs, amounts appropriated

12 to carry out this section may be used to increase the federal share to

13 the maximum percentage cost of a grant authorized by this subsection.

14 (c) CONSTRUCTION AND EQUIPMENT GRANTS.—

15 (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants under

16 this section for construction may also be used for—

17 (A) the acquisition of privately owned facilities—

18 (i) not operated for profit; or

19 (ii) previously operated for profit if the Commission finds

20 that health services would not otherwise be provided in the

21 area served by the facility if the acquisition is not made; and

22 (B) initial equipment.

23 (2) STANDARDS FOR MAKING GRANTS.—Grants under this section

24 for construction shall be made in accordance with section 14523 of this

25 title and shall not be incompatible with the applicable provisions of title

26 VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Devel27 opmental Disabilities Assistance and Bill of Rights Act of 2000 (42

28 U.S.C. 15001 et seq.), and other laws authorizing grants for the con29 struction of health-related facilities, without regard to any provisions

30 in those laws relating to appropriation authorization ceilings or to allot31 ments among the States.

32 (3) LIMITATION ON AVAILABLE AMOUNTS.—A grant for the con33 struction or equipment of any component of a demonstration health

34 project shall not be more than 80 percent of the cost.

35 (4) SOURCES OF ASSISTANCE.—The federal contribution may be pro36 vided entirely from amounts authorized under this section or in com37 bination with amounts provided under other federal grant programs for

38 the construction or equipment of health-related facilities.

39 (5) FEDERAL SHARE.—Notwithstanding any provision of law lim40 iting the federal share in those other programs, amounts authorized

41 under this section may be used to increase federal grants for compo-
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1 nent facilities of a demonstration health project to a maximum of 80

2 percent of the cost of the facilities.

3 (d) OPERATION GRANTS.—

4 (1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of

5 a demonstration health project shall not be made—

6 (A) unless the facility is publicly owned, or owned by a public

7 or private nonprofit organization, and is not operated for profit;

8 (B) after five years following the commencement of the initial

9 grant for operation of the project, except that child development

10 demonstrations assisted under this section during fiscal year 1979

11 may be approved under section 14322 of this title for continued

12 support beyond that period, on request of the State, if the Com13 mission finds that no federal, state, or local amounts are available

14 to continue the project; and

15 (C) unless the Secretary of Health and Human Services is satis16 fied that the operation of the project will be conducted under effi17 cient management practices designed to obviate operating deficits.

18 (2) LIMITATION ON AVAILABLE AMOUNTS.—Grants under this sec19 tion for the operation (including initial operating amounts and oper20 ating deficits, which include the cost of attracting, training, and retain21 ing qualified personnel) of a demonstration health project, whether or

22 not constructed with amounts authorized by this section, may be made

23 for up to 50 percent of the cost of that operation (or 80 percent of

24 the cost of that operation for a project to be carried out in a county

25 for which a distressed county designation is in effect under section

26 14526 of this title).

27 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro28 vided entirely from amounts appropriated to carry out this section or

29 in combination with amounts provided under other federal grant pro30 grams for the operation of health related facilities and the provision of

31 health and child development services, including parts A and B of title

32 IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 620

33 et seq., 1397 et seq.).

34 (4) FEDERAL SHARE.—Notwithstanding any provision of law lim35 iting the federal share in those other programs, amounts appropriated

36 to carry out this section may be used to increase federal grants for op37 erating components of a demonstration health project to the maximum

38 percentage cost of a grant authorized by this subsection.

39 (5) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING ASSIST40 ANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provi41 sion of the Social Security Act (42 U.S.C. 301 et seq.) requiring assist-
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1 ance or services on a statewide basis, a State providing assistance or

2 services under a federal grant program described in paragraph (2) in

3 any area of the region approved by the Commission is deemed to be

4 meeting that requirement.

5 (e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOT6 MENTS.—Grants under this section—

7 (1) shall be made only out of amounts specifically appropriated for

8 the purpose of carrying out this subtitle; and

9 (2) shall not be taken into account in computing allotments among

10 the States under any other law.

11 (f) MAXIMUM COMMISSION CONTRIBUTION.—

12 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

13 contribute not more than 50 percent of any project cost eligible for fi14 nancial assistance under this section from amounts appropriated to

15 carry out this subtitle.

16 (2) DISTRESSED COUNTIES.—The maximum Commission contribu17 tion for a project to be carried out in a county for which a distressed

18 county designation is in effect under section 14526 of this title may

19 be increased to the lesser of—

20 (A) 80 percent; or

21 (B) the maximum federal contribution percentage authorized by

22 this section.

23 (g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—To

24 provide for the further development of the Appalachian region’s human re25 sources, grants under this section shall give special emphasis to programs

26 and research for the early detection, diagnosis, and treatment of occupa27 tional diseases arising from coal mining, such as black lung.

28 § 14503. Assistance for proposed low- and middle-income

29 housing projects

30 (a) APPALACHIAN HOUSING FUND.—

31 (1) ESTABLISHMENT.—There is an Appalachian Housing Fund.

32 (2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to

33 the Secretary of Housing and Urban Development for the purposes of

34 this section shall be deposited in the Fund. The Secretary shall use the

35 Fund as a revolving fund to carry out those purposes. Amounts in the

36 Fund not needed for current operation may be invested in bonds or

37 other obligations the Federal Government guarantees as to principal

38 and interest. General expenses of administration of this section may be

39 charged to the Fund.

40 (b) PURPOSE.—To encourage and facilitate the construction or rehabilita41 tion of housing to meet the needs of low- and moderate-income families and
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1 individuals, the Secretary may make grants and loans from the Fund, under

2 terms and conditions the Secretary may prescribe. The grants and loans

3 may be made to nonprofit, limited dividend, or cooperative organizations

4 and public bodies and are for planning and obtaining federally insured mort5 gage financing or other financial assistance for housing construction or re6 habilitation projects for low- and moderate-income families and individuals,

7 in any area of the Appalachian region the Appalachian Regional Commis8 sion establishes, under—

9 (1) section 221 of the National Housing Act (12 U.S.C. 1715l);

10 (2) section 8 of the United States Housing Act of 1937 (42 U.S.C.

11 1437f);

12 (3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); or

13 (4) any other law of similar purpose administered by the Secretary

14 or any other department, agency, or instrumentality of the Federal

15 Government or a state government.

16 (c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The

17 Secretary or the Commission may provide amounts to the States for making

18 grants and loans to nonprofit, limited dividend, or cooperative organizations

19 and public bodies for the purposes for which the Secretary may provide

20 amounts under this section.

21 (d) LOANS.—

22 (1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection

23 (b) shall not be more than 50 percent (or 80 percent for a project to

24 be carried out in a county for which a distressed county designation

25 is in effect under section 14526 of this title) of the cost of planning

26 and obtaining financing for a project, including preliminary surveys

27 and analyses of market needs, preliminary site engineering and archi28 tectural fees, site options, application and mortgage commitment fees,

29 legal fees, and construction loan fees and discounts.

30 (2) INTEREST.—A loan shall be made without interest, except that

31 a loan made to an organization established for profit shall bear interest

32 at the prevailing market rate authorized for an insured or guaranteed

33 loan for that type of project.

34 (3) PAYMENT.—The Secretary shall require payment of a loan made

35 under this section, under terms and conditions the Secretary may re36 quire, no later than on completion of the project. Except for a loan to

37 an organization established for profit, the Secretary may cancel any

38 part of a loan made under this section on determining that a perma39 nent loan to finance the project cannot be obtained in an amount ade40 quate for repayment of a loan made under this section.

41 (e) GRANTS.—
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1 (1) IN GENERAL.—A grant under this section shall not be made to

2 an organization established for profit and, except as provided in para3 graph (2), shall not exceed 50 percent (or 80 percent for a project to

4 be carried out in a county for which a distressed county designation

5 is in effect under section 14526 of this title) of expenses, incident to

6 planning and obtaining financing for a project, which the Secretary

7 considers not to be recoverable from the proceeds of a permanent loan

8 made to finance the project.

9 (2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—The

10 Secretary may make grants and commitments for grants, and may ad11 vance amounts under terms and conditions the Secretary may require,

12 to nonprofit, limited dividend, or cooperative organizations and public

13 bodies for reasonable site development costs and necessary offsite im14 provements, such as sewer and water line extensions, when the grant,

15 commitment, or advance is essential to the economic feasibility of a

16 housing construction or rehabilitation project for low- and moderate-in17 come families and individuals which otherwise meets the requirements

18 for assistance under this section. A grant under this paragraph for—

19 (A) the construction of housing shall not be more than 10 per20 cent of the cost of the project; and

21 (B) the rehabilitation of housing shall not be more than 10 per22 cent of the reasonable value of the rehabilitation housing, as deter23 mined by the Secretary.

24 (f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Sec25 retary or the Commission may provide, or contract with public or private

26 organizations to provide, information, advice, and technical assistance with

27 respect to the construction, rehabilitation, and operation by nonprofit orga28 nizations of housing for low- or moderate- income families in areas of the

29 region the Commission establishes.

30 (g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects as31 sisted under this section are subject to the provisions cited in section 14701

32 of this title to the extent provided in the laws authorizing assistance for low33 and moderate-income housing.

34 § 14504. Telecommunications and technology initiative

35 (a) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

36 may provide technical assistance, make grants, enter into contracts, or oth37 erwise provide amounts to persons or entities in the region for projects—

38 (1) to increase affordable access to advanced telecommunications, en39 trepreneurship, and management technologies or applications in the re40 gion;
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1 (2) to provide education and training in the use of telecommuni2 cations and technology;

3 (3) to develop programs to increase the readiness of industry groups

4 and businesses in the region to engage in electronic commerce; or

5 (4) to support entrepreneurial opportunities for businesses in the in6 formation technology sector.

7 (b) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

8 (or 80 percent in the case of a project to be carried out in a county for

9 which a distressed county designation is in effect under section 14526 of

10 this title) of the cost of any activity eligible for a grant under this section

11 may be provided from amounts appropriated to carry out this section.

12 (c) SOURCES OF ASSISTANCE.—Assistance under this section may be pro13 vided entirely from amounts made available to carry out this section, in

14 combination with amounts made available under other federal programs, or

15 from any other source.

16 (d) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

17 federal share under any other federal program, amounts made available to

18 carry out this section may be used to increase that federal share, as the

19 Commission decides is appropriate.

20 § 14505. Entrepreneurship initiative

21 (a) BUSINESS INCUBATOR SERVICE.—In this section, the term ‘‘business

22 incubator service’’ means a professional or technical service necessary for

23 the initiation and initial sustainment of the operations of a newly estab24 lished business, including a service such as—

25 (1) a legal service, including aid in preparing a corporate charter,

26 partnership agreement, or basic contract;

27 (2) a service in support of the protection of intellectual property

28 through a patent, a trademark, or any other means;

29 (3) a service in support of the acquisition and use of advanced tech30 nology, including the use of Internet services and Web-based services;

31 and

32 (4) consultation on strategic planning, marketing, or advertising.

33 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

34 may provide technical assistance, make grants, enter into contracts, or oth35 erwise provide amounts to persons or entities in the region for projects—

36 (1) to support the advancement of, and provide, entrepreneurial

37 training and education for youths, students, and businesspersons;

38 (2) to improve access to debt and equity capital by such means as

39 facilitating the establishment of development venture capital funds;

40 (3) to aid communities in identifying, developing, and implementing

41 development strategies for various sectors of the economy;
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1 (4) to develop a working network of business incubators; and

2 (5) to support entities that provide business incubator services.

3 (c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

4 (or 80 percent in the case of a project to be carried out in a county for

5 which a distressed county designation is in effect under section 14526 of

6 this title) of the cost of any activity eligible for a grant under this section

7 may be provided from amounts appropriated to carry out this section.

8 (d) SOURCES OF ASSISTANCE.—Assistance under this section may be pro9 vided entirely from amounts made available to carry out this section, in

10 combination with amounts made available under other federal programs, or

11 from any other source.

12 (e) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

13 federal share under any other federal program, amounts made available to

14 carry out this section may be used to increase that federal share, as the

15 Commission decides is appropriate.

16 § 14506. Regional skills partnerships

17 (a) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means

18 a consortium that—

19 (1) is established to serve one or more industries in a specified geo20 graphic area; and

21 (2) consists of representatives of—

22 (A) businesses (or a nonprofit organization that represents busi23 nesses);

24 (B) labor organizations;

25 (C) State and local governments; or

26 (D) educational institutions.

27 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

28 may provide technical assistance, make grants, enter into contracts, or oth29 erwise provide amounts to eligible entities in the region for projects to im30 prove the job skills of workers for a specified industry, including projects

31 for—

32 (1) the assessment of training and job skill needs for the industry;

33 (2) the development of curricula and training methods, including, in

34 appropriate cases, electronic learning or technology-based training;

35 (3) the identification of training providers;

36 (4) the development of partnerships between the industry and edu37 cational institutions, including community colleges;

38 (5) the development of apprenticeship programs;

39 (6) the development of training programs for workers, including dis40 located workers; and

41 (7) the development of training plans for businesses.
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1 (c) ADMINISTRATIVE COSTS.— An eligible entity may use not more than

2 10 percent of amounts made available to the eligible entity under subsection

3 (b) to pay administrative costs associated with the projects described in sub4 section (b).

5 (d) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent

6 (or 80 percent in the case of a project to be carried out in a county for

7 which a distressed county designation is in effect under section 14526 of

8 this title) of the cost of any activity eligible for a grant under this section

9 may be provided from amounts appropriated to carry out this section.

10 (e) SOURCES OF ASSISTANCE.—Assistance under this section may be pro11 vided entirely from amounts made available to carry out this section, in

12 combination with amounts made available under other federal programs, or

13 from any other source.

14 (f) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

15 federal share under any other federal program, amounts made available to

16 carry out this section may be used to increase that Federal share, as the

17 Commission decides is appropriate.

18 § 14507. Supplements to federal grant programs

19 (a) DEFINITION.—

20 (1) FEDERAL GRANT PROGRAMS.—In this section, the term ‘‘federal

21 grant programs’’—

22 (A) means any federal grant program that provides assistance

23 for the acquisition or development of land, the construction or

24 equipment of facilities, or other community or economic develop25 ment or economic adjustment activities, including a federal grant

26 program authorized by—

27 (i) the Consolidated Farm and Rural Development Act (7

28 U.S.C. 1921 et seq.);

29 (ii) the Land and Water Conservation Fund Act of 1965

30 (16 U.S.C. 460l–4 et seq.);

31 (iii) the Watershed Protection and Flood Prevention Act

32 (16 U.S.C. 1001 et seq.);

33 (iv) the Carl D. Perkins Vocational and Technical Edu34 cation Act of 1998 (20 U.S.C. 2301 et seq.);

35 (v) the Federal Water Pollution Control Act (33 U.S.C.

36 1251 et seq.) (known as the Clean Water Act);

37 (vi) title VI of the Public Health Services Act (42 U.S.C.

38 291 et seq.);

39 (vii) sections 201 and 209 of the Public Works and Eco40 nomic Development Act of 1965 (42 U.S.C. 3141, 3149);
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1 (viii) title I of the Housing and Community Development

2 Act of 1974 (42 U.S.C. 5301 et seq.); and

3 (ix) part IV of title III of the Communications Act of 1934

4 (47 U.S.C. 390 et seq.); but

5 (B) does not include—

6 (i) the program for the construction of the development

7 highway system authorized by section 14501 of this title or

8 any other program relating to highway or road construction

9 authorized by title 23; or

10 (ii) any other program to the extent that financial assist11 ance other than a grant is authorized.

12 (2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED

13 WITH FEDERAL GRANT ASSISTANCE.—For the purpose of this section,

14 any sewage treatment works constructed pursuant to title II of the

15 Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (known

16 as the Clean Water Act) without federal grant assistance under that

17 title is deemed to be constructed with that assistance.

18 (b) PURPOSE.—To enable the people, States, and local communities of

19 the Appalachian region, including local development districts, to take max20 imum advantage of federal grant programs for which they are eligible but

21 for which, because of their economic situation, they cannot supply the re22 quired matching share, or for which there are insufficient amounts available

23 under the federal law authorizing the programs to meet pressing needs of

24 the region, the Federal Cochairman may use amounts made available to

25 carry out this section—

26 (1) for any part of the basic federal contribution to projects or ac27 tivities under the federal grant programs authorized by federal laws;

28 and

29 (2) to increase the federal contribution to projects and activities

30 under the programs above the fixed maximum part of the cost of the

31 projects or activities otherwise authorized by the applicable law.

32 (c) CERTIFICATION REQUIRED.—For a program, project, or activity for

33 which any part of the basic federal contribution to the project or activity

34 under a federal grant program is proposed to be made under subsection (b),

35 the contribution shall not be made until the responsible federal official ad36 ministering the federal law authorizing the contribution certifies that the

37 program, project, or activity meets the applicable requirements of the fed38 eral law and could be approved for federal contribution under that law if

39 amounts were available under the law for the program, project, or activity.

40 (d) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts provided

41 pursuant to this subtitle are available without regard to any limitations on
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1 areas eligible for assistance or authorizations for appropriation in any other

2 law.

3 (e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental grant for

4 a project or activity under a federal grant program, the Federal Cochairman

5 shall accept any finding, report, certification, or documentation required to

6 be submitted to the head of the department, agency, or instrumentality of

7 the Federal Government responsible for the administration of the program.

8 (f) FEDERAL SHARE.—The federal portion of the cost of a project or ac9 tivity shall not—

10 (1) be increased to more than the percentages the Commission estab11 lishes; nor

12 (2) be more than 80 percent of the cost.

13 (g) MAXIMUM COMMISSION CONTRIBUTION.—

14 (1) IN GENERAL.—Subject to paragraph (2), the Commission may

15 contribute not more than 50 percent of a project or activity cost eligible

16 for financial assistance under this section from amounts appropriated

17 to carry out this subtitle.

18 (2) DISTRESSED COUNTIES.— The maximum Commission contribu19 tion for a project or activity to be carried out in a county for which

20 a distressed county designation is in effect under section 14526 of this

21 title may be increased to 80 percent.

22 SUBCHAPTER II—ADMINISTRATIVE

23 § 14521. Required level of expenditure

24 A State or political subdivision of a State is not eligible to receive benefits

25 under this subtitle unless the aggregate expenditure of state amounts, ex26 cept expenditures for participation in the Dwight D. Eisenhower System of

27 Interstate and Defense Highways and local and federal amounts, for the

28 benefit of the area within the State located in the Appalachian region is

29 maintained at a level which does not fall below the average level of those

30 expenditures for the State’s last two full fiscal years prior to March 9,

31 1965. In computing the level, a State’s past expenditure for participation

32 in the Dwight D. Eisenhower System of Interstate and Defense Highways

33 and expenditures of local and federal amounts shall not be included. The

34 Commission shall recommend to the President a lesser requirement when it

35 finds that a substantial population decrease in that part of a State which

36 lies within the region would not justify a state expenditure equal to the av37 erage level of the last two years or when it finds that a State’s average level

38 of expenditure in an individual program has been disproportionate to the

39 present need for that part of the State.
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1 § 14522. Consent of States

2 This subtitle does not require a State to engage in or accept a program

3 under this subtitle without its consent.

4 § 14523. Program implementation

5 (a) REQUIREMENTS.—A program or project authorized under this chapter

6 shall not be implemented until—

7 (1) the responsible federal official has decided that applications and

8 plans relating to the program or project are not incompatible with the

9 provisions and objectives of federal laws that the official administers

10 that are not inconsistent with this subtitle; and

11 (2) the Appalachian Regional Commission has approved the program

12 or project and has determined that it—

13 (A) meets the applicable criteria under section 14524 of this

14 title and the requirements of the development planning process

15 under section 14525 of this title; and

16 (B) will contribute to the development of the Appalachian re17 gion.

18 (b) DECISION IS CONTROLLING.—A decision under subsection (a)(2) is

19 controlling and shall be accepted by the federal agencies.

20 § 14524. Program development criteria

21 (a) FACTORS TO BE CONSIDERED.—In considering programs and

22 projects to be given assistance under this subtitle, and in establishing a pri23 ority ranking of the requests for assistance presented to the Appalachian

24 Regional Commission, the Commission shall follow procedures that will en25 sure consideration of—

26 (1) the relationship of the project or class of projects to overall re27 gional development, including its location in a severely and persistently

28 distressed county or area;

29 (2) the population and area to be served by the project or class of

30 projects, including the per capita market income and the unemploy31 ment rates in the area;

32 (3) the relative financial resources available to the State or political

33 subdivisions or instrumentalities of the State that seek to undertake

34 the project;

35 (4) the importance of the project or class of projects in relation to

36 other projects or classes of projects that may be in competition for the

37 same amounts;

38 (5) the prospects that the project for which assistance is sought will

39 improve, on a continuing rather than a temporary basis, the opportuni40 ties for employment, the average level of income, or the economic and

41 social development of the area served by the project; and
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1 (6) the extent to which the project design provides for detailed out2 come measurements by which grant expenditures may be evaluated.

3 (b) LIMITATION ON USE.—Financial assistance made available under this

4 subtitle shall not be used to assist establishments relocating from one area

5 to another.

6 (c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO7 VIDED.—Amounts may be provided for programs and projects in a State

8 under this subtitle only if the Commission determines that the level of fed9 eral and state financial assistance under other laws for the same type of

10 programs or projects in that part of the State within the Appalachian region

11 will not be diminished in order to substitute amounts authorized by this

12 subtitle.

13 (d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES AND

14 AREAS.—For each fiscal year, not less than 50 percent of the amount of

15 grant expenditures the Commission approves shall support activities or

16 projects that benefit severely and persistently distressed counties and areas.

17 § 14525. State development planning process

18 (a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian

19 Regional Commission establishes, each state member shall submit a develop20 ment plan for the area of the State within the Appalachian region. The plan

21 shall—

22 (1) be submitted according to a schedule the Commission prescribes;

23 (2) reflect the goals, objectives, and priorities identified in the re24 gional development plan and in any subregional development plan that

25 may be approved for the subregion of which the State is a part;

26 (3) describe the state organization and continuous process for Appa27 lachian development planning, including—

28 (A) the procedures established by the State for the participation

29 of local development districts in the process;

30 (B) how the process is related to overall statewide planning and

31 budgeting processes; and

32 (C) the method of coordinating planning and projects in the re33 gion under this subtitle, the Public Works and Economic Develop34 ment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal,

35 state, and local programs;

36 (4) set forth the goals, objectives, and priorities of the State for the

37 region, as established by the Governor, and identify the needs on which

38 the goals, objectives, and priorities are based; and

39 (5) describe the development strategies for achieving the goals, objec40 tives, and priorities, including funding sources, and recommendations

41 for specific projects to receive assistance under this subtitle.
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1 (b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the

2 preparation and execution of areawide action programs that specify inter3 related projects and schedules of actions, the necessary agency funding, and

4 other commitments to implement the programs. The programs shall make

5 appropriate use of existing plans affecting the area.

6 (c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts cer7 tified by the State as described in section 14102(a)(2) of this title provide

8 the linkage between state and substate planning and development. The dis9 tricts shall assist the States in the coordination of areawide programs and

10 projects and may prepare and adopt areawide plans or action programs. In

11 carrying out the development planning process, including the selection of

12 programs and projects for assistance, States shall consult with local develop13 ment districts, local units of government, and citizen groups and shall con14 sider the goals, objectives, priorities, and recommendations of those bodies.

15 (d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable,

16 federal departments, agencies, and instrumentalities undertaking or pro17 viding financial assistance for programs or projects in the region shall—

18 (1) take into account the policies, goals, and objectives the Commis19 sion and its member States establish pursuant to this subtitle;

20 (2) recognize Appalachian state development strategies approved by

21 the Commission as satisfying requirements for overall economic devel22 opment planning under the programs or projects; and

23 (3) accept the boundaries and organization of any local development

24 district certified under this subtitle that the Governor may designate

25 as the areawide agency required under any of those programs under26 taken or assisted by those federal departments, agencies, and instru27 mentalities.

28 § 14526. Distressed and economically strong counties

29 (a) DESIGNATIONS.—

30 (1) IN GENERAL.—The Appalachian Regional Commission, in ac31 cordance with criteria the Commission may establish, each year shall—

32 (A) designate as ‘‘distressed counties’’ those counties in the Ap33 palachian region that are the most severely and persistently dis34 tressed; and

35 (B) designate two categories of economically strong counties,

36 consisting of—

37 (i) ‘‘competitive counties’’, which shall be those counties in

38 the region that are approaching economic parity with the rest

39 of the United States; and
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1 (ii) ‘‘attainment counties’’, which shall be those counties in

2 the region that have attained or exceeded economic parity

3 with the rest of the United States.

4 (2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall—

5 (A) conduct an annual review of each designation of a county

6 under paragraph (1) to determine if the county still meets the cri7 teria for the designation; and

8 (B) renew the designation for another one-year period only if

9 the county still meets the criteria.

10 (b) DISTRESSED COUNTIES.—In program and project development and

11 implementation and in the allocation of appropriations made available to

12 carry out this subtitle, the Commission shall give special consideration to

13 the needs of counties for which a distressed county designation is in effect

14 under this section.

15 (c) ECONOMICALLY STRONG COUNTIES.—

16 (1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3)

17 and (4), assistance under this subtitle for a project that is carried out

18 in a county for which a competitive county designation is in effect

19 under this section shall not be more than 30 percent of the project

20 cost.

21 (2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3)

22 and (4), amounts may not be provided under this subtitle for a project

23 that is carried out in a county for which an attainment county designa24 tion is in effect under this section.

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

26 (A) a project on the Appalachian development highway system

27 authorized by section 14501 of this title;

28 (B) a local development district administrative project assisted

29 under section 14321(a)(1)(A) of this title; or

30 (C) a multicounty project that is carried out in at least two

31 counties designated under this section if—

32 (i) at least one of the participating counties is designated

33 as a distressed county under this section; and

34 (ii) the project will be of substantial direct benefit to at

35 least one distressed county.

36 (4) WAIVER.—

37 (A) IN GENERAL.—The Commission may waive the require38 ments of paragraphs (1) and (2) for a project when the recipient

39 of assistance for the project shows the existence of any of the fol40 lowing:
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1 (i) a significant pocket of distress in the part of the county

2 in which the project is carried out.

3 (ii) a significant potential benefit from the project in at

4 least one area of the region outside the designated county.

5 (B) REPORTS TO CONGRESS.—The Commission shall submit to

6 the Committee on Environment and Public Works of the Senate

7 and the Committee on Transportation and Infrastructure of the

8 House of Representatives an annual report describing each waiver

9 granted under subparagraph (A) during the period covered by the

10 report.

11 CHAPTER 147—MISCELLANEOUS

Sec.

14701. Applicable labor standards.

14702. Nondiscrimination.

14703. Authorization of appropriations.

14704. Termination.

12 § 14701. Applicable labor standards

13 All laborers and mechanics employed by contractors or subcontractors in

14 the construction, alteration, or repair, including painting and decorating, of

15 projects, buildings, and works which are financially assisted through federal

16 amounts authorized under this subtitle shall be paid wages at rates not less

17 than those prevailing on similar construction in the locality as the Secretary

18 of Labor determines in accordance with sections 3141–3144, 3146, and

19 3147 of this title. With respect to those labor standards, the Secretary has

20 the authority and functions set forth in Reorganization Plan Numbered 14

21 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.

22 § 14702. Nondiscrimination

23 An individual in the United States shall not, because of sex, be excluded

24 from participation in, be denied the benefits of, or be subjected to discrimi25 nation under, a program or activity receiving federal financial assistance

26 under this subtitle.

27 § 14703. Authorization of appropriations

28 (a) IN GENERAL.—In addition to amounts authorized by section 14501

29 of this title and other amounts made available for the Appalachian develop30 ment highway system program, the following amounts may be appropriated

31 to the Appalachian Regional Commission to carry out this subtitle:

32 (1) $88,000,000 for each of the fiscal years 2002–2004.

33 (2) $90,000,000 for fiscal year 2005.

34 (3) $92,000,000 for fiscal year 2006.

35 (b) TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.—Of the

36 amounts made available under subsection (a), the following amounts are

37 available to carry out section 14504 of this title:

38 (1) $10,000,000 for fiscal year 2002.
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1 (2) $8,000,000 for fiscal year 2003.

2 (3) $5,000,000 for each of the fiscal years 2004–2006.

3 (c) AVAILABILITY.—Amounts made available under subsection (a) remain

4 available until expended.

5 § 14704. Termination

6 This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to

7 be in effect on October 1, 2006.

8 SUBTITLE V—MISCELLANEOUS

CHAPTER Sec.

171. SAFETY STANDARDS FOR MOTOR VEHICLES ..................................... 17101

173. GOVERNMENT LOSSES IN SHIPMENT ................................................... 17301

175. FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL .................... 17501

177. ALASKA COMMUNICATIONS DISPOSAL ................................................. 17701

179. ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP .............. 17901

181. TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.18101

183. NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS 18301

9 CHAPTER 171—SAFETY STANDARDS FOR MOTOR

10 VEHICLES

Sec.

17101. Definitions.

17102. Prohibition on acquisition or purchase of motor vehicles by Federal Government.

17103. Commercial standards for passenger safety devices.

11 § 17101. Definitions

12 In this chapter, the following definitions apply:

13 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ in14 cludes the government of the District of Columbia.

15 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle,

16 self-propelled or drawn by mechanical power, designed for use on the

17 highways principally for the transportation of passengers, except a ve18 hicle designed or used for military field training, combat, or tactical

19 purposes.

20 § 17102. Prohibition on acquisition or purchase of motor ve21 hicles by Federal Government

22 The Federal Government shall not purchase a motor vehicle for use by

23 the Government unless that motor vehicle is equipped with reasonable pas24 senger safety devices that the Administrator of General Services requires.

25 Those devices shall conform with standards the Administrator prescribes

26 under section 17103 of this title.

27 § 17103. Commercial standards for passenger safety devices

28 The Administrator of General Services shall prescribe and publish in the

29 Federal Register commercial standards for passenger safety devices the Ad30 ministrator requires under section 17102 of this title. Changes in the stand31 ards take effect one year and 90 days after the publication of the standards

32 in the Federal Register.
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1 CHAPTER 173—GOVERNMENT LOSSES IN SHIPMENT

Sec.

17301. Definitions.

17302. Compliance.

17303. Fund for the payment of Government losses in shipment.

17304. Claim for replacement.

17305. Replacing lost, destroyed, or damaged stamps, securities, obligations, or money.

17306. Agreements of indemnity.

17307. Purchase of insurance.

17308. Presumption of lawful conduct.

17309. Rules and regulations.

2 § 17301. Definitions

3 In this chapter, the following definitions apply:

4 (1) REPLACEMENT.—The term ‘‘replacement’’ means payment, reim5 bursement, replacement, or duplication or the expenses incident to pay6 ment, reimbursement, replacement, or duplication.

7 (2) SHIPMENT.—The term ‘‘shipment’’—

8 (A) means the transportation, or the effecting of transportation,

9 of valuables, without limitation as to the means or facilities used

10 or by which the transportation is effected or the person to whom

11 it is made; and

12 (B) includes shipments made to any executive department, inde13 pendent establishment, agency, wholly owned or mixed-ownership

14 Government corporation, officer, or employee of the Federal Gov15 ernment, or any person acting on behalf of, or at the direction of,

16 the executive department, independent establishment, agency,

17 wholly or partly owned Government corporation, officer, or em18 ployee.

19 (3) VALUABLES.—

20 (A) DEFINITION.—The term ‘‘valuables’’ means any articles or

21 things or representatives of value—

22 (i) in which the Government, its executive departments,

23 independent establishments, and agencies, including wholly

24 owned Government corporations, and officers and employees

25 of the Government or its executive departments, independent

26 establishments, and agencies while acting in their official ca27 pacity, have any interest, or in connection with which they

28 have any obligation or responsibility; and

29 (ii) which the Secretary of the Treasury declares to be

30 valuables within the meaning of this chapter.

31 (B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS VAL32 UABLE.—The Secretary shall not declare articles or things that

33 are lost, destroyed, or damaged in the course of shipment to be

34 valuables unless the Secretary determines that replacement of the
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1 articles or things in accordance with the procedure established in

2 this chapter would be in the public interest.

3 (4) WHOLLY OWNED GOVERNMENT CORPORATION.—The term

4 ‘‘wholly owned Government corporation’’—

5 (A) means any corporation, regardless of the law under which

6 it is incorporated, the capital of which is entirely owned by the

7 Government; and

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

9 the corporation.

10 § 17302. Compliance

11 (a) PRESCRIBING REGULATIONS.—With the approval of the President,

12 the Secretary of the Treasury and the United States Postal Service jointly

13 shall prescribe regulations governing the shipment of valuables by an execu14 tive department, independent establishment, agency, wholly owned Govern15 ment corporation, officer, or employee of the Federal Government, with a

16 view to minimizing the risk of loss and destruction of, and damage to,

17 valuables in shipment.

18 (b) COMPLIANCE.—Each executive department, independent establish19 ment, agency, wholly owned Government corporation, officer, and employee

20 of the Government, and each person acting for, or at the direction of, the

21 executive department, independent establishment, agency, wholly owned

22 Government corporation, officer, or employee, must comply with the regula23 tions when making any shipment of valuables.

24 § 17303. Fund for the payment of Government losses in ship25 ment

26 (a) ESTABLISHMENT.—There is a revolving fund in the Treasury known

27 as ‘‘the fund for the payment of Government losses in shipment’’.

28 (b) USE.—The fund shall be used for the replacement of valuables, or

29 the value of valuables, lost, destroyed, or damaged while being shipped in

30 accordance with regulations prescribed under section 17302 of this title.

31 (c) UNAVAILABILITY.—The fund is not available with respect to any loss,

32 destruction, or damage affecting valuables—

33 (1) that relates to property of the United States Postal Service that

34 is chargeable to its officers or employees; or

35 (2) of which shipment shall have been made at the risk of persons

36 other than the Federal Government and the executive departments,

37 independent establishments, agencies, wholly owned Government cor38 porations, officers and employees of the Government.

39 (d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and

40 repayments on account of loss, destruction, or damage to valuables for
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1 which replacement is made out of the fund shall be credited to it and are

2 available for the purposes of the fund.

3 (e) APPROPRIATIONS.—Necessary amounts are appropriated for the fund.

4 § 17304. Claim for replacement

5 (a) PRESENTATION OF CLAIM.—When valuables that have been shipped

6 in accordance with regulations prescribed under section 17302 of this title

7 are lost, destroyed, or damaged, a claim in writing for replacement shall be

8 made on the Secretary of the Treasury.

9 (b) DECISION OF THE SECRETARY OF THE TREASURY.—

10 (1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied

11 that the loss, destruction, or damage has occurred and that shipment

12 was made substantially in accordance with the regulations, the Sec13 retary shall have replacement be made out of the fund described in sec14 tion 17303 of this title through an officer the Secretary designates.

15 (2) REPLACEMENT MADE BY CREDIT.—When the Secretary decides

16 that any part of the replacement can be made, without actual or ulti17 mate injury to the Federal Government, by a credit in the accounts of

18 the executive department, independent establishment, agency, officer,

19 employee, or other accountable person making the claim, the Secretary

20 shall—

21 (A) certify the decision to the Comptroller General who, on re22 ceiving the certification, shall make the credit in the settlement of

23 accounts in the General Accounting Office; and

24 (B) use the fund only to the extent that the replacement cannot

25 be made by the credit.

26 (c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of the

27 Secretary that a loss, destruction, or damage has occurred or that a ship28 ment was made substantially in accordance with regulations is final and

29 conclusive and is not subject to review by any other officer of the Govern30 ment.

31 § 17305. Replacing lost, destroyed, or damaged stamps, secu32 rities, obligations, or money

33 Stamps, securities, or other obligations of the Federal Government, or

34 money lost, destroyed, or damaged while in the custody or possession of, or

35 charged to, the United States Postal Service while it is acting as agent for,

36 or on behalf of, the Secretary of the Treasury for the sale of the stamps,

37 securities, or obligations and for the collection of the money, shall be re38 placed out of the fund described in section 17303 of this title under regula39 tions the Secretary may prescribe, regardless of how the loss, destruction,

40 or damage occurs.
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1 § 17306. Agreements of indemnity

2 (a) DEFINITION.—In this section, the term ‘‘Federal Government’’ in3 cludes wholly owned Government corporations, and officers and employees

4 of the Government or its executive departments, independent establish5 ments, and agencies while acting in their official capacity.

6 (b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the Treasury

7 may make and deliver, on behalf of the Federal Government, a binding

8 agreement of indemnity the Secretary considers necessary and proper to en9 able the Government to obtain the replacement of any instrument or

10 document—

11 (1) received by the Government or an agent of the Government in

12 the agent’s official capacity; and

13 (2) which, after having been received, is lost, destroyed, or so muti14 lated as to impair its value.

15 (c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government

16 is not obligated under an agreement of indemnity if the obligee named in

17 the agreement makes a payment or delivery not required by law on the

18 original of the instrument or document covered by the agreement.

19 (d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES IN

20 SHIPMENT.—The fund described in section 17303 of this title is available

21 to pay any obligation arising out of an agreement the Secretary makes

22 under this section.

23 § 17307. Purchase of insurance

24 An executive department, independent establishment, agency, wholly

25 owned Government corporation, officer, or employee may expend money, or

26 incur an obligation, for insurance, or for the payment of premiums on insur27 ance, against loss, destruction, or damage in the shipment of valuables only

28 as specifically authorized by the Secretary of the Treasury. The Secretary

29 may give the authorization if the Secretary finds that the risk of loss, de30 struction, or damage in the shipment cannot be guarded against adequately

31 by the facilities of the Federal Government or that adequate replacement

32 cannot be provided under this chapter.

33 § 17308. Presumption of lawful conduct

34 For purposes of the propriety of an act or omission related to a shipment

35 to which the regulations prescribed under section 17302 of this title apply,

36 every officer and employee of the Federal Government and every individual

37 acting on behalf of a wholly owned Government corporation who makes a

38 shipment of valuables in good faith under, and substantially in accordance

39 with, the regulations is deemed to be acting in the faithful execution of the

40 officer’s, employee’s, or individual’s duties of office and in full performance
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1 of any conditions of the officer’s, employee’s, or individual’s bond and oath

2 of office.

3 § 17309. Rules and regulations

4 (a) GENERAL AUTHORITY.—With the approval of the President, the Sec5 retary of the Treasury may prescribe regulations necessary to carry out the

6 duties and powers vested in the Secretary under this chapter.

7 (b) PROVIDING INFORMATION.—To carry out subsection (a), the Sec8 retary may require a person making a shipment of valuables or a claim for

9 replacement to make a declaration or to provide other information the Sec10 retary considers necessary.

11 CHAPTER 175—FEDERAL MOTOR VEHICLE

12 EXPENDITURE CONTROL

Sec.

17501. Definitions.

17502. Monitoring system.

17503. Data collection.

17504. Agency statements with respect to motor vehicle use.

17505. Presidential report.

17506. Reduction of storage and disposal costs.

17507. Savings.

17508. Compliance.

17509. Applicability.

17510. Cooperation.

13 § 17501. Definitions

14 In this chapter, the following definitions apply:

15 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—

16 (A) means an executive agency (as that term is defined in sec17 tion 105 of title 5) that operates at least 300 motor vehicles; but

18 (B) does not include the Tennessee Valley Authority.

19 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—

20 (A) a vehicle self-propelled or drawn by mechanical power; but

21 not

22 (B) a vehicle designed or used for military field training, com23 bat, or tactical purposes, or any other special purpose vehicle ex24 empted from the requirements of this chapter by the Adminis25 trator of General Services.

26 § 17502. Monitoring system

27 The head of each executive agency shall designate one office, officer, or

28 employee of the agency—

29 (1) to establish and operate a central monitoring system for the

30 motor vehicle operations of the agency, related activities, and related

31 reporting requirements; and

32 (2) provide oversight of those operations, activities, and require33 ments.
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1 § 17503. Data collection

2 (a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive

3 agency shall develop a system to identify, collect, and analyze data with re4 spect to all costs (including obligations and outlays) the agency incurs in

5 the operation, maintenance, acquisition, and disposition of motor vehicles,

6 including vehicles owned or leased by the Federal Government and privately

7 owned vehicles used for official purposes.

8 (b) REQUIREMENTS FOR DATA SYSTEMS.—

9 (1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller

10 General of the United States and the Director of the Office of Manage11 ment and Budget, the Administrator of General Services shall prescribe

12 requirements governing the establishment and operation by executive

13 agencies of the systems required by subsection (a), including require14 ments with respect to data on the costs and uses of motor vehicles and

15 with respect to the uniform collection and submission of the data.

16 (2) CONFORMITY WITH PRINCIPLES AND STANDARDS.—Require17 ments prescribed under this section shall conform to accounting prin18 ciples and standards issued by the Comptroller General. Each executive

19 agency shall comply with those requirements.

20 § 17504. Agency statements with respect to motor vehicle

21 use

22 (a) CONTENTS OF STATEMENT.—The head of each executive agency shall

23 include with the appropriation request the agency submits under section

24 1108 of title 31 for each fiscal year, a statement—

25 (1) specifying—

26 (A) the total motor vehicle acquisition, maintenance, leasing, op27 eration, and disposal costs (including obligations and outlays) the

28 agency incurred in the most recently completed fiscal year; and

29 (B) an estimate of those costs for the fiscal year in which the

30 request is submitted and for the succeeding fiscal year; and

31 (2) justifying why the existing and any new motor vehicle acquisi32 tion, maintenance, leasing, operation, and disposal requirements of the

33 agency cannot be met through the Interagency Fleet Management Sys34 tem the Administrator of General Services operates, a qualified private

35 fleet management firm, or any other method which is less costly to the

36 Federal Government.

37 (b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive

38 agency shall comply with the requirements prescribed under section

39 17503(b) of this title in preparing each statement required under subsection

40 (a).
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1 § 17505. Presidential report

2 (a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President

3 shall include with the budget transmitted under section 1105 of title 31 for

4 each fiscal year, or in a separate written report to Congress for that fiscal

5 year, a summary and analysis of the statements most recently submitted by

6 the heads of executive agencies pursuant to section 17504(a) of this title.

7 (b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and anal8 ysis shall include a review, for the fiscal year preceding the fiscal year in

9 which the budget is submitted, the current fiscal year, and the fiscal year

10 for which the budget is submitted, of the cost savings that have been

11 achieved, that are estimated will be achieved, and that could be achieved,

12 in the acquisition, maintenance, leasing, operation, and disposal of motor ve13 hicles by executive agencies through—

14 (1) the use of a qualified private fleet management firm or another

15 private contractor;

16 (2) increased reliance by executive agencies on the Interagency Fleet

17 Management System the Administrator of General Services operates; or

18 (3) other existing motor vehicle management systems.

19 § 17506. Reduction of storage and disposal costs

20 The Administrator of General Services shall take such actions as may be

21 necessary to reduce motor vehicle storage and disposal costs and to improve

22 the rate of return on motor vehicle sales through a program of vehicle re23 conditioning prior to sale.

24 § 17507. Savings

25 (a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish,

26 for each executive agency, goals to reduce outlays for the operation, mainte27 nance, leasing, acquisition, and disposal of motor vehicles in order to reduce,

28 by fiscal year 1988, the total amount of outlays by all executive agencies

29 for the operation, maintenance, leasing, acquisition, and disposal of motor

30 vehicles to an amount which is $150,000,000 less than the amount for the

31 operation, maintenance, leasing, acquisition, and disposal of motor vehicles

32 requested by the President in the budget submitted under section 1105 of

33 title 31 for fiscal year 1986.

34 (b) MONITORING OF COMPLIANCE.—The Director of the Office of Man35 agement and Budget shall monitor compliance by executive agencies with

36 the goals established by the President under subsection (a) and shall in37 clude, in each summary and analysis required under section 17505 of this

38 title, a statement specifying the reductions in expenditures by executive

39 agencies, including the Department of Defense, achieved under those goals.
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1 § 17508. Compliance

2 (a) ADMINISTRATOR OF GENERAL SERVICES.—The Administrator of

3 General Services shall comply with and be subject to this chapter with re4 gard to all motor vehicles that are used within the General Services Admin5 istration for official purposes.

6 (b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with respect to

7 motor vehicles from the Interagency Fleet Management System shall be

8 complied with by the executive agencies to which such motor vehicles are

9 assigned.

10 § 17509. Applicability

11 (a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of execu12 tive agencies shall give first priority to meeting the goals established by the

13 President under section 17507(a) of this title by reducing the costs of ad14 ministrative motor vehicles used at the headquarters and regional head15 quarters of executive agencies, rather than by reducing the costs of motor

16 vehicles used by line agency personnel working in agency field operations

17 or activities.

18 (b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President shall

19 require the Administrator of General Services, in cooperation with the Di20 rector of the Office of Management and Budget, to prescribe appropriate

21 regulations, standards, and definitions to ensure that executive agencies

22 meet the goals established under section 17507(a) of this title in the man23 ner prescribed by subsection (a).

24 § 17510. Cooperation

25 The Director of the Office of Management and Budget and the Adminis26 trator of General Services shall cooperate closely in the implementation of

27 this chapter.

28 CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL

Sec.

17701. Definitions.

17702. Transfer of Government-owned long-lines communication facilities in and to Alaska.

17703. National defense considerations and qualification of transferee.

17704. Contents of agreements for transfer.

17705. Approval of Federal Communications Commission.

17706. Gross proceeds as miscellaneous receipts in the Treasury.

17707. Reports.

17708. Nonapplication.

29 § 17701. Definitions

30 In this chapter, the following definitions apply:

31 (1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a

32 department, agency, wholly owned corporation, or instrumentality of

33 the Federal Government.

34 (2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘long-lines

35 communication facilities’’ means the transmission systems connecting
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1 points inside the State with each other and with points outside the

2 State by radio or wire, and includes all kinds of property and rights

3 of way necessary to accomplish this interconnection.

4 (3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the

5 Government of any element of ownership, including any estate or inter6 est in property, and franchise rights, by sale, exchange, lease, ease7 ment, or permit, for cash, credit, or other property with or without

8 warranty.

9 § 17702. Transfer of Government-owned long-lines commu10 nication facilities in and to Alaska

11 (a) IN GENERAL.—

12 (1) AUTHORITY OF THE SECRETARY OF DEFENSE.—

13 (A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to section

14 17703 of this title and with the advice, assistance, and, in the case

15 of an agency not under the jurisdiction of the Secretary of De16 fense, the consent of the agency concerned, and after approval of

17 the President, the Secretary of Defense shall transfer for adequate

18 consideration any or all long-lines communication facilities in or

19 to Alaska under the jurisdiction of the Federal Government to any

20 person qualifying under section 17703.

21 (B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary of

22 Defense may take action and exercise powers as may be necessary

23 or appropriate to carry out the purposes of this chapter.

24 (2) CONSENT OF SECRETARY CONCERNED.—An interest in public

25 lands, withdrawn or otherwise appropriated, shall not be transferred

26 under this chapter without the prior consent of the Secretary of the

27 Interior, or, with respect to lands in a national forest, of the Secretary

28 of Agriculture.

29 (3) PROCEDURES AND METHODS.—The Secretary of Defense shall

30 carry out a transfer under this chapter in accordance with the proce31 dures and methods required of the Administrator of General Services

32 by section 545(a) and (b) of this title.

33 (b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The head

34 of the agency concerned (or a designee of the head) shall execute documents

35 for the transfer of title or other interest in property, except any mineral

36 rights in the property, and take other action that the Secretary of Defense

37 decides is necessary or proper to transfer the property under this chapter.

38 A copy of a deed, lease, or other instrument executed by or on behalf of

39 the head of the agency concerned purporting to transfer title or another in40 terest in public land shall be provided to the Secretary of the Interior.
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1 (c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In

2 connection with soliciting offers to purchase long-lines facilities of the Alas3 ka Communication System, the Secretary of Defense shall—

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

5 (A) the facilities available for purchase;

6 (B) the amounts considered to be the current fair and reason7 able value of those facilities; and

8 (C) the initial rates that will be charged to the purchaser for

9 capacity in facilities retained by the Government and available for

10 commercial use;

11 (2) provide in the request for offers to purchase that offerors must

12 specify the rates the offerors propose to charge for service and the im13 provements in service the offerors propose to initiate;

14 (3) provide an opportunity for prospective purchasers to meet as a

15 group with Department of Defense representatives to ensure that the

16 data and public interest requirements described in clauses (1) and (2)

17 are fully understood; and

18 (4) seek the advice and assistance of the Federal Communications

19 Commission and the Governor of Alaska (or a designee of the Gov20 ernor) to ensure consideration of all public interest factors associated

21 with the transfer.

22 (d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of

23 section 559 of this title apply to transfers under this chapter.

24 § 17703. National defense considerations and qualification

25 of transferee

26 A transfer under this chapter shall not be made unless the Secretary of

27 Defense determines that—

28 (1) the Federal Government does not need to retain the property in29 volved in the transfer for national defense purposes;

30 (2) the transfer is in the public interest;

31 (3) the person to whom the transfer is made is prepared and quali32 fied to provide the communication service involved in the transfer with33 out interruption; and

34 (4) the long-lines communication facilities will not directly or indi35 rectly be owned, operated, or controlled by a person that would legally

36 be disqualified from holding a radio station license by section 310(a)

37 of the Communications Act of 1934 (47 U.S.C. 310(a)).

38 § 17704. Contents of agreements for transfer

39 An agreement by which a transfer is made under this chapter shall pro40 vide that—
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1 (1) subject to regulations of the Federal Communications Commis2 sion and of any body or commission established by Alaska to govern

3 and regulate communications services to the public and all applicable

4 statutes, treaties, and conventions, the person to whom the transfer is

5 made shall provide the communication services involved in the transfer

6 without interruption, except those services reserved by the Federal Gov7 ernment in the transfer;

8 (2) the rates and charges for those services applicable at the time

9 of transfer shall not be changed for a period of one year from the date

10 of the transfer unless approved by a governmental body or commission

11 having jurisdiction; and

12 (3) the transfer will not be final until the transferee receives the req13 uisite license and certificate of convenience and necessity to operate

14 interstate and intrastate commercial communications in Alaska from

15 the appropriate governmental regulatory bodies.

16 § 17705. Approval of Federal Communications Commission

17 A transfer under this chapter does not require the approval of the Fed18 eral Communications Commission except to the extent that the approval of

19 the Commission is necessary under section 17704(3) of this title.

20 § 17706. Gross proceeds as miscellaneous receipts in the

21 Treasury

22 The gross proceeds of each transfer shall be deposited in the Treasury

23 as miscellaneous receipts.

24 § 17707. Reports

25 The Secretary of Defense shall report to the Congress and the

26 President—

27 (1) in January of each year, the actions taken under this chapter

28 during the preceding 12 months; and

29 (2) not later than 90 days after completion of each transfer under

30 this chapter, a full account of that transfer.

31 § 17708. Nonapplication

32 This chapter does not modify in any manner the Communications Act of

33 1934 (47 U.S.C. 151 et seq.).

34 CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY

35 EFFICIENCY SWAP

Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

36 § 17901. Definitions

37 In this chapter, the following definitions apply:
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1 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a depart2 ment, agency, or instrumentality of the Federal Government.

3 (2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘feder4 ally generated electric energy’’ means any electric power generated by

5 an electric generating facility owned and operated by a federal agency.

6 (3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’ means

7 a corporation, cooperative, municipality, or other non-federal entity

8 that generates electric energy through a facility other than a federally

9 owned electric generating facility.

10 § 17902. Sale of electric energy

11 (a) IN GENERAL.—To conserve oil and natural gas and better utilize coal,

12 the head of a federal agency may sell, or enter into a contract to sell, to

13 any non-federal person electric energy generated by coal-fired electric gener14 ating facilities of that agency in Alaska without regard to any provision of

15 law that precludes the sale when the electric energy to be sold is available

16 from other local sources, if the head of the federal agency determines that—

17 (1) the electric energy to be sold is generated by an existing coal18 fired generating facility;

19 (2) the electric energy to be sold is surplus to the federal agency’s

20 needs and is in excess of the electric energy specifically generated for

21 consumption by, or necessary to serve the requirements of, another fed22 eral agency;

23 (3) the cost to the ultimate consumers of the electric energy to be

24 sold is less than the cost that, in the absence of the sale, would be in25 curred by those consumers for the purchase of an equivalent amount

26 of energy; and

27 (4) the sale will reduce the total consumption of oil or natural gas

28 by the non-federal person purchasing the electric energy below the level

29 of consumption that would occur in the absence of the sale.

30 (b) PRICING POLICIES.—Federally generated electric energy sold by the

31 head of a federal agency under subsection (a) shall be priced to recover the

32 fuel and variable operation and maintenance costs of the facility generating

33 the energy that are attributable to that sale, plus an amount equal to one34 half the difference between—

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

36 (2) the costs of producing electric energy by the oil or gas generation

37 being displaced.

38 § 17903. Purchase of electric power

39 For purposes of economy, efficiency, and conserving oil and natural gas,

40 the head of a federal agency, when practicable and consistent with other

41 laws and requirements applicable to that agency, shall endeavor to purchase
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1 electric energy from a non-federal person for consumption in Alaska by a

2 facility of that agency when (taking into account the remaining useful life

3 of any facility available to that agency to generate electric energy for that

4 agency and the cost of maintaining the facility on a standby basis) the pur5 chase will result in—

6 (1) a savings to other consumers of electric energy sold by that non7 federal person without increasing the cost incurred by any federal agen8 cy for electric energy; or

9 (2) a cost savings to the federal agency purchasing the electric en10 ergy without increasing costs to other consumers of electric energy.

11 § 17904. Implementation powers and limitations

12 (a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This chapter

13 does not require or authorize a federal agency to construct a new electric

14 generating facility or related facility, to modify an existing facility, or to em15 ploy reserve or standby equipment to accommodate the needs of a non-fed16 eral person for electric energy.

17 (b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a

18 federal agency pursuant to section 17902 of this title from the sale of elec19 tric energy generated from a facility of that agency is available to the agen20 cy without fiscal year limitation to purchase fuel and for operation, mainte21 nance, and other costs associated with that facility.

22 (c) EXERCISE OF AUTHORITIES.—The authority under this chapter shall

23 be exercised for those periods and pursuant to terms and conditions that

24 the head of the federal agency concerned decides are necessary consistent

25 with—

26 (1) this chapter; and

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

28 (d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER AGREE29 MENTS.—A contract or other agreement executed under this chapter shall

30 be negotiated and executed by the head of the federal agency selling or pur31 chasing electric energy under this chapter.

32 CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY

33 FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN34 DIVIDUALS

Sec.

18101. Definitions.

18102. Federal telecommunications system.

18103. Research and development.

18104. TTY installation by Congress.

35 § 18101. Definitions

36 In this chapter—

37 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the same

38 meaning given that term in section 102 of this title.
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1 (2) TTY.—The term ‘‘TTY’’ means a text-telephone used in the

2 transmission of coded signals through the nationwide telecommuni3 cations system.

4 § 18102. Federal telecommunications system

5 (a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator of

6 General Services, after consultation with the Architectural and Transpor7 tation Barriers Compliance Board, the Interagency Committee on Computer

8 Support of Handicapped Employees, the Federal Communications Commis9 sion, and affected federal agencies, shall prescribe regulations to ensure that

10 the federal telecommunications system is fully accessible to hearing-impaired

11 and speech-impaired individuals, including federal employees, for commu12 nications with and within federal agencies.

13 (b) FEDERAL RELAY SYSTEM.—The Administrator shall provide for the

14 continuation of the existing federal relay system for users of TTY’s.

15 (c) DIRECTORY.—The Administrator shall assemble, publish, and main16 tain a directory of TTY’s and other devices used by federal agencies to com17 ply with regulations prescribed under subsection (a).

18 (d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall pub19 lish access numbers of TTY’s and such other devices in federal agency di20 rectories.

21 (e) LOGO.—After consultation with the Board, the Administrator shall

22 adopt the design of a standard logo to signify the presence of a TTY or

23 other device used by a federal agency to comply with regulations prescribed

24 under subsection (a).

25 § 18103. Research and development

26 (a) SUPPORT FOR RESEARCH.—The Administrator of General Services,

27 in consultation with the Federal Communications Commission, shall seek to

28 promote research by federal agencies, state agencies, and private entities to

29 reduce the cost and improve the capabilities of telecommunications devices

30 and systems that provide accessibility to hearing-impaired and speech-im31 paired individuals.

32 (b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In

33 planning future alterations to and modifications of the federal telecommuni34 cations system, the Administrator shall take into account—

35 (1) modifications that the Administrator determines are necessary to

36 achieve the objectives of section 18102(a) of this title; and

37 (2) technological improvements in telecommunications devices and

38 systems that provide accessibility to hearing-impaired and speech-im39 paired individuals.
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1 § 18104. TTY installation by Congress

2 Each House of Congress shall establish a policy under which Members

3 of the House of Representatives and the Senate may obtain TTY’s for use

4 in communicating with hearing-impaired and speech-impaired individuals,

5 and for the use of hearing-impaired and speech-impaired employees.

6 CHAPTER 183—NATIONAL CAPITAL AREA INTEREST

7 ARBITRATION STANDARDS

Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

8 § 18301. Findings and purposes

9 (a) FINDINGS.—Congress finds that—

10 (1) affordable public transportation is essential to the economic vital11 ity of the national capital area and is an essential component of re12 gional efforts to improve air quality to meet environmental require13 ments and to improve the health of both residents of and visitors to

14 the national capital area as well as to preserve the beauty and dignity

15 of the Nation’s capital;

16 (2) use of mass transit by both residents of and visitors to the na17 tional capital area is substantially affected by the prices charged for

18 mass transit services, prices that are substantially affected by labor

19 costs, since more than two-thirds of operating costs are attributable to

20 labor costs;

21 (3) labor costs incurred in providing mass transit in the national

22 capital area have increased at an alarming rate and wages and benefits

23 of operators and mechanics currently are among the highest in the Na24 tion;

25 (4) higher operating costs incurred for public transit in the national

26 capital area cannot be offset by increasing costs to patrons, since this

27 often discourages ridership and thus undermines the public interest in

28 promoting the use of public transit;

29 (5) spiraling labor costs cannot be offset by the governmental enti30 ties that are responsible for subsidy payments for public transit serv31 ices since local governments generally, and the District of Columbia

32 government in particular, are operating under severe fiscal constraints;

33 (6) imposition of mandatory standards applicable to arbitrators re34 solving arbitration disputes involving interstate compact agencies oper35 ating in the national capital area will ensure that wage increases are

36 justified and do not exceed the ability of transit patrons and taxpayers

37 to fund the increase; and
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1 (7) federal legislation is necessary under section 8 of Article I of the

2 United States Constitution to balance the need to moderate and lower

3 labor costs while maintaining industrial peace.

4 (b) PURPOSE.—The purpose of this chapter is to adopt standards gov5 erning arbitration that must be applied by arbitrators resolving disputes in6 volving interstate compact agencies operating in the national capital area in

7 order to lower operating costs for public transportation in the Washington

8 metropolitan area.

9 § 18302. Definitions

10 In this chapter, the following definitions apply:

11 (1) ARBITRATION.—The term ‘‘arbitration’’—

12 (A) means the arbitration of disputes, regarding the terms and

13 conditions of employment, that is required under an interstate

14 compact governing an interstate compact agency operating in the

15 national capital area; but

16 (B) does not include the interpretation and application of rights

17 arising from an existing collective bargaining agreement.

18 (2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a single

19 arbitrator, or a board of arbitrators, chosen under applicable proce20 dures.

21 (3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL

22 CAPITAL AREA.—The term ‘‘interstate compact agency operating in the

23 national capital area’’ means any interstate compact agency that pro24 vides public transit services and that was established by an interstate

25 compact to which the District of Columbia is a signatory.

26 § 18303. Standards for arbitrators

27 (a) DEFINITION.—In this section, the term ‘‘public welfare’’ includes,

28 with respect to arbitration under an interstate compact—

29 (1) the financial ability of the individual jurisdictions participating

30 in the compact to pay for the costs of providing public transit services;

31 and

32 (2) the average per capita tax burden, during the term of the collec33 tive bargaining agreement to which the arbitration relates, of the resi34 dents of the Washington metropolitan area, and the effect of an arbi35 tration award rendered under that arbitration on the respective income

36 or property tax rates of the jurisdictions that provide subsidy payments

37 to the interstate compact agency established under the compact.

38 (b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering

39 an arbitration award involving the employees of an interstate compact agen40 cy operating in the national capital area may not make a finding or a deci-
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1 sion for inclusion in a collective bargaining agreement governing conditions

2 of employment without considering the following factors:

3 (1) The existing terms and conditions of employment of the employ4 ees in the bargaining unit.

5 (2) All available financial resources of the interstate compact agency.

6 (3) The annual increase or decrease in consumer prices for goods

7 and services as reflected in the most recent consumer price index for

8 the Washington metropolitan area, published by the Bureau of Labor

9 Statistics.

10 (4) The wages, benefits, and terms and conditions of the employment

11 of other employees who perform, in other jurisdictions in the Wash12 ington standard metropolitan statistical area, services similar to those

13 in the bargaining unit.

14 (5) The special nature of the work performed by the employees in

15 the bargaining unit, including any hazards or the relative ease of em16 ployment, physical requirements, educational qualifications, job training

17 and skills, shift assignments, and the demands placed upon the employ18 ees as compared to other employees of the interstate compact agency.

19 (6) The interests and welfare of the employees in the bargaining

20 unit, including—

21 (A) the overall compensation presently received by the employ22 ees, having regard not only for wage rates but also for wages for

23 time not worked, including vacations, holidays, and other excused

24 absences;

25 (B) all benefits received by the employees, including previous

26 bonuses, insurance, and pensions; and

27 (C) the continuity and stability of employment.

28 (7) The public welfare.

29 (c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN

30 AWARD.—An arbitrator rendering an arbitration award involving the em31 ployees of an interstate compact agency operating in the national capital

32 area may not, with respect to a collective bargaining agreement governing

33 conditions of employment, provide for salaries and other benefits that exceed

34 the ability of the interstate compact agency, or of any governmental juris35 diction that provides subsidy payments or budgetary assistance to the inter36 state compact agency, to obtain the necessary financial resources to pay for

37 wage and benefit increases for employees of the interstate compact agency.

38 (d) REQUIREMENTS FOR FINAL AWARD.—

39 (1) WRITTEN AWARD.—In resolving a dispute submitted to arbitra40 tion involving the employees of an interstate compact agency operating

41 in the national capital area, the arbitrator shall issue a written award
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1 that demonstrates that all the factors set forth in subsections (b) and

2 (c) have been considered and applied.

3 (2) PREREQUISITES.—An award may grant an increase in pay rates

4 or benefits (including insurance and pension benefits), or reduce hours

5 of work, only if the arbitrator concludes that any costs to the agency

6 do not adversely affect the public welfare.

7 (3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion regarding

8 the public welfare must be supported by substantial evidence.

9 § 18304. Procedures for enforcement of awards

10 (a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after

11 the parties receive an arbitration award to which section 18303 of this title

12 applies, the interstate compact agency and the employees, through their rep13 resentative, may agree in writing on any modifications to the award. After

14 the end of that 10-day period, the award, and any modifications, become

15 binding on the interstate compact agency, the employees in the bargaining

16 unit, and the employees’ representative.

17 (b) IMPLEMENTATION.—Each party to an award that becomes binding

18 under subsection (a) shall take all actions necessary to implement the

19 award.

20 (c) JUDICIAL REVIEW.—Within 60 days after an award becomes binding

21 under subsection (a), the interstate compact agency or the exclusive rep22 resentative of the employees concerned may bring a civil action in a court

23 that has jurisdiction over the interstate compact agency for review of the

24 award. The court shall review the award on the record, and shall vacate the

25 award or any part of the award, after notice and a hearing, if—

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

27 (2) the arbitrator exceeded the arbitrator’s powers;

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

29 (4) the arbitrator conducted the hearing contrary to the provisions

30 of this chapter or other laws or rules that apply to the arbitration so

31 as to substantially prejudice the rights of a party;

32 (5) there was partiality or misconduct by the arbitrator prejudicing

33 the rights of a party;

34 (6) the award was procured by corruption, fraud, or bias on the part

35 of the arbitrator; or

36 (7) the arbitrator did not comply with the provisions of section

37 18303 of this title.

38 SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHI39 TECT OF THE CAPITOL.

40 Chapter 443 of title 10, United States Code, is amended as follows:

41 (1) Insert immediately after section 4688 the following new section:
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1 ‘‘§ 4689. Transfer of material and equipment to the Architect

2 of the Capitol

3 ‘‘The Secretary of the Army is authorized to transfer, without payment,

4 to the Architect of the Capitol, such material and equipment, not required

5 by the Department of the Army, as the Architect may request for use at

6 the Capitol power plant, the Capitol Building, and the Senate and House

7 Office Buildings.’’.

8 (2) Insert immediately below item 4688 in the analysis of the chap9 ter the following new item:

‘‘4689. Transfer of material and equipment to the Architect of the Capitol.’’.

10 SEC. 3. CONFORMING CROSS-REFERENCES.

11 (a) TITLE 5.—Title 5, United States Code, is amended as follows:

12 (1) In section 7342(e)(1)—

13 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

14 Federal’’; and

15 (B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of 1949’’.

16 (2) In section 9505(b), strike ‘‘division E of the Clinger-Cohen Act

17 of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘sub18 title III of title 40’’.

19 (3) In section 9508(a)(2)(A), strike ‘‘division E of the Clinger-Cohen

20 Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute

21 ‘‘subtitle III of title 40’’.

22 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

23 (1) In section 2223—

24 (A) in subsection (a), strike ‘‘section 5125 of the Clinger-Cohen

25 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

26 title 40’’;

27 (B) in subsection (b), strike ‘‘section 5125 of the Clinger-Cohen

28 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of

29 title 40’’;

30 (C) in subsection (c)(2), strike ‘‘section 5002 of the Clinger31 Cohen Act of 1996 (40 U.S.C. 1401)’’ and substitute ‘‘section

32 11101 of title 40’’; and

33 (D) in subsection (c)(3), strike ‘‘section 5142 of the Clinger34 Cohen Act of 1996 (40 U.S.C. 1452)’’ and substitute ‘‘section

35 11103 of title 40’’.

36 (2) In section 2302(2)(A), strike ‘‘title IX of the Federal Property

37 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

38 substitute ‘‘chapter 11 of title 40’’.

39 (3) In section 2304(h)—

40 (A) before clause (1), strike ‘‘laws’’; and
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1 (B) strike clause (2) and substitute ‘‘(2) Sections 3141–3144,

2 3146, and 3147 of title 40.’’.

3 (4) In section 2305a(a), strike ‘‘the Brooks Architect-Engineers Act

4 (40 U.S.C. 541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

5 (5) In section 2315(a), strike ‘‘division E of the Clinger-Cohen Act

6 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

7 40’’.

8 (6) In section 2381(c)—

9 (A) strike ‘‘section 205 of the Federal Property and Administra10 tive Services Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘sec11 tion 121 of title 40’’; and

12 (B) strike ‘‘section 201(a) of that Act (40 U.S.C. 481(a))’’ and

13 substitute ‘‘section 501(a)(2) of title 40’’.

14 (7) In section 2535(b)(1)(G), strike ‘‘title II of the Federal Property

15 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

16 substitute ‘‘chapter 5 of title 40’’.

17 (8) In subsection 2562(a)(1)—

18 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

19 Federal’’; and

20 (B) strike ‘‘(40 U.S.C. 472 et seq.)’’ and substitute ‘‘(41 U.S.C.

21 251 et seq.)’’.

22 (9) In section 2572(d)(1), strike ‘‘section 205 of the Federal Prop23 erty and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and

24 substitute ‘‘section 121 of title 40’’.

25 (10) In section 2576(a)—

26 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

27 Federal’’; and

28 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

29 251 et seq.)’’.

30 (11) In section 2577(a)(2), strike ‘‘section 203 of the Federal Prop31 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

32 substitute ‘‘sections 541–555 of title 40’’.

33 (12) In section 2667—

34 (A) in subsection (a)(2), strike ‘‘section 3 of the Federal Prop35 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’

36 and substitute ‘‘section 102 of title 40’’;

37 (B) in subsection (b)(5), strike ‘‘section 321 of the Act of June

38 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title

39 40’’; and

40 (C) in subsection (f)(1)—
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1 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

2 Federal’’; and

3 (ii) strike ‘‘such Act is’’ and substitute ‘‘subtitle I and title

4 III are’’.

5 (13) In section 2667a(a)(3), strike ‘‘section 3 of the Federal Prop6 erty and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and

7 substitute ‘‘section 102 of title 40’’.

8 (14) In section 2676(a)—

9 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

10 Federal’’; and

11 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘41 U.S.C.

12 251 et seq.)’’.

13 (15) In section 2691(b)—

14 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

15 Federal’’; and

16 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

17 251 et seq.)’’.

18 (16) In section 2696—

19 (A) in subsection (a)—

20 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

21 Federal’’; and

22 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

23 U.S.C. 251 et seq.)’’; and

24 (B) strike subsection (e)(5) and substitute—

25 ‘‘(5) Chapter 5 of title 40.’’.

26 (17) In section 2701(i)(1)—

27 (A) strike ‘‘the Miller Act (40 U.S.C. 270a et seq.)’’ and sub28 stitute ‘‘sections 3131 and 3133 of title 40’’;

29 (B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. 270e–270f)’’

30 and substitute ‘‘section 3134 of title 40’’; and

31 (C) strike ‘‘the Miller Act’’ and substitute ‘‘sections 3131 and

32 3133’’.

33 (18) In section 2814(j)(3), strike ‘‘Sections 202 and 203 of the Fed34 eral Property and Administrative Services Act of 1949 (40 U.S.C. 483,

35 484)’’ and substitute ‘‘Subchapter II of chapter 5 and sections 541–

36 555 of title 40’’.

37 (19) In section 2831(b)(3), strike ‘‘section 204(b) of the Federal

38 Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))’’

39 and substitute ‘‘section 572(a) of title 40’’.

40 (20) In section 2852(b)(1), strike ‘‘section 355 of the Revised Stat41 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
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1 (21) In section 2854a(d)(1)—

2 (A) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

3 III of the’’; and

4 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

5 251 et seq.)’’.

6 (22) In subsection 2855(a), strike ‘‘title IX of the Federal Property

7 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

8 substitute ‘‘chapter 11 of title 40’’.

9 (23) In section 2878(d)—

10 (A) in clause (2)—

11 (i) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and

12 title III of the’’; and

13 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

14 U.S.C. 251 et seq.)’’; and

15 (B) strike clause (3) and substitute—

16 ‘‘(3) Section 1302 of title 40.’’.

17 (24) In section 4681, strike ‘‘section 205 of the Federal Property

18 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub19 stitute ‘‘section 121 of title 40’’.

20 (25) In section 4682, strike ‘‘section 205 of the Federal Property

21 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub22 stitute ‘‘section 121 of title 40’’.

23 (26) In section 4684, strike ‘‘section 205 of the Federal Property

24 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub25 stitute ‘‘section 121 of title 40’’.

26 (27) In section 4686, strike ‘‘section 205 of the Federal Property

27 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub28 stitute ‘‘section 121 of title 40’’.

29 (28) In section 7305(d)—

30 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

31 Federal’’;

32 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

33 251 et seq.)’’; and

34 (C) strike ‘‘that Act’’ and substitute ‘‘subtitle I of title 40 and

35 title III’’.

36 (29) In section 7306(a), strike ‘‘subsections (c) and (d) of section

37 602 of the Federal Property and Administrative Services Act of 1949

38 (40 U.S.C. 474)’’ and substitute ‘‘section 113 of title 40’’.

39 (30) In section 7422(c)(1), strike ‘‘the Act of February 26, 1931 (40

40 U.S.C. 258a–258e)’’ and substitute ‘‘sections 3114–3116 and 3118 of

41 title 40’’.
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1 (31) In section 7541, strike ‘‘section 205 of the Federal Property

2 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub3 stitute ‘‘section 121 of title 40’’.

4 (32) In section 7541a, strike ‘‘section 205 of the Federal Property

5 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub6 stitute ‘‘section 121 of title 40’’.

7 (33) In section 7542(a), strike ‘‘section 205 of the Federal Property

8 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub9 stitute ‘‘section 121 of title 40’’.

10 (34) In section 7545(a), strike ‘‘section 205 of the Federal Property

11 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub12 stitute ‘‘section 121 of title 40’’.

13 (35) In section 9444(b)(1)—

14 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

15 Federal’’; and

16 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

17 251 et seq.)’’.

18 (36) In section 9681, strike ‘‘section 205 of the Federal Property

19 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub20 stitute ‘‘section 121 of title 40’’.

21 (37) In section 9682, strike ‘‘section 205 of the Federal Property

22 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub23 stitute ‘‘section 121 of title 40’’.

24 (38) In section 9684, strike ‘‘section 205 of the Federal Property

25 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub26 stitute ‘‘section 121 of title 40’’.

27 (39) In section 9686, strike ‘‘section 205 of the Federal Property

28 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and sub29 stitute ‘‘section 121 of title 40’’.

30 (40) In section 9781—

31 (A) in subsection (b)(2)(D), strike ‘‘title II of the Federal Prop32 erty and Administrative Services Act of 1949 (40 U.S.C. 481 et

33 seq.)’’ and substitute ‘‘chapter 5 of title 40’’;

34 (B) in subsection (d), strike ‘‘title II of the Federal Property

35 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

36 and substitute ‘‘chapter 5 of title 40’’; and

37 (C) in subsection (g)—

38 (i) insert ‘‘subtitle I of title 40 and subtitle III of’’ before

39 ‘‘the Federal’’; and

40 (ii) add at the end of the subsection ‘‘(41 U.S.C. 251 et

41 seq.)’’.
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1 (41) In section 12603(d), strike ‘‘section 201(a) of the Federal Prop2 erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’ and

3 substitute ‘‘section 501 of title 40’’.

4 (42) In section 18239(b)(1), strike ‘‘section 355 of the Revised Stat5 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

6 (c) TITLE 14.—Title 14, United States Code, is amended as follows:

7 (1) In section 92—

8 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

9 Federal’’; and

10 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

11 251 et seq.)’’.

12 (2) In section 93(h)—

13 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

14 Federal’’; and

15 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

16 251 et seq.)’’.

17 (3) In section 641—

18 (A) in subsection (a)—

19 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

20 Federal’’; and

21 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

22 U.S.C. 251 et seq.)’’; and

23 (B) in subsection (c)(2), strike ‘‘section 203 of the Federal

24 Property and Administrative Services Act of 1949 (40 U.S.C.

25 484)’’ and substitute ‘‘sections 541–555 of title 40’’.

26 (4) In section 685(c)—

27 (A) in clause (1), strike—

28 (i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

29 III of the’’; and

30 (ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

31 251 et seq.)’’; and

32 (B) strike clause (2) and substitute—

33 ‘‘(2) Section 1302 of title 40.’’.

34 (d) TITLE 18.—Section 3668(c) of title 18, United States Code, is

35 amended by striking ‘‘sections 304f–304m of Title 40’’ and substituting

36 ‘‘section 1306 of title 40’’.

37 (e) TITLE 23.—Title 23, United States Code, is amended as follows:

38 (1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal Property

39 and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11

40 of title 40’’.
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1 (2) In section 113(a), strike ‘‘the Act of March 3, 1931, known as

2 the Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–

3 3144, 3146, and 3147 of title 40’’.

4 (f) THE INTERNAL REVENUE CODE OF 1986.—Section

5 7608(c)(1)(A)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C.

6 7608(c)(1)(A)(i)(IV)) is amended by striking ‘‘section 34 of title 40, United

7 States Code’’ and substituting ‘‘section 8141 of title 40’’.

8 (g) TITLE 28.—Title 28, United States Code, is amended as follows:

9 (1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal Prop10 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

11 substitute ‘‘sections 541–555 of title 40’’.

12 (2) In section 612(f), strike ‘‘section 201 of the Federal Property

13 and Administrative Services Act of 1949 (40 U.S.C. 481)’’ and sub14 stitute ‘‘sections 501–505 of title 40’’.

15 (3) In section 1499, strike ‘‘section 104 of the Contract Work Hours

16 and Safety Standards Act’’ and substitute ‘‘section 3703 of title 40’’.

17 (h) TITLE 31.—Title 31, United States Code, is amended as follows:

18 (1) In section 781(a), strike ‘‘section 7 of the Public Buildings Act

19 of 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section 3307

20 of title 40’’.

21 (2) In section 782, strike ‘‘(as defined in section 105 of the Public

22 Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’ and sub23 stitute ‘‘(as defined in section 3306(a) of title 40)’’.

24 (3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the Brooks

25 Architect-Engineers Act (40 U.S.C. 541)’’ and substitute section ‘‘1102

26 of title 40’’.

27 (4) In section 3126—

28 (A) in subsection (a), strike ‘‘section 2 of the Government

29 Losses in Shipment Act (40 U.S.C. 722)’’ and substitute ‘‘section

30 17303(a) of title 40’’; and

31 (B) in subsection (b), strike ‘‘Section 3 of the Government

32 Losses in Shipment Act (40 U.S.C. 723) (related to finality of de33 cisions of the Secretary)’’ and substitute ‘‘Section 17304(c) of title

34 40’’.

35 (5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal

36 Property and Administrative Services Act of 1949 (40 U.S.C. 486(b))’’

37 and substitute ‘‘section 121(b) of title 40’’.

38 (6) In section 3551(3), strike ‘‘section 3 of the Federal Property and

39 Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute

40 ‘‘section 102 of title 40’’.
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1 (7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August 24,

2 1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b) of title 40’’.

3 (8) In section 6703(d)(5)—

4 (A) strike ‘‘the Act of March 3, 1931 (commonly known as the

5 Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5)’’ and

6 substitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and

7 (B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly

8 known as the Copeland Anti-Kickback Act), as amended (40

9 U.S.C. 276c, 48 Stat. 948)’’ and substitute ‘‘section 3145 of title

10 40’’.

11 (9) In section 9303—

12 (A) in subsection (d), before clause (1)—

13 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil14 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

15 3131 and 3133 of title 40’’; and

16 (ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’ and sub17 stitute ‘‘section 3133(a) of title 40’’;

18 (B) in subsection (d)(1)—

19 (i) strike ‘‘the Act of August 24, 1935 (known as the Mil20 ler Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections

21 3131 and 3133 of title 40’’; and

22 (ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’ and

23 substitute ‘‘section 3133(b) of title 40’’; and

24 (C) in subsection (e)(2)(A), strike ‘‘the Act of August 24, 1935

25 (known as the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

26 ‘‘sections 3131 and 3133 of title 40’’.

27 (i) TITLE 36.—Title 36, United States Code, is amended as follows:

28 (1) In section 2103(a)(1), strike ‘‘section 355 of the Revised Stat29 utes (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

30 (2) In section 220314(b), strike ‘‘section 451 of the Legislative Re31 organization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute ‘‘section

32 5108 of title 40’’.

33 (j) TITLE 38.—Title 38, United States Code, is amended as follows:

34 (1) In section 115(1), strike ‘‘section 355 of the Revised Statutes

35 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

36 (2) In section 310(b), strike ‘‘division E of the Clinger-Cohen Act

37 of 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

38 40’’.

39 (3) In section 8122(a)(1), strike ‘‘section 321 of the Act of June 30,

40 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.
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1 (4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931 (40

2 U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)’’ and sub3 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

4 (5) In section 8162(a)—

5 (A) in paragraph (1), strike ‘‘section 321 of the Act of June

6 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal

7 Property and Administrative Services Act of 1949 (40 U.S.C. 483,

8 484)’’ and substitute ‘‘subchapter II of chapter 5 of title 40, sec9 tions 541–555 and 1302 of title 40’’; and

10 (B) in paragraph (3), strike ‘‘the Act of March 3, 1931 (40

11 U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–3144, 3146,

12 and 3147 of title 40’’.

13 (6) In section 8165(c), strike ‘‘section 204 of the Federal Property

14 and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act

15 of June 8, 1896 (40 U.S.C. 485a)’’ and substitute ‘‘subchapter IV of

16 chapter 5 of title 40’’.

17 (7) In section 8201(e), strike ‘‘section 321 of the Act of June 30,

18 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

19 (k) TITLE 39.—Section 410(b)(4) of title 39, United States Code, is

20 amended to read as follows:

21 ‘‘(4) the following provisions of title 40:

22 ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147;

23 and

24 ‘‘(B) chapters 37 and 173;’’.

25 (l) TITLE 44.—Title 44, United States Code, is amended as follows:

26 (1) In section 311(a), strike ‘‘the Federal Property and Administra27 tive Services Act, approved June 30, 1949, as amended,’’ and sub28 stitute ‘‘subtitle I of title 40 and title III of the Federal Property and

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

30 (2) In section 2901(13), strike ‘‘section 3(a) of the Federal Property

31 and Administrative Services Act of 1949 (40 U.S.C. 472(a))’’ and sub32 stitute ‘‘section 102 of title 40’’.

33 (3) In section 3501(8)(B), strike ‘‘the Computer Security Act of

34 1987 (Public Law 100–235)’’ and substitute ‘‘section 11332 of title

35 40’’.

36 (4) In section 3502(9)—

37 (A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40

38 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and

39 (B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and

40 substitute ‘‘section 11103 of title 40’’.

41 (5) In section 3504—
290

•HR 2068 RS

1 (A) in subsection (g)(2), strike ‘‘section 5131 of the Clinger2 Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the

3 Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub4 stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;

5 (B) in subsection (g)(3), strike ‘‘section 5131 of the Clinger6 Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the

7 Computer Security Act of 1987 (40 U.S.C. 759 note)’’ and sub8 stitute ‘‘sections 11331 and 11332(b) and (c) of title 40’’;

9 (C) in subsection (h)(1)(B), strike ‘‘section 5131 of the Clinger10 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section

11 11331 of title 40’’; and

12 (D) in subsection (h)(2)—

13 (i) strike ‘‘division E of the Clinger-Cohen Act of 1996 (40

14 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title

15 40’’; and

16 (ii) strike ‘‘section 110 of the Federal Property and Admin17 istrative Services Act of 1949 (40 U.S.C. 757)’’ and sub18 stitute ‘‘section 322 of title 40’’.

19 (6) In section 3506—

20 (A) in subsection (g)(2), strike ‘‘the Computer Security Act of

21 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

22 40’’; and

23 (B) in subsection (g)(3), strike ‘‘the Computer Security Act of

24 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

25 40’’.

26 (7) In section 3518(d), strike ‘‘section 5131 of the Clinger-Cohen

27 Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987

28 (40 U.S.C. 759 note)’’ and substitute ‘‘sections 11331 and 11332 of

29 title 40’’.

30 (m) TITLE 46.—Title 46, United States Code, is amended as follows:

31 (1) In section 2101(17), strike ‘‘section 13 of the Coast Guard Au32 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

33 (2) In section 3305(c), strike ‘‘section 13 of the Coast Guard Au34 thorization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

35 (n) TITLE 49.—Title 49, United States Code, is amended as follows:

36 (1) In section 103(e)—

37 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

38 Federal Property’’; and

39 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

40 251 et seq.)’’.
291

•HR 2068 RS

1 (2) In section 5325(b), strike ‘‘title IX of the Federal Property and

2 Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub3 stitute ‘‘chapter 11 of title 40’’.

4 (3) In section 5333(a)—

5 (A) strike ‘‘the Act of March 3, 1931 (known as the Davis6 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections

7 3141–3144, 3146, and 3147 of title 40’’; and

8 (B) strike ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C.

9 276c)’’ and substitute ‘‘section 3145 of title 40’’.

10 (4) In section 24312—

11 (A) in subsection (a)—

12 (i) strike ‘‘the Act of March 3, 1931 (known as the Davis13 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec14 tions 3141–3144, 3146, and 3147 of title 40’’; and

15 (ii) strike ‘‘section 107 of the Contract Work Hours and

16 Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘sec17 tion 3704 of title 40’’; and

18 (B) in subsection (b), strike ‘‘the Act of March 3, 1931 (known

19 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and sub20 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’

21 (5) In section 40110(c)(2)—

22 (A) in subclause (C), strike ‘‘(as defined in section 13 of the

23 Public Buildings Act of 1959 (40 U.S.C. 612))’’ and substitute

24 ‘‘(as defined in section 3301(a) of title 40)’’; and

25 (B) in subclause (F), strike ‘‘title II of the Federal Property

26 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’

27 and substitute ‘‘sections 121, 123, and 126 and chapter 5 of title

28 40’’.

29 (6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the Govern30 ment Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute

31 ‘‘sections 17302 and 17303 of title 40’’.

32 (7) In section 47107(a)(17), strike ‘‘title IX of the Federal Property

33 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

34 substitute ‘‘chapter 11 of title 40’’.

35 (8) In section 47112(b), strike ‘‘the Act of March 3, 1931 (known

36 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute

37 ‘‘sections 3141–3144, 3146, and 3147 of title 40’’.

38 (9) In section 49111(d)(1), strike ‘‘section 5 of the Act of June 6,

39 1924 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722 of title 40’’.

40 (o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.—

41 Section 403(e) of the Veterans’ Benefits Programs Improvement Act of
292

•HR 2068 RS

1 1991 (Pub. L. 102–86, 105 Stat. 424) is amended by striking ‘‘section

2 303b of title 40, sections 483 and 484 of title 40’’ and substituting ‘‘sub3 chapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40’’.

4 SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMIN5 ISTRATIVE SERVICES ACT OF 1949.

6 Title V of the Federal Property and Administrative Services Act of 1949

7 (ch. 288), as added by section 6(d) of the Act of September 5, 1950 (ch.

8 849, 64 Stat. 583), is repealed.

9 SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION.

10 (a) PURPOSE.—The purpose of this Act is to revise, codify, and enact

11 without substantive change the general and permanent laws of the United

12 States related to public buildings, property, and works, in order to remove

13 ambiguities, contradictions, and other imperfections and to repeal obsolete,

14 superfluous, and superseded provisions.

15 (b) NO SUBSTANTIVE CHANGE.—

16 (1) IN GENERAL.—This Act makes no substantive change in existing

17 law and may not be construed as making a substantive change in exist18 ing law.

19 (2) DEEMED DATE OF ENACTMENT FOR CERTAIN PURPOSES.—For

20 purposes of determining whether one provision of law supersedes an21 other based on enactment later in time, and otherwise to ensure that

22 this Act makes no substantive change in existing law, the date of enact23 ment of a provision restated in section 1 or 2 of this Act is deemed

24 to remain unchanged, continuing to be the date of enactment of the

25 underlying provision of public law that is being restated.

26 (3) INCONSISTENT LAWS ENACTED AFTER MARCH 31, 2002.—This

27 Act restates certain laws enacted before April 1, 2002. Any law enacted

28 after March 31, 2002, that is inconsistent with this Act, including any

29 law purporting to amend or repeal a provision that is repealed by this

30 Act, supersedes this Act to the extent of the inconsistency.

31 (c) REFERENCES.—A reference to a law replaced by section 1 or 2 of this

32 Act, including a reference in a regulation, order, or other law, is deemed

33 to refer to the corresponding provision enacted by this Act.

34 (d) CONTINUING EFFECT.—An order, rule, or regulation in effect under

35 a law replaced by section 1 or 2 of this Act continues in effect under the

36 corresponding provision enacted by this Act until repealed, amended, or su37 perseded.

38 (e) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

39 an offense committed under a law replaced by section 1 or 2 of this Act

40 is deemed to have been taken or committed under the corresponding provi41 sion enacted by this Act.
293

•HR 2068 RS

1 (f) INFERENCES.—An inference of a legislative construction is not to be

2 drawn by reason of the location in the United States Code of a provision

3 enacted by this Act or by reason of a caption or catch line of the provision.

4 (g) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

5 valid provisions that are severable from the invalid provision remain in ef6 fect. If a provision enacted by this Act is held invalid in any of its applica7 tions, the provision remains valid for all valid applications that are severable

8 from any of the invalid applications.

9 SEC. 6. REPEALS.

10 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

11 be construed as a legislative inference that the provision was or was not in

12 effect before its repeal.

13 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

14 are repealed, except for rights and duties that matured, penalties that were

15 incurred, and proceedings that were begun before the date of enactment of

16 this Act:

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1822

May 7 96 ............... 3 ............................................................. 3 692 ............... 307

1874

Feb. 4 22 ............... ................................................................ 18 14 ................. 28

Mar. 7 50 ............... (proviso) ................................................. 18 20 ................. 29

1876

July 31 246 ............. (proviso (related to report) in 1st par.

on p. 115).

19 115 ............... 27

1877

Mar. 3 105 ............. (proviso (related to report) in 16th par.

on p. 359).

19 359 ............... 27

106 ............. (words after 2d semicolon in 3d par.

under heading ‘‘Miscellaneous’’).

19 370 ............... 34

1878

June 20 359 ............. (proviso in 2d par. under heading

‘‘Building and Grounds in and

Around Washington and the Executive Mansion’’).

20 220 ............... 103

1879

Mar. 3 182 ............. 1 (words after semicolon in 5th par. on

p. 388).

20 388 ............... 30

July 1 62 ............... ................................................................ 21 47 ................. 307

1882

Aug. 5 389 ............. 1 (2d sentence in 8th par. on p. 241) ... 22 241 ............... 35

1883

Jan. 16 27 ............... 4 ............................................................. 22 405 ............... 42

1888

Aug. 1 728 ............. ................................................................ 25 357 ............... 257, 258

1890

Aug. 30 837 ............. 3 ............................................................. 26 412 ............... 120

1892

July 29 320 ............. 15 ........................................................... 27 325 ............... 101

Aug. 1 352 ............. 3 ............................................................. 27 340 ............... 323

1893

Mar. 3 211 ............. 3 ............................................................. 27 715 ............... 286
294

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1895

Mar. 2 189 ............. (words after last comma in 1st par. on

p. 959).

28 959 ............... 190a

1896

June 8 373 ............. ................................................................ 29 268 ............... 485a

1898

July 1 543 ............. 5 ............................................................. 30 570 ............... 79

546 ............. 1 (6th complete par. on p. 614) ............ 30 614 ............... 285

July 7 571 ............. (last par. under catchline ‘‘Capitol and

Grounds’’).

30 672 ............... 164

1899

Mar. 3 458 ............. 2 (2d par.) ............................................. 30 1378 ............. 89

1900

Apr. 17 192 ............. (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 125 ............... 164

1901

Mar. 3 830 ............. 1 (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 1000 ............. 164

1902

Apr. 28 594 ............. 1 (6th, last pars. on p. 152) ................. 32 152 ............... 19, 31

1903

Feb. 25 755 ............. 1 (7th par. on p. 865) ........................... 32 865 ............... 484–1

Mar. 3 1007 ........... 1 (4th complete par. on p. 1112) .......... 32 1112 ............. 304

1905

Mar. 3 1483 ........... 1 (words before ‘‘namely’’ in last sentence of 9th par. on p. 1161).33 1161 ............. 279

1908

May 27 200 ............. 1 (7th complete par. on p. 327, 1st

complete par. on p. 356, proviso on

p. 358).

35 327, 356, 358 43 note, 64,

283

May 30 228 ............. 34 ........................................................... 35 545 ............... 261

1909

Feb. 9 101 ............. (3d par. under heading ‘‘War Department’’).35 615 ............... 43 note

Mar. 4 299 ............. 1 (proviso in 2d par. on p. 997) ............ 35 997 ............... 43

1910

May 17 243 ............. ................................................................ 36 371 ............... 104, 106

June 25 384 ............. 1 (8th complete par. on p. 728 (less appropriations)).36 728 ............... 105

1912

Aug. 23 350 ............. 1 (2d complete par. on p. 375) ............. 37 375 ............... 251

Aug. 24 355 ............. 1 (last proviso in last par. on p. 432,

10th par. on p. 444).

37 432, 444 ....... 68, 280

Aug. 26 408 ............. 1 (last par. on p. 605) ........................... 37 605 ............... 174

1913

Mar. 3 106 ............. 1 ‘‘Sec. 3’’, 4 ......................................... 37 727 ............... 323

Mar. 4 142 ............. 1 (words after 4th comma in last par.

on p. 771).

37 771 ............... 38.

June 23 3 ................. 1 (proviso on p. 17, last proviso in 2d

complete par. on p. 22, 1st, 3d pars.

under heading ‘‘Central Heating and

Power Plant’’).

38 17, 22, 25 ..... 22, 253, 281

1914

Aug. 1 223 ............. 1 (last par. on p. 633) ........................... 38 633 ............... 82

1916

May 10 117 ............. 1 (last par. under catchline ‘‘Contingent

Expenses’’, last par. less proviso

under catchline ‘‘Rent’’).

39 109, 118 ....... 39, 40

1917

June 12 27 ............... 1 (words before 10th comma in 4th par.

on p. 112, last par. on p. 133).

40 112, 133 ....... 22, 91

1918

July 9 143 ............. (last par. on p. 850) .............................. 40 850 ............... 314
295

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Aug. 31 164 ............. 1 (6th par., words before ‘‘and over’’ in

last par. under heading ‘‘Washington

Aqueduct.’’).

40 951 ............... 100

1919

Feb. 25 39 ............... 3 ............................................................. 40 1173 ............. 314

Aug. 25 52 ............... ................................................................ 41 281 ............... 271

1920

Feb. 28 91 ............... 213 ......................................................... ........ ...................... 316

Mar. 6 94 ............... (proviso in last par. under heading

‘‘Public Buildings’’).

41 507 ............... 272

May 29 214 ............. 1 (1st complete par. on p. 642, words

in par. under heading ‘‘Independent

Treasury’’).

41 642, 654 ....... 42, 285

June 5 235 ............. (2d complete par. on p. 913) ................. 41 913 ............... 113

253 ............. 1 (1st par. under heading ‘‘Legislative’’).41 1035 ............. 186

1921

Mar. 3 123 ............. ................................................................ 41 1251 ............. 307

1922

Feb. 17 55 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 1st complete

par. on p. 387, 1st proviso on p. 388).

42 369, 387, 388 25, 284, 312,

313

Mar. 20 103 ............. (last par. (related to inspection) on p.

430).

42 430 ............... 26

1923

Jan. 3 22 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 2d par. on p.

1108, 1st proviso on p. 1109).

42 1090, 1108,

1109.

25, 284, 312,

313

Jan. 24 42 ............... (proviso in 1st complete par. on p.

1211).

42 1211 ............. 115

Feb. 20 98 ............... (par. (related to inspection) under

catchline ‘‘Capitol Power Plant’’).

42 1273 ............. 26

1924

Apr. 4 84 ............... (proviso in 1st par. and 1st complete

par. on. p. 67, last proviso in 2d par.

under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p.

83).

43 67, 82, 83 ..... 25, 284, 312,

313

June 5 264 ............. (proviso in 2d complete par. on p. 422) 43 422 ............... 115

June 6 270 ............. 1–4(a), (d), (e), 5, 7–13 ........................ 43 463 ............... 71–71d, 71f–

72, 73, 74

June 7 303 ............. 1(words between 1st and 2d semicolons

(related to inspection) in 9th par.

under heading ‘‘Capitol Buildings

and Grounds’’).

43 587 ............... 26

1925

Jan. 22 87 ............... (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in complete par.

and 1st proviso in last par. on p.

781)).

43 766, 781 ....... 25, 284, 312,

313

Feb. 26 339 ............. ................................................................ 43 983 ............... 2–6

Mar. 3 462 ............. (proviso in 1st par. on p. 1176) ............ 43 1176 ............. 115

Mar. 4 549 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 1st par. on

p. 1296).

43 1296 ............. 26

556 ............. 1 (1st par. under heading ‘‘Public

Buildings and Grounds’’).

43 1323 ............. 91

1926

Mar. 2 43 ............... 1 (proviso in 1st par. and 1st complete

par. on p. 139, last proviso in 2d par.

under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p.

154).

44 139, 153, 154 25, 284, 312,

313

Mar. 3 44 ............... 1 (last par. under heading ‘‘Department

of the Interior, Contingent Expenses’’).

44 173 ............... 117

Apr. 29 195 ............. (proviso in 3d complete par. on p. 368) 44 368 ............... 115

Apr. 30 198 ............. ................................................................ 44 374 ............... 71

May 13 294 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 1st par. and

4th complete par. on p. 547).

44 547 ............... 26, 222

May 25 380 ............. 3, 5 (related to ‘‘amendment’’ by Act of

Feb. 16, 1931 (ch. 203, 46 Stat.

1164)), 8.

44 632, 633, 635 343, 345a
296

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1927

Jan. 26 58 ............... 1 (last proviso in 1st par. and 1st complete par. on p. 1030, last proviso in

2d par. under heading ‘‘Public Buildings, Operating Expenses’’, 1st proviso on p. 1045).

44 1030, 1044,

1045.

25, 284, 312,

313

Feb. 23 168 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 5th par. on

p. 1156).

44 1156 ............. 26

Feb. 24 189 ............. (provisos in 3d par. on p. 1219) ........... 44 1219 ............. 115, 115a

1928

Feb. 15 57 ............... (provisos in 3d complete par. on p. 103) 45 103 ............... 115, 115a

Mar. 5 126 ............. 1 (last proviso in 1st par. and 1st complete par. on p. 165, last proviso in

2d par. under heading ‘‘Public Buildings, Operating Expenses’’, provisos

and last sentence in 1st par. on p.

186).

45 165, 185, 186 25, 112a,

284, 312,

313

May 14 551 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in last par. on

p. 526).

45 526 ............... 26

May 24 726 ............. ................................................................ 45 726 ............... 71

May 29 901 ............. 1(8), (85) ............................................... 45 986, 992 ....... 174, 314

Dec. 20 39 ............... 1 (1st par. on p. 1031, 2d proviso and

provisos in 1st complete par. on p.

1048).

45 1031, 1048 ... 25, 30a, 284,

313

Dec. 22 48 ............... ................................................................ 45 1070 ............. 72a, 72b

1929

Jan. 25 102 ............. (provisos in 4th par. on p. 1133) .......... 45 1133 ............. 115, 155a

Feb. 28 367 ............. 1 (words between 1st and 2d semicolons

(related to inspection) in 8th par. on

p. 1396).

45 1396 ............. 26

Mar. 1 423 ............. ................................................................ 45 1425 ............. 271

June 20 33 ............... 6 (words after 1st comma) .................... 46 39 ................. 161a

1930

Apr. 18 184 ............. (provisos in 2d complete par. on p. 212) 46 212 ............... 115, 115a

May 15 289 ............. 1 (5th par. under heading ‘‘Division of

Supply’’, 1st proviso and provisos in

1st complete par. on p. 358).

46 337, 358 ....... 25, 30a, 284,

313

May 16 291 ............. ................................................................ 46 366 ............... 121, 121 note

June 6 407 ............. 1 (words between 5th and 6th semicolons (related to inspection) in 1st

par. under heading ‘‘Capitol Buildings and Grounds’’, 1st complete par.

on p. 514 (related to care and operation of Senate Office Building)).

46 513, 514 ....... 26, 174a

June 28 710 ............. ................................................................ 46 828 ............... 255

1931

Feb. 16 203 ............. 1 ............................................................. 46 1164 ............. 345a

Feb. 20 234 ............. 1 (words between 5th and 6th semicolons (related to inspection) in 1st

par. under heading ‘‘Capitol Buildings and Grounds’’, 1st complete par.

on p. 1184 (related to care and operation of Senate Office Building)).

46 1183, 1184 ... 26, 174a

Feb. 23 277 ............. 1 (3d par. on p. 1219, last proviso in

complete par. and proviso in last par.

on p. 1234, proviso in 1st par. on p.

1235).

46 1219, 1234,

1235.

25, 30a, 284,

313

280 ............. 1 (provisos in 3d par. on p. 1349) ........ 46 1349 ............. 115, 115a

Feb. 26 307 ............. ................................................................ 46 1421 ............. 258a—258e–

1

Mar. 3 411 ............. ................................................................ 46 1494 ............. 276a—276a–

6

1932

May 20 197 ............. ................................................................ 47 161 ............... 122, 123

May 21 200 ............. ................................................................ 47 163 ............... 124–126

June 30 314 ............. 1 (words between 5th and 6th semicolons (related to inspection) in 1st

par. under heading ‘‘Capitol Buildings and Grounds’’, 1st par. on p.

392 (related to care and operation of

Senate Office Building)), 320, 321.

47 391, 392, 412 26, 174a,

267a, 303b

July 1 361 ............. 1 (2d, last provisos in 1st par. on p.

517).

47 517 ............... 115, 115a

July 5 430 ............. 1 (1st complete par. on p. 582, last

proviso in 1st complete par. and provisos in last par. on p. 596).

47 582, 596 ....... 25, 30a, 284,

313
297

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1933

Feb. 11 48 ............... 1 ............................................................. 47 799 ............... 124, 125

Feb. 28 134 ............. 1 (words between 5th and 6th semicolons (related to inspection) in 1st

par. under heading ‘‘Capitol Buildings and Grounds’’, last par. on p.

1360 (related to care and operation

of Senate Office Building)).

47 1360 ............. 26, 174a

Mar. 1 144 ............. 1 (provisos in 4th par. on p. 1406) ....... 47 1406 ............. 115, 115a

Mar. 3 212 ............. (2d par. under heading ‘‘General Supply Committee’’, last proviso in complete par. and last proviso on p.

1505, proviso in 1st par. on p. 1506).

47 1491, 1505,

1506.

25, 30a, 284,

313

June 16 90 ............... 202–210, 220, 303, 304 ........................ 48 201, 210, 211 402–411,

413, 414

101 ............. 7 ............................................................. 48 305 ............... 315

1934

Jan. 24 4 ................. 34 ........................................................... 48 336 ............... 191

Feb. 15 13 ............... 1 (words before 1st proviso (related to

continuation of Civil-Works program)).

48 351 ............... 411a

Mar. 15 70 ............... 1 (1st complete par. on p. 438, last

proviso in 2d par. under heading

‘‘Public Buildings, Operating Expenses’’, provisos in 1st par. on p.

442, last proviso in 4th par. under

heading ‘‘Public Buildings, Maintenance and Operation’’).

48 438, 441,

442, 449.

25, 30a, 284,

313

May 7 222 ............. 1–3 ......................................................... 48 668 ............... 13a–13c

May 30 372 ............. 1 (words between 5th and 6th semicolons (related to inspection) in 1st

par. and 5th complete par. on p. 827

(related to care and operation of Senate Office Building)).

48 827 ............... 26, 174a

June 13 482 ............. 2 ............................................................. 48 948 ............... 276c

June 19 648 ............. (last par. on p. 1044) ............................ 48 1044 ............. 22a

1935

May 14 110 ............. 1 (last proviso in 3d par. on p. 233,

last proviso and last par. on p. 234).

49 233, 234 ....... 284, 313,

313a

June 27 320 ............. ................................................................ 49 425 ............... 22b, 22b

note, 22c

July 8 374 ............. (3d complete par. on p. 470 (related to

care and operation of Senate Office

Building)).

49 470 ............... 174a

Aug. 24 642 ............. ................................................................ 49 793 ............... 270, 270a,

270a notes,

270b—

270d–1

Aug. 26 684 ............. ................................................................ 49 800 ............... 345b, 345c

Aug. 27 740 ............. 301–308 ................................................. 49 879 ............... 304f–304m

744 ............. ................................................................ 49 885 ............... 304a–304e

Aug. 30 825 ............. ................................................................ 49 1011 ............. 276a—276a–

6

1936

June 23 725 ............. 1 (last proviso in 2d complete par. on p.

1843, last proviso and last par. on p.

1844).

49 1843, 1844 ... 284, 313,

313a

June 25 822 ............. ................................................................ 49 1938 ............. 290

June 29 860 ............. ................................................................ 49 2025 ............. 421–425

1937

May 14 180 ............. 1 (last proviso in 2d complete par. on p.

153, last proviso and last par. on p.

154, last proviso in 1st par. on p.

163).

50 153, 154, 163 284, 313,

313a

May 18 223 ............. (last par. on p. 179 (related to care and

operation of Senate Office Building)).

50 179 ............... 174a

July 8 444 ............. 1–7, 10, 11 ............................................ 50 479, 484 ....... 721, 721

notes, 722–

729

1938

Mar. 28 55 ............... 1 (last proviso on p. 137, last proviso

and 1st complete par. on p. 139, last

proviso in 1st complete par. on p.

147).

52 137, 139, 147 284, 313,

313a

May 17 236 ............. (1st par. under catchline ‘‘Senate Office

Building’’ (related to care and operation of Senate Office Building)).

52 391 ............... 174a

June 15 400 ............. ................................................................ 52 693 ............... 311b

June 20 534 ............. 16 ........................................................... 52 802 ............... None
298

•HR 2068 RS

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

1939

May 6 115 ............. 1 (last proviso in 2d complete par. on p.

672, 4th and last provisos and 1st

complete par. on p. 674, last proviso

in 1st complete par. on p. 682).

53 672, 674, 682 109a, 284,

313, 313a

June 3 176 ............. ................................................................ 53 808 ............... 311b

July 15 281 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

53 1033 ............. 60a

July 31 400 ............. ................................................................ 53 1144 ............. 121

Aug. 5 449 ............. ................................................................ 53 1211 ............. 72c, 72c note,

72d, 72d

note, 72e,

72e note,

74a, 74a

note, 74b,

74c

Aug. 10 665 ............. 1–3 ......................................................... 53 1358 ............. 723–725, 729

1940

Feb. 1 18 ............... ................................................................ 54 19 ................. 255

Mar. 25 71 ............... (6th and last provisos on p. 69, 1st par.

on p. 70, last proviso in 2d complete

par. on p. 77).

54 69, 70, 77 ..... 109a, 284,

313, 313a

June 12 333 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

54 334 ............... 60a

June 15 373 ............. ................................................................ 54 399 ............... 276a, 276a note June 18 396 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

54 472 ............... 166a

July 18 634 ............. ................................................................ 54 764 ............... 109, 109a

635 ............. ................................................................ 54 764 ............... 304a–304d

Aug. 13 666 ............. ................................................................ 54 788 ............... 316

Sept. 9 717 ............. (3d proviso under heading ‘‘Military

Posts’’).

54 873 ............... 269a

Oct. 8 756 ............. (1st proviso on p. 968) .......................... 54 968 ............... 269a

Oct. 9 793 ............. ................................................................ 54 1083 ............. 255

Oct. 22 908 ............. 6 ............................................................. 54 1208 ............. 13e

1941

Mar. 23 26 ............... (last proviso in 5th complete par. on p.

53).

55 53 ................. 276a–7

Apr. 29 81 ............... ................................................................ 55 147 ............... 270e, 270f

May 31 156 ............. 1 (6th and last provisos on p. 226, 2d

par. under heading ‘‘Procurement Division’’, last proviso in 1st complete

par. on p. 234).

55 226, 234 ....... 109a, 284,

313, 313a

June 30 262 ............. (2d proviso under heading ‘‘Military

Posts’’).

55 375 ............... 269a

July 1 268 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

55 457 ............... 166a

271 ............. (1st par. on p. 529) ............................... 55 529 ............... 60a

Aug. 21 395 ............. (last proviso in 14th par. on p. 664) ..... 55 664 ............... 276a–7

Dec. 10 563 ............. ................................................................ 55 796 ............... 291

1942

Feb. 21 108 ............. (words after last comma in 1st par. on

p. 109).

56 109 ............... 313

Mar. 10 178 ............. (5th and 6th provisos and 1st complete

par. on p. 161, 2d proviso on p. 169).

56 161, 169 ....... 109a, 284,

313, 313a

Apr. 28 249 ............. ................................................................ 56 247 ............... 278b

June 8 396 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

56 341 ............... 166a

June 27 450 ............. (1st proviso in 2d complete par. and

last par. on p. 407).

56 407 ............... 277a, 284

452 ............. (1st complete par. on p. 451) ................ 56 451 ............... 60a

Oct. 21 618 ............. ................................................................ 56 797 ............... 258f

1943

June 26 145 ............. 101 (proviso in par. under heading ‘‘Office of the Administrator’’, last proviso on p. 177, 1st and 2d complete

pars. on p. 178).

57 176, 177, 178 7a, 265a,

277a, 284

June 28 173 ............. (1st complete par. on p. 232) ................ 57 232 ............... 166a

June 30 179 ............. (5th and 6th provisos and 1st complete

par. on p. 262), 201 (last proviso).

57 262, 269 ....... 109a, 284,

313, 313a

July 1 184 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

57 338 ............... 60a

1944

Apr. 1 152 ............. (words before proviso in last par. under

heading ‘‘Treasury Department’’).

58 162 ............... 756 note

Apr. 22 175 ............. (7th proviso and 1st complete par. on p.

206, last proviso in 1st complete par.

on p. 214).

58 206, 214 ....... 284, 313,

313a
299

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

June 26 277 ............. 101 (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

58 346 ............... 166a

June 27 286 ............. 101 (1st proviso on p. 367, 1st proviso

in 2d complete par. and last par. on

p. 368, 1st complete par. on p. 369).

58 367, 368, 369 7a, 265a,

277a,284

June 28 300 ............. (last proviso on p. 526) ......................... 58 526 ............... 60a

1945

Apr. 24 92 ............... (2d proviso and 1st complete par. on p.

67, last proviso in 3d par. under

heading ‘‘Public Buildings, Maintenance and Operation’’).

59 67, 74 ........... 284, 313,

313a

May 3 106 ............. 101 (proviso in 1st par. under heading

‘‘Office of the Administrator’’, proviso in 1st and 2d complete pars.,

last complete par., and last par. on p.

114, 1st and 2d complete pars. on p.

115).

59 112, 114 ....... 7a, 265a,

277a, 284,

292, 293

June 13 189 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

59 251 ............... 166a

June 30 209 ............. (4th proviso in 1st complete par. on p.

289).

59 289 ............... 60a

1946

Mar. 28 113 ............. 101 (proviso in 1st par. under heading

‘‘Office of the Administrator’’, proviso in 1st and 2d pars. and 3d–last

pars. on p. 67).

60 65, 67 ........... 7a, 265a,

277a, 284,

292

June 14 404 ............. 1–4, 7–9 ................................................ 60 257, 258 ....... 128, 295,

296, 304b,

304c, 341

note July 1 530 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

60 400 ............... 166a

July 9 544 ............. (4th proviso in 1st complete par. on p.

518).

60 518 ............... 60a

July 20 588 ............. 101 (5th proviso and 1st complete par.

on p. 579, last proviso in 3d par.

under heading ‘‘Public Buildings,

Maintenance and Operation’’).

60 579, 585 ....... 284, 313,

313a

589 ............. 302 ......................................................... 60 595 ............... 33a

July 31 707 ............. 1–8, 10–13, 15, 16(a) ........................... 60 718, 719, 720 193a–193h,

193h note,

193i–193m,

194–205,

213

Aug. 7 770 ............. (55) ........................................................ 60 870 ............... 314

1947

July 1 186 ............. (last proviso and 1st complete par. on

p. 224, last proviso in 1st complete

par. on p. 233).

61 224, 233 ....... 284, 313,

313a

July 17 262 ............. 101 (2d par. under heading ‘‘Office of

the Architect of the Capitol’’).

61 369 ............... 166a

July 25 324 ............. (4th proviso in 1st par. on p. 443) ....... 61 443 ............... 60a

327 ............. 2(a) (5th par.) ....................................... 61 451 ............... 101 note

July 30 358 ............. 302 ......................................................... 61 583 ............... 33a

359 ............. 101 (proviso in last complete par. and

last par. on p. 593, 1st and 2d complete pars. on p. 594).

61 593, 594 ....... 277a, 284,

292

Aug. 5 493 ............. 2 (1st sentence) ..................................... 61 774 ............... 303

1948

Apr. 20 219 ............. 101 (proviso in 1st and 2d complete

pars., last complete par., and last

par. on p. 183).

62 183 ............... 277a, 284,

292

May 14 290 ............. ................................................................ 62 235 ............... 129a–130a

June 1 359 ............. ................................................................ 62 281 ............... 318–318d

June 14 466 ............. (5th proviso and 1st complete par. on p.

415, 3d complete par. on p. 416, last

proviso on p. 421).

62 415, 416, 421 284, 313,

313a, 756

note 467 ............. 101 (last par. under heading ‘‘Office of

the Architect of the Capitol’’).

62 430 ............... 166a

June 19 555 ............. (4th proviso in 1st complete par. on p.

553).

62 553 ............... 60a

June 25 646 ............. 6, 27 ...................................................... 62 986, 990 ....... 13c, 257

June 30 773 ............. 302 ......................................................... 62 1194 ............. 33a

1949

May 24 139 ............. 134 ......................................................... 63 108 ............... 276c

June 16 218 ............. 404, 405, 410–413 ................................ 63 199, 200 ....... 298a, 298a

note, 298b,

298d, 356,

356a

June 22 235 ............. 101 (1st complete par. on p. 224) ........ 63 224 ............... 166a
300

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

June 29 279 ............. (1st proviso on p. 319) .......................... 63 319 ............... 60a

June 30 286 ............. (last proviso in 1st par. under heading

‘‘Bureau of Federal Supply’’, 2d–last

sentences in 1st complete par. on p.

364, par. under heading ‘‘General

Supply Fund’’).

63 363, 364 ....... 313–1, 314a,

756 note

288 ............. 1–3, 101–103, 106, 107, 109(a)–(c),

(e)–(g), 110, 112, 201, 202(a)–(e),

(g), (h), 203–212, 401–404, 601,

602(a), (c)–(e), 603, 605, 606, 801–

806, 901–905.

63 377, 381,

382, 383,

385, 397,

399, 401,

403.

471, 471

notes, 472–

476, 481,

483, 484,

485, 486–

490, 491,

492, 511–

514, 531,

531 note,

532–535,

541, 541

note, 542–

544, 751–

755, 756,

757, 758,

760

Aug. 18 479 ............. ................................................................ 63 616 ............... 13f–13p

Aug. 24 506 ............. 101 (provisos and 3d and 4th complete

pars. on p. 640), 307.

63 640, 662 ....... 33a, 277a,

284, 292

Oct. 13 685 ............. 1–5, 7, 8 ................................................ 63 841, 842 ....... 451–455,

457, 458

Oct. 26 737 ............. ................................................................ 63 920 ............... 482

1950

July 18 467 ............. (3d proviso on p. 364) ........................... 64 364 ............... 60a

Sept. 5 849 ............. 1–5, 6(a) (related to §§ 601, 602(a)

and (c)–(e), 603, and 605), (b) (related to §§ 601, 602(a) and (c)–(e),

603, and 605), (c), 7(a)–(d),

(e)(‘‘Sec. 602(c)’’), (f), (g), 8(a), (b),

(c) (related to § 602(e)), 9, 10(b), 11.

64 578, 583,

590, 591.

471 note,

472, 472

note, 473,

474, 475,

481, 484,

486, 490,

491, 492,

752, 756,

756 note,

758

Sept. 6 896 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’, 1st complete par. on p. 706, 1st par. and

2d–last sentences in last par. on p.

708, ‘‘Sec. 1207’’).

64 602, 706,

708, 764.

33a, 166a,

278c, 313–

1, 756 note

Sept. 27 1052 ........... (par. under heading ‘‘General Supply

Fund’’).

64 1056 ............. 756 note

1951

Aug. 3 292 ............. (3d proviso in 1st par. on p. 167) ......... 65 167 ............... 60a

Aug. 31 376 ............. (1st proviso on p. 275) .......................... 65 275 ............... 313–2

Oct. 11 485 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

65 396 ............... 166a

Oct. 24 559 ............. 1–9, 11 .................................................. 65 634 ............... 193n–193v,

193x

Oct. 31 654 ............. 1(73)–(97), 2(1), (20), (24), 4(8) ......... 65 704, 706,

707, 709.

5a, 7, 8–13,

14, 15–18,

20, 21,

27a, 44,

110–112,

114, 116,

117, 119,

266, 269,

273, 287,

294, 302,

303a, 304,

311b, 312,

484–1,

485a

Nov. 1 664 ............. 1307 ....................................................... 65 756 ............... 33a

1952

July 5 576 ............. (3d proviso in 1st complete par. on p.

385, proviso on p. 400).

66 385, 400 ....... 60a, 313–2

July 9 598 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

66 472 ............... 166a

July 10 630 ............. 633 ......................................................... 66 537 ............... 483a

July 12 703 ............. 1(a)–(l) .................................................. 66 593 ............... 472, 483,

484, 487,

490, 756,

41:259

July 15 758 ............. 1407 ....................................................... 66 660 ............... 33a
301

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

July 19 949 ............. 1 ‘‘Sec. 1–4(a), (d), (e), 5, 7–10’’, 2 ..... 66 781, 787, 789 71, 71 note,

71a–71d,

71f–72, 73,

74

1953

July 31 299 ............. (4th proviso in 1st complete par. on p.

290, last proviso on p. 304).

67 290, 304 ....... 60a, 313–2

Aug. 1 304 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

67 327 ............... 166a

305 ............. 630 ......................................................... 67 355 ............... 483a

Aug. 7 340 ............. 1307, 1316 ............................................ 67 436, 439 ....... 33a, 483b

Aug. 8 399 ............. ................................................................ 67 521 ............... 484

1954

June 24 359 ............. (last proviso on p. 282) ......................... 68 282 ............... 313–2

June 30 432 ............. 723 ......................................................... 68 355 ............... 483a

July 1 449 ............. (last proviso on p. 386) ......................... 68 386 ............... 60a

July 2 455 ............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

68 405 ............... 166a

July 14 481 ............. ................................................................ 68 474 ............... 484

Aug. 2 649 ............. 702(a), (b), (d)–(g), 703 ....................... 68 641 ............... 460, 462

Aug. 26 935 ............. 1307 ....................................................... 68 829 ............... 33a

Aug. 30 1076 ........... (20) ........................................................ 68 967 ............... 122

Aug. 31 1178 ........... ................................................................ 68 1051 ............. 485

Sept. 1 1211 ........... 1–4 ......................................................... 68 1126 ............. 471, 472,

490, 491,

491 note

1955

May 25 76 ............... ................................................................ 69 66 ................. 106

June 3 129 ............. ................................................................ 69 83 ................. 270e

130 ............. ................................................................ 69 83 ................. 484, 484 notes

June 29 226 ............. 207 ......................................................... 69 196 ............... 33a

June 30 244 ............. (last proviso on p. 205) ......................... 69 205 ............... 313–2

July 5 272 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

69 254 ............... 60a

July 13 358 ............. 622 ......................................................... 69 319 ............... 483a

Aug. 1 442 ............. ................................................................ 69 430 ............... 484

Aug. 5 568 ............. (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

69 515 ............... 166a

Aug. 11 783 ............. 112 ......................................................... 69 641 ............... 462

Aug. 12 874 ............. 1, 2 ........................................................ 69 721 ............... 472

1956

June 13 385 ............. 207 ......................................................... 70 281 ............... 33a

June 27 452 ............. (2d par. on p. 344, 3d par. on p. 345) 70 344, 345 ....... 313–2, 756

note

453 ............. (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

70 365 ............... 166a

June 29 479 ............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

70 447 ............... 60a

July 2 488 ............. 618 ......................................................... 70 471 ............... 483a

July 3 513 ............. 1–3, 5 .................................................... 70 493, 495 ....... 484, 484 note

July 27 748 ............. (par. under heading ‘‘General Supply

Fund’’).

70 686 ............... 756 note

Aug. 3 942 ............. ................................................................ 70 1020 ............. 484

1957

June 5 85–48 ......... 207 ......................................................... 71 54 ................. 33a

June 29 85–69 ......... (3d complete par. on p. 231, 5th complete par. on p. 232).71 231, 232 ....... 313–2, 756 note

July 1 85–75 ......... (2d par. under heading ‘‘Office of the

Architect of the Capitol’’).

71 251 ............... 166a

Aug. 2 85–117 ....... 618 ......................................................... 71 326 ............... 483a

1958

Feb. 28 85–337 ....... 5 ............................................................. 72 29 ................. 472

June 25 85–468 ....... 207 ......................................................... 72 225 ............... 33a

July 2 85–486 ....... ................................................................ 72 288 ............... 484

85–493 ....... ................................................................ 72 294 ............... 304c, 490

July 18 85–542 ....... ................................................................ 72 399 ............... 298d

July 31 85–570 ....... (last par. under heading ‘‘Salaries’’) ..... 72 448 ............... 166a

Aug. 19 85–680 ....... ................................................................ 72 631 ............... 488

Aug. 22 85–724 ....... 617 ......................................................... 72 727 ............... 483a

Aug. 23 85–726 ....... 1406 ....................................................... 72 808 ............... 474

Aug. 27 85–781 ....... ................................................................ 72 936 ............... 481

Aug. 28 85–800 ....... 12 ........................................................... 72 967 ............... 276c

Aug. 28 85–844 ....... (par. under heading ‘‘General Supply

Fund’’, last par. on p. 1069).

72 1068, 1069 ... 313–2, 756

note

Sept. 2 85–886 ....... 1, 3 ........................................................ 72 1709 ............. 490
302

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1959

May 20 86–30 ......... (par. under heading ‘‘General Supply

Fund’’).

73 43 ................. 756 note

June 25 86–70 ......... 30(a) ...................................................... 73 148 ............... 472

July 8 86–79 ......... 207 ......................................................... 73 166 ............... 33a

Aug. 4 86–135 ....... ................................................................ 73 279 ............... 270b, 270b

note, 270c

Aug. 18 86–166 ....... 616 ......................................................... 73 381 ............... 483a

Aug. 21 86–176 ....... (2d par. under heading ‘‘Salaries’’) ...... 73 407 ............... 166a

Sept. 1 86–215 ....... ................................................................ 73 446 ............... 485

Sept. 9 86–249 ....... 1–17(5), (7)–(23), 19–21 ...................... 73 479, 484 ....... 23, 24, 32,

33, 59,

260, 262–

265, 267,

268, 274–

276, 277,

278, 282,

297–298,

298c, 341–

342a, 344,

345, 346–

350a, 352–

354, 490,

601, 601

note, 602,

603–612,

613–615,

617–619

Sept. 14 86–255 ....... (4th par. under heading ‘‘General Provisions’’).73 507 ............... 313–2

Sept. 23 86–372 ....... 801 ......................................................... 73 686 ............... 462

1960

May 13 86–461 ....... ................................................................ 74 128 ............... 106

June 27 86–527 ....... ................................................................ 74 223 ............... 131, 131

note, 132–

135

July 5 86–591 ....... ................................................................ 74 330 ............... 756

July 7 86–601 ....... 516 ......................................................... 74 352 ............... 483a

86–608 ....... ................................................................ 74 363 ............... 345c

July 12 86–624 ....... 26, 27(a)–(c) ......................................... 74 418 ............... 276a, 472,

491, 514

86–626 ....... 101 (3d and 6th complete pars. on p.

434).

74 434 ............... 313–2, 484a

86–628 ....... (last par. under heading ‘‘Salaries’’) ..... 74 455 ............... 166a

86–642 ....... 207 ......................................................... 74 478 ............... 33a

Sept. 13 86–764 ....... ................................................................ 74 904 ............... 126

1961

Mar. 31 87–14 ......... (par. under heading ‘‘General Supply

Fund’’).

75 25 ................. 756 note

June 30 87–70 ......... 502 ......................................................... 75 175 ............... 462

July 6 87–82 ......... 2 ............................................................. 75 199 ............... 174j–2

July 20 87–94 ......... ................................................................ 75 213 ............... 484

Aug. 3 87–125 ....... 507 ......................................................... 75 283 ............... 33a

Aug. 10 87–130 ....... (last par. under heading ‘‘Salaries’’) ..... 75 329 ............... 166a

Aug. 17 87–141 ....... (par. under heading ‘‘General Supply

Fund’’, 2d par. on p. 353).

75 351, 353 ....... 313–2, 756 note 87–144 ....... 616 ......................................................... 75 378 ............... 483a

Sept. 22 87–275 ....... ................................................................ 75 574 ............... 318d

Oct. 4 87–372 ....... ................................................................ 75 802 ............... 756

1962

May 24 87–456 ....... 303(b) .................................................... 76 78 ................. 474

June 8 87–476 ....... ................................................................ 76 92 ................. 607

July 25 87–545 ....... (par. under heading ‘‘General Supply

Fund’’).

76 212 ............... 756 note

Aug. 6 87–571 ....... ................................................................ 76 307 ............... 193f, 193h

Aug. 9 87–577 ....... 516 ......................................................... 76 331 ............... 483a

Aug. 13 87–581 ....... 1, 2, 101–108, 203, 204 ....................... 76 357, 360 ....... 321, 321

note, 322,

324–327,

327 notes,

328–334

Aug. 24 87–600 ....... ................................................................ 76 401 ............... 756

Aug. 31 87–619 ....... ................................................................ 76 414 ............... 486

Sept. 14 87–658 ....... 6 ............................................................. 76 544 ............... 462

Sept. 25 87–683 ....... ................................................................ 76 575 ............... 71a

Oct. 2 87–730 ....... (last par. under heading ‘‘Salaries’’) ..... 76 688 ............... 166a

Oct. 3 87–741 ....... (par. under heading ‘‘General Supply

Fund’’, last par. on p. 727).

76 725, 727 ....... 313–2, 756

note

Oct. 10 87–786 ....... ................................................................ 76 805 ............... 484

Oct. 23 87–847 ....... ................................................................ 76 1117 ............. 757

87–852 ....... ................................................................ 76 1129 ............. 319c
303

•HR 2068 RS

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

1963

May 17 88–25 ......... (par. under heading ‘‘General Supply

Fund’’).

77 26 ................. 756 note

Oct. 17 88–149 ....... 516 ......................................................... 77 267 ............... 483a

Dec. 19 88–215 ....... (par. under heading ‘‘General Supply

Fund’’, 4th par. on p. 436).

77 434, 436 ....... 313–2, 756 note Dec. 30 88–248 ....... (last par. under heading ‘‘Salaries’’) ..... 77 812 ............... 166a

1964

July 2 88–349 ....... 1 ............................................................. 78 238 ............... 276a

Aug. 1 88–391 ....... ................................................................ 78 365 ............... 193r, 193t,

193v, 193x

Aug. 14 88–426 ....... 203(d) (related to Assistant Architect

of the Capitol), (e).

78 415 ............... 166b, 166b–1

Aug. 19 88–446 ....... 516 ......................................................... 78 477 ............... 483a

Aug. 20 88–454 ....... (last par. under heading ‘‘Salaries’’) ..... 78 544 ............... 166a

Aug. 30 88–507 ....... (2d complete par. on p. 655) ................. 78 655 ............... 313–2

88–515 ....... ................................................................ 78 696 ............... 701, 701

note, 702,

703

Sept. 2 88–560 ....... 602 ......................................................... 78 799 ............... 462

1965

Mar. 9 89–4 ........... 1, 2, 101–108, 201, 202, 207, 214,

221–226, 301–304, 401–405.

79 5, 17 ............. 40 App.:1, 2,

101–108,

201, 202,

207, 214,

221–226,

301–304,

401–405

June 2 89–30 ......... 1–4 ......................................................... 79 118 ............... 301, 306,

308–310

July 27 89–90 ......... (1st par. on p. 276) ............................... 79 276 ............... 166a

Aug. 10 89–117 ....... 1104 ....................................................... 79 503 ............... 462

Aug. 16 89–128 ....... (2d complete par. on p. 531) ................. 79 531 ............... 313–2

Sept. 8 89–173 ....... 1, 5(a), 6 ............................................... 79 663, 665, 666 684, 685

Sept. 29 89–213 ....... 616 ......................................................... 79 876 ............... 483a

Oct. 20 89–276 ....... ................................................................ 79 1010 ............. 490

Nov. 8 89–343 ....... 6 ............................................................. 79 1303 ............. 474

89–344 ....... ................................................................ 79 1304 ............. 490

89–348 ....... 2(4) ........................................................ 79 1312 ............. 484

1966

Aug. 27 89–545 ....... (last par. under heading ‘‘Salaries’’) ..... 80 364 ............... 166a

Sept. 6 89–555 ....... (4th par. on p. 674) .............................. 80 674 ............... 313–2

Oct. 15 89–670 ....... 8(b) ........................................................ 80 942 ............... 40 App.:201

89–687 ....... 616 ......................................................... 80 994 ............... 483a

Oct. 29 89–698 ....... 401 ......................................................... 80 1072 ............. 214a

Nov. 2 89–719 ....... 105(b) .................................................... 80 1139 ............. 270a

Nov. 7 89–790 ....... ................................................................ 80 1424 ............. 71 note

1967

May 25 90–19 ......... 7, 10(a) (related to § 702), (d) .............. 81 22 ................. 460, 462, 474

May 29 90–21 ......... (par. under heading ‘‘General Supply

Fund’’).

81 33 ................. 756 note

July 28 90–57 ......... (last par. under heading ‘‘Salaries’’) ..... 81 136 ............... 166a

Sept. 29 90–96 ......... 616 ......................................................... 81 245 ............... 483a

Oct. 11 90–103 ....... 101–104, 106, 107, 112, 116–123 ........ 81 257, 258,

261, 263.

40 App.:1

note, 102,

105, 106,

201, 202,

207, 214,

221, 223 ,

224, 302,

303, 401,

403

Oct. 20 90–108 ....... ................................................................ 81 275 ............... 101, 193a,

193a note,

193f, 193h,

193m

Nov. 3 90–121 ....... (2d complete par. on p. 349) ................. 81 349 ............... 313–2

Nov. 14 90–135 ....... ................................................................ 81 441 ............... 771, 771

note, 781–

786, 791,

792

Dec. 16 90–206 ....... 219(3), (4) ............................................. 81 639 ............... 166b, 166b–1

1968

Mar. 12 90–264 ....... 1, 101–107, 109–116(a)(1), (b), 117–

120, 201–203.

82 43, 45 ........... 801, 801

note, 802–

804, 804

note, 805–

808, 811–

819a, 821–

823
304

•HR 2068 RS

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 19 90–351 ....... 525 ......................................................... ........ ...................... 484

July 5 90–376 ....... 3 ............................................................. 82 286 ............... 193v

July 23 90–417 ....... (2d par. under heading ‘‘Salaries’’) ...... 82 407 ............... 166a

July 23 90–417 ....... (last par. under heading ‘‘Salaries’’) ..... 82 407 ............... 167a note

Aug. 1 90–448 ....... 201(f), 607, 807(f) ................................ 82 502, 534, 544 462, 612, 40

App.:207

Oct. 4 90–550 ....... (2d complete par. on p. 944) ................. 82 944 ............... 313–2

Oct. 16 90–577 ....... 501 ......................................................... 82 1104 ............. 531, 531

note, 532–

535

Oct. 17 90–580 ....... 516 ......................................................... 82 1132 ............. 483a

Oct. 22 90–626 ....... ................................................................ 82 1319 ............. 490

1969

June 30 91–34 ......... 2(c) ........................................................ 83 41 ................. 193m

Aug. 9 91–54 ......... ................................................................ 83 96 ................. 327 notes,

333

Nov. 25 91–123 ....... 101–104, 106–111 ................................ 83 214, 215 ....... 40 App.:1

note, 105,

201, 202,

207, 214,

302, 401,

403, 405

Nov. 26 91–126 ....... (4th par. under heading ‘‘General Provisions’’).83 228 ............... 313–2

Dec. 9 91–143 ....... 8 ............................................................. 83 322 ............... 651, 652,

661, 663–

665, 671,

682–684

Dec. 12 91–145 ....... (last par. under heading ‘‘Salaries’’) ..... 83 350 ............... 166a

Dec. 29 91–171 ....... 617 ......................................................... 83 483 ............... 483a

1970

May 21 91–258 ....... 52(b)(5) ................................................. 84 235 ............... 40 App.:214

June 30 91–297 ....... 201(c) .................................................... 84 357 ............... 210a note

July 29 91–358 ....... 173(a)(1) ............................................... 84 591 ............... 129a note

Aug. 12 91–375 ....... 6(m) ....................................................... 84 782 ............... 356, 474,

615, 723,

724

Aug. 18 91–382 ....... (words before proviso (related to salary

of Executive Assistant Architect of

the Capitol) in 1st par. under heading ‘‘Salaries’’), 1st complete par. on

p. 818).

84 817, 818 ....... 166a, 166b–1

Sept. 1 91–393 ....... 1, 2, 4 .................................................... 84 835 ............... 255, 256,

258e

Sept. 26 91–426 ....... ................................................................ 84 883 ............... 481, 512

Oct. 17 91–466 ....... 2 ............................................................. 84 990 ............... 521–524

Oct. 21 91–469 ....... 39 ........................................................... 84 1036 ............. 270f

Oct. 22 91–485 ....... 2–4 ......................................................... 84 1084 ............. 484

Oct. 26 91–510 ....... 451(a) .................................................... 84 1193 ............. 193n–1

Oct. 27 91–513 ....... 1102(o) .................................................. 84 1293 ............. 304m

Dec. 17 91–556 ....... (4th par. under heading ‘‘General Provisions’’).84 1448 ............. 313–2

1971

Jan. 11 91–668 ....... 817 ......................................................... 84 2033 ............. 483a

July 9 92–49 ......... 611 ......................................................... 85 124 ............... 313–2

92–51 ......... (last par. under heading ‘‘Salaries’’) ..... 85 137 ............... 166a

Aug. 5 92–65 ......... 201–204, 206, 208, 210–214 ................ 85 168, 169, 171 40 App.:1

note, 105,

106, 201,

201 note,

202, 207,

214, 223

note, 302,

401, 405

Dec. 18 92–204 ....... 717 ......................................................... 85 730 ............... 483a

1972

June 16 92–313 ....... 1–4, 7, 11 .............................................. 86 216, 221, 222 490, 601

note, 603,

603 notes,

606, 611

June 22 92–317 ....... 3(f) ......................................................... 86 235 ............... 14a

July 10 92–342 ....... (last par. under heading ‘‘Salaries’’) ..... 86 442 ............... 166a

Aug. 4 92–362 ....... 1 ............................................................. 86 503 ............... 484

Oct. 21 92–520 ....... 1, 41 ...................................................... 86 1019, 1026 ... 601 note, 616 note

Oct. 26 92–570 ....... 717 ......................................................... 86 1199 ............. 483a

Oct. 27 92–578 ....... 1–14, 16, 17 .......................................... 86 1266, 1274 ... 871, 871

note, 872–

885

92–582 ....... ................................................................ 86 1278 ............. 541–544
305

•HR 2068 RS

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

1973

July 6 93–62 ......... ................................................................ 87 146 ............... 802, 804

July 10 93–72 ......... ................................................................ 87 169 ............... 607

Aug. 6 93–83 ......... 2 ............................................................. 87 216 ............... 484

Nov. 1 93–145 ....... (last par. under heading ‘‘Salaries’’) ..... 87 540 ............... 166a

Dec. 24 93–198 ....... 203, 739(a)–(c), (e)–(g)(2), (7), (8),

(h)–(j).

87 779, 825,

826, 829.

13n, 71a,

71c–71g,

136, 193a

Dec. 29 93–226 ....... ................................................................ 87 943 ............... 193a note

1974

Jan. 2 93–238 ....... 717 ......................................................... 87 1041 ............. 483a

Aug. 13 93–371 ....... (last par. under heading ‘‘Salaries’’) ..... 88 437 ............... 166a

Aug. 22 93–383 ....... 401(c) .................................................... 88 691 ............... 460

Aug. 30 93–400 ....... 15 ........................................................... 88 800 ............... 474, 487, 581

Oct. 1 93–427 ....... ................................................................ 88 1170 ............. 873, 876, 885

Oct. 8 93–437 ....... 817 ......................................................... 88 1228 ............. 483a

Oct. 26 93–478 ....... ................................................................ 88 1449 ............. 802

Dec. 21 93–529 ....... (par. under heading ‘‘Appalachian Regional Development Programs’’).88 1711 ............. 40 App.:208

note

1975

Jan. 2 93–594 ....... ................................................................ 88 1926 ............. 472

93–599 ....... ................................................................ 88 1954 ............. 483

93–604 ....... 701 ......................................................... 88 1963 ............. 756

July 25 94–59 ......... (3d par. under heading ‘‘Salaries’’) ...... 89 287 ............... 166a

Aug. 9 94–82 ......... 204(b) ‘‘Sec. 203(d) (related to Assistant Architect of the Capitol)’’.89 421 ............... 166b

94–91 ......... 401 ......................................................... 89 452 ............... 490a

Dec. 31 94–188 ....... 101–111, 113, 115–122, 124 ................ 89 1079, 1082,

1083, 1086.

40 App.:1

note, 2, 2

note, 101,

102, 105–

107, 201,

201 note,

202, 207,

214, 223–

225, 302,

303, 401,

405

1976

Feb. 9 94–212 ....... 717 ......................................................... 90 171 ............... 483a

Apr. 21 94–273 ....... 2(19), 21 ................................................ 90 375, 379 ....... 74, 756

Aug. 3 94–375 ....... 16(b) ...................................................... 90 1076 ............. 461 note

Aug. 14 94–388 ....... ................................................................ 90 1188 ............. 885

Sept. 22 94–419 ....... 717 ......................................................... 90 1294 ............. 483a

Oct. 1 94–440 ....... (last par. under heading ‘‘Salaries’’) ..... 90 1452 ............. 166a

Oct. 17 94–519 ....... 1–5, 7–9 ................................................ 90 2451, 2456 ... 476, 483,

483c, 484,

484 note,

484c, 512

Oct. 18 94–541 ....... 105 ......................................................... 90 2505 ............. 490, 601

note, 606,

611, 612a

1977

Aug. 5 95–94 ......... (2d par. under heading ‘‘Salaries’’) ...... 91 672 ............... 166a

Sept. 21 95–111 ....... 817 ......................................................... 91 902 ............... 483a

Nov. 18 95–193 ....... ................................................................ 91 1412 ............. 40 App.:202,

202 note

1978

Sept. 30 95–391 ....... (last par. under heading ‘‘Salaries’’) ..... 92 781 ............... 166a

Oct. 10 95–431 ....... (proviso in par. under heading ‘‘Care of

the Building and Grounds’’).

92 1036 ............. 13a, 13b

Oct. 13 95–457 ....... 818 ......................................................... 92 1247 ............. 483a

Oct. 20 95–491 ....... ................................................................ 92 1641 ............. 760, 760 note

Oct. 24 95–506 ....... ................................................................ 92 1756 ............. 491

Nov. 2 95–585 ....... ................................................................ 92 2484 ............. 270a

Nov. 6 95–598 ....... 325 ......................................................... 92 2679 ............. 316

95–599 ....... 138(a), (b) ............................................. 92 2710 ............. 40 App.:201

Nov. 10 95–629 ....... 101 ......................................................... 92 3635 ............. 872–875,

877, 885

1979

July 25 96–38 ......... (par. under heading ‘‘General Supply

Fund’’).

93 124 ............... 756 note

July 30 96–41 ......... 3(d) ........................................................ 93 325 ............... 485

Aug. 15 96–60 ......... 203(c) .................................................... 93 399 ............... 474

Oct. 10 96–83 ......... 10 ........................................................... 93 652 ............... 474, 481, 487

Oct. 17 96–88 ......... 509(b) .................................................... 93 695 ............... 40 App.:202

Dec. 14 96–146 ....... 1(2) ........................................................ 93 1086 ............. 166b

Dec. 20 96–152 ....... 1(b) ........................................................ 93 1099 .............

Dec. 21 96–154 ....... 718 ......................................................... 93 1155 ............. 483a
306

•HR 2068 RS

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

1980

Oct. 8 96–399 ....... 402 ......................................................... 94 1667 ............. 461 note

Oct. 10 96–432 ....... 2, 4, 6(c) ................................................ 94 1852, 1853 ... 193a, 193a

note, 193d

note Oct. 19 96–470 ....... 101(a), 202(a), 211 ............................... 94 2237, 2242,

2246.

50, 514, 610

Dec. 8 96–506 ....... 3 ............................................................. 94 2746 ............. 40 App.:105,

106, 201,

214, 401,

405

Dec. 12 96–514 ....... 108 ......................................................... 94 2972 ............. 131 note

96–515 ....... 505 ......................................................... 94 3005 ............. 874 note

Dec. 15 96–527 ....... 718 ......................................................... 94 3084 ............. 483a

Dec. 16 96–536 ....... 101(c) [H.R. 7593 (related to expenses

of travel by the Office of the Architect of the Capitol)].

94 3167 ............. 166a

Dec. 18 96–545 ....... 2 ............................................................. 94 3215 ............. 40 App.:202

Dec. 22 96–571 ....... 1–5 ......................................................... 94 3341 ............. 795, 795

note, 795a–

795c

Dec. 28 96–610 ....... ................................................................ 94 3564 ............. 801 note, 802

note, 809

1981

June 5 97–12 ......... (par. under heading ‘‘General Supply

Fund’’).

95 75 ................. 756 note,

756a

Aug. 6 97–31 ......... 12(12)–(15) ........................................... 95 154 ............... 270f, 474,

483a, 484

Aug. 13 97–35 ......... 313(b), 1404, 1822(a) ........................... 95 398, 749, 767 461, 40

App.:105,

201, 401

Oct. 1 97–51 ......... 101(c) [H.R. 4120 (related to expenses

of travel by the Office of the Architect of the Capitol)].

95 959 ............... 166a

Dec. 4 97–88 ......... (par under heading ‘‘Appalachian Regional Development Programs’’).95 1146 ............. 40 App.:401 note Dec. 22 97–98 ......... 1443 ....................................................... 95 1321 ............. 483

Dec. 29 97–114 ....... 717 ......................................................... 95 1581 ............. 483a

97–125 ....... 1–3(2), (3) ‘‘Secs. 111–116(a)(1), (b),

117–119’’, 4.

95 1667, 1671 ... 801 note,

802, 811,

811 note,

812–819

1982

Apr. 2 97–164 ....... 160(a)(13) ............................................. 96 48 ................. 330

Oct. 2 97–276 ....... 101(e) [S. 2939 (related to expenses of

travel by the Office of the Architect

of the Capitol)].

96 1189 ............. 166a

Dec. 21 97–377 ....... 101(c) [title VII, § 717], (f) (related to

programs authorized by the Appalachian Regional Development Act of

1965), 120.

96 1853, 1906,

1913.

483a, 490c

note, 40

App.:401

note Dec. 29 97–390 ....... 1 ............................................................. 96 1957 ............. 13f, 13l, 13n,

13p

1983

July 14 98–50 ......... (par under heading ‘‘Appalachian Regional Development Programs’’).97 259 ............... 40 App.:401

note 98–51 ......... (par. under heading ‘‘Travel’’) .............. 97 273 ............... 166a

July 30 98–63 ......... 101 (1st–9th sentences in par. under

heading ‘‘Consumer Information Center Fund’’).

97 321 ............... 761

Oct. 31 98–141 ....... 8 ............................................................. 97 910 ............... 872, 874,

875, 880,

885

Nov. 14 98–151 ....... 112 ......................................................... 97 976 ............... 490c note

Nov. 30 98–181 ....... 126(a)(1) ............................................... 97 1175 ............. 484b

Dec. 1 98–191 ....... 8(d), 9(a)(2,), (3) .................................. 97 1331 ............. 474, 481, 487

Dec. 8 98–212 ....... 716 ......................................................... 97 1441 ............. 483a

1984

Apr. 18 98–269 ....... ................................................................ 98 156 ............... 270c

July 16 98–360 ....... (par under heading ‘‘Appalachian Regional Development Programs’’).98 418 ............... 40 App.:401 note July 17 98–367 ....... (par. under heading ‘‘Travel’’) .............. 98 482 ............... 166a

July 18 98–369 ....... 2713(b) .................................................. 98 1184 ............. 759 note

Oct. 12 98–473 ....... 101(h) [title VIII, § 8013], (j) [H.R.

5798, title IV, § 6, title V, § 507],

701, 702.

98 1925, 1963,

2129.

483a, 484,

490c note,

490d note

Oct. 19 98–524 ....... 4(e)(2) ................................................... 98 2489 ............. 40 App.:214

1985

Nov. 1 99–141 ....... (par under heading ‘‘Appalachian Regional Development Programs’’).99 577 ............... 40 App.:401 note
307

•HR 2068 RS

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. 8 99–145 ....... 1241(a) .................................................. 99 734 ............... 328

Nov. 13 99–151 ....... (par. under heading ‘‘Travel’’) .............. 99 800 ............... 166a

Dec. 19 99–190 ....... 101(h) [H.R. 3036, title IV, § 6, title

V, § 507], 139.

99 1291, 1323 ... 490b, 490c

note, 490d

note

Dec. 26 99–218 ....... ................................................................ 99 1729 ............. 13n

1986

Apr. 7 99–272 ....... 15301–15313 ......................................... 100 335 ............... 901–913

Aug. 22 99–386 ....... 201, 207 ................................................ 100 822, 823 ....... 484

Oct. 16 99–492 ....... 1 ............................................................. 100 1240 ............. 13n

Oct. 18 99–500 ....... 101(e) [title IV, par. under heading

‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related to use

of appropriations for travel expenses)], (m) [title IV, § 6, title V,

§ 507, title VI, § 616, title VIII,

§§ 821(a)(1), 832], 151.

100 1783–210,

1783–287,

1783–321,

1783–324,

1783–331,

1783–340,

1783–345,

1783–352.

166a, 490b,

490c note,

490d note,

751, 756b,

757, 40

App.:401

note

Oct. 30 99–591 ....... 101(e) [title IV, par. under heading

‘‘Appalachian Regional Commission’’], (j) [H.R. 5203 (related to use

of appropriations for travel expenses)], (m) [title IV, § 6, title V,

§ 507, title VI, § 616, title VIII,

§§ 821(a)(1), 832], 151.

100 3341–210,

3341–287,

3341–321,

3341–324,

3341–331,

3341–340,

3341–345,

3341–355.

166a, 490b,

490c note,

490d note,

751, 756b,

757, 40

App.:401

note

Nov. 7 99–627 ....... 3 ............................................................. 100 3509 ............. 512, 512

notes

Nov. 10 99–640 ....... 13(a)–(c) ................................................ 100 3551 ............. 484d

Nov. 14 99–652 ....... ................................................................ 100 3650 ............. 1001, 1001

note, 1002–

1010

99–656 ....... 1 ............................................................. 100 3668 ............. 258a, 258e–1

Nov. 17 99–662 ....... 945 ......................................................... 100 4200 ............. 483d

1987

July 22 100–77 ....... 502(a) .................................................... 101 510 ............... 484

Aug. 21 100–113 ..... 1–6, 10 .................................................. 101 735, 747 ....... 1101, 1101

note, 1102–

1105, 1109

Dec. 22 100–202 ..... 101(b) [title VIII, § 8093], (d) [title IV,

par. under heading ‘‘Appalachian Regional Commission’’], (f) [title II,

§ 3], (i) [title I, § 4 and par. under

heading ‘‘Travel’’], (m) [title IV, § 5,

title V, § 507, title VI, §§ 616, 619].

101 1329–79,

1329–127,

1329–196,

1329–294,

1329–301,

1329–410,

1329–415,

1329–423,

1329–427.

166a, 490

note, 490b,

490c note,

490d note,

756 notes,

756b,

1003, 40

App.:401

note

1988

Jan. 5 100–230 ..... 3 ............................................................. 101 1564 ............. 1003

Jan. 8 100–235 ..... 1, 2, 5–8 ................................................ 101 1724, 1729 ... 1441 note

Feb. 5 100–242 ..... 524 ......................................................... 101 1939 ............. 462

July 19 100–370 ..... 1(k)(3) ................................................... 102 849 ............... 483a

100–371 ..... (par. under heading ‘‘Appalachian Regional Commission’’).102 871 ............... 40 App.:401

note

Aug. 22 100–415 ..... ................................................................ 102 1104 ............. 885

Aug. 23 100–418 ..... 5115(c) .................................................. 102 1433 ............. 490

Sept. 22 100–440 ..... 5, 11, 507 .............................................. 102 1741, 1742,

1747.

490a–1 note,

490c note,

490d note

Oct. 1 100–458 ..... (par. under heading ‘‘Travel’’) .............. 102 2169 ............. 166a

Oct. 7 100–480 ..... ................................................................ 102 2328 ............. 816, 1201,

1201 note,

1202–1208

Oct. 28 100–542 ..... ................................................................ 102 2721 ............. 762, 762

note, 762a–

762d

Nov. 5 100–612 ..... ................................................................ 102 3180 ............. 471 note,

481, 484,

485, 488,

493

Nov. 15 100–656 ..... 742 ......................................................... 102 3897 ............. 541

Nov. 17 100–678 ..... 1–8 ......................................................... 102 4049 ............. 278a, 318–

318b, 601

note, 603,

606, 617–

619, 619

note

100–679 ..... 8 ............................................................. 102 4068 ............. 541

Nov. 18 100–690 ..... 2081(b) .................................................. 102 4216 ............. 484
308

•HR 2068 RS

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

1989

Aug. 9 101–73 ....... 744(f), (g) .............................................. 103 438 ............... 474, 612

Sept. 29 101–101 ..... (par. under heading ‘‘Appalachian Regional Commission’’).103 663 ............... 40 App.:401 note

Nov. 3 101–136 ..... 5, 7, 9, 22, 25, 506 ............................... 103 802, 803,

807, 808,

812.

490a–1, 490c

note, 490d,

490e, 491

note, 757

Nov. 21 101–162 ..... (proviso in par. under heading ‘‘Care of

the Building and Grounds’’).

103 1010 ............. 13a note

101–163 ..... (par. under heading ‘‘Travel’’), 106(a),

(b).

103 1055, 1056 ... 166a, 166b–1

1990

Oct. 15 101–427 ..... ................................................................ 104 927 ............... 40 App.:221

Oct. 17 101–434 ..... ................................................................ 104 985 ............... 40 App.:403

Oct. 25 101–462 ..... ................................................................ 104 1079 ............. 13n

Nov. 5 101–509 ..... 8, 15, 507 .............................................. 104 1414, 1415,

1423.

490c note,

490f, 490g

note

101–510 ..... 2805 ....................................................... 104 1786 ............. 485

101–514 ..... (par. under heading ‘‘Appalachian Regional Commission’’).104 2095 ............. 40 App.:401 note

101–520 ..... (par. under heading ‘‘Travel’’) .............. 104 2266 ............. 166a

1991

June 13 102–54 ....... 13(o) ...................................................... 105 278 ............... 612

Aug. 14 102–90 ....... (par. under heading ‘‘Travel’’), 312(f) .. 105 458, 469 ....... 166a, 184b–

184f

Aug. 17 102–104 ..... (par. under heading ‘‘Appalachian Regional Commission’’).105 533 ............... 40 App.:401 note

Oct. 28 102–141 ..... 7, 11, 505 .............................................. 105 856, 862 ....... 490c note,

490f, 490g

note

Dec. 11 102–216 ..... ................................................................ 105 1666 ............. 1010, 1010

note

102–219 ..... 1 ............................................................. 105 1673 ............. 885

Dec. 18 102–240 ..... 1087 ....................................................... 105 2022 ............. 40 App.:403

1992

Aug. 7 102–336 ..... ................................................................ 106 864 ............... 193v

Oct. 2 102–377 ..... (par. under heading ‘‘Appalachian Regional Commission’’).106 1339 ............. 40 App.:401

note

Oct. 6 102–392 ..... (par. under heading ‘‘Travel’’), 311,

318, 324.

106 1714, 1723,

1724, 1726.

166a, 193a

note, 1204,

1205, 1207

102–393 ..... 5, 13, 505, 528 ...................................... 106 1750, 1751,

1757, 1760.

490b, 490c

note, 490f,

490g

Oct. 23 102–439 ..... 1 ............................................................. 106 2223 ............. 885

Oct. 24 102–486 ..... 153 ......................................................... 106 2851 ............. 490

1993

Feb. 8 103–4 ......... 1 ............................................................. 107 30 ................. 1201 note

Aug. 11 103–69 ....... (par. under heading ‘‘Travel’’) .............. 107 702 ............... 166a

Sept. 21 103–82 ....... 202(f) ..................................................... 107 888 ............... 484

Oct. 28 103–123 ..... 5, 7, 505 ................................................ 107 1246, 1247,

1252.

485, 490c

note, 755a

103–126 ..... (par. under heading ‘‘Appalachian Regional Commission’’).107 1331 ............. 40 App.:401 note

Nov. 30 103–160 ..... 2927 ....................................................... 107 1932 ............. 484

Dec. 14 103–193 ..... ................................................................ 107 2293 ............. 13n

1994

July 21 103–279 ..... 9 ............................................................. 108 1416 ............. 193r, 193u,

193v

July 22 103–283 ..... (par. under heading ‘‘Travel’’) .............. 108 1434 ............. 166a

Aug. 26 103–316 ..... (par. under heading ‘‘Appalachian Regional Commission’’).108 1720 ............. 40 App.:401

note

103–321 ..... 2 ............................................................. 108 1793 ............. 1001 note,

1002,

1003,

1006–1010

Sept. 30 103–329 ..... (par. under heading ‘‘Payment of Government Losses in Shipment’’), 505,

611.

108 2387, 2409,

2418.

486a, 490c

note, 722a
309

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Oct. 13 103–355 ..... 1555, 4104(b), (c), 7301–7306,

8301(b), 10005(a)(2), (b)(2), (f)(1),

(2).

108 3300, 3341,

3382,

3396,

3406, 3408.

270a, 270a

notes,

270d–1,

276d, 276d

notes,

276d–1—

276d–3,

329, 333,

334, 471

notes, 481,

541 note

Nov. 2 103–437 ..... 14(b), (d), (e) ........................................ 108 4590, 4591 ... 606, 610,

874, 40

App.:403

1995

Nov. 13 104–46 ....... (par. under heading ‘‘Appalachian Regional Commission’’).109 416 ............... 40 App.:401 note Nov. 15 104–50 ....... 401–405 ................................................. 109 463 ............... 1301, 1301

note, 1302–

1304

Nov. 19 104–52 ....... 5, 503, 611 ............................................ 109 486, 491, 499 486a, 490c,

490h

104–53 ....... (par. under heading ‘‘Travel’’) .............. 109 527 ............... 166a

Dec. 21 104–66 ....... 2091(a) .................................................. 109 730 ............... 484

Dec. 22 104–68 ....... 1 ............................................................. 109 766 ............... 1101 note

1996

Feb. 10 104–106 ..... 1502(f)(7), 2818(b), 4321(i)(8), 5001,

5002, 5101, 5111–5113, 5121–5124,

5125(b)–(d), 5126–5128, 5131(a)–

(d), 5132, 5141, 5142, 5201, 5301–

5305, 5311, 5312, 5401–5403,

5607(b), 5608(a), 5701.

110 510, 555,

676, 679,

685, 686,

689, 691,

701, 702.

270a note,

485, 759,

1401, 1401

notes,

1411–1413,

1421–1428,

1441, 1441

note, 1442,

1451,

1452,

1461,

1471–1475,

1491,

1492,

1501–1503

Apr. 24 104–132 ..... 803 ......................................................... 110 1305 ............. 137

Apr. 26 104–134 ..... 101(c) [title I, proviso in 1st par. under

heading ‘‘John F. Kennedy Center

for the Performing Arts’’, title III,

§ 313].

110 1321–193,

1321–198.

193n, 872,

872 note

Aug. 6 104–182 ..... 306 ......................................................... 110 1685 ............. 45 note

Aug. 20 104–186 ..... 221(15), (18) ......................................... 110 1750 ............. 756b, 1003

Sept. 16 104–197 ..... (par. under heading ‘‘Travel’’) .............. 110 2404 ............. 166a

Sept. 23 104–201 ..... 823, 1067 .............................................. 110 2609, 2654 ... 318c, 490

Sept. 26 104–204 ..... (2d proviso under heading ‘‘Consumer

Information Center Fund’’).

110 2916 ............. 761a

Sept. 30 104–206 ..... (par. under heading ‘‘Appalachian Regional Commission’’).110 3000 ............. 40 App.:401

note Sept. 30 104–208 ..... 101(f) [title VI, § 640] .......................... 110 3009–365 ..... 1411 note

104–208 ..... 101(e) [title VII, § 709(a)(4), (5)], (f)

[title IV, 3d-6th provisos on p. 3009–

335, § 407, title VI, § 611, title VIII,

§ 808(b)].

110 3009–312,

3009–335,

3009–337,

3009–355,

3009–394.

276d–3,

486a, 490,

612, 872

note, 1401

note, 40

App.:214

Oct. 9 104–280 ..... 1 ............................................................. 110 3359 ............. 13n

Oct. 19 104–316 ..... 120 ......................................................... 110 3836 ............. 485a, 490

Nov. 12 104–333 ..... 814(d)(1)(G) .......................................... 110 4196 ............. 805

1997

July 18 105–27 ....... 1 ............................................................. 111 244 ............... 484

Oct. 6 105–50 ....... ................................................................ 111 1167 ............. 484

Oct. 10 105–61 ....... (proviso related to buildings considered

to be federally owned), 413.

111 1297, 1300 ... 481, 490i

note Oct. 13 105–62 ....... (par. under heading ‘‘Appalachian Regional Commission’’).

111 1336 ............. 40 App.:401 note Oct. 27 105–65 ....... (last proviso in par. under heading

‘‘Consumer Information Center

Fund’’).

111 1377 ............. 761a

Nov. 14 105–83 ....... (last proviso in par. under heading

‘‘National Capital Planning Commission’’).

111 1589 ............. 71a note

Nov. 18 105–85 ....... 850(f)(2), 852, 1073(h)(4) .................... 111 1849, 1851,

1907.

1441 note,

1492, 1501

Nov. 19 105–95 ....... 4 (related to section 9(3) of the Act of

October 24, 1951).

111 2149 ............. 193v

105–100 ..... 157(f) ..................................................... 111 2187 ............. 138
310

•HR 2068 RS

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

Nov. 26 105–119 ..... 118 ......................................................... 111 2468 ............. 484

1998

June 9 105–178 ..... 1117(c), 1211(b), 1212(a)(2)(B)(iii),

1222.

112 160, 188,

193, 223.

819a, 40

App.:201,

403, 405,

405 note

Aug. 7 105–220 ..... 199(a)(4) ............................................... 112 1059 ............. 40 App.:211

Oct. 7 105–245 ..... (par. under heading ‘‘Appalachian Regional Commission’’).112 1854 ............. 40 App.:401

note

Oct. 21 105–277 ..... 101(h) [title IV, 6th and 9th provisos

on p. 2681–502, title VI, §§ 603,

630], 1335(h).

112 2681–502,

2681–513,

2681–522,

2681–788.

490 note,

490b note,

490i, 1106

Oct. 31 105–332 ..... 3(g) ........................................................ 112 3126 ............. 40 App.:214

Nov. 10 105–362 ..... 401(g) .................................................... 112 3282 ............. 795d

Nov. 13 105–393 ..... 201–220(c)(1), 221, 222 ....................... 112 3618, 3625 ... 40 App.:1

note, 2,

101, 105,

106, 202–

208, 211–

214, 224,

226, 302,

401, 405

1999

Aug. 17 106–49 ....... ................................................................ 113 231 ............... 270a, 270a

notes, 270b

Sept. 29 106–60 ....... (par. under heading ‘‘Appalachian Regional Commission’’).113 498 ............... 40 App.:401

note

Oct. 5 106–65 ....... 1067(18) ................................................ 113 775 ............... 485

Oct. 22 106–78 ....... 752(b)(14) ............................................. 113 1170 ............. 474

Nov. 29 106–113 ..... 1000(a)(5) [§ 233(a)] ............................ 113 1501A–301 ... 484

Dec. 12 106–168 ..... 301 ......................................................... 113 1821 ............. 484

2000

Oct. 27 106–377 ..... 1(a)(2) (par. under heading ‘‘Appalachian Regional Commission’’).114 1441A–82 ..... 40 App.:401

note

Oct. 30 106–398 ..... 1 [§§ 809, 2814] .................................... 114 1654A–208,

1654A–419.

484, 1492

Nov. 13 106–518 ..... 313 ......................................................... 114 2421 ............. 13n

Dec. 21 106–554 ..... 1(a)(3) [§ 643], (7) [§ 307(a)] .............. 114 2763A–169,

2763A–635.

258e–1, 490b

2001

Nov. 12 107–67 ....... 630 ......................................................... 115 552 ............... 490b–1

Dec. 28 107–107 ..... 2812 ....................................................... 115 1307 ............. 485

2002

Mar. 12 107–149 ..... 116 ......................................................... 66 40 App.:1

note, 2, 2

note, 101,

102, 104,

106, 202–

205, 207,

214, 224,

225, 302,

303, 401,

403, 405.

Calendar No. 434

107TH CONGRESS

2D SESSION H. R. 2068

AN ACT

To revise, codify, and enact without substantive

change certain general and permanent laws, related to public buildings, property, and works, astitle 40, United States Code, ‘‘Public Buildings,Property, and Works’’.

JUNE 21, 2002

Reported without amendment